HomeMy WebLinkAbout2017-129 Contract - Construction Engineering Consultants
Contract for PERSONAL SERVICES less than $35,000
CITY O f CONSULTANT: Construction Engineering Consultants, Inc.
~S H L A N D CONTACT: Mark Kamrath President
20 East Main Street
Ashland, Oregon 97520 ADDRESS: P.O. Box 1724, Medford, OR 97501
Telephone: 5411488-6002
Fax: 541 /488-5311 TELEPHONE: (541) 779-5268
DATE AGREEMENT PREPARED: 04/17/2017 FAX: (541) 779-3139
BEGINNING DATE: OS/O1/2017 COMPLETION DATE: 12/31/2017
COMPENSATION: $32,040.00 (see attached)
SERVICES TO BE PROVIDED: Provide professional engineering services for the design of the partial rebuild and
overlay of N. Mountain Avenue -Hersey Street to Interstate 5 (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 rims Cit 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 I 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, 'ud ments, or other lama es, direct/ ,sole) ,and proximate) caused b the ne li ence of Cit .
Contract for Personal Services, Revised 06102/2015, 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. 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:
$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 Bodil In~ur and Pro ert Dama e,
Contract for Personal Services, Revised 06/0212015, 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 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 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 andlor 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 (andlor 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 si n the certification attached hereto as Exhibit A and herein incorporated b reference.
onsultant: City of Ashlar d
By
By ~
Signature f Depart ent Head
Print Name Print Name
N 1 ~ -
s
Title Date
W-9 One co of a W-9 is to be submitted with
pY
the signed contract. Purchase Order No.
Contract for Personal Services, Revised 06/0212015, Page 3 of 5
EXHIBIT A
CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached UU-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 car out the labor or services at a location se crate from m residence or is in a
ry P Y
/ 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
,i purchased for the business.
'V (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.
ri
Contractor (Date)
Contract for Personal Services, Revised 0610212015, Page 4 of 5
~ ~ ~ ~ ~ ~
EXHIBIT 6
~ o s an
~ ~ ~ ' ~
i
.
- per hour effective June 30, 2016
(Increases annually every June 30 by the
Consumer Price I ndexj
/r►
- ~ - ~ . ~ portion of business of their 401K and IRS eligible
employer, if the employer has cafeteria plans (including
ten ormore employees, and childcare) benefits to 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 orpart-
Ashland ifthe 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 calculating the living wage, Ashland Municipal Code
employee's time in that employers may add the value Section 3.12.020.
month working on a project or of health care, retirement,
Call the Ashland City Administrator's office at 541-488-6002 orwrite to the CityAdministrator,City Hall,
20 East Main Street, Ashland, OR 97520 orvisit 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 QF
ASH LAN D
Contract for Personal Services less than $35,000.00, Page 5 of 5
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CIVIL ENGINEERING SERVICES PROPOSAL
FOR
North Mountain AC Overlay
(C.O.A. project #2010-10}
SUBMITTED T0:
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
Submitted by:
Construction Engineerinb Consultants Inc. Corporation)
Federal Tax ID. 931 103509
Mark Kamrath, President
132 West Main Street, Suite 103
Medford, OR 97501
Phone: (541) 779-526$
Fax: (541) 779-3139
Email: mark@cecengineerin~,com
Mark Kamr h, President Date
Project Description:
The proposed project consists of Professional Engineering and Surveying Services for
the proposed asphalt overlay of existing North Mountain Avenue from Hersey Street
north to the 1-5 bridge.
Anticipated Scope of Work:
1. Measure areas of streets to be overlaid;
City aerial mapping will be utilized for base plans to determine overlay areas.
2. Determine areas of repair needed on North Mountain Avenue:
Site visits will be performed to determine areas requiring repair, these areas will
then be indicated on the project plans.
3. Provide coring of street surfaces to determine pavement thickness and
base composition and patch cored areas:
A geotechnicalsuh-consultant will be utilized for street corings.ln discussions
with the City Engineering Department, seven corings are anticipated within the
project area.
4. Design pavement repairs:
Visual inspections, corings, traffic indexes and street classifications will be used
to determine and design pavement repair sections.
5. Design pavement overlay or re-construction thickness:
Street Corings, city provided existing street section data, traffic indexes, limited
R-value testing, and street classifications will be utilized for pavement overlay
thickness design.
6. Design of Access ramps within the project limits:
Design and construction information of access ramps to be included with the
cons#ruction plans.
7. Revise project plans:
Project plans wil! be revised. Areas requiring repairs or replacement will be
shown as well as the overall project extents. Striping and utility adjustments will
be indicated. Typical sections will be provided to show grinding and overlay
requirements.
8. Provide bid quantities:
Determine bid quantities for use in preparing the project bid documents
9. Attend pre-bid conference:
Atfend the pre-bid and/orpre-construction conference to answer any questions
that may arise concerning the project.
10. 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.
11. Provide limited inspection during the construction phase.
We will provide inspections as requested by the city during construction. An
inspection report will be prepared and submitted to the city following any
inspection.
Note: It is anticipated that city crews will be responsible for replacement of
existing street striping and traffic signal loops.
Schedule:
We are able to start work on the project within 4 weeks pending legal contracts and city
authorization.
Service Fee Schedule:
Principal Engineer - $125lhour
Professiona! Engineer - $110lhour
Project Designer - $951hour
Engineering Tech - $85mour
Sub-Consultants:
Geotechnical Engineer - Applied Geotechnical Engineering and Geologic Consulting
proposal)
Surveyor - To be provided by Ci#y
Anticipated Cost of Services: X32,040.00
Recommended Budget amount for Professional Services: $35,000.00
Please see the following page for a breakdown of the anticipated cost of services.
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CERTIFICATE OF LIABILITY INSURANCE 4~11~2017
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 GERTIFICATE 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 endorsements .
PRODUCER CONTACT Susari W11SOn, AAI , AIC
NAME; _
Brown & Brown Northwest PHONE (541) 772-1111 FAX (541)772-3785
1C o t ' AIC No :
3256 Hillcrest Park Drive E-MAIL swilson@bbnw.com
ADDRESS:
INSURER(S) AFFORDING COVERAGE ~ _ NAIL #
Medford OR 97504 INSURERA;American Casualty Co of Readies PA 20427
INSURED INSURER B :Admiral _ Insurance Com~a~y _ _ 24856
Construction Engineering Consultants, Inc. INSURERC:
P 0 BOX 1724 INSURER D
INSURER E
Medford OR 97501 INSURER F
COVERAGES CERTIFICATE NUMBER:CL1732149839 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. _
I~TR ADDL 3UBR POLICY EFF POLICY EXP _ LIMITS -
TYPE OF INSURANCE PODGY NUMBER MMIDOIYYYY MM1D0
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 000
I DAMAGE TO RENTED ~ _ 300 000
A I ~ CLAIMS-MADE I x~ OCCUR ~ ' PREMISES Ea occurrence1__ $
~ I 2067238517 3/15/2017 3/15/2019 10,000
MED EXP (Any one person) $
h- _
j PERSONAL & ADV INJURY $ 1, 000 , 000
I
.__._.__-._-._-_________.......-_____V.._
GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 , 000 , 000
X PRO- PRODUCTS ~ COMPloP AGG $ 2 , 000 , 000
POLICY ~ JECT ~ LOC
OTHER; Pollution Liability $ 1, 000 , 000
AUTOMOBILE LIABILITY COM I SINGL LI I $ 1, 000 , 000
Ea accident ~
A _ ANY AUTO i BODILY INJURY (Per person) $
ALL OWNED SCHEDULED 2067236517 ~ 3/15/2017 3/15/2018 BODILY INJURY (Per accident) ~ $
AUTOS AUTOS I
NON-OWNED I I ~ PROPERTY DAMAGE ~ $
X HIRED AUTOS X AUTOS ~ Per accident ~
_
i $
UMBRELLA LIAB I OCCUR f EACH OCCURRENCE $
EXCESS LIAB _ CLAIMS•MADE I ~ ~ AGGREGATE ~ ~e_~
_ _.__w._____.._..~__.__.___________._____
i
DEO RETENTION $ I $
WORKERS COMPENSATION PER 0TH- i
AND EMPLOYERS' LIABILITY ~ STATUTE _ ER
ZANY PROPRIETORIPARTNERIEXECUTIVE YID N ~ ( E.L. EACH ACCIDENT i
(Mandetory~n NHM EXCLUDED? N ! A ~ ~ - _
C E.L. DISEASE - EA EMPLOYE $
If yes, describ® under
DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ~ $
B (Professional Liability ! iE000003366201 16/3/2016 6/3/2017 Limit: $2,000,000
i I ~
I ~ Deductible $5, 000
i
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHIGLES (ACORD 101, Additional Remarks Schedule, may be attached if mere space is required)
General Liability Policy includes Blanket Additional Insured & Blanket Waiver of Subrogation coverage as
required by written contract per endorsement SB146968A (attached).
CERTIFICATE HOLDER CANCELLATION
johnsonk@ashland.or.us
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, E . I . T . , Assoc . Engine ACCORDANCE WITH THE POLICY PROVISIONS.
20 East Main Street
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
S Wilson, AAI, AIC/SU ~c~1..~-~ ~ ~ -
t~J 1988-2014 ACORD CORPORATION. All rights reserved,
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
INS025 {201401)
SB~ 14696-A
(Ed. a1r~~~
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH
C,, OF THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT ORANGES THE POLICY. PLEASE DEAD IT CAREFULLY.
BLANKET AQD~T~ONAL ~i~SI~RE~ ENDORSEMENT
W[TN RRODU~TS-~OM~'LETED OPERATIONS COVERAGE
BLANKET WAIVER OF SUBROGATIGN
Architects, Engineers and Surveyors
This endorsement modifies insurance pravided under the fallowing:
BUSINESSQVVNERS LIAB1LlTY GOVERAGF FORM
BUSIN~SSOWNERS COMMON POLICY CtDNDITIONS
A. WHO IS AN INSURED Section G.) of the The insurance pravided to the additional insured
Businessowners Liability Coverage Farm 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`s, engineer`s, or sunreyar's
on this policy under a written contract ar written rendering of ar failure to render any professional
agreement; but the written contract ar written services including:
agreement must be: a. The preparing, approving, ar failing to prepare
~ . Currently in of#ect or becoming effective during the ar approve maps, shop drawings, opinions,
term of this policy; and reparts, surveys, field orders, change orders
2. Executed riot to the "bodil in'u " " ra ert ar drawings and specifications by any
p y i N P p y architect, engineer ar suNeyor perfarm~ng
damage," or "persona! and advertising injury." services on a project of which you serve as
B. The insurance pravided to the additional insured is construction manager; ar
limited as follows: b. inspection, supeNisian, quality control,
1. That person ar arganizatian is an additional engineering ar architectural services lane by
insured safely far liability due to your negligence Yau an a project a# which you serve as
specifically resulting #ram "your work" for the construction manager.
g additional insured which is the subject of the ~ "
5. This insurance does not apply to bodily injury,
written contract ar written agreement. Na "praperry damage, or "personal and advertising
coverage applies to liability resulting #ram the sale "
injury arising out af:
negligence of the ar~ditianal insured,
The Limits of Insurance applicable to the The construction ar demolition work while you
are acting as a construction ar demolition
additional insured are Chase spedfied in the contractor. This exclusion does not apply to
written contract ar written agreement or in the work done far ar by you at your premises.
= DeGlaratians of thls policy, whichever is less.
These Limits of Insurance are inclusive a#, and not C. BUSINESSOWNERS GENERAL LIABiL1TY
in addition to, the Limits of Insurance shown in the CONDITIONS - Du#les In The Event of Occurrence,
Declarations. Offense, Claim or Suit (Section E.2.} of the
= Businessowners Liability Coverage Farm is amended
3, The coverage pravided to the additional insured
within this endorsement and section titled to add the fallowing:
LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as
DEFINITIONS - "Insured Contract" ~Sectlon sawn as practicable:
F.9.}within the Businessowners Liability Coverage
" " " Qive written notice of an occurrence or an offense
Farm, does not apply to bodily injury ar properly to us which may result in a claim ar 'suit" under
damage' arising out of the "products-completed
this insurance;
--M- operations hazard" unless required by the written
contract ar written agreement.
sB-146968-A Page ~ of 2
BEd. o~las}
SB-148~fi8-A
2. Tender the defense and indemnity of any claim ar against that "suit" if no other insurer defends, we
"suit" to us far a lass we cover under this will undertake to da so, but we will be entitled to
Coverage Part; the additional insured's rights against all thane
3. Tender the defense and indemnity of any claim ar other insurers,
"suit" to any other insurer which also has When this insurance is excess aver ether
insurance far a lass we cover under #his Coverage insurance, we will pay anly 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
which the additional insured has fior a loss we ~a} The total amaunt that all such other insurance
caver under this Gaverage Part. would pay far the loss in the absence of this
We have na duty to defend or indemnify an additional insurance; and
insured under this endorsement un#il we receive (h} The total of all deductible and self-insured
written notice of a claim or "suit° firom the additional amounts under all that other insurance.
insured.
We will share the remaining loss, ifi any, with any
D. OTHER INSURANCE Section H. 2. & 3,} of the other insurance that is net described in this
Businessowners Common Policy Ganditians are Excess Insurance provision and was net bought
deleted and replaced with the fallowing: specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this
2. This insurance is excess aver any other insurance Coverage Part.
naming the additional insured as an insured
whether primary, excess, contingent ar on any E. TRANSI:ER CIF RIGHTS OAF RECI~VERY AGAINST
ether basis unless a written contract ar written OTHERS TO US ~Sectian K.2.} afi the
agreement specifically requires that this insurance Businessawners Common Policy Conditions is deleted
be either primary ar primary and noncontributing and replaced with the fallowing:
to the additional insureds awn coverage. This We waive any righ# afi recovery we may have
insurance is excess aver any ether insurance to against any person ar organization against wham 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 ar agreement because ofi payments
3. When Phis insurance is excess, we will have no we make tar injury ar damage arising out of your
duty under Coverages A ar B to defend the ongoing aparat~ans or `your work" lone under a
additianal insured against any "suit° if any ether contract with that person ar organlzatian and included
insurer has a duty to defend the additianal insured within the "products-completed operations hazard."
5~-14696-A Page 2 ofi 2
(Ed. 011a6j
www.saif.com
Oregon Workers' Compensation
Certificate of Insurance corporation
Certificate holder:
CITY OF ASHLAND
ENGINEERING DEPARTMENT
51 WINBURN WAY
ASHLAND, OR 97520
The policy of insurance listed below has been issued to the insured named below for the policy period
indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of
such policy; this policy is subject to change or cancellation at any time.
Insured Producerlcontact
Construction Engineering Consultants SAIF Corporation
PO Box 1724 Portland Service Center
Medford, Or 97501-0134 971.242.5001 servic@saif.com
Issued 04!1912017 Limits of liability
Policy 497145 Bodily Injury by Accident $500,000 each accident
Period 1010112016 to 10/01/2017 Bodily Injury by Disease $500,000 each employee
Body Injury by Disease $500,000 policy limit
Description of operationsllocationslspecial items
Important
This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the issuing insurer, authorized representative ar producer and the
certificate holder.
Authorized representative
Kerry Barnett
President and CEO
400 High Street SE
Salem, OR 97312
P: 800.285.8525
F: 503.584.9812
Policy_OLCA_Certificate0flnsurance
r hase-Order
Pu c
Fiscal Year 2017 Page: 1 of: 1
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~~~=P~~~11Q1~~1U1[~`~~P11~0~1AL1.
B ~T~~~~~ Pu- ~aQ~~IIMEC~IT~__
City of Ashland -
_
L ATTN: Accounts Payable
Purchase
L 20 E. Main ~ l 1
Ashland, OR 97520 Order#
T Phone: 5411552-2010
O Email: payable@ashland.or.us
V H CIO Engineering Division
E CONSTRUCTION ENGINEERING CONSULTANTS INC 151 Winburn Way
D PO BOX 1724 P Ashland, OR 97520
O MEDFORD, OR 97501 T Fa~n541488-600647
R O
- - - _
_1/endo~ PhQpeJVumbe~_= Tl~nd4~F~~l~u~n1~~ = _ ~a~ r~trQn= = ~m~a~ - _~~~e~r-rce-= - - -
KarlJohnson
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05/0212017 939 FOB ASHLAND ORINET30 Cit Accounts Pa able
_ - -
Engineering Services
1 Provide. City of Ashland with professional engineering services for 1 $32,040.0000 $32,040.00
the design of the partial rebuild and overlay of N. Mountain
Avenue -Hersey Street to Interstate 5 (see attached)
Contract for Personal Services Less than $35,000
Beginning date: 0510112017
Completion date: 1213112017
Project Account: E-201010-100
GL SUMMARY
081200 - 704200 $32,040.00
~
. l _~~1.~~- Date: ~ ~
uth~rize nature = _ _ - - - ~ $32 040.00
~ F,.
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n ~
~ , d
FARM#3 CITY OF
. ~ SHLAND
_ _ ~ ~
_ r ~ ~
REQUISITION Date of request: o4lls/2o1~
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 Patrick Havird, P E , President,~54~ 779-5268
Fax Number (54~ 779-3139
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emer en
❑ 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 ofWashington
Ir>termediate 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 Procuremer~ Intergovernmental Agreement
❑ ❑ Agency
$5,000 to $75,000 ❑ Form #9, Request far 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:
® Form #4, Personal Services $5Kto $75K Ualid until: (Date)
Description of SERVICES Total Cost
Provide City ofAshland with professional engineering services forthe design of the partial rebuild $32,040.00
and overlay of N. Mountain Avenue -Hersey Street to Interstate 5 (see attached)
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
Per attached quote/proposal $
Project Number 201010.100 Account Number 081200.704200
AccountNumber - - - AccountNumber___- - - -
_o
Expenditure must be charged to the appropriate accountnumbers for the financials to accuratelyreflect the actual expenditures.
ITDirectorin collaboration ~rth department to approve aUhardrrare and sofi~vare pUrchase~•
ITDirector Date Support-Yes/No
Bysigning this requisitiop~fvml, l certify tit tie;City's public contractingrequirements have been satisfied
; ~ f ~
~ ,
~ .
Employee r ~ ~~n.~. Department Head: ° ~ ~ _ ~
~ F ~ z.
(~c~ral to or greater than X5,000)
Department Manager%Su~ervisor. CityAdministrator.
°p (qual to orgreaterthan X25,000)
funds appropriated ~nrcurrentfiscal year YES ~ NO ~ ~ ~ ~ ~1 ~ f
fl/1a11Ce Diractar- (fquaJto orgreaterthan $5,000) Date
/ ~Y
Comments.• ~
Form #3 -Requisition
CITY OF
SHLAN
FORM #4
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to X75,000
To: John Karns, Interim City Administrator
From: l~~ichcrel R. ~'c~lght®I~il•ector o~P~fblic l~'o~°ks~
Date: 0.1-1 ~-201-'
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 X75,000, 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 Depar~t~~1e~~t of Pirblie I~~orks i~~tej~t is to co~~tract ~t~ith a private cons-~ltar~t the appropriate scope of
services developed, for project y7trt~~iber 2010-10.
The sCOpe O~b1'ol'k ~Or thlS p1"O~ect 1Y1C12fC~C.S p1'O~eSS10t1Cll L~11g1j2eer11?~ Se1'vtces f0T" the desigj7 Of the partlCrl
reb~rild at~d f ill o~~e~°lay of N.1l~ozr~~tcri~~ Avenz~te,~~o~~~ Herse~~ Street to It~tej°state Other 1~~~r~rk ~~~~ill
include the replacement of existing ha~7dicap access rat~~ps to j~leet carrj°ent standa~°ds.
The til~ork is expected to take place ij~ fiscal ~:~eat~ 2018 ~~t~ith a bi-rdget ar~~ount o f 532, 0-10.00. Tl1e c~~t7olrrzt
crppj~op~~iated in the current Cor~ncil apps°oved budget to pea fo~~jn this l~t~ork is 58=~D, 000 inStreet
Depar•tt~~ent Operations Fu~u~
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?
TI1e Cite of Ashland E~7gineering Division does ~7ot have the adequate staff ti~~7e or° appropriate ~~esources
to pro~~ide the scope of service cot~tej~lplated zrndej• this contj°act. In addition, no other Depat•t~nent in tl7e
Cite hers the resources or t~eehj~ical kt~~o~l~ledge to cot~lplete the 1i~o~°k associated ~1~ith this personal services
COntl"act .
Form #4 -Department Head Determinations to Procure Personal Services, Page 1 of 1, 4/18/2017