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HomeMy WebLinkAbout2016-234 Contract - Keller Associates Contract for Personal Services less than $35,000.00 CITY OF CONSULTANT: Keller Associates, Inc. -A5 H LAND CONTACT: Darrel Evensen 20 East Main Street Ashland, Oregon 97520 ADDRESS: 735 Sunrise Avenue, Roseville Ca 95661 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 530.400.4594 DATE AGREEMENT PREPARED: 08/04/2016 EMAIL: devensen a[~Kellerassociates.com BEGINNING DATE: 08/04/2016 COMPLETION DATE: 06/30/2017 COMPENSATION: See exhibit C; not to exceed $30,000.00 SERVICES TO BE PROVIDED: Miscellaneous engineering support services for the City of Ashland Wastewater Treatment Plant. Services generally to include engineering analysis of treatment train processes, permitting and water quality testing. Keller Associates to develop a subtask for each miscellaneous service requested by the City. City to approve each subtask individually on a lump sum or not to exceed time and materials basis. Exhibit C-Keller Associates rate sheet. 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 prima 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 $20,283.20 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 indemnify and save City, its officers, employees and agents harmless from losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature to the extent the harm caused arises out of or is incident to the negligent acts, or errors or omissions in performance Contract for Personal Services less than $35,000.00, Page 1 of 5 of this contract by Consultant (including but not limited to, Consultants' 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. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional i bilit insurance with a combined single limit, or the equivalent, of not less than Enter one: $250,000, $500,000, (1,000,00),$2,000,000 or Not Applicable for each claim, incident or occurrence. This is to ~g cover damages caused y error, omission or negligent acts related to the professional services to be provided under this contract. Contract for Personal Services less than $35,000.00, Page 2 of 5 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 TA Damage. -6 d. Automobile Li bilit ' surance with a combined single limit, or the equivalent, of not less than Enter one: $100,000, $500,000, $1,000,000 or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, ired 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, excluding Professional Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. onsultant: City of Ashland By By Signature Department H d 4 C,A- :TRmCS bLEpSo Ll % u~l~/3 G Print Name p Print Name ~fl~Nt~PAc L d / Z 6jZOl~ 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 less than $35,000.00, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services less than $35,000.00, Page 4 of 5 • 1 • • EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) IF` . - . - . , 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, A 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 $20,283.20, include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ' If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more Y 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, For4dditio''O:al 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. C I TY ® F ASHLANYD'- Contract for Personal Services less than $35,000.00, Page 5 of 5 Exhibit C KELLER ASSOCIATES, Inc. 2416 TITLE CODE BILLING RATES 2016 Personnel Classification Hourly Rate Project Engineer - I (El) $75.00 - $100.00 Project Manager - I (PE) $110.00 - $145.00 Project Engineer - 11 (PE) $110.00 - $170.00 Project Manager - II (PE) $160.00 - $180.00 CAD -1 $70.00 - $95.00 CAD - II $105.00 - $140.00 Engineering Student $6100 Principal (PE) $210.00 Chief Engineer[Structural Engineer (PE, SE, PLS) $210.00 i Structural Engineer - I (PE, SE) $145.00 Electrical Engineer - I (PE) $140.00 Professional Surveyor (PLS) $115.00 - $140.00 I Surveyor $65.00 - $85.00 Field Representative $70.00 $110.00 Clerical & Administration $60.00 - $80.00 Other Billing Terms Mileage: Billed at Federal Rate (currently $0.54 per mile) Per Diem: $50.00 per day Reimbursable Expenses at Cost x 1.05 The Title Code Billing Rates are effective January 1, 2016 and will be adjusted each January of subsequent years. New employees may be added throughout the year. i I~ CONFIDENTIAL i KELLE-4 OP ID: NW A~O~RO DATE (MM/DD/YwY) CERTIFICATE OF LIABILITY INSURANCE 08108/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jeremy Kroll The Hartwell Corporation -Cal PHONE 208-459-1678 (A/c, No): 208-454-1114 PO Box 400 AIC No Extl• - E-MAIL Caldwell, ID 83606 ADDRESS: - - Jeremy Kroll INSURER(S) AFFORDING COVERAGE NAIC # _ INSURER A : Travelers Indemnity Co 25666 INSURED Keller Associates, Inc. INSURER B : Travelers Indemnity of CT 25682 131 SW 5th Ave, Ste A INSURER C : Travelers Casualty and Surety 31194 Meridian, ID 83642 INSURER D : XL Specialty Insurance Co. 37885 INSURER E : - INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ❑ 6807877L118 2/01/2015 12/01/2016 DAMAGE TO RENTED 1 000,000 CLAIMS-MADE OCCUR X 1 PREMISES Ea occurrence $ X CGD381 MED EXP (Any one person) $ 10,000 CGD379 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY ~ JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY Ea OM LIMIT $ 1,000,000 B X ANY AUTO X BA78771_468 12/0112015 12/01/2016 BODILY INJURY (Per person) $ - ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ CAT353 X cATaaz $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB CLAIMS-MADE CUP-8961X179 12/01/2015 12/01/2016 AGGREGATE $ 4,000,000 DED X RETENTION $ 10,000 $ OTH- WORKERS COMPENSATION X PER STATUTE ER AND EMPLOYERS' LIABILITY UB9722YO81 12/01/2015 12/01/2016 E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE Y~ N/A OFFICER/MEMBER EXCLUDED? C (Mandatory in NH) WAM/Y STOP GAP 12/01/2015 12/01/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Profes Liability DPR9800553 12101/2015 12/01/2016 EachClaim 2,000,000 100,000 deductible Annl Aggr 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Miscellaneous engineering support services for the City of Ashland Wastewater Treatment Plant. CERTIFICATE HOLDER CANCELLATION ASHLA02 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 E Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE xa-~ ~ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD HOLDER CODE ASHLA02 KELLE-4 PAGE 2 NOTEPAD. INSURED-SNAME Keller Associates, Inc. OP ID: NW Date 08/08/2016 The City of Ashland, Oregon, and its elected officials, officers and employees are additional insureds as provided in policy forms CGD381 and CAP442. COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for which coverage is sought occurs- and within the products-completed operations ; hazard". (2) The "personal injury" for which coverage is ; Such person or organization does not qualify as sought arises out of an offense committed-, an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- = son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under a ~ any other insurance. d. This insurance does not apply on any basis to - any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us ° added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 002219 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or agreement; "Contract or agreement requiring insurance" means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 0 2007 The Travelers Companies, inc. CG D3 89 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO POLICY NUMBER: BA-7877L468-15-GRP ISSUE DATE: o8-08-2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. SCHEDULED PERSONS OR ORGANIZATIONS CITY OF ASHLAND 20 E MAIN STREET ASHLAND, OR 97520 PROVISIONS A. The following is added to Paragraph c. in A. 1., B. The following is added to Paragraph 5., Other Who Is An Insured, of SECTION II-LIABILITY Insurance, in B. General Conditions of SEC- COVERAGE: TION IV - BUSINESS AUTO CONDITIONS: Any person or organization shown above who is Regardless of the provisions of paragraph a. and required under a written contract or agreement paragraph d. of this part 5. Other Insurance, if between you and that person or organization, that the scheduled person or organization shown is signed and executed by you before the bodily above has other insurance under which it is the injury" or "property damage" occurs and that is in first named insured and that insurance also ap- effect during the policy period, to be named as an plies, then this insurance is primary to and non- additional insured is an "insured" for Liability Cov- contributory with that other insurance when the erage, but only for damages to which this insur- written contract or agreement between you and ance applies and only to the extent that person or that scheduled person or organization, that is organization qualifies as an "insured" under the signed and executed by you before the "bodily in- Who Is An Insured provision contained in Section jury" or "property damage" occurs and that is in II effect during the policy period, requires this insur- ance to be primary and non-contributory. CA T4 42 04 09 © 2008 The Travelers Companies, Inc. Page 1 of 1 y4 Purchase Order Fiscal Year 2017 Page: 1 of: 1 INNIMAN MUM A B ; City of Ashland I ATTN: Accounts Payable Purchase L 20 E. Main 124 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V KELLER ASSOCIATES, INC H C/O Public Works Department E I 51 Winburn Way N 707 13TH ST SE STE 280 P Ashland, OR 97520 D SALEM, OR 97301 Phone: 541/488-5347 R O Fax: 541/488-6006 1/enor Phone Nu ber rend ea u eq I a208 288-1992 Michael Fau ht rr uy H;yi~ L '!8 MOW f r r , ~i,Dfe~ rdere 08/25/2016 875 FOB ASHLAND OR City Accounts Pa able - a W-11 CIO 4Item# Engineering Support - WWTP 1 Miscellaneous engineering support for the City of Ashland 1.0 $30,000.0000 $30,000.00 Wastewater Treatment Plant Contract for Personal Services less than $35,000 Beginning date: 08/04/2016 Completion date: 06/30/2017 GL Account: $30,000.00 GL SUMMARY 086100 - 604100 $30,000.00 By: ,2,~Z' Date: Authorized Signatures $30,000.00 FORM #3 1 CITY OF ASHLAND J:,1 a q.a yw z ':d i Y are//pj,/~) 1 REQUISITION Date of request: 08/04/2016 Required date for delivery: ASAP Vendor Name Keller As-Rodates,my Address, City, State, Zip 735 Sunrise Avenue Roseville Ca 95661 Contact Name & Telephone Number Darrel Evensen 530.400.4594 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 ❑ Direct Award Date approved by Council: Contract # -(Attach copy of council communication) ❑ State of Washington ❑ Verbal/Written quote(s) or proposal(s) Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES [:1 Special Procurement Intergovernmental Agreement ❑ Agency $5,000 to $75,000 171 Form #9, Request for Approval Date original contract approved by Council: ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached (Date) ❑ (3) Written proposals/written solicitation Date approved by Council: _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Miscellaneous engineering support services for the City of Ashland $30,000 Wastewater Treatment Plant Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $30,000 Project Number - _ _ Account Number 675.08.19.00.604100 Account Number 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, 1 certify that the City's public contracting requirements have been satisfied. Employee: \,)Ckx +w Department Head: NN e- Cal (Eq o ox.gLeater than $5,000) Department Manager/Supervisor: City Administrator: -f~-- (Equal to or greater than $25,000) Funds appropriated for current fiscal year (F~ NO ~ r S- 14 Finance Director- (Equal to orgreate han $5,000) Date Comments: 47 H, s Po 10 W ee-Y 14,4V 46eal :9~,Vz, o0 o 49=4~t IN i t S I J u C 1 i IF l ,'O"r_ Form #3 - Requisition