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HomeMy WebLinkAbout2016-030 Contract - Hardey Group Contract for PERSONAL SERVICES less than $35,000 i CITY OF CONSULTANT: Hardey Group, Inc. ASHLAND CONTACT: Jim Olson 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 1625, 2870 Nansen Drive Telephone: 5411488-6002 Medford, OR 97501 Fax: 5411488-5311 TELEPHONE: 541-772-6880 DATE AGREEMENT PREPARED: Februa 4 2016 Email: jolson@hea-inc.com BEGINNING DATE: February 4,2016 COMPLETION DATE: December 31, 2016 COMPENSATION: Not to Exceed $9,000.00 SERVICES TO BE PROVIDED: Development and completion of an RFP/QBS for the design of a 2.5 MGD Water Treatment Plant; Reference Exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said 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 I 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: I 1. Findings I Recitations. The findings and recitations set forth above are true and correct and are incorporated herein j 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 E 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. 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 ud ments, or other damages, directly, solely, and roximatel caused b the ne li ence of Cit . Contract for Personal Services, Revised 06/0212015, Page 1 of 5 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 i 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 i workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to i this contract. Consultant is a subject employer that will comply with ORS 656.017. i 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 a 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 l delegate duties under, the Contract. I 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: t $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to c cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. i C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: i I $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 L 1 000 000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for i I Contract for Personal Services, Revised 06/02/2015, Page 2 of 5 1 I 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. Nona ppropriations 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 i 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. onsultant: City of Ashland By By Signature Department Head Print Name 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 06/0212015, 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 yea r. (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. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/0212015, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING employers ALL described comply below must City of Ashland laws per hour effective June 30, 2015 I ow r (Increases annually everv June 30 by 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. r For all hours worked under a business from the City of service contract between their Ashland in excess of Y 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. y If their employer is the City of 1040 hours in any twelve- y 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.ash!and.0r.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -ASH LAN D Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 H^RDEY GRC7UP9 INC MPO Box 1 25 EDFORD, OR 97503 541.772.6880 E X HIBIT HARDEYGROLlP.COM PROPOSAL FOR PROFESSIONAL SERVICES CONTRACT FOR SERVICES January 15, 2016 Mr_ Scott A Fleury Engineering Services Manager City of Ashland 20 E Main Street Ashland, OR 97520 RE: Development of a Request for Qualifications Based Proposal For Design of a 2.5MGD Water Treatment Plant Dear Scott, Thank you for the opportunity to present this contract proposal for engineering services for the above referenced project. It is anticipated that the following scope of services will be applicable to the project: 1. Review and research all pertinent available documentation relating to the proposed water treatment plant, including but not limited to: a. 2012 Comprehensive Water Master Plan prepared by Carolio Engineering. b. Previously prepared studies and technical memos regarding the proposed water treatment plant. c. Oregon State requirements -for development of qualifications based proposals, DBE provisions and EEO requirements. d. Other similar proposed doct. ments. e. 2016 Comprehensive water elan drafts as they become available. 2. Attend approximately five (5) meeti= gs with City Staff, including the City Attorney, to discuss project parameters, issues and requirement's. 3. Prepare a draft proposal for review by City. 4. Revise the draft proposal and prepare a final proposal based upon City feedback. 5. Attend a pre-proposal meeting if rewired. 6. Participate in consultant selection process if required. It is estimated that the fees to provide the above services will be in the range of $8,000 - $9,000. MEDFORD I HOUSTON TRADITIONAL_ PRINCIPLES - MODERN APPROACH i i HARDEY GROUP, INC. STANDARD FEE SCHEDULE "D" & STANDARD CONTRACT PROVISIONS STANDARD FEE SCHEDULE The compensation of Hardey Group, Inc. for work done on the basis of salary cost times a factor, plus incurred expenses (which may be referred to as "time and materials" or "standard billing") will be the sum of all of the items set forth below: A. PERSONNEL SERVICES BILLING RATES Job Category Hourly Bi.ligg Rate Principal 155.00 Technician 111 59.93 - 95.48 Division Manager 104.88 -153.45 Technician 11 56.94 - 78.43 Project Manager 89.90 -136.40 Technician 1 41.95 - 68.20 Engineer 80.91-119.35 Clerical 29.97 - 68.20 Technician IV 74.92 -109.12 Overtime premium rates (overtime hours worked times the difference between overtime and straight-time pay rates,) will be charged if the Client's requirements make overtime work necessary. B. TRAVEL AND TRANSPORTATION EXPENSES a. Reimbursement for actual trave,' and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a service charge of 10%, unless excluded in contract. b. Fifty-six cents ($0.56) per mile for use of vehicles, unless excluded in contract. c. Eight dollars ($8.00) per hour for use of survey trucks, $25.00 per hour for GPS equipment, $50.00 per hour for RTK equipment, and $5.00 per hour for survey robotics. C. OUTSIDE SERVICES a. Invoice cost of services and expenses charged to Hardey Group, Inc. by outside consultants, professionals, or technical firms engaged in connection with the order, plus 15% overhead costs. D. MISCELLANEOUS EXPENSES a. The invoice cost of materials, supplies, reproduction work, and other services, including communication expenses, procured by Hardey Group, Inc. from outside sources, plus a service charge of 10%. AI I out-of-pocket expenses not included in Items A, B, and C will be included in this category. i Revised 8/26/2015 ACC) 0 DATE CERTIFICATE OF LIABILITY INSURANCE M/DD/YYY10 Fi/29/2016 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 CERTIFICA E 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 NAME: Protectors Insurance, LLC PHONE FAX P.O. Box 4669 41C_ 1-77 - 5 A/c No):541-772-1906 E-MAIL Medford OR 97504 ADDREss:kendalIpCd-)protectorsins.com INSURERS AFFORDING COVERAGE NAIC # INSURER A:Ohio Security Insurance 24082. INSURED HARDE-1 -INSURERB:Ohio Casualty Insurance 24074 Hardey Group Inc INSURER C:SAI F Corporation 524113 PO Box 1625 INSURER D:CNA Continental Casualty Medford OR 97501-0124 INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER:: 216127744 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDrfrM (MMIDDIYYYY) LIMITS A GENERAL LIABILITY BZS555694,89 5/12/2015 5/12/2016 EACH OCCURRENCE $1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS-MADE 1~7 OCCUR MED EXP (Any one person) $15,000 PERSONAL a ADV INJURY $ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ JFCj X POLICY PRO LOC $ A AUTOMOBILE LIABILITY BAS55569489 5/1212015 5/12/2016 LIMIT COMBINED SINGLE Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ $ B UMBRELLA LIAB X OCCUR US055569489 5/12/2015 5/12/2016 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ C WORKERS COMPENSATION 943247 7/1/2015 7/1/2016 WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ; I TO LIMITS FR_ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 D Professional AEA113806363 1/20/2016 1120/2017 aggregate 2,000,000 per claim 2,000,000 deductible 15,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Ashland Oregon and its elected officials, offices and employees as considered Additional Insureds per the attached policy forms CA8810(0110) and BP7996(0609): CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main St Ashland OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD BUSNIE560WNEIt$ BP 7< 90 08 O9 Section II - UAblilty Is atnortdod asfojbws: 1. SUPPLEMENTARY PAYMENTS TMS INDORSEMENT CIUUJOES THE POLICY. PLEASE READ IT CAREFULLY. Paragraph Qt)(b) of A Coverages Is replaced by the following: (b) Up to :9000 for cost of bell bond required because of accidents of traffic law violations arising out of BUSINESS0W NERS LIABILITY EXTENSION ENDORSEMENT the we of atty vshkta to which eueLmis Liability Coverage for'badly iryury' appilos. We do not have to furnish the bonds. This endorsement ma-Mos Insurance provided under the following: Paragraph 11(1)(d) of ACovsragts b raptured by the folfowlAW BUS0IESS0WNERS COVERAGE FORM {d) An rusoaabie expenses incurred by the Insured at our request to ASSISI us In the Investigation or defense of the claim or "ail', Including actual loss of earnings up to $500 a day because of data off from work SUBJECT PMSE IL BROADENED COVERAGE FORDA1dAGET0PIIWISESRENTED TOYOU With rsspecto the coverage provided under thlo andarsemant, Saeon R. Uablfity Is amended as follows: AGGREGATE LIMITS OF INSURANCE 9 1. The final paragraph of L1. Exclusions , Applicable To Business Lfablllty Coversge is deleted and replaced try the following: AMENDMENT OF INSURED CONTRACT DEFINITION 4 Wide respect to the premises which are ranted to you or lemporeAy occupied by you with the permis- alon of the owner, Fxch dons c, d. a. IS., h.. k. L, m. n and o, do not apply to *property damagi . SAILBONOS I L Paragraph D.2. Usblllly And Med'.cal Expenses I.Wis Of Insurance Is deleted and replaced by the fWaWing: BLANKETADOfT10NAL INSURED (0WN=,C0NTRACT0R$ OR LESSORS) 2 The most we will pay under this endorsement for the sum of all damages because of all 'property damage' to premises wifille rented to you or temporarily occupied by you with the permission of the BODILY INJURY 3 ownarts the Lsmit of Inswince shown India Declarotlon, 3. Paragraph VA.UsbMRyAndMedlcalExpenses UmltsOfInsurance IsWeled. BROADENED COVERAGE FORDAMAGETOPREMISES RENTEOTOyOU I III. INCIDENTAL MEDICAL MALPRACnCE Exchulon 14.14) does not apply to locldenal Medical Malpractka Injuryeovers9s. DUTIES IN THE EVENTOF 0=111RENCE, 0FFj:NSE, CIAfM OR SUIT 9 The folbwirg is added to F. LIADILITYAND MEDICAL WENSES DERNITIONSINCIDENTAL MEDICAL 16 AUWCTiCE 2 23. 'incidental Medical Malpractice Injury' means bodily injury sitting out or the tendering of or failure to redder, during the policy period, the following services: LOSSOF EARNINGS I a. mtdlu4 turgla4 deMa4 x-ray or nursing sonelce cr treatment or the furnishing of food or bov- orages Ineonnaedon therewith, or MOSILEEGUIPMENT 2 b. d»fumishin9ordspentlrgafdrgsormWci%denalorsuglralsuppliesorappliances. This coverage does notapply lo: NEWLYFORMED0RACOUIREOORGANPI1THNiS 2 1. expenses Incurred by thelnswfdforfirst- aidtoothersatthelimaaranaaldentandtheDallasIn the Event olOceurnnn, Claimer Suit Condition Is sma ndad Accordingly; 3 2. any Inwred engaged In the business or eceupadon or providiN any of the se+vkea described PERSONAL ANDADVERTISING INJURY unders.encib.above; SUPPLEMENTARY PAYMENTS 2 9. Injury caused by arry InderrtnRee if such Indemr4tea Is engaged In the business or occupation of proyldhtg any of the Serykea doscn'bed undar a, and Is. above. N. MMLEEOUIPMENT 1. SectlonC.WhoIsAnInsured Isamended toincludeanyperson dn%*v"moblteequipment' with Vow permission. V. BLANKET ADDITIONAL INSURED (OWNERS, CONTRACTORS OR LESSOR.9 1. Section C.1Vho Is An Insured Is amended to include ss an Insured any person or organastion whom you are roqulred to name as an ad Vol al Insured on this poky under a written contract or written agreement. The wrlden contract or ogrewwrit must be: a. currently lneffect orbecoming effective during Draarmolthla pdisy;and b. executed prior to the 'bodlyInjuty,'properiydsmage','parsonelAnd a6wils?ngInjury. ei70Q0 Ulertr PAW W%as ss Compxgn Aarlew reserve4. BP 799013 09 hddstroaldoMsdetlsrlalollwraenlSvea[Or6a,6r6.Mabpnshsla, a2treMasavsr Irraroos eom~ser•MrgNr nrwsl page 1Will BP 70660609 F,d6aatsoW4htaams:whrdSvmsnasuvrn.orseat+o..thupermrsun Pa9s2of4 2. ThelnaursnuProvided theaddtdonalInsured Islimited aafollows: VIR,DUT1r-S INTREEVENT OF0CCURRENCE,0FFENSE,CLAIM OR&tR a. ThoporeonororgAnaatioalconiyanadditional Insured with raapedtorisb0ityarising ouior I. The requirement InEUabllitykndMedical Expenses Gantlet Cond:Uonaparagraph 2.a.that youmust (i) Real properly, es doearlbad M a written eonbaetorwrinan agcesmwnL you own tart, least, see to It that wt ace notified of on -occurrence- or offense which may result In a claim appifes only rrulntalnecoccupy; when the "occurrence" is known m any insured Dated In Paragraph C.L. Who Is An Insured or any 'employee' authorized by you to give or receive notice area •arurnancs' or claim. The Caused Mwhurance part ab"our ongoing ble to the additional In s pafor those specified In ths 2 The requirements in E Liability And N-sdlul Expenses General Cond;tbns paragraph 2b-that you a- must sea to It that we receive notice of a claim er'suit' will not be consl&red treoched unless the b. on IknRs of i applicable diseat are thou ApseMed In he Declare- written contract or writluars ana ageemant or the ONmia aade ririable ntabla tinder this policy, es atAted in ih breach occurs after such claim or'cult" is hunown to any Insured listed urderParagraph C.I. Whets An tons, wbkhavor ue lase. Trams limits are UdusWe of andacitln addition to the Ihnits of insurance Insured or any 'employee' authortrsd byyou to give or rect?" notice of an 'oecurrar"' or claim available andarthlspollry. 0t. BODILYLWURY c Thehvunnmprovided thaadditional lnsuretdoasnotappiyto: Paragraph 3.ofF.UablityAnd.Yedlcall ExpenessDo"onalareplaced bythefollowing: (1) IJablgryaridngoutoll"Wenegtlgenoooftheadditional lnrured; 3. "Bodily InJVrY^MQ1n3t `Boft Injury', 'property damaga', "personal and advertising Injury"; or defense: overage Bodily Injury, sic kness, dseaes, or inccidental medial rrralprsttira Injury Sutulrxd lays paraorL under the Supptementary Paynwnu sectors of the policy arising out of an architr:t'q ern- odit ury nnddsgLom any of idanttunydma. glnsohe or svrvayol'a rendering of or failure to Tender any professional services Ww..Ing: (a) The preparing, approval, or falllno to prepare or approve trout, shop dravelm a, upin- ;L P-MF IDMENT0FINSUREO CONTRACTDEnWFION lots, repoilt, survays, field orders, Mange orders, ordrawingt and sped0estons, end Paragraph 9. of P. Uablllty And Medical Expensas Dannlllons is replaced by tra following: (b) Svpervlsory,Inapuctlon,ueNucturolorerglnserinpar:Uvitos. S. 'Insured contract' means: (3) PAY'occurrenoe' that takes platy after you cease to be a tenant In the premleas desc:rlbed in s. A contract for A 10111 of promises. However, that portion of the contract for a lease of premises the Decimations; or that indemnrnsa any person ar organlaton for damage by fire to premises while rented to you or (4) Stsuctunl situations, new construction or demolition operations performed by a for the temporarily occupied by youwithpermfalontithe owrerlanotan'Insured contract'; person cc organization designated In the Declarations. Is. Asldeliacks9roamoni; 3. Any coverage provided horeundershall be excess over any other wild and collectiblelasurarre eye[)- c. Any easement or license agreement, except In connection with consovcton or deroD110on oper. able to the additional Insured whether primary, excess, contingent or on any other baals unless a *Ilona an "within 60feelof s railroad; contract apeclRa9y requires that this Insurance ba primary, or you request %her It apply an i primary it An obligation, at required by ordirnnca, to Indemnify a munlclpalhy, eacpt In corinecdon wlth basis. work for a municipality; VI. FIEWLY FORMED OR ACOUIRED ORGANIZATIONS a. Anelevatormalnanoncea9reemenl; The following Is added to C. Who IsAn Insured: f. That port of any other contract or sgcaemmt petalning to your business {including an Indem- S. Any business entity acquired by you or Incorporated or orgarsed by you under the laws of any nlRcadonofa municipality In connection with workperformadfare murlklpabty)under wbkhyou I"Adual sate of the United Sates of Amens over which you malnuln rnajertty ownership, Interest assume tha tort RabBiry of anoder party to pay for "bolt Injury' or "properly damage' to a third exceeding ffiy percent. Such acquired or nowty formed orgWrotlon will qualify @ is Named k'aured H person or orgarttradon, piovfded the "Wily Injury" or •property damage' bs caused, In whole or there Is no similar Insurance avallableto thatendty.Howayer, In part by you or by those acting on your behalf. Tort liability means a tlablilty that would be a. Coverage scndarthaprovisonIs affordodordyuntil thelBOthdayaRartheentttywasacquired or Imposed bylawintheabsenceofanycontractor egreemeM Incorporated or organised by you or the end a the policy petted. whiNrwn U esllkr, Parogrsph f. does not Include thal part treat, contractoragreement: 4 CoveragesAPengropht.BuslnessLlablllty,doeanotapplylo: (1) That indemnRlesaranroadfor `bodrlyInjury"or "property damage" wisingoutof consUUc- (1) "Bodily h,fury ar'aopemaamage- that occurred before the entity was acquired or Incur- donor darrolitlonoperelbro,within 60feetotanyraRroadProperty ardellecdnganyagroad bridge cr trasUe, tracks, road-beds, tunnel, underpass or crossing; pentadororganbeadbyyou; and (2) 'Personal and advortlatrg Injury setting out of an offense committed before the snlGty was (2) That Indemeifiasan architect, anglneer or surveyor lorlnjuryardsmage, a king out of; acqutred or Incorporated ccorganizedby you; and (a) Preparing, approdrg, or felling to prepare or approve, maps, shop duwin t, opWons, o Records and descriptions ofoperstonsmust be maintained by the first Named Insured. reports, surveys, aatdorders, change artiste or Maingtand sp&0fiadoro;or No person orotuenhation Is an Insured with respect to the conduct of sty mment or past pan wrahlp, (b) Giving directions or IntUUCtions, or fallktp to gtyo them, If that is tiro ptlmary ceuso of the joint venture or limited liability company that Is not shown at a Named [named in the Dederdam3. Injury or damage; or VIL AGGREGATELIMRS (3) Underwhkh tho Insured, tf an archltect engineer oreufyeyor, assumes lablity for an Injury The MWWVg fs added to Aggregate Limits Paragraph 4, of D. Liability and Medial Expanses timttt of or damage arising out of the in3urt6s rendering or failure to render profonional Services. Including those rated In (T) above and supervisory, inspeclloN onrMtecural or engineering Instsartoe: admtIn. ThsAggragatallmiasppiyseparatelyto each of"IocaUone'owned byortantedtoyouortemporarlly X). PERSONAL ANDADVERTISMINJURY oceupled by you with the permission tithe owner. Paragraph 14.0. of F. Usbllity And Medical Expense a Definitions is replaced by the following: The AggrogetaLimits also apply separately to each of your projects away from pramisesowL.4 by or b. 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C m $ O 3 Rl m a c~ 1 1 m 3 2• ° a a gad ~ m c a a ao a an _ 0° v v 3 " m W ° $ 3 z 'ao y D .p 2y -t m a m ° 30 a S n~ ~g O y g O CL C ° A b $ a O o a Q d 5 g On CD ~m x ~ L Q y a m ~ w n >b m ,2 S .g ° 3 c a U3 C"o n~ ° r ? o b g°-' 0 OD ~i 3 a o n m C W Z m _x o a Z o" m o Ng ~o D m ~g g n f o c 583 O S n~ °m $3agZ m ~ a.6c~ g D 8 ~ z c o;~~ m> 3 co, o A CL 1 1 ~z ~ S A o CD W s co a pp a m P; m a' Q ~p w Ila- $ ~ s o- ~ $ v 03 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. ~ 2/3/2016 13353 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 001718 SHIP TO: Ashland Public Works HARDEY GROUP, INC (541) 488-5587 PO BOX 1625 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. N x: Terms: Net Dept.: Req. Del. Date: Contatt: Morgan Warman Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Develop Request for Qualifications for 9,000.00 the desiqn of the 2.5 MGD Water Treatment Plant Contract for Goods and Services Beginninq date: January 26, 2016 Completion date: December 31, 2016 r SUBTOTAL 9,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 9, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account .dumber Project Number Amount E 670.08.19.00.70420 E 201531.999 9,000.00 z Authoxized Signku/m VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 2/1/2016 Required date for delivery: ASAP Vendor Name Hardey Group, Inc. Address, City, State, Zip PO Box 1625, 2870 Nansen Drive, Medford, OR 97501 Contact Name & Telephone Number Jim Olson: 541-772-6880 Email jolson@hea-inc.com 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 # F1 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 ❑ Form #9, Request for Approval ❑ Agency ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Development and completion of and RFP/QBS for the design of a 2.5 MGD Water Treatment $9,000.00 Plant. See attached Proposal) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal $ Project Number: 2015-31 Account Number: 670.08.19.00.704200 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. By signing this requisition form, I certify tha City's public contracting requirements have been satisfied. Employee: 7'~oC~ Department Head: ~z- (Equal to or greater than $5,000) Department ManagerlSupervisor: ~ City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition CITY OF ^ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mike Faught, Director of Public Works Date: February 8, 2016 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to hire Hardey Group, Inc. to perform professional services relative to the planned Water Treatment Plant and Crowson 11 Reservoir, - ASAP. This consultant is needed to develop and complete a comprehensive RFP/QBS for the design of a 2.5 MGD Water Treatment Plant including a new Crowson II Reservoir. The estimated cost and amount budgeted is $9,000.00 The timeline of the intended contract will be; February 2016 thru December 2016. The final RFP developed by 11ardey and approved by Engineering ivill be used to solicit engineering I irtrrs at the public level to design a netiv hater treatment plant and storage reservoir(tank). Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland Errgineerin(, Division does not have the adegttute stafftitrte or al)prol)riate resources to proi,ide the scope ofservicc contetrtplated tinder this contract. In addition, no other Deparmic t in the C_'ity has the resources or technical knolt'leclt;e to complete the lvork associated with this personal servicc.s' contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/812016