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2019-194 20190092 Rabe Consulting
PERSONAL SERVICES AGREEMENT ($25,000.00 or less) CONSULTANT: Rabe Consulting CITY OF CONSULTANT'S CONTACT: Andrea Rabe ASHLAND 20 East Main Street ADDRESS: 421 Commercial Street Ashland,Oregon 97520 Klamath Falls,OR 97601 Telephone: 541-488-6002 Fax: 541-488-5311 TELEPHONE: 541-891-2137 EMAIL: andrea@rabeconsulting.com This Personal Services Agreement (hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City")and Rabe Consulting("hereinafter"Consultant"), for wetland investigation and delineation for new road connecting to Washington Street. NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Term: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided in Section 11, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,but not later than December 31,2019. 2. Scope of Work: Consultant shall provide for wetland investigation and delineation for new road connecting to Washington Street as more fully set forth in Consultant's Scope of Work dated June 27, 2018 which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Compensation: City shall pay Consultant the sum of$1,937.00 as full compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$1,937.00 without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty (30)days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict between this Agreement and the supporting documents which cannot be resolved, the provisions of this Agreement shall control over any conflicting provisions in any of the exhibits or other supporting documents. 5. All Costs Borne By Consultant: Consultant shall, at its own risk and expense,perform the Work described above and, unless otherwise specified in this Agreement, furnish all labor,equipment, and materials required for the proper performance of such Work. Page I of 6: Personal Services Agreement with Rabe Consulting. 6. Qualifications: Consultant has represented, and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement 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. 7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $20,688.86 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant shall defend, save,hold harmless and indemnify the City and its officers, employees, and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from or arising out of, or relating to the performance of any Work pursuant to this Agreement by Consultant(including but not limited to,Consultant's employees, agents,and others designated by Consultant to perform Work or services under this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments,or other damages, caused solely by the negligence of City. 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. b. City's Convenience. This Agreement may be terminated by City at any time upon not less than 30 days' prior written notice delivered by certified mail or in person. c. For Cause. The City may terminate this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with Rabe Consulting. is iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended,or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days of the date of the notice, or within such other period as the party giving the notice may authorize in writing, then the Agreement 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 Agreement. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this Agreement if Consultant fails to provide services called for by this Agreement within the time specified herein or within 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 Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a, b,c,or d of this section, Consultant shall immediately cease all activities under this Agreement, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement documents, information, works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 F for all persons employed to perform Work pursuant to this Agreement. F 13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 Agreement; or attempts to assign rights in,or delegate duties under,this Agreement. Page 3 of 6: Personal Services Agreement with Rabe Consulting. 15. Insurance. Consultant shall, at its own expense,maintain 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 $1,000,000 (one million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the professional services to be provided under this Agreement. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 (one million dollars)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 coverage(s) without 30 days' prior 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 Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. 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. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color, religion, creed, sex, marital status, familial status or domestic partnership, national origin,age,mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 6: Personal Services Agreement with Rabe Consulting. • 17.1.2 Consultant,for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws,rules or doctrines. Any claim,action, suit or proceeding(collectively, "the claim") between the City and the Consultant that arises from or relates to this Agreement 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 its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. " 20. Force Majeure. Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 21. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this Agreement without penalty or liability to City,effective upon the delivery of written notice to Consultant,with no further liability to Consultant. Page 5 of 6: Personal Services Agreement with Rabe Consulting. 23. Certification. Consultant shall execute the certification attached hereto as"Exhibit C"and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. THE CITY OF ASHLAND, OREGON: CONSULTANT: S' nature ignature P c+- C /5/24-4,1/44—/ Aligiade Printed Name Printed Name fill x)//2 6.e.'ram. S4Weir' Title Title F C. 7-a d 1/2/A6 Date Date (W-9 is to be submitted with this signed Agreement) r e e Page 6 of 6: Personal Services Agreement with Rabe Consulting. EXHIBIT A RbeCosu1firj Striving lot a Sustainable community through educational, economic and environmental improvement June 27, 2018 RE: Wetland Investigation and Delineation for New Road in Ashland, Oregon Rabe Consulting is pleased to provide a proposal and bid for the wetland investigation and delineation of the New Road proposed in Ashland, Oregon. The site is located across from Bimart on Tolman Creek Road. The proposed approximately 800ft road will connect onto Washington Street at the 90 degree corner. The proposed road crosses Hamilton Creek. The main portion of the site has been a gravel parking lot for Independent Way Printing for several years. Rabe Consulting, started in 1997, is an environmental consulting business specializing in environmental services, particularly field surveys and document preparation for wetland delineations/mitigations, environmental site assessments (Phase 1 and 2), NEPA compliance, permits and biological assessments. Our company headquarters are located in Klamath Falls, Oregon. We provide services throughout southern Oregon and northern California. Rabe Consulting delivers a consistent quality service within the provided timeline and budget. We strive for excellence in service, while meeting the needs of government regulations and clients. Rabe Consulting is registered as a disadvantaged small business (DBE), women-owned business (WBE) and an emerging small business (ESB) concern. Rabe Consulting is also HUB Zone certified. Project Scope: Task 1 Wetland Delineation Rabe Consulting conducted a preliminary records review previous to this scope of work which indicated a small creek and associated riparian area is present within the project area. The project area is defined as the proposed road bed. The wetland delineation will be completed according to guidelines provided by Army Corps of Engineers (ACOE) in the Supplement for the Western Mountain Valleys and 421 CommercialSt, ?(amat( Falk, Oregon 97601 www.rabeconsulTting.com (541)891-2137 Coast Region. A wetland investigation will determine the presence of wetlands and waterways including creeks, both potentially jurisdictional and non-jurisdictional. A wetland delineation report will be completed for parcel. Field work for each of the sites would include soil pits to 18 inches to determine the hydrology and presence/absence of hydric soils; vegetation plots of 1 meter squared to determine the percent cover by plant species, indicating wetland versus upland plant cover; photographs of each plot and a GPS (submeter accuracy) recording of the boundary of the wetlands and locations each plots. Task 2 Submittal of Report and Response to Agency Comments After review by the City of Ashland, the delineation will be submitted to ACOE for concurrence and a PJD and to the Oregon Department of State Lands for concurrence. Rabe Consulting will respond to agency comments and revise documents as necessary. Timeline: The Task 1 within 4 weeks of the contract execution, weather permitting. Rabe Consulting understands that time is of the essence and will make every effort to have the report completed as soon as possible. Task 2 will be on-going during the review process. 421 Commercial-St, 2(Camath Fa/Cs, Oregon 97601 www.ra6econsuuting.com (541891-2137 Cost Estimate: Task 1 Wetland Delineation $ 1200 Task 2 Agency Review and Comments $ 300 DSL review fee $ 437 TOTAL $ 1937 Note 1: Rates are fully burdened including per diem, mileage and copies, as well as equipment use (submeter accuracy GPS and GIS mapping software). Note 2: Delineation reviews do not have associated review fees with ACOE. Note 3: Cost estimate is not to be exceeded unless there is a change in scope. Note 4: Scope does not include fill-removal permit, mitigation or restoration plan. Thank you for your request for a proposal for wetland delineation. If you have any questions regarding the proposal, please feel free to contact me. Respectfully submitted, Andrea Rabe, MS, PWS Professional Wetland Scientist Rabe Consulting 421 Commercial Street Klamath Falls, Oregon 97601 541-891-2137 andrea @rabeconsulting.com 421 CommercialSt, ?(Camath 'Fa(Cs, Oregon 97601 www.rabeconsuCting.com (541)891-2137 EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin' was e. $14.81 per hour, effective June 30, 2017. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: For temporary and employer and the City of $20,688.86. part-time employees, the Ashland if the contract Living Wage does not apply exceeds$20,688.86 or more. ➢ If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For ➢ For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the ➢ In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. INotice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1: Exhibit B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, 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) Consultant 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. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement, when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and (d) Consultant is qualified,professionally competent, and duly licensed (if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. Consultant's signature Date Cost Estimate: Task 1 Wetland Delineation $ 1200 Task 2 Agency Review and Comments $ 300 DSL review fee $ 437 TOTAL $ 1937 Note 1: Rates are fully burdened including per diem, mileage and copies, as well as equipment use (submeter accuracy GPS and GIS mapping software). Note 2: Delineation reviews do not have associated review fees with ACOE. Note 3: Cost estimate is not to be exceeded unless there is a change in scope. Note 4: Scope does not include fill-removal permit, mitigation or restoration plan. Thank you for your request for a proposal for wetland delineation. If you have any questions regarding the proposal, please feel free to contact me. Respectfully submitted, Andrea Rabe, MS, PWS Professional Wetland Scientist Rabe Consulting 421 Commercial Street Klamath Falls, Oregon 97601 541-891-2137 andrea @rabeconsulting.com 421 Commercial-St, Klamath Ea1Tc, Oregon 97601 www.ra6econsu1ting.com (541)891-2137 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 07/02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Melissa Brown Great Has in Insurance PO Box 69 INC NNo.Ertl' (541) 882-5507 (NANC,NO):(541) 884-0052 E-MAIL • Klamath Falls OR 97601 ADDRESS: malissa.brown®grebasin.com INSURER(S)AFFORDING COVERAGE NAICN INSURER A:Admiral Insurance Company 24856 INSURED INSURERB:SAIF Corporation 36196 Andrea Rabe DEA: Rabe Consulting INSURER C:Mutual of Enumclaw Insurance C 14761 22539 Hwy 140 E INSURER D: Dairy OR 97625 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 3175 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS INSD WVD POLICYNUMBER IMM/DDIYYYY) (MMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 AMAGE TO RENTED CLAIMS-MADE X OCCUR Y PEI-ECC-17227-04 08/22/201708/22/2018 PREMSES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Deductible $ 2,500 AUTOMOBILEUABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) C ANY AUTO Y CPP0023590 04/16/2018 04/16/2019 BODILY INJURY(Perperson) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X, AUTOS ONLY X AUTOS ONLY (Per accident) S A X UMBRELLALIAB X OCCUR FEI-ECC-17227-04 04/16/2018 08/22/2018 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ WORKERS COMPENSATION B AND EMPLOYERS'LIABILITY YIN 940762 07/01/2017 07/01/2018 X STATUTE ER ANYPROPRIETOR/PARTNERIEXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 /M OFFICEREMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liability FEI-ECC-17227-04 08/22/2017 08/22/2018 Occur/Agg $ 2M/4M A Pollution Liability FEI-ECC-17227-04 08/22/2017 08/22/2018 Occur/Agg g 2M/4M DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The City of Ashland, Public Works Department, is named as additional insured per the attached CG2037 07/04 & EA9910 11/13. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ASHLAND ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS DEPT. 20 EAST MAIN STREET AUTHORIZED REPRESENTATIVE ASHLAND OR 97520 /' #44_, ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 • idtr Andrea Rabe; dba: Rabe Consulting t Endorsement Number: 20 Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement,effective 8/22/2017 attaches to and forms a part of Policy Number FEI-ECC-17227-04.This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person(s)or organization(s) whom the Named Insured Those project locations where this agrees,in a written contract,to name as an additional insured. endorsement is required by contract. However,this status exists only for the project specified in that contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part,by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". GG 20 37 07 04 © ISO Properties, Inc., 2004 COMMERCIAL AUTO EA 99 10 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are required to include as an additional insured (2) Not used for business, farming or on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Limits of Insurance applicable to the Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission Page 1 of 4 e. Broadened Named Insured under this policy. No deductible applies to Any business entity newly acquired or this coverage. formed by you during the policy period (1) We will pay only for those expenses provided you own 51% or more of the incurred as a result of a covered "loss" business entity and the business is not occurring during the policy period separately insured for Business Auto beginning 24 hours after the"loss" and Coverage. Coverage is extended up to a ending, regardless of the policy's maximum of 90 days following acquisition expiration, with the lesser of the or formation of the business entity or until following number of days: the end of the policy period, whichever (a) The number of days reasonably comes first. required to repair or replace the f. Employee Hired Auto covered "auto". If"loss" is caused An"employee"of yours is an"insured"while by theft, this number of days is operating an "auto" hired or rented under a added to the number of days it contract or agreement in that "employee's" takes to locate the covered "auto" name, with your permission, while and return it to you; or performing duties related to the conduct of (b) 10 days. your business. (2) Our payment under this Coverage Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and Extension (4.a.) is limited to the lesser replaced with the following: of the necessary and actual expenses 2. Coverage Extensions incurred or the maximum amount shown, $250. a. Supplementary Payments (2) Up to $2,500 for cost of bail bonds (3) Coverage under this Coverage ( ) P Extension (4.a.) does not apply while (including bonds for related traffic law there are spare or reserve "autos" violations) required because of an available to you for your operations. "accident"we cover. We do not have to furnish these bonds. The following is added to Paragraph A.4.: (4) All reasonable expenses incurred by c. Transportation Expenses - Theft of a the "insured" at our request, including Private Passenger Auto actual loss of earnings up to$300 a day In the event of "loss" to a covered private because of time off from work. passenger type "auto" caused by a total The following changes revise SECTION III—PHYSICAL theft which is covered by Comprehensive or DAMAGE COVERAGE Specified Causes of Loss Coverage on this policy, we will pay up to $25 per day to a This coverage applies only for a covered "auto" for maximum of $500 for transportation which Physical Damage Coverage is provided for on expenses incurred by you as a result of that this policy. "loss". The following is added to Paragraph A.3: (1) We will pay for transportation expenses Glass Repair—Waiver of Deductible incurred during the period beginning No deductible will apply to glass breakage if such 264 hours (11 days) after the"loss". glass is repaired in a manner acceptable to us (2) Regardless of the policy's expiration, rather than replaced. our reimbursement of your Paragraph A.4.a. is deleted and replaced with the transportation expenses under this following: Coverage Extension will end when the covered "auto" is returned to your use 4. Coverage Extensions or we pay for its"loss". a. Limited Rental Reimbursement or Travel (3) No deductible applies to this Coverage Expense Extension. We will pay up to $25 per day to a d. Tapes, Records and Discs maximum of$250 for rental reimbursement We will pay for "loss" to tapes, records, expenses for the rental of an "auto" or other compact discs, or other similar devices transportation expense incurred by you used with audio, visual or data electronic because of"loss" to a covered "auto"which is covered by Comprehensive, Specified devices. Causes of Loss, or Collision coverage (1) We will pay only if the tapes, records, compact discs, or other similar devices: EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 4 (a) Are your property or that of a family (d) Animals, private passenger"autos," member; or motorcycles, aircrafts, boats or any (b) Are the property of an "employee" other motorized vehicles or their using a covered "auto" in your equipment, furnishings or business affairs at the time of the appurtenances. "loss"; and (e) Equipment or accessories while (c) Are in a covered "auto" which your Travel Trailer, "Camper" or sustains other covered "loss" under Motor Home is leased or rented to Comprehensive or Collision any organization or any person coverage at the time of the"loss" to other than you or a family member. tapes, records, compact discs, or (2) The maximum we will pay for "loss" is other similar devices. the lesser of: (2) The most we will pay for "loss" under (a) The actual cash value of the this Coverage Extension (4.d.) is$200. personal property at the time of (3) Physical Damage Coverage provisions "loss"; apply to this coverage, except that any (b) The cost of repairing the damage; deductible applicable to or Comprehensive or Collision coverage (c) The cost of replacing the damaged does not apply to this Coverage personal property with other Extension (4.d.). personal property of like kind, The exclusion referring to tapes, records, condition, quality and value. discs or other similar audio, visual or data g. Vacation Expense Allowance electronic devices designed for use with audio, visual or data electronic equipment We will pay you $50 per day to a maximum does not apply. of$500 for extra expenses when a Travel e. Camper Bodies Trailer, "Camper" or Motor Home is a scheduled auto for physical damage In the event of a "loss" to a detached coverage, and the Travel Trailer, "Camper" "camper," physical damage coverage will or Motor Home: apply as if it were part of the covered "auto" (1) Is damaged or destroyed and is on which it is rated. uninhabitable; and f. Contents of a Travel Trailer, Camper or (2) While being used for vacation purposes Motor Home within the policy period. When a Travel Trailer, "Camper" or Motor Extra expenses must be supported by Home is a scheduled auto for physical receipts or other valid evidence. damage coverage, we will pay up to $1,000 for"loss" to personal property belonging to The following is added to Paragraph A.: you or a family member that is within the 5. Extra Expense—Broadened Coverage Travel Trailer, "Camper' or Motor Home. We will pay for the direct expense of the We will pay up to $250 for"loss"to personal returning of a stolen covered "auto"to you. We property belonging to you or a family will pay only for those covered "autos"for which member that is outside the Travel Trailer, you carry Comprehensive or Specified Causes "Camper"or Motor Home. of Loss Coverage. This coverage will only (1) We will not pay for"loss"to: apply to vehicles recovered inside the 48 (a) Articles carried or held for sale, contiguous United States. This coverage does storage or repairs, or for later not apply to an"auto"we deem a total "loss". delivery; goods kept to show or sell; The following is added to Paragraph B.3.a.: or theatrical wardrobes. Airbag Coverage—Accidental Deployment (b) Business, store of office furniture or However, this exclusion does not apply to the equipment. unintended inflation of an airbag if the inflation (c) Records or accounts, money, is caused by mechanical or electrical bullion, deeds, contracts, evidences breakdown. of debt, securities, tokens or tickets, stamps in current use or manuscripts. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 4 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident" is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". The following is added to Paragraph B.5. e. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a.above will apply. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 4 Purchase Order ' Pgi 1111/r r __.`, ,:yT,� _'1a Fiscal Year 2019 Page: 1 0 : 1 �e,>t i �C^ C bi��1`i'ii"�i�.r.1 i TRI P LINT FIB PL ?N=RL=1 .NIX$ & P-RI� tE__1 B City of Ashland — I ATTN: Accounts Payable Purchase L L 20 E. Main Order# 20190092 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Public Works Department ERABE CONSULTING I 51 Winburn Way N 421 COMMERCIAL STREET p Ashland, OR 97520 O KLAMATH FALLS, OR 97601 T Fax Phone: 4 8-5 47 R O Paula Brown t T-dere-- m°° _— I IREL -a.6 hE —S �rrrr� 51-er- ear: _=ei '= 07/13/2018 4057 FOB ASHLANDOR/NET30 City Accounts Payable Wetland Delineation 1 Wetland delineation for new road, connecting to Washington 1 $1,937.0000 $1,937.00 Street Personal Services Agreement ($25,000 or less) Completion date: 12/31/2019 Project Account: E-201325-999 *************** GL SUMMARY*************** 081200-704200 $1,937.00 I By: Date: II71l __ uthorize•-i nature =°-eau=. 0: $1 937.00 � 9 i 'V(0 C,P3 FORM #3 y_„9e...4e CITY OF A request for a Purchase Order ASHLAND REQUISITION 1 q �� �ate ofrequest: 061282018 Vendor Name 4 Rabe Consulting W L-- I Address,City,State,Zip 421 Commercial Street Klamath Falls,OR 97601 Contact Name Andrea Rabe -----• Telephone Number 541-891-2137 Email address andreaRrabeconsultinq.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal (Copies on file) Cooperative Procurement Less than$5,000 ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written 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 _ ID Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals/written 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 Wetland delineation for new road,connecting to Washington Street $ 1,937.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost III ❑ Per attached quote/proposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number 201325 -_ _ _ Account Number 081200 - 704200 $ 1937_00 ,_ _ _ _ _ Project Number -_ _ _ Account Number - $_,_ _ _,_ _ _•_ _ Project Number -_ _ _ Account Number - $_,_ _ _,_ _ _•_ _ IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,/certify that the City's public contracting requirements have been satisfied.�f 1 T Director Date Support-Yes/No Employee:\JC\4V\ ) i t Ill<"+.)- -_ ' _ ) 1 Department Head: //tea k )- 9Jif t, I9/g t, (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition