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HomeMy WebLinkAbout2017-118 Contract - Thornton Engineering Contract for Personal Services less than $35,000.00 C 1 T Y O F CONSULTANT: Thornton Engineering, Inc. ASHLAND CONTACT. Mlke Thornton 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 476 Telephone: 541!488-6002 260 N. Third Street Fax: 5411488-5311 Jacksonville, Oregon 97530 TELEPHONE: 541-899-1489 DATE AGREEMENT PREPARED: 03-15-2017 EMAIL: mike thorntondale .com BEGINNING DATE: 03-15-2017 COMPLETION DATE: 03-15-2018 COMPENSATION: NTE $34,940.00 SERVICES TO BE PROVIDED: Complete Civil Plans per Exhibit C attached for Independent Way 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. NODU THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings 1 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 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 beheld responsible for an losses, expenses, claims, subro ations, Contract for Personal Services less than $35,000.00, Page 1 of 5 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. ObligationlLiability 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: $250,000, $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 Liabilit insurance with a combined sin le limit, or the equivalent, of not less than Enter one: Contract for Personal Services less than $35,000.00, Page 2 of 5 $100,000, $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 coverages) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional InsuredlCertificates 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, suitor 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 HEISHE 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 by reference. Consultant: City of Ashland By - By Signature epart ent Head n ~ ~ o~ ~ Print Name Print Name 3~ Title Date W-9 One copy of a W-9 is to be submitted with ~ ~j 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) I 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) I 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. 2-~ ~ ~ 7 Contractor (Date} Contract for Personal Services less than $35,000.00, Page 4 of 5 ~ ► i 1 ~ ~ EXHIBIT B ~ o s an , ' - per hour effective June 30, 2016 (Increases annually every June 30 by the Consumer Price Index) /r - ~ - ~ , ~ portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans including ten ormore employees, and childcare) benefts to the has received financial amount of wages received by assistance forthe project or 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 orpart-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- Ashlandincluding the Parks month period, For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, ~ ~ ~ ~ ~ ~ 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. CI?Y OF ASHLAND Contract for Personal Services less than $35,000.00, Page 5 of 5 EXH I BI T~ EXHIBIT A -SCOPE AND C051 3/16/2017 THORNTON ENGINEERING, INC 9:14 AM CLIENT: City of Ashland Public Works + TOTALS LOCATION: Proposed Street Between Tolman Cr Rd 8~ Washingtin Street • ' PROJECT: Independent Way -New Street Design ~ ~ • ' ~ ~ ' Pre-Design $1,635.00 `1.1 Initial Meeting, Site Visit & Consulting Included 1.2 Coordinate with Utilities & Agencies Included 1.3 Research of Records Included ~ Site Analysis $4,160.00 2.1 Topographic Survey and Map Provided by City 2.2 Boundary Survey Provided by City 2:3 Geotechnical Investigation -Pavement Section Design Not Included 2:4 Wetlands Investigation & Mitigation Not Included 2.5 Site Plan for Land Use Application Included 2.6 Ph sical and Environmental Constraints Permit -Dan O'Connor Included ~ ~ ~ Construction Plans $29,145.00 3.1 Basemap Included 3.2 Cover Sheet Included 3.3 Plan and Profile Sheets -Street and Storm Drainage Included 3.4 Plan and Profile Sheets -Water, Sewer & Utilities Included 3.5 Plan and Profile Sheets & Details -Culverts Included 3.6 Valley Gutter Tolman Creek Road Included 3.7 Striping Plan Included 3.8 Cross-Sections -Street Included 3.9 Utility Plan Included 3.10 Accessible Route Ramp Details Included 3.11 Storm Water Detention Structure Included 3.12 Storm Water Bypass Plan Included -3.80 Preliminary Plan Reivew Set Included 3.90 Final Plan Review Set Included 3.10 Sediment and Erosion Control Plan to DEQ Standards Included 3.11 Civil Sitework Specifications, Bid Schedule & Estimate Included r ~ Construction Services $0.00 4.1 Prepare & Print Plans and Bid Packets Not Included 4.2 Respond to Bid Inquiries Not Included -Hourly 43 Pre-Construction Meeting Not Included -Hourly 4.4 Construction Inquiries Not Included -Hourly 4.5 Construction Observation Not Included -Hourly 4.6 Record Drawin s Not Included - Hourl ~ ~ y`- Permits $0.00 5.fi n DSL/COE Joint Fill Permit Application & Coordination -O'Connor Not Included 5.2 DEQ 1200-C Permit Application Not Included 5:3 Permit Fees Not Included Subtotal $34,940.00 Reimbursable Expenses $0.00 Subtotal Fee $34,940.00 Contingency $0.00 Total Cost $34,940.00 TOTAL: $34,940.00 ' 9THOREN OP ID: PB A~~-o~: ° CERTIFICATE 0 F L IA B I L I TY I N S U RA N C E DATE (MMIDDJYYYY) osrlor2ols 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(Sy, 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 Phone: 541-779232 NAMEACT Hart Insurance PHONE ~ 'FAX 1123 Royal Ave. Fax: 541-772-3963 AIC No Ext ; LAIC, No): _ _ _ _ Medford, OR 97504 E-MAIL Hart Insurance / Medford aDDRESS: - INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :The Hartford '.22357 INSURED Thornton Engineering Inc INSURER B : Travelers Casualty $c Surety PO Box 47fi Jacksonville, OR 97530 INSURER C ; SAI F Corporation _ _ INSURER D : ~ INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TQ 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 npE pF INSURANCE ADDL UBR POLICY NUMBER MMIDDIYYYY MM DDIYYYY LIMITS LTR GENERAL LIABILITY I EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY X ~ 52SBANN9205 0710112016 0710112017 DAMA E T RENTED 3OO OO PREMISES Ea occurrence $ ~ _ CLAIMS-MADE I ^ J OCCUR ~ MED EXP (Any one person} $ 1 O,OO B X Professional E&0 105350491 1010112015 10101!2017 PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE 4,000+00 l GEN'LAGGREGATE LIMIT APP_ LIES PER: PRODUCTS - COMPIOP AGG $ 4,000,00 X POLICY PRO LOC ~ Prof E8~0 $ 2,000,00 AUTOMOBILE LIABILITY ~ COMBINED SINGLE LIMIT 1,000,00 Ea accident $ A ANY AUTO 52SBANN9205 0710112016 07101!2017 BODILY INJURY (Per erson} ALL OWNED SCHEDULED ~ BODILY INJURY (Per accident}', $ AUTOS AUTOS ~ PROPERTY DAMAGE NON-OWNED ' $ X HIRED AUTOS X AUTOS ! Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE ~ AGGREGATE $ DED RETENTION $ ' ' $ WORKERS COMPENSATION WC STATU- OTH- ; AND EMPLOYERS' LIABILITY Y ~ N ~ !I X T RY LIMITS ER _ C ANY PROPRIETOR/PARTNER/EXECUTIVE 910109 0710112016 O7 - _ - - OFFICER/MEMBER EXCLUDED? NIA E.L. EACH ACCIDENT $ 500,00 IMandatory in NH) ~ E.L. DISEASE - EA EMPLOYEE $ _ ^ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below ! E.L. DISEASE -POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Ashland, Oregon, its elected officials, officers and employees are included as additional insured as respects general liability where required by written contract per attached form SS0008 04/05 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE A80VE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 E Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Hart Insur ce 1 N~edf d ~C~ ~ / ©1988.2010 ACOR CORPORATION. All rights reserved. ACORD 25 (20101051 The ACORD name and loco are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed ar shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4, Additional Insured -Lessor Of Leased of Section C., Who Is An Insured, does not apply Equlpment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s~ Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured -Lessor of Leased Equipment, 1. Additional Insured -Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" ar "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whale or amended to include as an additional insured in part, by your maintenance, operation or the person(s~ or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organEZatEOn(s). far "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whale or in part, by your acts ar omissions or does not apply to any "occurrence" which the acts or omissions of those acting an your takes place after you cease to lease that behalf; equipment. a. In the performance of your ongoing Additional Insured -Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises awned Leased by or rented to you. a. WHO IS AN INSURED under Section C. is 2, Additional Insured -Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured -Owners Or Other Interests Fram amended to include as an additional insured Wham Land Has Been Leased, but only the person(s) arorganization(s)shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance ar use of that part Designated Person 0r Organization; but only of the land leased to you and shown in the w~h resped to liability arising out of the Declarations. ownership, maintenance or use of that part of the premises leased to you and shown in the b. With respect to the insurance afforded to Declarations. these additional insureds, the fallowing additional exclusions apply: b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1 ~ Any "occurrence" that takes place This insurance does not apply ta: after you cease to lease that land; ar (2~ Structural alterations. new (1~ Any "occurrence" which takes place construction ar demolition operations after you cease to be a tenant in that premises; or performed by or on behalf of such person ar organization. (2~ Structural alterations, new construction or demolition operations 0• Additional Insured -State Or Political performed by ar on behalf of such Subdivision -Permits person or organization, a. WHO IS AN INSURED under Section C. is amended to incude as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 40 O8 04 05 BUSINESS LIABILITY COVERAGE FORM Insured -State ar Political Subdivision - {e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state ar political to make or normally undertakes to subdivision has issued a permit, make in the usual course of b. With respect to the insurance afforded to business, in connection w~h the these additiana► insureds, the following distribution or sale of the products, additional exclusions apply: {f} Demonstration, installation, This insurance does not apply ta: servicing or repair operations, except such operations performed {1) "Bodily injury", "property damage" ar at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or {g) Products which, after dist~bution {2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured -Vendors other thing ar substance by or for a. WHO IS AN INSURED under Section C. is the vendor, or amended to include as an additional {h) "Bodily injury" ar "property insured the person(s) ar organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor far its Declarations as an Additional Insured - own acts ar omissions ar those of Vendor, but only with respect to "bodily its employees ar anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply ta; sold in the regular course of the vendors {i) The exceptions contained in business and only if this Coverage Part Subparagraphs {d) or {f); or provides coverage for "bodily injury" ar "property damage" included within the {ii) Such inspections, "products-completed operations hazard". adjustments, tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor is make ar normally undertakes subject tothe fallowing additional exclusions: to make in the usual course of {1) This insurance does not apply ta: business, in connection with {a) "Bodily injury" or "property the distribution ar sale of the damage" for which the vendor is products. obligated to pay damages by {2) This insurance does not apply to any reason of the assumption of insured person ar organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability far damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. {b) Any express warranty 8. Additional Insured -Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is {c) Any physical ar chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured - {d~ Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of; demonstration, testing, ar the a. Their financial control of you; or substitution of parts under b. Premises they awn, maintain or antral instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 0$ 04 05 Page 19 of 24 5 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. -Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured -Owners, Lessees Or is available to an additional insured is described in Contractors - Scheduled Person Or the Other insurance Condition in Section E. - Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s~ or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured -Owner. Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through; in part, by your acts or omissions or the a. {1) Radio; acts or omissions of those acting on your {2) Television; behalf; {3) Billboard; {1) In the performance of your ongoing {4) Magazine; operations far the additional {5) Newspaper, insured(s7; or {2) in connection with "your work" b. The Internet, but only that parr of a web performed far that additional insured site that is about goods, products or and included within the "products- services for the purposes of mducrng the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products-completed operations hazard", a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising injury" arising out of the rendering of, or among persons through a computer network, the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including; 3. "Asbestos hazard" means an exposure or {1) The preparing, approving, or failure to threat of exposure to the actual ar alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions; reports, surveys, presence of asbestos in any form, field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public {2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities, equipment, But "auto" does not include 10. Additional Insured - Co•Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured - Go- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time premises shown in the Declarations, b. "Coverage territory" means; Page 20 of 24 Form SS 00 08 04 05 N~ , ur-base rder Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - - - - =1=-~~=t~-~~y~~I~N=1~--__ ~ ATTN: Accounts Payable Purchase L 20 E. Main ~ ~ 9 Ashland, OR 97520 Order# ~J T Phone:5411552-2010 0 Email: payable@ashland.or.us V S CIO Engineering Division E THORNTON ENGINEERING, INC H 51 Winburn Way . D PO BOX 476 p Ashland, OR 97520 0 JACKSONVILLE, OR 97530-0476 Phone: 5411488-5347 R T Fax:5411488-6006 0 _ 17en~or Phony Nu-mbar- - - ~f~n~Q~ I~n~ r-.~ _ ~ ~ 541 857-0864 Brad Barber - _ - - - Date OrdereT~ V~n~o~ = um~ ~_~_~~----___-~i~-_~-_-_-- i : - - : _ - - - - tr~n : i~_=_-_=_ 0410712017 427 ~ FOB ASHLAND OR Cit Accounts Pa able --~_~_o-r~ ~~tt ~ - - _ _ = - - : _ _ ~ __--s= -1~~ies~-P~r1~e_ Independent Way 1 Independent Way -Complete civil plans per contract documents 1 $34,940.0000 $34,940.00 Exhibit C. Contract for Personal Services Beginning date: 0311512017 Completion date: 0311512018 ' Project Account: E-201325-999 GL SUMMARY 081200 - 704200 $34,940.00 ~ Date: / F' Authori ed ignature ~ ~ - _ $34 940.00 ~ - ~A~ a _ ` 7 ~ S:s i.-F... _ l ~ .':mks 3~~ ~ 4 ' #3 ~ ~ ~ CITY ~F ~I~LAND wl ~~yy I "1 j I J fiyII ~S 1 i,l ~s! 3 cr~~~s i y' 1 1 ~ I yi ~1 a.. ,"yf ~ I i F" ~ 03-31-2017 RE Q U I S I T' ~ ~ N Date of request. Required date for delivery; 03-31-2019 Vendor Name Thomtn~.Engltlaari~~nr Address, City, State, Zip P.O. Box 476 260 N,Third Street Contact Name & Telephone Number Jacksonville, Oregon 97530 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 note or ro osal attached _ Attach co of council communication _ If council a royal re wired, 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 # ❑ VerballWritten quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposalslwritten solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date ~ (Attach copy of council communication) Description of SERVICES Total Cost Com lete Civil Plans er Contract Documents Exhibit C $34,940,00 P p Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Civil Plans 34,940,00 TOTAL COST ❑ Per attached quotelproposal $34,940.00 Project Number _ _2013 _ _ _ _ - _ _25 _ Account Number 03~200,~04200 AccountNumber___-__•__-__-______ AccountNumber___•__•_ *Expendifure must be charged fo the appropriate account numbers for the financials to accurately reflect the actual expenditures. 1T Director in collaboration with department to approve all hardware and software purchases: iT Director Dafe Support -Yes / No By signing Phis requisition form, I certify that the City's public contracfing requirements have been satisfied, Em to ee:. ~ ~ De ailment Head: pY ~ p (Equal to or greater than $5,000) Department ManagerlSupervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year.' ~E$1 / NO ~ ~.,~a~` ,t ~ ~ ~ Fitlatice Director- (Equal to or greater fhan ~5; 000) Dafe ✓ ~ Comments: Form #3 -Requisition