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HomeMy WebLinkAbout2016-029 Contract - Laurie Sager & Associates Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Laurie Sager and Associates -ASHLAND 20 East Main Street CONTACT: Laurie Sager Ashland, Oregon 97520 Telephone: 541/488-6002 ADDRESS: 700 Mistletoe Road Suite 201 Fax: 541/488-5311 Ashland Parks and Recreation Commission TELEPHONE: 541-488-1446 January 28, 2016 FAX: 541-488-0636 BEGINNING DATE: Februar 9, 2016 COMPLETION DATE: Jul 31, 2016 COMPENSATION: Not to exceed $19,000. SERVICES TO BE PROVIDED: See Exhibit C for additional detail • Coordinate Survey Work • Design construction documents for bid package including site plan: Tree Protection, Grading, Plumbing to fixtures, drainage plan, layout and sleeving plan. • Construction details: Concrete seatwall at splashpad, Concrete paving details at splashpad, concrete sidewalks, concrete pads for shelters, drinking fountains, concrete steps to playground, basketball court surfacing, basketball court curbing, basketball court hoop and backboard detail, picnic table mounting pads, concrete sign for bike shelter, amenity layout and design for bike shelter. • Planting plan with irrigation retrofit. • Assemble bid documents including construction documents listed above and splashpad documents provided by Vortex, shelter documents provided by Ross Recreation, volleyball court documents provided by parks. • Coordinate with Parks staff, Vortex, Ross Recreation, specification writer and cost estimator (30-hour allowance) • Bid assistance (12-hour allowance) 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. Contract for Personal Services, Revised 06/02/2015, Page 1 of 6 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. 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 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, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately 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. 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 Contract for Personal Services, Revised 06/02/2015, Page 2 of 6 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, $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 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. Non-appropriations 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. Contract for Personal Services, Revised 06/02/2015, Page 3 of 6 onsultan . City of Ashland By By i nature Department Head Print N me Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 06102/2015, 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) 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. CA1 (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. ~I (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. Contracto (Date) Contract for Personal Services, Revised 06/02/2015, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE . per hour effective June 30, 2015 (Increases annually every June 30 by the 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 3.12.020. 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 6 of 6 LAURIE SAGER AND ASSOCIATES LANDSCAPE ARCHITECTS INC. 700 MISTLETOE ROAD, SUITE 201 ASHLAND, OREGON 97520 January 15, 2016 Submitted to., Parks Superintendent - Bruce Dickens City of Ashland Parks Department 340 South Pioneer Street Ashland, Oregon 97520 P 541-552-2252 F 541-488-5317 Proposal for Landscape Architecture Services: Garfield Park Project Scope of Work. • Coordinate additional survey work by Terrosurvey, needed to expand and update current base information City to contract directly with Terrasurvey for additional survey) • Design and provide the following construction documents for bid package. o Site plan o Demolition and Construction Fencing Plan o Tree Protection and Removal Plan o Grading, Plumbing~potable to site fixtures only) and Drainage Plan ~2 sheets) o Layout and Sleeving Plan l2 sheets) o Construction details including the following. - Concrete seatwoll at splash pad - Concrete paving. decorative finishes, logo, and scoring at splash pad - Concrete sidewalks - Concrete pads for l3) shelterslengineering and details by others) - ~2) Showerslfoot showers - l2) Drinking fountains - l4) Trash and recycling receptacles - Concrete steps to playground - Basketball court surfacing - Basketball court curbing - Basketball court hoop and backboarol~engineering by others) - Picnic table mounting to pads f2 types) - Concrete sign for bike shelter - Amenity layout and design for bike shelter o Planting Plan with lrrigation retrofit notes ~2 sheets) • Assemble bid documents including construction documents listed above and splash pad documents provided by Vortex, shelter documents provided by Ross Recreation, volleyball court documents provided by Parks P)5414881446 F) 541 488 o636 • Coordination with Parks staff, Vortex, Ross Recreation, specification wriler and cost estimator X30 hour allowance) • Bid assistance / 12 hour allowance) Desi n Service fees: TOTAL FEES $19,000.00 EXCLUSIONS FROM CONTRACT: Additional survey work, all specifications (can be added to contract upon request), plumbing and electric design for splash pad and amenities not included in scope above, engineering for shelters provided by Ross Recreation, engineering for basketball backstop/hoop, outdoor lighting plan, cost estimate for project(can be added to contract upon request) City meetings, permitting and construction observation. Additional services can be requested, and if agreed upon shall be billed at the hourly rates outlined below. Client shall be billed at the first of each month based on amount of project completed. Plots and other reimbursable expenses shall be billed at cost plus 10%. This proposal assumes that any work done by outside consultants (engineers, surveyors, landscape contractors, etc.) shall be contracted directly with the Client. Hourly Rates: Principal Landscape Architect $700.00 Draftsperson $8000 Jr Drafter $60.00 Client's Responsibilities A. Client agrees to provide Landscape Architect with all base information, surveys, reports, and professional recommendations and any other related items requested by Landscape Architect in order to provide its professional services. Landscape Architect may rely on the accuracy and completeness of these items. B. Client agrees to advise Landscape Architect of any known or suspected contaminants at the Project site. Client shall be solely responsible for all subsurface soil conditions. C. Client will obtain and pay for all necessary permits from authorities with jurisdiction over the Project. D. Client agrees to render decisions in a timely manner so as not to delay the orderly and sequential progress of Landscape Architect's services. Termination A. Either Client or Landscape Architect may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay Landscape Architect for all Basic and Additional Services rendered and Reimbursable Expenses incurred up to the date of termination. C. Upon not less than seven drys' written notice, Landscape Architect may suspend the performance of its services if Client fails to pay Landscape Architect in full for services rendered or expenses incurred. Landscape Architect shall have no liability because of such suspension of services a termination due to Client's nonpayment. Dispute Resolution Client and Landscape Architect agree to mediate claims or disputes arising out of or relating to this Agreement before initiating litigation. The mediation shall be conducted by a mediation service acceptable to the parties. A party shall make a demand for mediation within a reasonable time after a claim or dispute arises, and the parties agree to mediate in good faith. In no event shall any demand for mediation be made after such claim or dispute would be barred by applicable law. Mediation fees shall be shared equally. Article 8 Miscellaneous Provisions A. This Agreement is governed by the law of Landscape Architect's principal place of business. B. This Agreement is the entire and integrated agreement between Client and Landscape Architect and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and Landscape Architect. C. In the event that any term or provision of this Agreement is found to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither Client not Landscape Architect shall assign this Agreement without the written consent of the other. E. Irrespective of any other term in this Agreement, Landscape Architect shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs-, or for another parties' errors or omissions or for another parties' failure to complete their work or services in accordance with Landscape Architect's documents. F. Client agrees to indemnify, defend and hold Landscape Architect harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except that the Landscape Architect shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by Landscape Architect's negligent errors or omissions. G. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. For purposes of this provision, "prevailing party'' shall include a party that dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. H. Client and Landscape Architect waive consequential damages for any claims, disputes or-other matters in question arising out of or relating to this Agreement. Landscape Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against Landscape Architect for claims, disputes or other matters in question aris ng out of or relating to the Project. 1. To the extent damages are covered by property insurance during construction, Client and Landscape Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph. J. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party. K. If this Agreement is not signed and returned to Landscape Architect within 15 days, the offer to perform the described services may, in Landscape Architect's sole discretion, be withdrawn and be null and void. LANDSCAPE ARCHITECT CLIENT Laurie Sager Dated: January 15, 2016 License No. 527 Oregon Dated Renewal Date: February 28, 2016 Certificate of Insurance This certifies that x State Farm Fire and Casualty Company, Bloomington, Illinois s`At` FARM' State Farm General Insurance Company, Bloomington, Illinois we - State Farm Fire and Casualty Company, Aurora, Ontario INSUIt AMC State Farm Florida Insurance Company, Winter Haven, Florida State Farm Lloyds, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder LAURIE SAGER $ ASSOCIATES LANDSCAPE ARCHITECTS INC. Address of policyholder 700 MISTLETOE RD STE 201, ASHLAND, OREGON 97520-9157 Location of operations 700 MISTLETOE RD STE 201, ASHLAND, OREGON 97520-9157 Description of operations LANDSCAPE ARCHITECTS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) 97-GA-1836-3 Comprehensive BODILY INJURY AND Business Liability 09-25-2015 09-25-2016 PROPERTY DAMAGE - This insurance includes: Products - Completed Operations X Contractual Liability Each Occurrence $ 2,000,000.00 X Personal Injury X Advertising Injury General Aggregate $ 4,000,000.00 Product - Completed $ 4,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) N/A ❑ Umbrella Each Occurrence $ ❑ Other ? Aggregate $ Policy Period Effective Date Expiration Date Part I - Workers Compensation - Statuto Workers' Compensation 11-12-2015 11-12-2016 Part II - Employers Liability and Employers Liability Each Accident $ 500,000.00 Disease - Each Employee $ 500,000.00 Disease - Policy Limit $ 500,000.00 Policy Period Limits of Liability Policy Number Type of Insurance Effective Date i Expiration Date (at beginning of policy eriod) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before CITY OF ASHLAND - PARKS AND RECREATION DEPT. their expiration date, State Famno will try to mail a 340 S PIONEER STREET, ASHLAND, OREGON 97520 written notice to the certificate holder 30 days before cancellation. If we fail to mail such notice, no ATTN: BRUCE DICKENS - PARKS SUPERINTENDENT obligation or liability will be imposed on State Farm or its agents or representatives. Zf'/10~ &V- Signature of Au ri ed Representative L5A 1~- 02101/16 Title Date BRIAN CONRAD Agent Name Telephone Number (541) 482-8470 Agents Code Stamp Agent Code 37.2155 AFO Code F472 1001260 506399.10 08.25-2009 ACS ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/02/02/DD/YYYY) DD/ 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 certof ucate holder In Imeu of such endorsement(s), PRODUCER CONTACT NAME Karen Bronson CorRisk Solutions PHONE 312-263-4218 FAX . WC, No. E.) 225 W. Washington St. Suite 1560 (AD N. Evt) EMAIL Chicaac, IL 6060E ADDRESS k_brosj n@corrisksolutions.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: New Hampshire Insurance Company 23841 INSURED INSURER B: Laurie Sager & Associates Landscape Architects, INSURER C: Inc. 700 Mistletoe Road INSURER D: Suite 201 INSURERE: Ashland, OR 97520 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 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. INSR TYPE OF INSURANCE ADD'L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSRD WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURANCE DAMAGE To RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurance) CLAIMS MADE D OCCUR MED EXP (Any one person) DOES NOT APPLY PERSONAL &,AND INJURY GENERAL AGGREGATE GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG POLICY PROJECT F-ILOC U(JMBINLD 6INU-1= LIMI I (La AUTOMOBILE LIABILITY accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED DOES NOT APPLY BODILY INJURY (Per accident) AUTOS AUTOS NON-OWNED PHOpLH I Y DAMAGE (per HIRED AUTOS AI ITns accident) UMBRELLA LIAB OCCUR EACH OCCURANCE EXCESS LIAB CLAIMS MADE DOES NOT APPLY AGGREGATE DIED RETENTION S WORKERS COMPENSATION WC STATU- OTHER AND EMPLOYERS' LIABILITY TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT OFFICE/MEMBER EXCLUDED? Y/N N/A DOES NOT APPLY t, L, uIbtSHE - to (Mandatory in NH) ❑ EMPLOYEE It yes, describe under ULsCRIP I ION OF E.L. DISEASE -POLICY LIMIT OPERATIONS below 064990509- Per Occurrence: $1, 000, 000 A Professional Liability 00 10/29/15 10/29/16 Annual Aggregate: $1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACCORD 101, Additional Remarks Schedule, if more space is required) City Park_ 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 Parks & Recreation 340 S. Pioneer St. AUTHORIZED REPRESENTATIVE Ashland, OR 97520 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. Allrights reserved. The ACORD name and logo are registered marks of ACORD Certificate of Insurance This certifies that x State Farm Fire and Casualty Company, Bloomington, Illinois State Farm General Insurance Company, Bloomington, Illinois State Farm Fire and Casualty Company, Aurora, Ontario State Farm Florida Insurance Company, Winter Haven, Florida State Farm Lloyds, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder LAURIE SAGER & ASSOCIATES LANDSCAPE ARCHITECTS INC. Address of policyholder 700 MISTLETOE RD STE 201, ASHLAND, OREGON 97520-9157 Location of operations 700 MISTLETOE RD STE 201, ASHLAND, OREGON 97520-9157 Description of operations LANDSCAPE ARCHITECTS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) 97-GA-1836-3 Comprehensive BODILY INJURY AND Business Liability 09-25-2015 09-25-2016 PROPERTY DAMAGE This insurance includes: Products - Completed Operations X Contractual Liability Each Occurrence $ 2,000,000.00 X Personal Injury X Advertising Injury General Aggregate $ 4,000,000.00 Product - Completed $ 4,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Policy Number EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) N/A Umbrella Each Occurrence $ E] Other ' Aggregate $ Policy Period Effective Date Expiration Date Part I - Workers Compensation - Statuto Workers' Compensation 11-12-2015 11-12-2016 Part 11 - Employers Liability and Employers Liability Each Accident $ 500,000.00 Disease - Each Employee $ 500,000.00 Disease - Policy Limit $ 500,000.00 Policy Period Limits of Liability Policy Number Type of Insurance Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before CITY OF ASHLAND - PARKS AND RECREATION DEPT. their expiration date, State Farms will try to mail a 340 S PIONEER STREET, ASHLAND, OREGON 97520 written notice to the certificate holder 30 days before cancellation. If we fail to mail such notice, no ATTN: BRUCE DICKENS - PARKS SUPERINTENDENT obligation or liability will be imposed on State Farm or its agents or representatives. y t f) CrZ~` Signature of Au ri ed Representative L5/~ 1~' 02/01/16 Title Date BRIAN CONRAD Agent Name Telephone Number (541) 482-8470 Agents Code Stamp Agent Code 37-2155 AFO Code F-472 1001260 10639910 08-25-2009 01 W'"N Evidence of Insurance/Lienholder Interest FARMERS INSURANCE Policy Number: 18930-17-89 Underwritten By: Farmers Insurance Company of Oregon Policy Edition: 2nd 23175 NW Bennett St Effective: 21112012 12:01 AM Hillsboro, OR 97124 Expiration: Continuous until cancelled YourAgent: Gregory Daniel Scott Expiration Time: 12:01 AM 134 NW E St Insured: Laurie C Thornton Grants Pass, OR 97526-2010 PO Box 1618 (541) 471-7221 Jacksonville, OR 97530-1618 FAX: (866) 720-1876 gscott@farmersagent.com Vehicle Information Year Make Model VIN 2005 Honda Pilot 4D4WdEx-L 2HKYF18565H527302 Coverages Coverage Type Limit/Deductible Coverage Type Limit/Deductible Bodily Injury Liability $500,000 each person Towing and Road Service $150 each accident $500,000 each accident Uninsured Motorist Property Property Damage Liability $500,000 each accident Damage $20,000 each accident Personal Injury Protection $15,000 each person Uninsured Motorist Bodily $500,000 each person Comprehensive $100 Deductible Injury $500,000 each accident Collision $500 Deductible Other Covered Lienholders andAdditional Interests Additional Interest Loan Number City of Medford Not Applicable 411 W 8th St Medford, OR 97501-3105 This evidence is subject to all of the terms, conditions and limitations set forth in the policy and endorsements attached to it. It is furnished as a matter of information only and does not change, modify or extend the policy in any way. It supersedes all previously issued certificates. farmers.com 25-8976 9-13 Page 1 of 2 Evidence of Insurance/Lien holder Interest (continued) Loss payable provisions (Applicable only if Lienholder is named, and no other Automobile loss payable endorsement is attached to the policy) It is agreed that any payment for loss or damage to the vehicle The lienholder shall do whatever is necessary to secure such described in this policy shall be made on the following basis: rights. No subrogation shall impair the right of the lienholder to 1. At our option, loss or damage shall be paid as interest may recover the full amount of its claim. appear to the policyholder and the lienholder shown in the We reserve the right to cancel this policy at any time as provided Declarations, or by repair of the damaged vehicle. by its terms. In case of cancellation or lapse we will notify the 2. Any act or neglect of the policyholder or a person acting on lienholder at the address shown in the Declarations. We will give his behalf shall not void the coverage afforded to the the lienholder advance notice of not less than 10 days from the lienholder. effective date of such cancellation or lapse as respects his 3. Change in title or ownership of the vehicle, or error in its interest. Mailing notice to the loss payee is sufficient to effect description shall not void coverage afforded to the cancellation. lienholder. The following applies as respects any loss adjusted with the The policy does not cover conversion, embezzlement or mortgagee interest only: secretion of the vehicle by the policyholder or anyone acting in 1. Any deductible applicable to Comprehensive Coverage shall his behalf while in possession under a contract with the not exceed $250. lienholder. 2. Any deductible applicable to Collision Coverage shall not A payment may be made to the lienholder which we would not exceed $250. have been obligated to make except for these terms. In such event, we are entitled to all the rights of the Lienholder to the extent of such payment. -do 2/1/2016 Authorized Representative Date farmers.com 25-8976 9-13 Page 2 of 2 GREGORY D SCOTT 134 NW E ST GRANTS PASS, OR 97526 ev % FARMERS INSURANCE Personal Umbrella Policy Change Your Farmers Policy Policy Number: 60591-71-40 LAURIE C SAGER Effective: 3/20/2015 12.-01 AM 1624 LENORA DR Expiration: 3/1 2/201 6 12:01 AM MEDFORD OR 97504-6632 Your Farmers Agent Gregory D Scott 3/23/2015 134 NW E St Grants Pass, OR 97526 Dear Laurie C Sager, (541) 471-7221 Thank you for us the opportunity giving to serve your umbrella insurance needs. The accompanying declaration page reflects the requested change to your coverage. To file a claim call Asummary of your premium information is shown below. 1-800-435-7764 Premium at-a-glance Full-term Premium (excluding fees) $134.00 Prorated Premium (3/20/2015 - 3/12/2016) -$27.72 No-- Total for this Transaction _$27,72 This is not a bill. Your bill with the amount due will be mailed separately. If you have any questions or would like to learn more about our other insurance products and services, please contact me. We appreciate your business. Sincerely, Farmers Insurance Gregory D Scott (541) 471-7221 gscott@farmersagent.com farmers.com 25-8164 1-14 FARMERS Personal Umbrella Declaration Page INSURANCE Policy Number: 60591-71-40 Premiums (Item 1) Effective: 3/20/2015 12.-01 AM Full-term Premium (excluding fees) $134.00 Expiration: 3/1 2/201 6 12:011 AM Named Insured(s): Laurie C Sager Prorated Premium (3/20/2015 - 3/12/2016) -$27.72 1624 Lenora Dr Medford, OR 97504-6632 Total for this Transaction -$27.72 e-mail lauriesager@lauriesager.com Address(es): This is not a bill. Underwritten By: Farmers Insurance Exchange Your bill with the amount due will be mailed separately. 4680 Wilshire Boulevard Los Angeles, CA 90010 Rated Exposures (Item 2) Exposure Type Quantity Exposure Type Quantity Owner Occupied Residence 1 Motorized Vehicle 1 Power Boat 1 Schedule of Underlying Insurance (Item 3) You have told us you have underlying insurance policies with liability limits listed below. If the underlying policies terminate or the liability limits are less than shown below, in the event ofa covered loss we will only pay those damages we would have paid if the limits and policies were in place as scheduled. You must keep the coverages and limits below in effect to avoid gaps in your protection. Limit of Insurance Insurance Carrier Policy Number Coverage (in thousands of dollars) Farmers Insurance Company of 189301789 Auto Liability 500/500/500 Oregon Farmers Insurance Exchange 952862087 Homeowner 300 1624 Lenora Dr, Medford, OR 97504-6632 Foremost Insurance Company 0074299958 Watercraft 500 Limits (Item 4) Limit Limit Coverage Type (each occurrence) Coverage Type (each occurrence) General Liability $1,000,000 Uninsured/Underinsured Motorist Not Covered Retained Limit $250 Driver Information Name Driver Status Laurie C Sager Covered farmers.com Policy No. 60591-71-40 Questions? Manage your account: Call your agent Gregory D Scott at Go to www.farmers.com to access (541) 471-7221 or email your account any time! gscott@farmersagent.com 56-6178 1st Edition 4-14 3/23/2015 Page 1 oft Declaration Page (continued) Policy and Endorsements This section lists the policy form number and any applicable endorsements that makeup your insurance contract. Any endorsements that you have purchased to extend coverage on your policy area lso listed in the coverages section of this declarations document: 56-5277 3rd ed.; E01 17 1st ed.; E01 18 1 st ed.; J6876 1 st ed.; J6951 1st ed.; OR031 1st ed.; 25-8530 6-12 Other Information • Any outstanding credit will be applied to your remaining account balance. However, 'insured' can request an immediate refund for any outstanding credit if preferred. *Information on Additional Fees The "Fees" stated in the "Premium/Fees" box on the front apply on a per-policy, not an account basis. The following additional fees also apply: 1. Service Charge per installment (Inconsideration of our 2. Late Fee: $10.00 (applied per account) agreement to allow you to pay in installments): 3. Returned Payment Charge: $25.00 (applied per check, For Monthly Recurring Electronic Funds Transfer (EFT) electronic transaction, or other remittance which is not and fully enrolled online billing (paperless).- $0.00 honored by your financial institution for any reason including (applied per account) but not limited to insufficient funds or a closed account) For other Monthly EFT plans: $2.00 (applied per account) 4. Reinstatement Fee: $0.00 (applied per policy) For all other payment plans: $5.00 (applied per account) One or more of the fees or charges described above may be If this account is for more than one policy, changes in these fees deemed a part of premium under applicable state law. are not effective until the revised fee information is provided for each policy. Countersignature Authorized Representative farmers.com Policy No. 60591-71-40 Questions"? Manage youraccount: Call your agent Gregory D Scott at Go to www.farmers.com to access (541)471-7221 or email your account any time! gscott@farmersagent.com 56-6178 1st Edition 4-14 Page 2 of 2 T 2 Y { 1' D a ti y o C m m NOD r. = 0 O C fi N m M G) o CO) prn o z o m ; m Cil Q° cn to ~ m r0 C7 z O O ~ o t crnn o z ; y Cn o 0 ;a _ ~x1 z r, n o zZ z c r: n T 09 m 00 orn ~t z 0 Cl) co ;u m c O v CO Z A O O 0 z z X CO) m CO) CO m C ;o rn n c Page 1 l 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 2/10/2016 00541 (541) 488-5300 VENDOR: 002745 SHIP TO: LAURIE SAGER & ASSOCIATES LANDSCAPE ARCHITECTS INC. 700 MISTLETOE ROAD, SUITE 201 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Proiect Coordinator for Garfield Park 19,000.00 Per attached scope of work Contract for Personal Services Beqinninq date: February 9, 2016 Completion date: July 31, 2016 SUBTOTAL 19,000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 19, 000.00 Account Number Project Number Amount Account Number Project Number Amount E 411.12.00.00.70420 E000060.999 19,000.00 Autho ' " d Signature VENDOR COPY 7 L FORM #3 PS HG ks Q' RE~AEd' r! ,u st'zor a'~Iu chase rear REQUISITION Date of request: 2/2/16 Required date for delivery: 2/12/16 Vendor Name Laurie Sager and Associates Attn: Laurie Sager Address, City, State, Zip Contact Name & Telephone Number 700 MistlPtnP Rnad4tiitP 701, Ashland R A7520_ Fax Number TEL: 541-488-1446 FAX: 541-488-0636 a SOURCING METHOD I3I I ❑ Exempt from Competitive Bidding I~ fI - ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ~ ❑ Small Procurement Less than $5,000 ❑ Request for Proposal (Copies on file 4"- - it v, ❑ Direct Award Date approved by Council: ❑ Verbal/Written quote(s) or proposal(s) Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) "-Ck i $5,000 to $100,000 El Written quote or proposal attached ~'L~ ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $7 , PERSONAL SERVICES ❑ Special Procurement..-- - $5,000 to $75,000 ❑ Form #9, Request for Approval -9 Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Personal services for Garfield Park project including: coordination of survey work; design construction documents for bid package including site plan; construction details; planting $ 19,000.00 plan with irrigation retrofit; assembly of bid documents; coordination with Parks staff and outside vendors; plus additional bid assistance. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL ® Per attached quotelproposal COST $ 19,00.00 Project Number Account Number AccountNumber'~" 1%-rrC. bC 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: ItFl - (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. OYES / NO Z/ 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 A. Black, Director, Ashland Parks and Recreation Commission (AP Date: February 11, 2016 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.I20(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 APRC's intent is to hire Laurie Sager and Associates for the upcoming Garfield Park renovation project. Her landscape architectural work will include: coordination of survey work; designing and constructing documents for the bid packet, including site plan; construction details; developing in coordination with staff a planting plan with an irrigation retrofit; assembly of bid documents; coordination with Parks staff and outside vendors; and additional bid assistance as needed. Services will include the above work; no materials will be purchased by this contractor. The estimated cost and amount budgeted will not exceed $19,000. The timeline for the intended contract will span February 9, 2016, through July 31, 2016. The APRC has developed, and fully plans to implement, a written plan for utilizing such services, which is included in the contractual scope of work. 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? Laurie Sager and Associates has unique expertise associated with Garfield Park. She and her team are fully qualified to perform the duties outlined above within the specified timeframe. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 211112016