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2016-021 Contract - OBEC Consulting Engineers
Contract for PERSONAL SERVICES less than $35,000 CONSULTANT: OBEC Consulting Engineers CITY OF ASHLAND CONTACT: Jaime Jordan P.E. 20 East Main Street ADDRESS: 831 O'Hare Parkway Ashland, Oregon 97520 Medford, OR. 97504 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541/774-5590 DATE AGREEMENT PREPARED: 1/21/2016 FAX: 541/774-5591 BEGINNING DATE: 1/21/2016 COMPLETION DATE: 12/31/2016 COMPENSATION: NTE $6,576 per Exhibit C SERVICES TO BE PROVIDED: Reference Exhibit C OBEC proposal No. P649-022 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 primary City 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 consultant's 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 / 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, furnish 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: All 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. I 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 injury to any person (including injury resulting in death), or damage (including loss or destruction to property, of whatsoever nature arising out of or incident to th a ormance o 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, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 06102/2015, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City'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: i. 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 law 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 Compensation 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, $1,000,000, $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: $200,000, $500,000 11,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Personal Services, Revised 06/02/2015, Page 2 of 5 e. Notice of cancellation or change. 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 Insured/Certificates 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. 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. Nonappropriations 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. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant., City of Ashland By By vd~iail~ Signature Department Head Print Name Print Name JrcE / / Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. AP V b OM ZIP W a-., Ash a Attorney Dahb Contract for Personal Services, Revised 06/02/2015, Page 3 of 5 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) 1 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. (2) Commercial advertising or business cards or a trade 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. J,44.W 4a;la~~ 1 -2.1- 1~ - Contractor U (Date) Contract for Personal Services, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING A so^ 1. 1^4 WAGE • • • • . . 1 . Rigg per hour effective June 30, 2015 (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 assistance for the project or the employee. ➢ For all hours worked under a 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 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 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 06/02/2015, Page 5 of 5 Exhibit C ► CONSULTING ENGINEERS W EUGENE, OR January 19, 2016 Corporate Office 541.683.6090 LAKE OSWEGO, OR Scott Fleury 503.620.6103 Director of Engineering SALEM, OR City of Ashland 503.589.4100 51 Winburn Way MEDFORD,OR Ashland, Oregon 97520 541.774.5590 VANCOUVER, WA RE: East Nevada Street Bridge Alternatives 360.314.2391 OBEC Proposal No. P649-022 www.obec.com Dear Scott: OBEC Consulting Engineers appreciates the opportunity to respond to the City of Ashland with this proposal to provide project scoping and cost estimating in support of your East Nevada Street Extension Project. Project Background OBEC understands that the City of Ashland will be applying for funding to design and construct the East Nevada Street Extension Project consisting of a new two-lane bridge over Bear Creek in order to better connect neighborhoods along Mountain Avenue with the north end of Ashland. The City of Ashland is seeking funding application support for two scenarios. Scenario 1: Feasibility and associated costs of constructing one bridge with bike ped facilities combined, either to the middle or to one side of the bridge. Scenario 2: Feasibility and associated costs of constructing two separate bridges, one for vehicles and one for bike ped only. OBEC has prepared the following proposed scope of services for the project. Scope of Work Task 1 - Project Management and Coordination The major objectives of this task are to schedule, coordinate and supervise Project work, and to establish lines of communication between OBEC and City of Ashland staff. OBEC shall prepare and provide monthly project invoices with progress reports. For budgeting purposes, it is assumed that two (2) OBEC staff members will attend two (2) public review meetings for up to three (3) hours (including travel) to discuss the Project. Scott Fleury Cotvsaum January 19, 2016 m 1 ENGAUEEBS Page 2 INE&I lw~ Task 2 - Project Investigation, Concept Layouts, and Scoping The major objectives of this task are to utilize previously gathered information from Nevada Street Bridge scoping (OBEC Job #P019-0412), consider opportunities and constraints for two bridges, and determine the constraints for each concept for the different scenarios. In addition, OBEC will utilize data already gathered to provide an exhibit for each scenario to illustrate the transition of bike/ ped facilities from the road to each proposed scenario. Task 3 - Environmental Assessment Based on the results of Task 2, OBEC will investigate and document environmental concerns associated with permitting for each scenario. This analysis will be completed from computer desktop research and no site visit will be necessary. The results will be presented in a brief technical memorandum that clearly lists the expected permits and environmental clearances for each scenario including expected timeline for agency review and approval and any associated fees. Estimate to complete environmental clearances and permits will be included in the Cost Estimate under Task 4. Task 4 - Cost Estimating Based on the results of Task 2 and 3, OBEC will prepare detailed scoping estimates for both scenarios of the project in spreadsheet format. The estimates will include all major project elements, including design and construction engineering, environmental clearances, bridge and roadway construction items, temporary items like traffic control and erosion control, and contingencies. Calculations and assumptions will be provided to allow for easier review. Fee OBEC proposes to complete the project on a time-and-materials basis with a not-to-exceed limit of $6,576. A breakdown of projected hours for each task is attached in Exhibit A. Project billings will be prepared on a monthly basis based per the attached 2015 OBEC rate sheet. We appreciate the opportunity to present this proposal to you for this project. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Can tie Jordan, PE Project Manager/Office Manager JLJ:bIh Enclosures Sg°o°o $ $ °o g inE H m a n o w M U Y a a ~ r j 9 0 T m a` e ~ o ` °o II 11 11 II 11 m U M m W H F• N O m U J W ~ Q O SaIL PP ~ W '^W r ci F 0 LM H u u W O ' 1 ZOO Z o 0: Ix O Q1 d A. x W Q, 0 u N 0 t~ o f ~ 0 Z Q z O T u O Z' V J VI o Q ~ ~ N O O u 0 W F O O H N W Q H G ~ ♦ r °n o ~ H ^ ~ Q SS o n ~3 d o t S •o C o o d 2 2 r. 9 P 2 Q ~ 3 S U N n` 00 Ji Q m H = ~ °o a a d Q N~ W ~ C i a a C W ~ ,i6 S O m S8 Z + n N ~ t W --6w O O Y hm Ji W y - o 0 1 ~ N K 0 0 O e N `o tg E y Y e r Q ~ W ~ E OI ~ E € ~ e c w6 = W 5 N C Y Y Y Y Q IJ v P u O o BridgelStructures . RoadwaylCivil . Specifications, Permitting 8 Utilities Survey/Geomatics Construction Engineering Management SUHSUt tiff INSINii85 W 2015 Salary Grade & Hourly Rates Personnel Classification Personnel Classification Principal/Chief Engineer $215 Design Construction Division Manager/Sr. Project Manager $178 Division Manager/Project Manager $151 Sr. Project Engineer $154 Construction Group Manager $134 Project Manager $151 Assistant Project Manager $131 Sr. Engineering Technician $131 Project Engineer 4 $138 Field Engineer 3 $122 Project Engineer 3 $122 Engineering Technician 3 $92 Sr. Roadway/Bridge Designer $118 Field Engineer 2 $92 Utility Coordinator $122 Engineering Technician 2 $82 CAD Manager $122 Engineering Technician 1 $73 Environmental Team Lead $114 Administration Bridge/Roadway Designer $92 Director Financial Operations $199 Environmental Specialist $76 Project Coordinator $122 Sr. CAD Technician $92 Contract Administrator $122 CAD Technician 2 $73 IT Manager $99 CAD Technician 1 $60 Project Controller $99 Engineering Intern Sr. IT Specialist 3 $99 Surveying Staff Accountant/Project Accountant $99 Division Manager/Project Manager $151 Administrative Assistant 3 $73 Sr. Project Surveyor $124 Branch Office Administrator $73 Project Surveyor $110 IT Specialist 2 $73 Survey Technician 3 $92 Accounting Specialist 3 $73 Survey Technician 2 $73 Accounting Specialist 2 $60 Survey Technician 1 $60 Secretary 2 $60 Travel/Reimbursable Expenses: Mileage: ODOT Current Rate Equipment Charges: Reimbursable job costs will be invoiced at cost. Special equipment @ direct rental cost AC° CERTIFICATE OF LIABILITY INSURANCE 01/22~2`0~6 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 POLICIE 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 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 endorsements . PRODUCER CONTACT Marsh Sponsored Programs NAME: PHONE 800-338-1391 FAX 888-621-3173 a division of Marsh USA, Inc. A/C No: PO Box 14404 E-MAIL acecclientrequest@marsh.com ADDRESS: Des Moines IA 50306 INSURERS AFFORDING COVERAGE NAIC# INSURER A: Sentinel Insurance Company Ltd 11000 SURED INSURER B : Hartford Casualty Insurance Company 29424 bNBEC Consulting Engineers Devon Pereira 920 Country Club Road INSURER C Eugene OR 97401-2231 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO 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 TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DD MMIDD/YYYY LIMITS A GENERAL LIABILITY Y 84SBWPA4035 03/20/2015 03/20/2016 EACH OCCURRENCE $ 2,000, 000 X Prof. Liab. Excl. DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 2, 000, 000 CLAIMS-MADE 1XI OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL 8 ADV INJURY $ 2, 000, 000 GENERAL AGGREGATE $ 4,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 4 , 000 , 000 17 POLICY X PRO LOC $ JECT [7 A AUTOMOBILE LIABILITY Y 84UEGPF0127 03/20/2015 03/20/2016 COMBINED SINGLE LIMIT Ea accident $ 2 000, 000 X ANYAUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( ) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR 84XHGYH1723 103/20/2015 03/20/2016 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5, 000, 000 DED , X RETENTION $ 10 000 $ A WORKERS COMPENSATION 84WBGBJ0746 03/20/2015 03/20/2016 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER _ ANY PROPRIETOR/PARTNER/EXECUTI E.L. EACH ACCIDENT $ 1, 000, 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOY 1, 000, 000 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT $ 1 00 000 i I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: East Nevada Street Bridge Alternatives. The City of Ashland, Oregon, and its elected officials, officers and employees are included as additional insured when required by written contract. Primary/Non Contributory applies to GL and Auto when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland AUTHORIZED REPRESENTATIVE Attn: Scott Fleury r~ 20 East Main Street Ashland, OR 97520 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 84UEGPF0127 COMMERCIAL AUTOMOBILE INSURED: OBEC Consulting Engineers HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 POLICY NUMBER: 84SBWPA4035 BUSINESS LIABILITY COVERAGE INSURED:OBEC Consulting Engineers SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 Client#: 331197 OBECCONE FDATE (MMIDD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1/21/2016 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 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). PRODUCER 'CONTACT NAME: Kibble & Prentice, a USI Co PR PHONE - FAx - AJC, No Ext): 206 441-6300 A/C No : 610-362-8528 601 Union Street, Suite 1000 E-MAIL I'certreGuest usi.biz Seattle, WA 98101 ADDRESS: P INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: XL Specialty Insurance Company 37885 INSURED INSURER B : OBEC Consulting Engineers, Inc. INSURER C 920 Country Club Rd, #1006 INSURER D Eugene, OR 97401 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. INSR IADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IINSR WVD 1 POLICY NUMBER MM/DDIYYYY MM/DDIYYYY ' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMS-MADE C OCCUR PREMISES (Ea occur ence $ MED EXP (Any one person) $ PERSONAL a ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ n PRO- 1-1 PRODUCTS -COMP/OP AGG S POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED a PERTY DAMAGE $ -OWNED Peccident) HIRED AUTOS AUTOS - $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OR :ST EMPLOYERS' LIABILITY T T R Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional DPR9725532 9/25/2015 09/25/2016, $5,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract for Personal Services, East Nevada Street Bridge Alternatives. This Certificate is issued in respects to above referenced. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Scott Fleury ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17115435/M16280482 LZGZP I Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER ,a 20 E MAIN ST. 2/3/2016 13356 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 010507 SHIP To: Ashland Public Works OBEC CONSULTING ENGINEERS,; INC (541) 488-5587 920 COUNTRY CLUB ROAD 51 WINBURN WAY SUITE 100B t ASHLAND, OR 97520 EUGENE, OR 97401-6089 FOB Point: Ashland, Oreqon Req. N~.: Terms: Net De f(t.: Req. Del. Date: Conta :t: Scott Fleury Special Inst: Confirmin,''J? NO Quantity Unit Description Unit Price Ext. Price Reference OBEC Proposal No. P649-022 6,576.00 Contract for Personal Services Beqinninq date: 01/21/2016 Completion date: 12131/2016 j. ' SUBTOTAL 6,576.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 6,576-00 ASHLAND, OR 97520 Account Number Project Number Amount Account qumber Project Number Amount E 260.08.12.00.70420 E 201228.999 6,576.00 Authorizdd"Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: I IZ`~ I~ Required date for delivery:p Vendor Name bR!'EC Address, City, State, Zip g3 t Contact Name & Telephone Number Fax Number X4I uuE 4. C4k J- 7-4 e4 - S6"cl rZ~~ 1.6 SRc -a - S I 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 ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: 3 Written solicitation (Date) proposals/written Date approved by Council: _ El Form #4, Personal Services $5K to $75K Valid until: Date (Attach copy of council communication) Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number 20 12 z4S Account Number - - - - Account Number ZbO - Ce t 2 - cc) . 7? t4ZM Account Number _ *Expenditure must be charged to the appropriate account 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 requisition form, I certify that the City's public contracting requirements have been satisfied. < Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: --City Administrator: (Equal to or greater than $25,000) t124 vo Funds appropriated for current fiscal year. E / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition