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HomeMy WebLinkAbout2016-020 Contract - URS Energy & Construction Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: URS Energy & Construction, Inc. -AS H LA N D CONTACT: Steve Samuelson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1501 4t' Avenue, Seattle, WA 98101 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 206.438.2054 DATE AGREEMENT PREPARED: Janua 26 2016 FAX: 206.438.2699 BEGINNING DATE: January 28, 2016 COMPLETION DATE: December 31, 2016 COMPENSATION: Time and Materials not to exceed (NTE) $7000.00 SERVICES TO BE PROVIDED: per attached exhibit C ADDITIONAL. TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rime C of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultants proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, fumish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: AIi documents prepared by Consultant pursuant to this contract shall be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from third party claims for injury to any person (including injury resulting in death), or third party claims for damage (including loss or destruction) to physical property, to the proportionate extent caused by the Consultant's negligence in the performance of this contract of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, ex enses claims, subro ations, actions costs "ud ments, or other damages, directly, solely, and proximately Contract for Personal Services, Revised 07/08/2014, Page 1 of 6 caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Cry's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: L If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by taw or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended. or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination. Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification. or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compgngation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one, $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $11,,,Q90,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit or the equivalent, of not less than Enter one: Contract for Personal Services, Revised 07/08/2014, Page 2 of 6 $200,000, $500,000, $1,000.000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chignae. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional InsureNCertificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining prOVisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and in force as if the Agreement did not contain the particular part, term or clause held to be unenforceable. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonapproprlations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. 18. Force Majeure. Any delay or failure of Contractor in performing its obligations under the contract shall be excused if and to the extent such delay or failure results from any cause beyond the reasonable control of Contractor, and Contractor's time of performance will be equitably adjusted to cover the effect thereof. 19. Warranty: a. Contractor warrants that the work wiH be performed in accordance with that degree of care and skill ordinarily exercised by members of the engineering profession applicable to similar work under similar circumstances. This warranty is exclusive and in lieu of any and all other warranties relating to the work whether statutory, express or implied and Contractor disclaims any such other warranties, and/or fitness for a particular purpose and any and all warranties arising from course of dealing and/or usage of trade. Any other statements of fact or descriptions expressed in the contract shall not be deemed to constitute a warrant of the work or any part thereof. b. Contractor may rely upon and use in the performance of the work information supplied to it by Owner without independent verification, and Contractor shall not be responsible for defects in the work attributable to its reliance upon or use of such information; provided, that in the event Contractor discovers an error, omission, defect or deficiency in such information, Contractor shall notify City thereof and shall not proceed with the affected work except as directed by City. 20. Risk Allocation. Notwithstanding any other provision to the contrary in this Agreement and to the fullest extent permitted by law, neither Owner nor Consultant shall be liable, whether based on contract, tort, strict liability, warranty, indemnity, or any other cause Whatsoever, for any consequential, special, incidental, indirect, punitive or exemplary damages, or damages arising from or in connection with loss of ower, loss of use loss of revenue or profit actual or anticipated), loss b reason Contract for Personal Services, Revised 07/08/2014, Page 3 of 6 of shutdown or nonoperation, increased cost of construction, cost of capital, cost of replacement power or customer claims; provided, however, that (1) the limitation of liability shall not apply with respect to Owner's indemnity and save harmless obligations to Consultant, and shall not affect Owner's obligation to pay Consultant as required under this Agreement' and (2) Consultant shall be liable for up to the total amount of the contract in the event Consultant erroneously determines, due to breach of the standard of care set forth in paragraph 19.a above, that some or all of the reservoir cannot be used and the City loses full or partial use of the reservoir as a direct result of such erroneous determination. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsultant: City of Ashland LV~~, ZI By By - nature Department Head Pri t Name Print Name a. l f / l C, Title Date W-9 One copy of a W-9 is to be submitted with the signed contract Purchase Order No. A O G NT BY.. "?•DATE: Contract for Personal Services, Revised 07108/2014, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: ,"~(1) I carry out the labor or services at a location separate from my residence or is in a / specific portion of my residence, set aside as the location of the business. v Commercial v'n or business r r r association membership are purchased for the business. 3 Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. ~(5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~ - ~ pfd Contractor (Date) Contract for Personal Services, Revised 0710812014, Page 5 of 6 CITY • ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WAGE Roper hour effective June 30, 2014 (Increases annually every June 30 by the ~r Consumer Price Index) • • • • - • . portion of business of their 401 K and IRS eligible • , • , employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by ➢ For all hours worked under a assistance for the project or the employee. business from the City of service contract between their Ashland in excess of ➢ Note: °Employee"does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage Municipal Code Section employee's time in that month employers may add the value 3.12.024. working on a project or of health care, retirement, • additional information: Call the Ashland City Administrator's office at 541488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 0701/2014, Page 6 of 6 E 1T AZCOM AECQMt 206 438 2700 tel 1501 4~h Avenue 866 495 5288 fax Suite 1400 Seattle, Wa 98101 WWW aecom corn January 28, 2016 Mr. Pieter Smeenk, P. E., S. E. City of Ashland Public Works Engineering Division 20 East Main Street Ashland, OR 97520 Dear Mr. Smeenk: SUBJECT: Reeder Gulch Project No. 1107-OR Proposal for Services - Hosler Dam Parapet Wail Modifications Phase 1 Scope of Services - Contract EXHIBIT C Per our recent discussions and your email request from yesterday, we have prepared this statement of the Phase 1 scope and costs, which was originally included in our January 20, 2016 proposal. We understand that, due to the City's contracting requirements, the full scope, as detailed in the latter proposal' exceeds what you can expeditiously authorize. The Phase 1 scope, in which supplementary discharge capacity is provided by cutting down the top of the right parapet wall, requires expeditious implementation by the FERC as an interim risk reduction measure. We thus are offering a revised proposal for the Phase 1 services to satisfy the FERC's schedule preferences. Refer to our January 20 proposal for the overall project background. The scope of work described by this proposal includes the tasks described below. Task 1 - NHPA/SHPO Compliance This task is for AECOM to prepare Oregon State Historic Preservation Office (SHPO) Section 106 documentation materials. The City of Ashland has been designated as the non-federal representative for FERC in matters of compliance with National Historic Preservation Act (NHPA), and this task allows AECOM to assist with these issues. Task 2 - Design Engineering This task comprises development of design calculations and a drawing illustrating the limits for right parapet wall reduction. Included in this task is development of a revised rating curve. The preliminary rating curve supplied in our December 22, 2015 technical memorandum likely overestimated the practical length of right parapet that is available ' The scope of the full proposal includes construction of a left-side flood wall as permanent mitigation and a concise study to restore storage to present levels using flashboards. City of Ashland Hosler Dam Parapet Wall Modifications January 28, 2016 for reduction of its height. As outlined in my January 21 RF1, No. 001, a greater reduction of the parapet wall likely will be necessary. A small allowance for telephone conferencing is included in the Phase 1 scope, but no travel is anticipated. PROJECT DELIVERABLES The deliverables for this project are as follows: General 1. NHPA Section 106 Form - This will include a description of the Hosler Dam; an evaluation of its historical significance using the National Register of Historic Places (NRHP) Criteria for Evaluation; a description of the proposed Project; and an assessment of the Project's effects on the Hosler Dam (if it is evaluated as eligible for the NRHP). This proposal assumes that the project would result in a concurrence from the Oregon SHPO that the project would result in "no adverse effects" pursuant to 36 CFR Part 800. If the SHPO does not concur with a finding of no adverse effects and asserts that a Memorandum of Agreement (MOA) is required (and FERC and the City agree), additional deliverables and labor may be required. Examples include assistance with the development of an MOA and state-level recordation of the dam. This task does not include these additional services. This is listed as the first deliverable since satisfaction of SHPO requirements precludes all modification activities. Phase 1 - Right Parapet Wall Modifications 2. One drawing showing the elevation to which the right parapet wall will be cut. All deliverables will be submitted electronically. COST OF SERVICES This work will be performed under the terms of the City's contract for personal services, of to which this proposal is attached as Exhibit C. Labor costs are equal to a multiplier of 2.8 on 2016 bare salaries. TASK Hours Cost 1. NHPA/SHPO Compliance 44 $ 4,080 2. Design Engineering 14 2,920 Total Labor: 58 $7,000 A=M Contains Critical Energy Infrastructure Information Page 2 of 3 Rev. 0 Do Not Release City of Ashland Hosler Dam Parapet Wall Modifications January 28, 2016 SCHEDULE Deliverable 1 will be ready for client review within 7 business days of notice-to-proceed. A draft revision of the design drawing Deliverable 2 will be ready within 3 days of either a} receipt of input information requested in RF1 001 or b) notice to proceed, whichever occurs later. A stamped, final version of the design drawing will be submitted within 2 days of receipt of NHPA/SHPO approval. CLOSING We appreciate the opportunity to be of service to the City of Ashland. If you have any questions or comments, please contact us. Sincerely, Steve Samuelson, P.E. Project Manager and 2013 Independent Consultant ATTACHMENTS CC: S. Benson M.Pavone T. Ferguson K. Ranzetta FILE Contains Critical Energy 'nfrastructure Information Page 3 of 3 ACQM Rev. 0 Do Not Release CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER;. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cartain policles may require an endorsamant. A statemont on this certificate does not confer rights to the certificate holder in lieu of such andorsemant(s). FF=UCER E tdarsh Nsk& Inslrsire Serviness F]IONE I-Ax LA Laanse A*437153 ' - c No l: 717 Saith Aperos ryraw„ E!1AIL ADDRESS: tin; l;.s, Ch 90017 Lei .urn; , INSURER(S) AFFORDING COVERAGE NAILS 0651' -AEGUtA-".5 i6 S~iiiJlll CLALI 11 202D INSURER A., Zu-id, Arm icon IRSJran a C.-,n;any 165M INSURED - LYSURER B ; NA N?A URS Wparallan INSURER C : Illnpii Urion Inmranne Co 779FA 1501 4Ih Munuo. Salt' 1400 L431JRER D : ;it3111a, ~~A 96101 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: I.C^S•A71I P776541 REVISION NUMBER: THIS IS TO CERTIFY THAT TI1C POLICIES OF INSURANCE LISTED BELOW R&VF aF.EN ISSUED TO THE INSURED PLAMED ABOVE [-OR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIRIEMENT, TERM OR CONDITION of ANY CONTRACT OR OTHER DOCUMENT V`.7TI I RESpmr T9 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PF..RTAIN. THE INSURANCE AFFORDLD 13Y THI, POLICIES DESCRIBED HEREIN IS SUBJECT TO At THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POI ICIES. LIMITS SHOWN MAY HAVE. OLEN REDUCED BY PAID CLAIMS. IMSFT TYPE OF INSURANCE ADPt..SUBRI PWCY NUMBER ALb6^Y EFF Mf DEC! EXt' LIMITS LTA A X 04MMEpCLALGewr=RALLIA0IUTY %'kObg658N07 D1r1!2015 LAM1i20:6 EACH UCC;UKHi-NCF _ $ '.00[,400 CLAIMS-MADE OCCUR PREMISCS Ca uxumroa! Ucr.'000 MED EXt' (AM m! prrcn,, $ 54~00 I PE4WNAL tt AL)V IN.Il1RY S 1.ti00;~DQ GENL AGGREGATE LIMIT APPLIES P*=W ! CENP-SAL AwNL-gATF S 24^00, AO FRO- 7 LUC PAODUCT5 - CUM'fQ=A03 S 2;m,wo X POLICY JEC- . OT.iER: I S A AUTOMOBILE LIAWUW IHAN 5965993 0? 001015 04,11112016 COMBINED SlWjLF- LIMI s 1,~g0,J70 i60 bccidelr: ANYAUTO ; s r)X-Y INJURY (Per pargcn) 5 ALL ZANM- - SCHEDULE:} EOa -Y INJURY (Far exidat-, 5 ALTOS AUTOS PROPERTY 01+%1A(St S _ HNED AUTOS F AUTOS I (Prr anckhvdl ~ - S UM0REL4A LLAS OCCUR _°ACH OCCIRREN;;- S EXC1:55 LIAR CLAIMS-A1AUL- AGGREGATE S S DLD RETENTIONS i PCATIIrF CRy WORKERS OOMPENSATION AND EMPLOYERS' UABILJIIY Y r N ANYpROPRIETOft-PARTK=-R'PxFr:IIIIVL ;=.L EIdCHA IDE ( N7 S mdat i y In NI R EXCLJCT=~7 N rA Mindetiry In NH) E.L. DISEASE - EA. EMPLLYt S IrYcs,crrloi9evn9d I E.L Dr3CASE POLICYLIIA:T S DnCRI?TION OF CPERN-IONS tti.Ir,N C A:0 iITEC7S f F.NG_ Lck`I C21654W93 100!';2014 T-Ir P-chi Apg 2,0X,0;f'1 f AsOFESSIONAL LIA3- "'GI AIMS VA1 " Defense Iridud&d DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES (ACORD 101, Addit'ioul Ft*mutr 5ehadula, may be attac'hed ir arwrt space is /squired) Re: Hosier Loft Abu ,rw,, nL Eros bIIly ,hill;, Tie Cis of A; )hvir?_ ORPM b r.31reJ as Wdliunal inntired f-.r GL & A_ nmrages, bet ca-rlr iz :watx".s work pe foarPc by or an rle:Idf of'h3 nsm3d insu,-ud. This i:iw irlu: is onmay and non oardnbuloy oVEr ay exJArg Insurance snd invited ID Utilily al sing wt Y the frail= d the eared in-urad and where ruquirCC ly uiitleri:;, drmt v-ilh Te;aec, i_• the GL & AL cuearaGes• CERTIFICATE HOLDER CANCELLATION Cily of Aldml SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE A b~nticn: Pieter &rneeuk THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN 201 Ems; )M h Sbw.1 ACCORDANCE WITH THE POLICY PROVISIONS. Ashlsid. OR JT52;} AUTHORIZED REPRESENTATTUE of Marsh Risk & Insureitce Survin" David Denitlan 01988-2014 ACORD CORPORATION- All rights resorved. ACORD 25 (2014101) The AGORD name and logo are registered marks ofAGORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement Is Issued subsequent to preparation of the policy). This endorsement, effective 12.01 AM 1/112015 forms a part of Policy SEE ATTACHED ACORD 101 No. Issued to AECOM URS Energy & Construction, Inc. By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In tho ovent that the Insurer cancels this policy for any reason ottior than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificato holder(s) when this policy is canceled (hereinafter, the 'Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either. (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity: or (b) the email address of a contact at each such entity; and 3_ prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should bo deleted, the Insurer will provide Hdvice of cancellation (the "Advice") to each such Certificate Holder(s) confirmed by tho Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms the accuracy of the Schedule below with the Insurer, provided, however, that if a specific number of days is not stated above. then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after tho Named Insured confirms the accuracy of tho Schedule below with the insurer. Proof of the Insurer amailing the Advice, using the information provided and subsoquently confirmed by the Named Insured in writing, will serve as proof that the Insurer has fully satisfied Its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effoctivo date thereof, nor shall this ondarsement invest any rights in any entity not Insured under this policy. The following definitions apply to this endorsement; 1. Named Insured means the first named employer in Item 1 of thG Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Inforrnatian Page of this policy. WC 99 00 58 (Ed. ©4/1'1) Attachment Code: D503595 Master n). 1389302, Ccrtificatr, ill; 13502(46 ACORLY CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY) 111/2017 12/7/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 4~T CT PRODUCER Lockton Insurance Brokers, LLC N E: 19800 MacArthur Blvd., Suite 1250 APHONE AX rc No Ext : Arc No CA License #OF16767 E-MAIL Irvine 92612 ADDRESS' 949-252-4400 NS RE 5 AFFORDING COVERAGE NAIC 9 INSURER A: SEE ATTACHMENT INSURED AECOM INSURER B : 1389302 URS Energy & Construction, Inc, INSURER C : 1501 4th Ave, Ste. 1400 Seattle WA 98101-3655 INSURE D : URER E: I SURER : COVERAGES AECTE01 CERTIFICATE NUMBER: 13502646 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1LTR TYPE OF INSURANCE nN 9 POLICY NUMBER j S MM1DD EYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE XXXXXXX CLAIMS-MADE 0 OCCUR NOT APPLICABLE DAMAGE TO RENTED xxxXxxx PRE ISES Ea occurrence) MED EXP An one person) XXXXXXX PERSONAL & ADV INJURY $ XXXX~~X GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY❑JEC7 D LOC PRODUCTS - COMP/OPAGG XXXXXXX OTHER $ AUTOMOBILE LIABILITY COMBINED DSINGLE LIMIT NOT APPLICABLE accident, $ XXXXx IX ANY AUTO BODILY INJURY (Per person) $ x{3{}{}{XXX ALL OWNED AU SCTHEDULED AUTOS 05 BODILY INJURY (Per accident $ XXXXXXX NON-OWNED PROPERTY DAMAGE $XXXXXXX HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION $ $ WORKERS COMPENSATION P OTH- A AND EMPLOYERTLIABILITY YIN N SEE ATTACHED ACORD 101 1/1/2016 1/1/2017 X STATUTE ANY OFFICERIMEM ER EXCLUDEpjEcu71VE Q N 1 A E.L. EACH ACCIDENT $ 2,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE 2,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may he attached If more space Is required) Notice of Cancellation applies per attached endorsement. Re: Hosler Left Abutment Erodilibility Study. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 13502646 AUTHORIZED REPRESENTATIVE City of Ashland Attn: Pieter Smeenk 20 E. Main St. Ashland OR 97520 7, m 4 ACORD 25 (2014/01) ©1 88-201 C D C RPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 1 ^ Issuing Company State(s) Covered Policy # 0910710 Nat'l Union Fire Ins Co Oil 014268016 The Insurance Company of the State of Pennsylvania F1, 014268017 The Insurance Company of the State of Pennsylvania ME 014268019 The Insurance Company of die State of Pennsylvania IL,KY 014268020 The Insurance Company of the State of Pennsylvania NV 014268021 The Insurance Company of the State of Pennsylvania CO 014268022 The Insurance Company of the State of Pennsylvania NJ,PA 014268023 The Insurance Company of the State of Pennsylvania ' 1A,ND,OH,WA,\Vl XVY 014268024 The Insurance Company of the State of Pennsylvania CA 014268025 The Insurance Company of the State of Pennsylvania IL,KY,NC,NH,UT VT 014268026 The Insurance Company of the State of Pennsylvania AL,AR,CO,CT,DC,DI!:,UA,HI,IA,ID,IN,KS,LA,;4iD,A41,1!•IN,D-IO,DfS, 4T,NT;,NIvf,NV,NY,OK,OR,RI,SC,SD;1N; I'X,W\I 014268027 The Insurance Company of the State of Pennsylvania AK,A'L,VA 014268028 The Insurance Company of the State of Pennsylvania NY 014268018 The Insurance Company of the State of Pennsylvania IL,WA 014268029 The Insurance Company of the State of Pennsylvania CO,ID,Nlvf,SC,TN 014268030 The Insurance Company of the State of Pennsylvania TX Miscellaneous Attachment : M503712 Master ID: 1389302, Certificate ID: 13502646 r e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. i (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 j1A,1 1/1/2016 forms a part of Policy No. SEE. A'ITACHEI) ACOM 101 Issued to AECOM IMS Energy & Construction, Inc. By The Insurance Company of the State of Pennsylvania LIMITED ADVICE OF CANCELLATION TO SCHEDULED ENTITIES (WORKERS' COMPENSATION ONLY) This policy is amended as follows: In the event that the Insurer cancels this policy for any reason other than non-payment of premium, and 1. the cancellation effective date is prior to this policy's expiration date; 2. the Named Insured or, if applicable, any other employers named in Item 1 of the Information Page is under an existing contractual obligation to notify a certificate holder(s) when this policy is canceled (hereinafter, the "Certificate Holder(s)") and the Named Insured has provided the Insurer, either directly or through its broker of record, either: (a) the name of the entity shown on the certificate, a contact name at such entity and the U.S. Postal Service mailing address of each such entity; or (b) the email address of a contact at each such entity; and 3. prior to the effective date of cancellation, the Named Insured confirms to the Insurer, either directly or through its broker of record, that the persons or organizations set forth in the Schedule below, as well as their respective addresses listed, should continue to be a part of the Schedule and, if not, the names of the persons or organizations that should be deleted, the Insurer will provide advice of cancellation (the "Advice") to each such Certificate 1 solder(s) confirmed by die Named Insured in writing to be correctly a part of the Schedule within 30 days after the Named Insured confirms die accuracy of the Schedule below with the Insurer; provided, however, that if a specific number of days is not stated above, then the Advice will be provided to such Certificate Holder(s) as soon as reasonably practicable after the Named Insured confirms the accuracy of the Schedule below with the Insurer. Proof of the Insurer emathng the Advice, using the information provided and subsequently confirmed by the Named Insured in writing, will serve as proof that die Insurer has fully satisfied its obligations under this endorsement. This endorsement does not affect, in any way, coverage provided under this policy or the cancellation of this policy or the effective date thereof, nor shall this endorsement invest any rights in any entity not insured under this policy. The following definitions apply to this endorsement: 1. Named Insured means the first named employer in Item 1 of the Information Page of this policy. 2. Insurer means the insurance company shown in the header on the Information Page of this policy. WC 99 00 58 (Ed. 04/11) Attaclunent Code : D503695 Master ID: 1389302, Certificate ID: 13502646 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER IM& 20 E MAIN ST. 2/3/2016 13360 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016631 SHIP TID: Ashland Public Works URS ENERGY & CONSTRUCTION, INC (541) 488-5587 10900 NE 8TH STREET SUITE 500 51 WINBURN WAY BELLEVUE, WA 98004 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. N:).: Terms: Net Deft.: Req. Del. Date: Contact: Pieter Smeenk Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Hosler Dam Parapet Wall Modifications 7,000.00 Phase 1 Scope of Services Contract for Personal Services Beqinninq date: 01/28/2016 Completion date: 12/31/2016 i r SUBTOTAL 7,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST ! FREIGHT 0.00 541-552-2010 TOTAL 7,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account wJumber Project Number Amount E 670.08.15.00.60410 E 201503.999 3,500.00 E 690.11.15.00.60240 E 201503.999 3,500.00 f. Authdfized Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 6P n itq Required date for delivery: Vendor Name Address, City, State, Zip INC M- Contact Name & Telephone Number L~l4-- Fax Number a SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2,50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES 1:1 Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: Date _ (Attach copy of council communication) . Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost CLIO s Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number~~ S _ - Account Number _ _ _ - _ _ - _ - , Account NumberL - jAccount Numbers LL 'Expenditure must be charged to the appropriate acc)unt numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this rition form, I c ify that the City's public contracting requirements have been satisfied. Employee: ~-~✓'1 Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael R. Faught-Director of Public Works Date: 2-1-2016 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50J20(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intends to contract ivilh the privale considtant Steve Samltelson of URS fof- project nirfnber 2013-03. The scope of services regitires high level structural and geolechnical engineering knotit'ledge normally available.fi°oin only a small pool of very, specialized dam consultants. The preferred consultant has been pre-approved by the FERC. for a recent FERC regttired study, and is very, familiar ivith the conditions and reguirernents of ottr par-titular doin. The services are expected to be provided in FI'2013and 1,')2016 with a not to exceed budget amount of S.50,381. 30% of the services (ire to be paid oast of the Electric Supply Budget, and 30% arc to he paid out of the fI'ctter Supply bztdgel. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City ofAshland Engineering Division does not have the adequate sluff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department' in the City has the resources or technical knolilledge to complete the ii7ork associated lvilh this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/1/2016