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HomeMy WebLinkAbout2016-169 Contract - URS Energy & Construction Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: URS Energy & Construction, Inc. -AS H LAND CONTACT: Steve Samuelson 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1111 3rd, Suite , Seattle WA, Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 206.438.2054 DATE AGREEMENT PREPARED: May 16,2016 FAX: 425.451.4980 BEGINNING DATE: June 17,2016 COMPLETION DATE: June 30, 2017 COMPENSATION: Time and Materials not to exceed (NTE) $30,000 SERVICES TO BE PROVIDED: Hosler Dam safety flexible support services per attached Exhibit C ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. Contract for Personal Services, Revised 6/3/2016, Page 1 of 6 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from third party claims for injury to any person (including injury resulting in death), or third party claims for damage (including loss or destruction) to physical property, to the proportionate extent caused by the Consultant's negligence in the performance of this contract of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, 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. Contract for Personal Services, Revised 6/3/2016, Page 2 of 6 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than enter one: $200,000, $500,000, $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. Severability. If any part, term or clause of this Agreement is held by a court or arbitrator to be unenforceable, of no effect or in conflict with any law, the validity of the remaining provisions and clauses shall not be affected and the rights and obligations of the parties shall be construed and in force as if the Agreement did not contain the particular part, term or clause held to be unenforceable. 17. 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. Contract for Personal Services, Revised 6/3/2016, Page 3 of 6 18. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. 19. Force Majeure. Any delay or failure of Contractor in performing its obligations under the contract shall be excused if and to the extent such delay or failure results from any cause beyond the reasonable control of Contractor, and Contractor's time of performance will be equitably adjusted to cover the effect thereof. 20. Warranty: a. Contractor warrants that the work will be performed in accordance with that degree of care and skill ordinarily exercised by members of the engineering profession applicable to similar work under similar circumstances. This warranty is exclusive and in lieu of any and all other warranties relating to the work whether statutory, express or implied and Contractor disclaims any such other warranties, and/or fitness for a particular purpose and any and all warranties arising from course of dealing and/or usage of trade. Any other statements of fact or descriptions expressed in the contract shall not be deemed to constitute a warrant of the work or any part thereof. b. Contractor may rely upon and use in the performance of the work information supplied to it by Owner without independent verification, and Contractor shall not be responsible for defects in the work attributable to its reliance upon or use of such information; provided, that in the event Contractor discovers an error, omission, defect or deficiency in such information, Contractor shall notify City thereof and shall not proceed with the affected work except as directed by City. 21. Risk Allocation. Notwithstanding any other provision to the contrary in this Agreement and to the fullest extent permitted by law, neither Owner nor Consultant shall be liable, whether based on contract, tort, strict liability, warranty, indemnity, or any other cause Whatsoever, for any consequential, special, incidental, indirect, punitive or exemplary damages, or damages arising from or in connection with loss of power, loss of use, loss of revenue or profit (actual or anticipated), loss by reason of shutdown or nonoperation, increased cost of construction, cost of capital, cost of replacement power or customer claims; provided, however, that (1) the limitation of liability shall not apply with respect to Owner's indemnity and save harmless obligations to Consultant, and shall not affect Owner's obligation to pay Consultant as required under this Agreement and (2) Consultant shall be liable for up to the total amount of the contract in the event Consultant erroneously determines, due to breach of the standard of care set forth in paragraph 19,a above, that some or all of the reservoir cannot be used and the City loses full or partial use of the reservoir as a direct result of such erroneous determination. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashland B-''~/.~'.i w+~ By Y -tea ~ Signature Depart nt 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. 4~PR ED AS TO FORM Ashlaillt Asst ZZ ttornoy Dat Contract for Personal Services, Revised 6/312016, 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: 'f O 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. V (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 1!" `r 1 1J Contractor (Date) Contract for Personal Services, Revised 6/3/2016, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ash land WA E • - • some per hour effective June 30, 2014 (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 assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ _ _ r employer and the City of Ashland if the contract $20,142.20. exceeds $20,142.20 or more. ➢ If their employer is the City of Ashland including the Parks ➢ For all hours worked in a and Recreation Department. month if the employee spends 50% or more of the ➢ In calculating the living wage, employee's time in that month employers may add the value.', working on a project or of health care, retirement, additional For 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 a. 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 6/3/2016, Page 6 of 6 ACOM AECOM 206 438 2700 tel 1111 3'd Avenue 866 495 5288 fax Suite 1600 Seattle, Wa 98101 www.aecom.com June 2, 2016 Mr. Pieter Smeenk, P.E., S.E. City of Ashland Public Works Engineering Division 20 East Main Street Ashland, OR 97520 Dear Mr. Smeenk: SUBJECT: Reeder Gulch Project No. 1107-OR Proposal for Services - Hosler Dam Safety Services EXHIBIT C Please refer to our March 31, 2016 proposal for services. As you know, we have had discussions since then about the advisability of having a site-specific probable maximum precipitation (PMP) completed (by another company) to provide the best input into our pending Probable Maximum Flood (PMF) study. As this is a significant cost to the City, we have since mutually decided to perform a sensitivity study with our existing arch dam model to assumed inflows in order to examine the sensitivity of concrete shear stresses to inflow. If conclusions about arch dam performance are not sensitive to the inflow, then the site-specific PMP study would be an extraneous cost to the City. The arch dam study will be focused solely on shear stresses in the critical location identified by our 2012 analyses and is intended solely as a basis for deciding the question of the site-specific PMP study. Since it is not a comprehensive evaluation of the dam, it is our preference that this should not be forwarded to the FERC, as this could lead to premature questions. A comprehensive arch dam re-analysis for the new PMF loading condition is recommended for after completion and FERC acceptance of the new PMF study. Per your May 16 email, we have developed this Exhibit C to describe the scope of services covered by a $30,000 personal services contract, which the City can readily approve. The following services are included in this scope: 1. Arch dam parametric study of inflow versus concrete shear stress 2. STI Update for present FERC comments 3. Sunny day dam breach extension, to verify inundation boundaries estimated by the City 4. Teleconferences with the City and others, as necessary (potentially including Applied Weather Associates, who would do the PMP study and the FERC for any schedule or other scope issues) 5. Project management City of Ashland Dam Safety Services for Hosler Dam June 2, 2016 All deliverables will be submitted electronically, in pdf and Microsoft word formats. No shipping, travel or other direct costs are required for completion of this scope of work. Deliverables include brief letter-format technical memoranda for items 1 and 3, and revisions to your present STI Document for item 2. One draft for each deliverable will be submitted for City review and comment, followed by the final version, with deliverables 2 and 3 intended for FERC submittal. Charges associated with these services will be according to the rates of Table 1, with a not-to-exceed limit of $30,000. The majority of the work will be completed by Messrs. Samuelson and Shaffer, with peer-review by senior staff, and administrative support provided by Ms. Singal. Table 1 Billing Rates Pavone, M. Operations Manager $ 288.26 Benson, S.A. Consulting Engr III 248.11 Goodin, S.W. Consulting Engr II 203.51 Samuelson, S.A. Consulting Engr II 189.55 Shaffer, W.H. Sup. Discpl Engr IV 168.02 Witek, B.M. Consulting Engr 1 160.77 Howard, J.R. Engineer IV 128.14 Vejano, H.D. Engineer III 111.89 Singal, E. Doc / Info Res Spec 70.85 Once this scope is complete and a decision is made on the site-specific PMP study, we will submit a revised proposal for the balance of services, as described in our March 31, 2016 proposal. CLOSING We appreciate the opportunity to be of service to the City of Ashland. If you have any questions or comments, please contact us. Sincerely, Steve Samuelson, P.E. Project Manager and 2013 Independent Consultant ATTACHMENTS CC: M. Pavone S. Benson AXOM Rev. A Page 2 of 2 AC R ® DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 0 5127/2 0 1 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk & Insurance Services NAME. PHONE FAX CA License #0437153 WC. NQ. Ext): I A/c No : 777 South Figueroa Street E-MAIL S: ADDRES Los Angeles, CA 90017 Attn: LosAngeles.CertRequest@Marsh.Com INSURER(S) AFFORDING COVERAGE NAIC tt 06510 -AECOM-15-16 Seattl GLALP 12 2020 INSURER A : Zurich American Insurance Company 16535 INSURED INSURER B : NIA NIA AECOM URS Corporation INSURER C : Illinois Union Insurance Co 27960 15014th Avenue, Suite 1400 INSURER D : Seattle, WA 98101 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: LOS-001872785-01 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 SUB POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY GLO 5965891 07 04/01/2015 04/01/2016 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE F] OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICYF7JECT LOC PRODUCTS -COMP/OP AGG $ 2,000,000 X OTHER: $ A AUTOMOBILE LIABILITY BAP 5965893 07 04/0112015 04/0112016 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANYAUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C ARCHITECTS & ENG. EON G21654693 10/0812014 0410112016 Per Claim/Agg 2,000,000 PROFESSIONAL LIAB. "'"CLAIMS MADE""' Defense Included DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Hosler Left Abutment Erodibility Study; The City of Ashland, Oregon is named as additional insured for GL & AL coverages, but only as respects work performed by or on behalf of the named insured. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to the GL & AL coverages. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention: Pieter Smeenk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE of Marsh Risk: Insurance Services David Denihan @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 1 ® DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 1/1/2016 5/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC NAME: 19800 MacArthur Blvd., Suite 1250 PHONE FAX A/C No): CA License OF 15767 E-MAIL Irvine 92612 ADDRESS: 949-25214400 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Insurance Company of the State of PA 19429 INSURED AECOM INSURER B : 1389302 17RS Energy & Construction, Inc. INSURER C : 1501 4th Ave, Ste. 1400 INSURER D : Seattle WA 98101-3655 INSURER E : INSURER F : COVERAGES AECTE01 CERTIFICATE NUMBER: 13502646 REVISION NUMBER: XX)CKX 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 ADD SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY NOT APPLICABLE EACH OCCURRENCE DAMAGE CLAIMS-MADE ❑OCCUR PREM SESO(Ea RENTED $ XX'DCXD~x MED EXP An one person) $ 22 u= PERSONAL &ADV INJURY $ XXXX X GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ LOC PRODUCTS - COMP/OP AGG $ POLICY F-1 PECOT- OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE COMBINED IN LE LIMIT $ (Ea accident) )C)C) ANY AUTO BODILY INJURY (Per person) $ )CX)C)C ALL OWNED SCHEDULED BODILY INJURY Per accident S XXX)= AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ XXxxx~ HIRED AUTOS I I I r AUTOS Per nccident) $ '000= UMBRELLA LIAR OCCUR NOT APPLICABLE EACH OCCURRENCE $ )DOD= EXCESS LIAR CLAIMS-MADE AGGREGATE $ =cx)cx DED RETENTION $ $ UIH- WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY YIN N SEE ATTACHED ACORD 101 1/1/2015 1/1/2016 X STATUTE ER 000 ANY PROPRIErORIPARTNERIECECUT IVE N/A E.L. EACH ACCIDENT t$21000,000 OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) E.L. DISEASE - EA EMPLOYE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Notice of Cancellation applies per attached endorsement Re: Hosler Left Abutment Erodilibility Study. CERTIFICATE HOLDER CANCELLATION See Attachments 13502646 City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Pieter Smeenk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORl7_ED REP ©1 88-201 AC D CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD JL Purchase Order FWAa Fiscal Year 2017 Page: 1 of: 1 ME H M-- HOME- B City of Ashland L 20 E. Main Purchase L Ashland, OR 97520 Order # T O Delivery must be made within doors of specified destination. V S E URS ENERGY & CONSTRUCTION, INC H C/O Engineering Division N PO BOX 116318 I p ATLANTA, GA 30368-6318 P 51 Winburn Way O Ashland, OR 97520 R p amp w_ - e~ a rfr` ME M:t EN E--=] 425 451-4500 PIETER SMEENL __tsfffims-= 07/07/2016 972 FOB ASHLAND OR Cit Accounts Pa able Offie NMI - (()]1711 TIME AND MATERIALS, NTE The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 TIME AND MATERIALS, NTE 1.0 $30,000.00 $30,000.00 GL Account: $30,000.00 GL SUMMARY 111500 - 602400 $30,000.00 By: Authorized ignature By:%~' 30 000.00 Authorized Signature -a-~_ $ a ig tw a FORM #3 CITY OF ASHLAND -1 4 k, 'R Z t. i REQUISITION Date of request: 6/14/16 Required date for delivery: 6/28/16 Vendor Name AECOM dba URS Address, City, State, Zip 1111 3rd Ave, Suite 1600 Contact Name & Telephone Number Steve Samuelson 206-438-2054, 866-495-5288 Fax Number 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 Date approved by Council: ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ 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 1WE 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) 0 Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Time and materials, NTE $30,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST FEll Per attached quote/proposal Project Number 2015 29 _ Account Number670 - 08. 38-00-604100 (50%) Account Number _ _ _ Account Number 690 .11 .15.00 .602400 (50%) *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 tti` n form,~ify that the City's public contracting requirements have been satisfied., 1ao By signing this req ' ® a`t i - ; ptoyee: Department Head: Employee: Department Head: (E qual to or gre ter than $5,000) Department ManagerlSupervisorx City Administrator: (Equal to or greater than $25,070) Funds appropriated for current fiscal year i1AN0 Finance Director- (Equal to or gr ter than $5, 00o) 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: Michael R. Faught-Director of Public Works Date: -June 20, 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 575,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works intends to contract lvith the private conszthant Steve Samuelson of AEC011,lbr project nninber 2015-03. The scope of services requires high level structitral and geotechnical engineering knotivledge normally available f-om only a small pool oftery specialized darn conszdtants. The preferred considtant has been pre-approved by the FERC for a recent FERC regi1ired shady, and is veiw familicir frith the condilions and regitireivents of oitr particzd(ir darn. The services are expected to be provided in 1;')'201Sand FI"2016 ivith a not to exceed bitdget atnoztnt of 550,381. 50% of the services are to be paid oztt of the Electric Supply Bi,idget, and 50% are to be paid ottt of the Water supply budget. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City ofAshland Engineering Division does not have the adegztate stuff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the Cily has the resources or technical knoivledge to coinplele the ivork associated wilh this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 6/20/2016