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HomeMy WebLinkAbout2016-249 Contract - Construction Engineering Consultants Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Construction Engineering Consultants, Inc. -.S H LAND CONTACT: Mark Kamrath, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 1724, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 779-5268 DATE AGREEMENT PREPARED: 07/27/2016 FAX: (541) 779-3139 BEGINNING DATE: 08/01/2016 COMPLETION DATE: 12/31/2016 COMPENSATION: $17,300.00 (see attached) SERVICES TO BE PROVIDED: Provide professional engineering services for the design of the realignment of multiple utilities at the intersection of Villard St & Engle St (see attached) 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. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximate) caused by the negligence of City. Contract for Personal Services, Revised 06/02/2015, 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 the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, Revised 06/02/2015, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. 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 anql~ herein incorporated by reference. Consultant: City of Ashland - By By 74~~Iow Signature Department Head 4tmv _f f M V t~ , F Print Name Print Name ~Dk::% 0 ~17 ~ 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 06/02/2015, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 1001, (Date) Contractor Contract for Personal Services, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B of Ash land City LIVING WAGE per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) - - . - , , portion of business of their 401K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits tot the has received financial amount of wages received by assistance for the projector the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20. include temporary or part- Ashland if the contract time employees hired for less exceeds $20,283.20 or more. ➢ If their employer is the City of than 1040 hours in any Ashland including the Parks twelve-month period. For ➢ For all hours worked in a and Recreation Department. more details on applicability month if the employee spends of this policy, please see 50% or more of the ➢ In calculatingthe livingwage, Ashland Municipal Code employee's time in that employers may add the value Section 3.12.020. month working on a projector of health care, retirement, Tor additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services less than $35,000.00, Page 5 of 5 CITY OF ASHLAND FORM #4 DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: _,Vichael R. Vaught-Director of Public fforks Date: 08-01-2016 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 of Public Works intent is to contract, vith a private consultant the appropriate scope of services dei,eloped for project n,an,ber 2016-20. The scope of ivorkfir this project includes Professional 1=-ngineering Seri~ices for the design for- the realignment of existing utilities near the intersection of f "rllard Street cmd Engle Street- The work is expected to take place in fiscal year 2016 with a budget amount of S1; , 300.00. The amount appropriated in the current Council approved budget to pet for°ll this wor k is X89 000 in Street Department Professional Services for unanticipated street and storin water matters. 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 7101 have the adequate staff tithe or appropriate resources to provide the scope of seri%ice conten?plated under this contract. Jn addition, no other Deparlinent in the Cite has the resources or technical knoivledge to con,plete the work associated iiJ1h this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 7/29/2016 ~ENGINEERING ~ "0 ~ /\%,S (T L P.O. BOX 1724 • MEDFORD, OR 97501 • PH (541) 779-5268 • FAX (541) 779-3139 CIVIL ENGINEERING SERVICES PROPOSAL FOR Clay Street Utility Relocations (City of Ashland Project No. 2016-20) SUBMITTED TO: CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS Submitted by: Construction Engineering Consultants Inc. (Corporation) Federal Tax ID: 931103509 Mark Kamrath, President 132 West Main Street, Suite 103 Medford, OR 97501 Phone: (541) 779-5268, ext. 224 Email: mark@cecengineering.co - /c, Mark Kamr , President Date Project Description: The proposed project consists of Professional Engineering and Surveying Services for the surveying, design and relocation of utilities to be relocated from the existing utility alignment to the anticipated future realignment of the McCall Drive Alley (See attached exhibit). Anticipated Scope of Work: 1. Survey (Sub-consultant): See the attached proposal from Polaris Land Surveying for the anticipated scope of work. 2. Site background drawing: Obtain and review topographic survey. Generate site CAD background drawing for use in project plans. 3. Conceptual/Preliminary Design: Complete conceptual design based on site visits and city input. 4. City Concept/Preliminary Review. Conceptual/preliminary plans to be submitted to city for review and feedback. 5. Detailed Design: Detailed horizontal and vertical layout of proposed improvements based on City input from preliminary design review comments. Detailed design of future McCall Drive Alley centerline profile to be completed and shown on plans. 6. Preliminary Construction Plans: Prepare construction plan set for city review. 7. City review: Submit plans to city for review phase. 8. Finalize Construction Plans: Incorporate city review comments into construction plans. Finalize revisions and plot project plans on 2436 for final approvals and bidding. 9. Bid Quantities: Prepare bid quantities for city use for bidding the project out for construction. It is anticipated that the city will prepare the project specifications. 10. Attend pre-bid conference: Attend the pre-bid and/or pre-construction conference to answer any questions that may arise concerning the project. 11. Provide technical assistance during the bidding phase: We will be available for any questions or technical assistance as required during the bidding phase of the project. 12. Provide limited inspection during the construction phase. We can provide inspections as requested by the city during construction. We currently do not expect to provide inspections and have not included inspection time in the proposed budget. 13. Record Drawings: Incorporate inspector field notes into construction plans and plot plans to mylar. Professional Services Civil Engineering: (CEC) ................................................$11,630.00 Survey: (Polaris Land Surveying) .........................................$5,670.00 Anticipated Cost of Services: $17,300.00 (see attached time estimate breakdown and sub-consultant scope of services) Recommended Budget amount for Professional Services (+/-5%):...$17,300.00 Construction Engineering Consultants, Inc. Service Fee Schedule: Principal - $120/hour Professional Engineer - $105/hour Project Designer - $95/hour Engineering Tech - $85/hour CAD Tech - $75/hour Inspector - $75/hour O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 p 1 D 0 O ~ N N W O O N It N I- N '.4, (D r- M M (rD OD O (n N N - ti ~ r r 69, 6F3, 69 (p 69 EA yg, to 69 (p 6H V) 69 69 413 O E O U U N F- 69 ER 69 ffl 64 69 69 6r3 69 64 fA 69 fR ffl 69 U O O O O O O O O O O O p o C) O Cl O ° O O O O O , O O O O LO O O O O O O O 1 (p CD (0 N (D CO- Cl) U U rn 'L m m C 613 Efl 69 fR 69 69 Vy fH WA (A 69 Vy fH 69 V> .rn c W MCD (D w O CD (DD 0 0 0 O CD O 0 N (h M o 0 0 0 Co Co I~ c o ° 0 0 0 ~ ~ ~ mU.) 0 0 0 0 0 y m co ao co (D Cl U N Cl) M M r- ai LO O d U U y u O a O O LL d (p 69 69 63 6~ Vfl 69 69 V9 69 69 69 Efl 69 Vr 00 O O N= Q. O O O 'IT 'IT O V co O O O N V _ o 0 0 0 O o 0 0 0 0 ti a0i Q r o o O Cl O° O o 0 0 c_ ~ ~ ~ o_ o_ 0 0 0 0 0 0 0 0 0) o N N N N M W N d N N 'ICT N V q~T (0 N W 0 Q ` M = is o p c v (s to (s V► d o cn (fl 69, (fl Y o N " 3 N 0 T 0 L •p N N O V N O '-;r '~T O IT CD N M CL Q' = d O O O O O O O O O O O O O O O O O O O o i i 0 y O O L ° O O O O O O O O O (D N N N M N N M N N to 0 N o r r V N IT N N NT- Y d ~ U L0 U p 3 i - CD p d 69 69 E9 E» 69 (LJ E» 69 f» (fl 69 V3 O y w o_ 0 a~ y 0 _ st N N N O O O O U Q O O ~ 'a I II- N N ~ I~ ca ~ r y Q N X C U (6 41 O O C a m (d V rn v C Q d Q _O w a d a) a N 1-= 0 O j Q f4 O O 41 Q D a) U) Co 01 E (C6 ` Q m C (T y O C C Q (3 '0 E i 3 y C N C .Q 5 - •L O C 3 y 0 (V C 3 U i U'0 rn 0 c U U R y N y 7 'O y C co c o Q o 0 3 0 c ca c J O cm rn O N a O U c O O D N a a .c 0 n c a 0 Co y 1>1 U N U U N Q O N r o o o L c a~~ E m E o0 r'., y (n (n U U o U U LL m 0_ f- J Q 7 O ~ C (D O # Y (n Cl) y Y N M-'T Lo (D r- 00 O N m (0 V O Z LANG 5 URVEYIN0, LLC ...il.~..r..:x~...... •w,s:xc. .:..,;.,..~cl...........~ - r:..;.,.i- ac,mracs: J u ly 10, 2016 City of Ashland Engineering Dept. 51 Winburn Way Ashland Oregon 97520 Attn: Scott Fleury Re: Land Partition & Right-of-Way Survey 380 Clay Street, Ashland, Oregon Assessor's Map No. 391E 11 C, Tax Lots 2500 & 2504 Scott, Per a request from City Surveyor, Brad Barber, the following i5 a proposal for Surveying services to perform a Land Partition Survey of the above referenced properties located at 380 Clay Street in Ashland, per the Scope of Services outlined below. SCOPE OF 5ERVIGE5: ♦ Research of deeds, easements and surveys for the above described property and adjoiners, based on a title report to be furnished by owner. ♦ Field survey to re-establish project survey control network by this office during the performance of Survey No. 18590 & 19486 and to map existing site and street improvements to include pavement, curbs, sidewalks, driveways, buildings, utilities, retaining walls, fencelineo, drainagewayo, slopes, grades and trees over 6" diameter a5 required by the City of Ashland Land Use Ordinance for the Preliminary Partition Map and Easement Vacations. ♦ Office calculations, analysis and computations of field Survey data necessary to determine property and partition boundaries, and to map topographic site features required for preparation of the Preliminary Partition Map for the land partition application Submittal per Land Use Ordinance 18.5.3.040. Aloo to prepare legal descriptions for public easement vacation documents. ♦ Field survey to establish permanent monuments at all parcel corners. ♦ Prepare and file the Final Plat with the off=ice of the Jackson County Surveyor to conform with Oregon Revised Statutes (O.R.5.) 209.250 and 92.060 and City of Ashland Land Use Ordinance 16.5.3.090. FEES: Fees will be paid on an Hourly Basis according to the attached hourly rate schedule enclosed ao Exhibit A, valid until December 31, 2016. The estimated cost to perform the professional P. 0, box 459. Ashland, Oregon 97520 _ Phone: (541) 482-5009 Fax: (541) 485-0797 Mobila: (541) 601-3000 www.polari5rurvey.com Scott Fleury 5urvey Proposal Page 2 Surveying services a5 outlined in the 5cope of 5ervice5 above i5 05 follows: A range between Forty Eight Hundred Dollars and Fifty Four Hundred Dollars. ($4,800.00- $5,400.00) Polaris Land 5urveying LLC will endeavor to keep the actual cost of the work a5 low as may be consistent with the purpose of the project and with proper workmanship and materials. All additional work that is outside the scope of services as described shall also be paid for at the hourly rate schedule enclosed as Exhibit A. Any fees required by City of Ashland, Jackson County, title companies, or other quasi-governmental agencies are not included in the surveying costs outlined above and shall be the responsibility of the owner. A5 compensation for services rendered, an invoice will be sent on the first day of each month, or at the conclusion of the project, showing the hours and rates of the various classifications of personnel working on the project. Payment of the invoice amount must be made within 15 days of the invoice date. Late payments may be subject to a service charge of 1.5% per month of the unpaid balance, at the discretion of Polaris Land 5urveying LLC. this letter is written as a 5urveying Proposal and Agreement. An acceptance line is provided for your signature if you wish to engage us to perform the aforementioned services. Please return one signed copy for our files. In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the event of an appeal from suit, action or proceeding, the prevailing party shall be entitled to such Sums a5 the court may adjudge reasonable as attorney's fees in such suit, action or appeal. Please don't hesitate to call if you have any questions. Yours truly, Shawn Kampmann Professional Land 5urveyor 5Aourveys\1056-16\Ashland 5nowberry Partition proposal.docx AUTHORIZATION Approved By Date P. 0. Box 459, Ashland, Oregon 97520 Phone: (541) 482-5009 Fax: (541) 488-0797 Mobile: (541) 601-3000 www.polarissurvey.corn v LaN0 a URVEYiNG, LLC EXHIBIT "A" POLAR15 LAND SURVEYING LLC FEE SCHEDULE (EFFECTIVE JANUARY 1, 2016) PRINCIPAL LAND SURVEYOR ................................$110.00 / hour PKOFE5510NAL LAND SURVEYOR ..........................$100.00 / hour SENIOR SURVEY TECHNICIAN $ 80.00 / hour SURVEY TECHNICIAN $ 75.00 / hour DRAFTING TECHNICIAN $ 75.00 / hour SURVEY FIELD CREW (STANDARD) $135.00 / hour SURVEY FIELD CREW ( w/ GP5 ) $ 150.00 / hour DOCUMENT PROCE551NG $ 60.00 / hour MILEAGE (out of town projects only) $ 0.575 /mile OUT-OF-POCKET EXPEN5E5 .................................ACTUAL COST P. 0. Box 459. Ashland, Oregon 97520 Phone: (541) 462-5009 Fax: (541) 488-0797 Mobile: (541) 601-3000 www.polarissurvey.com CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 7/27/2016 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: Susan Wilson, AAIr AIC Brown & Brown Northwest AHONE Ex : (541) 772-1111 A!C No ; (541) 772-3785 3256 Hillcrest Park Drive E-MAIL ADDRESS: swilson@bbnw.com INSURER(S) AFFORDING COVERAGE NAIC # Medford OR 97504 INSURER A :American Casualty Co of Reading PA 20427 INSURED INSURERB:Admiral Insurance Company_ 24856 Construction Engineering Consultants, Inc. INSURER C: P O Box 1724 INSURER D INSURER E : Medford OR 97501 INSURER F : COVERAGES CERTIFICATE NUMBER: 16-17 GL/Auto/E&O REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER; POLICY EFF ! POLICY EXP LIMEYS LTR POLICY NUMBER MMIDD/YYYY MM/DDIYYYY COMMERCIAL GENERAL LIABILITY X X EACH OCCURRENCE $ 1 , 000 , 000 DAMAGE TO RENTED 300 000 A CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ 2067238517 3/15/2016 3/15/2017 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $ 1, 000 , 000 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ X POLICY PE LOC I ( PRODUCTS - COMPIOP AGG $ 2,000,000 Pollution Liability $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED 2067238517 3/15/2016 3/15/2017 BODILY INJURY (Per accident) j $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X ;AUTOS : (Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ - WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y I N STATUTE ER - ANY PROPRIETOR/PARTNERIEXECUTIVE N / A I E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED) (Mandatory in NH) r E.L. DISEASE - EA EMPLOYEE $ _ If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B Professional Liability E000003386201 6/3/2016 6/3/2017 Unit $2,000,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS /LOCATIONS (VEHICLES (ACORD 404, Additional Remarks Schedule, may be attached if more space is required) Re: Clay Street Partition Project. General Liability Policy includes Blanket Additional Insured & Blanket Waiver of Subrogation coverage as required by written contract per endorsement SB146968A (attached). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland, Public Works/Engineering THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn : Karl Johnson, EIT ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE S G; i l s o n, AA I, AIC / S U~ t--' ©1988-20114 ACORD CORPORATION. All rights reserved. ACORD 25 (20141011) The ACORD name and logo are registered marks of ACORD INS025 (201401) SB-i 46968-A OVA (Ed. gt/D6) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SKIT. SEE PARAGRAPH C.5 OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whom you are required to add as an additional insured out of an architect to reinder`any surveyor's professional on this policy tinder a written contract or written rendering of or failure agreement; but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, terra of this policy; and reports, surveys, field orders, change orders or drawings and specifications by any 2. Executed prior to the "bodily injury.," "property architect, engineer or surveyor performing damage," or "personal and advertising injury." services on a project of which you serve as construction manager; or B. The insurance provided to the additional insured is limited as follows: b. Inspection, supervision, quality control, engineering or architectural services done by 1. That person or organization is an additional you on a project of which you serve as m insured solely for liability due to your negligence construction manager. specifically resulting from your work for the additional insured which is the subject of the_ This insurance does not apply to "bodily injury," written contract or written agreement. No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury" arising out of: negligence of the additional insured. a. The construction or demolition work while you CIL 2. The Limits of Insurance applicable to the are acting as a construction or demolition additional insured are those specified in the contractor. This exclusion does not apply to _ written contract or written agreement or in the work done for or by you at your premises. Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not C. BUSINESSOii HERS GENERAL LIABILITY in addition to, the Limits of Insurance shown in the CONDITIONS - Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Declarations. Businesso~nrners Liability Coverage Form is amended 3, The coverage provided to the additional insured to add the following: within this endorsement and section titled LIABILITY- AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS - Insured Contract" (Section soon as practicable: 1. Give written notice of an occurrence or an offense F.9.) within the Businessowners Liability Coverage Form, does not apply to bodily injury" or property to us which may result in a claim or "suit" under damage" arising out of the "products-completed this insurance; operations hazard" unless required by the written contract or written agreement. Page 1 of 2 SB-146968-A (Ed. 0 1/06) SB-146968-A (Ed. 01/06) 2.. Tender the defense and indemnity of any claim or against that "suit" if no other insurer defends, we "suit" to us fora loss we cover under this the undertake ~ do so, but hts we will e against all those Coverage Part; other insurers. 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part; and amount of the loss, if any, that exceeds the sum of: 4. Agree to make available any other insurance a) The total amount that all such other insurance which the additional insured has for a loss we ~ would pay for the loss in the absence of this cover under this Coverage Part. insurance; and We have no duty to defend or indemnify an additional insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance, insured. We will share the remaining loss, if any, with any B. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of Insurance shown in the Declarations of this 2. This insurance is excess over any other insurance Coverage Part. naming the additional insured as an insured whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following. to the additional insureds own coverage. This 2. We waive any right of recovery we may have insurance is excess over any other insurance to against any person or organization against whom you which the additional insured has been added as have agreed to waive such right of recovery in a an additional insured by endorsement. written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit" if any ether contract with that person or organization and included insurer has a duty to defend the additional insured within the "products-completed operations hazard." SB-146968-A Page 2 of 2 {Ed. 01 !06} Purchase Order ¢ Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - I ATTN: Accounts Payable L 20 E. Main Purchase 138 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V CONSULTANTS INC H C/O Engineering Division E CONSTRUCTION ENGINEERING I 51 Winburn Way N PO BOX 1724 p Ashland, OR 97520 D MEDFORD, OR 97501 Phone: 541/488-5347 O T Fax: 541/488-6006 R O ~n Qr P- Number Ve~1¢cF x--MUM vim T - - Karl Johnson ate- r rid= =1f MY : UMb~r= 09/02/2016 939 FOB ASHLAND OR Cit Accounts Payable r--mss bid-P cs= Design & Realignment Utilities 1 Engineering services for the design and realignment of utilities 1 $17,300.0000 $17,300.00 near intersection of Viilard Street and Engle Street. Engineering - Project #201620.100 Electric - Project #000523.999 Contract for Personal Services Less than $35,000 Beginning date: 08/01/2016 Completion date: 12/31/2016 GL SUMMARY 081800 - 704200 $8,650.00 111800 - 604100 $8,650.00 By ffi Date Authorized Signature $17,300.00_ FORM # CITY OF ASHLAND REQUISITION ~ Date of request: 08/24/2016 Required date for delivery: ASAP Vendor Name Construction Engineering Consultants, Inc Address, City, State, Zip P.O. Box 1724, Medford OR 97501 Contact Name & Telephone Number Mark Kamrath, President, (541) 779-5268 Fax Number (541) 779-3139 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 ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Contract # Intermediate Procurement ❑ Sole Source 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 $5Kto $75K Contract# PERSONAL SERVICES Special Procurement Inte~ovemmental Agreement ❑ ❑ Agency $5,000 to $75,000 ❑ Form #9, Request for Approval than $35 000, by direct appointment Date original contract approved by Council: Less ® ❑ Written quote or proposal attached (Date) ❑ (3) Written proposals/written solicitation Date approved by Council: ® Form #4, Personal Services $5K to $75K Valid until: (Date) Description of SERVICES Total Cost Provide engineering services for the design and realignment of utilities near intersection of Villard $17,300,00 St & Engle St (see attached) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/ proposal $ Project Number 201620.100 Account Number 670.08.18.00.704200 (50%) Project Number 000523.999 Account Number 690.11.18.00.604100 (50%) *Expenditure must be charged to the appropriate account numbers~orthe ancia/s to accurate/yreflect the actual expenditures. /TD/rectoriu collaboration with department to approile a//hardware and software purchases, ITDMector Date Support-Yes/No By signing this requisition form, / certify that the City's public contracting requirements have been satisfied. Employee: Department Manager/Supervisor y & N't Department Head: (Equal to or greater than $5,000) r 3 Employee: , Department Manager/Supervisor: i - ~ , ~ (Equal to or greaterthan $5,000) t M City Administrator: Department Head: Y (Equal to or greatertharilliD00) (Equal to or greater than $25,000) T` ` ~Y r Funds appropriated for currentsca/year. YES / NO Finance Director- (Equal to orgraater than $5.000) Date Comrrrents'