HomeMy WebLinkAbout2017-132 Contract - Construction Engineering Consultants
Contract for Personal Services less than $35,000.00
C 1 T Y 4 F' CONSULTANT: CEC Engineering
~,S ~I LAN I)
CONTACT: Tony Bakke
20 East Main Street
Ashland, Oregon 97520 ADDRESS: PO Box 1724, Medford, OR 97501
Telephone: 541 /488-6002
Fax: 5411488-5311 TELEPHONE: 541-779-5268 x231
DATE AGREEMENT PREPARED: 11-28-16 EMAIL: tony@cecengineering.com
BEGINNING DATE: Ma 16, 2017 COMPLETION DATE: Jul 7, 2017
COMPENSATION: Maximum $18,500
SERVICES TO BE PROVIDED: Consultant to provide constructible documents for remediation area plus
revised 12000 action plan for the Lithia Springs Wetland Mitigation Project, per Exhibit C (proposal)
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said prima 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 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 any losses, expenses, claims, subrogations,
actions, costs, ~ud ments, or other lama es, direct/ ,sole) ,and roximatel caused b the ne li ence of Cit .
Contract for Personal Services less than $35,000.00, 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:
$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, 1000 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:
$100,000, $500,000, 1000-000, or Not Applicable for each accident for Bodil In~ur and Pro ert Dama e,
Contract for Personal Services less than $35,000.00, 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 Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional
Liability and Workers' Compensation, required herein, but only with respect to Consultant's services to be provided
under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance
coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to
commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds.
Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions andlorself-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
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 si n the certification attached hereto as Exhibit A and herein incorporated b reference.
onsultant: City of Ashland
__n.. _:o _
By By
Signature . Depar~~ett ead
:r
Print Name Print Name
e.~ ~ s"l t ~
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Personal Services less than $35,000.00, Page 3 of 5
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a} the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
(1) 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.
Contract r (Date)
Contract for Personal Services less than $35,000.00, Page 4 of 5
~ ~ ~ 1 ~ ~
EXHIBIT B
~ o s an
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' - per hour effective June 30, 2016
(Increases annually every June 30 by the
Consumer Price Index
- ~ - ~ . ~ portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten 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 undera 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.
CITY OF
~S H LA N D
Contract for Personal Services less than $35,000.00, Page 5 of 5
EXHIBIT C - PROPOSAL
o~sTRUC~~Io
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ENGINEERING r,
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P.O. BOX 1724 • MEDFORD, OR 97501 • PH (541) 779-5268
CIVIL ENGINEERING SERVICES PROPOSAL
FOR
Lithia Springs Remedial Action Design
(City of Ashland Project No, - }
SUBMITTED T0:
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS ENGINEERING
ATTN: Kaylea Kathol
Submitted by:
Construction Engineering Consultants Inc. {Corporation)
Federal Tax ID: 931103509
Tony Bakke, P.E., Vice President
132 West Main Street, Suite 103
Medford, OR 97501
Phone: (541) 779-5268, ext. 231
Email: tony@cecengineering.com
~7
Tony Bak e, P.E., Vice President D to
Project Description:
The proposed project consists of Professional Engineering Services for generating construction plans
as outlined in the scope of work below and the RFP dated April 28, 2017. The plans will direct the
Contractor to implement remedial action in the affected wetlands.
Anticipated Scope of Work:
Task 1: Lead Shot Reclamation:
Remove Task 1 from Scope of Work per conversations with Kaylea Kathol
Task 2: Drainage Installation:
Design a drainage system and construction specifications to rout existing water sources
from the Remedial Action Area (RAA) to an intake of a man-made upwell spring which will
supply hydrology to the proposed adjacent mitigation wetlands. Construction plans to
include interface with the point of connection of the up-well spring, similar to the approved
mitigation wetland construction plans.
Task 3: Backfill and Site Restoration:
Develop construction documents {Grading Plan) for the lead contaminated soil removal,
stockpiling lead contaminated soil, backfilling of the RAA, and final restoration of the RAA.
Seeding requirements to be incorporated in#o the erosion control plans. The Remedial
Action Plan will be followed as required by the permit to provide direction to the Contractor
for lead contaminated soil removal and stockpiling. Coordinate with the Ashland Gun Club
for lead contaminated soil stockpile location. Lead reclamation specifications are excluded
from this task/scope of work.
Task 4: Erosion and Sediment Control Plan (ESCP):
Modify current erosion control plans to include the wetland remediation area. CEC to provide
revised 12000 application forms, full-size plans, and CD with PDF files for inclusion with the
12000 application. City of Ashland to submit 12000 application to DEQ. Erosion control
inspections not included. (Permit fee, if required, to be paid by City of Ashland)
Task 5: Estimate of Construction Costs:
Provide an Opinion of Probable Construction Costs (OPCC) for all phases of remedial action
construction to assist the City in the solicitation of multiple bids. The OPPC will include line
item units, volumes, and materials. Estimated costs of lead reclamation is excluded from this
tasklscope of work.
Professional Services
Civil Engineering Services: (CEC) ....................................$14,500.00
DEQ 12000 Permit Action Plan: (CEC} ...............................$2,000.00
Anticipated Cost of Services :.................................................$16,500.00
Recommended Budget amount for Professional Services:........$18,500.00
Construction Engineering Consultants, Inc.
Service Fee Schedule:
Principal - $125/hour
Professional Engineer - $1101hour
Project Designer - $95lhour
Engineering Tech - $85/hour
CAD Tech - $751hour
Inspector - $751hour
4
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AcoRa 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 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certfficate holder is an ADDITIONAL INSURED, the pollcy(1es) 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 Susan Wilson, AAI, AIC
NAME;
Brown & Brown Northwest PHONE (541) 772-1111 FAX {591)772-3785
C o t ~ AIC Na
3256 Hillcrest Park Drive EMAIL swilson@bbnw.com
ADDRESS;
INSURERS AFFORDING COVERAGE NAIC #
Medford OR 97504 INSURER A :American Casualt Ca of Readin PA 20427
INSURED INSURER B ;Admiral Insurance Co an 24856
Construction Engineering Consultants, Inc. IN5URERC;
P 0 BOX 1724 INSURER D ;
INSURER E ;
Medford OR 97501 1NSURERF:
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.
iNSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DDY EFF PM ~DY EXP LIMITS
LTR
COMMERCIAL GENERAL LU1BILtTY EACH OCCURRENCE $ 1, 000, 000
DAMAGE TO RENTED 300, 000
A CLAIMS-MADE ~ OCCUR PREMISES Ea occurrence $
2067238517 3/15/2017 3/15/2018 MED EXP (Any one person) $ 10, 000
PERSONAL ~ ADV INJURY $ 1, 000, 000
GEN'LAGGREGATELIMITAPPLIESPER: GENERAL AGGREGATE $ 2,000,000
R POLICY ❑ j~ a ~ LOC PRODUCTS • COMPIOP AGG $ 2, 000, 000
Pollution Liability $ 1, 000, 000
OTHER:
AUTOMOBILE UABIUTY Ea accldeotSINGLE LIMIT $ 1, 000, 000
ANY AUTO BODILY INJURY (Per person) $
A ALL OWNED SCHEDULED
AUTOS AUTOS 2067238517 3/15/2017 3/15/2D18 BODILY INJURY (Paraccideni) $
NON•OWNED PROPERTY DAMAGE $
X HIRED AUTOS ~ AUTOS Peraaudent $
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS UAB CLAIMS•MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION 6TATUTE ~RH
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERlEXECUTIVE YIN E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? a N I A
(Mandatory In NH) E,L. DISEASE - EA EMPLOYE S
It yes, describe under E,L, DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS below _
B Professional Liability E000003366201 fi/3/2016 6/3/2017 Limil: $2,000,000
Deductible $5, 000
DESCRIPTION OF OPERATIONS 1 LOCATIONS JVEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mare space is required) j
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 Wz.lson, AAI, AIC/SU 1"L
01988.2014 ACORD CORPORATION. Ali rights reserved,
ACORD 25 (20141U1) The ACORD name and logo are registered marks of ACORD
INS025 (2o~ao~)
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{Ed, Of106}
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL
INSURED IN THE EVENT OF OCCURRENDE, OFFENSE, CLAIM OR SUIT, SEE PARAGRAPH
C., Olr THIS ENDORSEMENT FOR THESE DUTIES.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT DAREFULLY.
BLANKET ADDITIONAL INSURED END~RSEMSNT
1NITH PR~3DUCTS-COMPLETED ~PERATlONS OVERAGE
BLANKET ~VAIUER OF SURRflGATl~7N
Architects, Engineers antl Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS LIABILITY GoVERAGB FORM
BUSINESSOWNERS CoMMaN POLICY CONDITIONS
A. I~UHO IS AN INSURED {Section C,} of the The insurance provided to the additional insured
Businessawners 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
wham you are required to add as an additional insured out of an architect`s, engineer's, or surueyor's '
on this policy under a written contract or 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, or failing to prepare
Currently in effect or becoming effective during the or approve maps, shop drawings, opinions,
term of this policy; and reports, surveys, field orders, change orders _
Executed prior to the °bodily injury," "property or drawings and specifications by any
damage," or "personal and advertising injury,° architect, engineer or surveyor performing
services on a project of which you serve as
B, The insurance provided to the additional insured is construction manager; or
limited as follows: b. Inspection, supervision, quality control,
~ 1. That person ar organization is an additional engineering ar architectural services done by
0
insured solely for liability due to your negligence you on a project of which you serve as
specifically resulting from "your work" for the construction manager,
g additional insured which is the subject of the This insurance does not apply to "bodily injury,"
~ written contract nr written agreement, No "property damage," ar "personal and advertising
h coverage applies to liability resulting from the sole injury" arising nut of:
N negligence of the additional insured,
N The Limits of Insurance applicable to the a• The construction or demolition work while you
additional insured are those specified in the are actjng as a construction or demol3t~an
contractor, This exclusion does not apply to
- written contract or written agreement or in the
work lane for or by you at your premises.
Beclaratians of this policy, whichever is less,
These Limits of Insurance are inclusive of, and not C. BUSfNESSOWNERS GENERAL LfABILITY
in addition to, the Limits of Insurance shown in the CONDITIONS -Duties In The Event of Qccurrenee~,
Declarations, Offense, Claim or Suft Section E,2.} of the
Businessawners Liability Coverage Form is amended
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 - °It~sured Contract" ~Sectlon soon as practicable:
F.9.}within the Businessowners Liability Coverage
~ Give written notice of an occurrence or an offense
Form, does not apply to "bodily injury" or "properi~+ '
damage arising out of the products-completed to us which may result in a claim or 'suit" under
operations hazard" unless required by the written this insurance;
contract or written agreement,
Sg~i46968-A Page 1 of 2
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N~IN~~f~If~G DPA~TG~NT
~1 W1t~~Ui~N ~~lAY
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The pt~iicy cf insurance listed below has been issued t~ the inured named beiaw fcr the policy period
indicated. Tire insurance afforded by this paiicy is subject to ati the tei~ms, exclusions and conditions of
such policy; this policy is subject tca~ change or canceilatit~n at a~€y time.
insured ~roducerl~ontact
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Purchase order
Fiscal Year 2017 Page: 1 of: 1
_ _
W=.
B City of Ashland
~ ATTN: Accounts Payable
20 E. Main Purchase
L 730
Ashland, OR 97520 Order #
T Phone: 5411552-2010
O Email: payable a~ashland.or.us
~ N CIO Public Works Department
E CONSTRUCTION ENGINEERING CONSULTANTS INC 151 Winburn Way
D PO BOX 1724 p Ashland, OR 97520
O MEDFORD, OR 97501 T Faxo~5411488 000647
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05/10/2017 939 FOB ASHLAND ORINET30 Cit Accounts Pa able
Construction Documents
1 Construction documents to be provided for wetland remediatian 1 $18,500.0000 $18,500.00
related to Lithia Springs Property wetland restoration.
Contract far Personal Services less than $35,000
Beginning date: May 10, 2017
Completion date: July 7, 2017
Project Account: E-200907-999
GL SUMMARY
I I 082400 - 6041 00 $18,500.00 I
By: .~,r`~,,..-s'` Date. ~ ~ 1
~~;uthorized Signature - 50U.00
F0~#3 CITY OF
_ a _ SHLAND
_ ~
REQUISITION
y,~` ~ ~ ~ ~ Date of request: 5112117
~m f rdelive 5117117
Required date o ry
Vendor Name Construction Engineering Consultants
Address, City, State, Zlp PO Box 1724 Medford, OR 97501
Contact Name & Telephone Number Tony Bakke (541) 779-5268 x231
Fax Number tony@cecengineering. com
SOURCING METHOD _
❑ Exempt from Competitive Bidding ❑ Emergenc}t
❑ 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 uote 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 #
❑ Verbal/Written quote(s) orproposal(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 $15,000 ❑ Form #9, Request for Approval ❑ Agency
® Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
(Date)
❑ (3) Written proposalsiwritten solicitation Date approved by Council; _ (Attach copy of council communication)
® Form #4, Personal Services $5K to $75K Valid until; Date
Description of SERVICES Total Cost
Consultant to provide construction documents for wetland
remediation related to Lithia Springs Property wetland $18,500
restoration, per exhibit C.
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
® Per attached quotelproposal
Project Number 200907.999 Account Number 082400-604100
Account Number Account Number
Expenditure must be charged to 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 Date Support-Yes / No
By signing this requisiti orm, I certify th~ he City'~tlic contracting requirements have been satisfied.
, _ De artment Head: ~ ~ ° ~ ~ ~r~ ~ ~ a~y
Employee. ~ p
~ ~ ~
(Equal to or g eater than $5,000)
s. /
Department ManagerlSuperviso~~: ~ ~ City Administrator:
~ ~ ~ y,~~P-~:-Equal to or greaterthan $25,000)
Funds appropriated for current fiscal year: YES ~ NO ~ ~
InanCe Dlrr (Equal fo or greater than $5,000) Date
Comments:
Form #3 -Requisition
CITY OF
SHLAND
FORM #4
DETERMINATIONS TO PROCURE
PERSONAL SERVICES
$5,000 to X75,000
To: John Karns, Public Contracting Officer
From: Mike Faught
Date: 5/12/17
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
Public Works intents to commission Construction Engineering Consultants to develop construction
documents for wetland remediation relating to Lithia Springs Property wetland restoration project. The
contractual statement of work, as provided in the enclosed proposal (exhibit C), sets forth Public Work's
plan for utilizing CEC's services. Specifically, CEC will develop plans for draining and filling
contaminated wetlands, as well as an erosion and sediment control plan to support a 1200-C permit
application, required by the Oregon DEQ for projects that disturb more than one acre of land. While the
estimated cost is $16,500, we've budgeted $18,500. Work will commence on approximately May 17,
2017, and will be completed by July 7, 2017.
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 does not have staff qualified to prepare construction documents related to wetland remediation.
Form #4 -Department Head Determinations to Procure Personal Services, Page 1 of 1, 511212017