Loading...
HomeMy WebLinkAbout2019-279 20200260 Coleman Creek Consulting PERSONAL SERVICES AGREEMENT LESS THAN $25,000) CONSULTANT: Coleman Creek Consulting, Inc. CITY OF -AS H LAND ADDRESS: 810 Leonard Street 20 East Main Street Ashland, OR 97520 Ashland, Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 541-535-7108 Fax: 541/488-6006 EMAIL: fawbro(d)ccountry.net This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Coleman Creek Consulting, Inc., a domestic professional corporation ("hereinafter "Consultant"), for asbestos survey at Briscoe School roof. NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and Consultant hereby agree as follows: 1. Effective Date and Duration: 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 herein, 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 February 28, 2020. 2. Scope of Work: Consultant will provide asbestos survey at Briscoe School roof as more fully set forth in the Consultant's Estimate dated 10/14/19, 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. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. All Costs Borne by Consultant: Consultant shall, at its own risk, 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. 5. Qualified Work: 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. Page I of 5: Personal Services Agreement with Column Creek Consulting 6. Compensation: City shall pay Provider for its Work at the hourly rates as set forth in Exhibit "A" (Estimate of Services), which is attached hereto and incorporated herein by this reference, as full compensation for Provider'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 $2,000.00 (two thousand dollars) 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 tenninated 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. 7. Ownership of Work/Documents: All Work, work product, or other 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 27913.220, 27913.230 and 27913.235. 9. Living Wage Requirements: If the amount of this Agreement is $21,507.75 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 hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, 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 perfonmance of this Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to 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 thirty (30) days' prior written notice delivered by certified mail or in person. C. For Cause. City may terminate or modify 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 5: Personal Services Agreement with Coleman Creck Consulting 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 the Work 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. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. 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. 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. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon Workers' Compensation coverage for its subject workers, unless such employers are exempt under ORS 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b. Professional) Liability insurance with a combined single limit, or the equivalent, of not less than On nc t . ocX7t Cpl Ili dollars) per occurrence. This is to cover any damages caused by error, omission or neg. rgent cts related to the Work 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. Page 3 of 5: Personal Services Agreement with Coleman Creek Consultin; 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 thirty (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 and endorsements prior to commencing the Work under this Agreement. 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 riles, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 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: (1) 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: This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue. Page 4 of 5: Personal Services Agreement with Coleman Creek Consulting 19. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 20. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, EITHER 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. 21. 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. CITY OF ASHLAND: COLEMAN CREEK CONSULTING (CONSULTANT): By: 114L~ By Signature Signature Printed Name p Printed Name J~~ y X t~, ~J12 rf~°~~cQ~ Title TitleG Date Date (W-9 is to be submitted with this signed Agreement) ell- Purchase Order No. Page 5 of 5: Personal Services Agreement with Coleman Creek Consulting Exhibit A C3 Coleman Creek Consulting, Inc. ESTIMATE OF SERVICES City of Ashland ESTIMATE DATE: 10-14-19 90 N. Mountain Avenue SERVICE DATE: TBD Ashland, OR 97520 PROJECT 19-170A Attention: Wes Hoadley Asbestos Roof Survey, Briscoe School, 265 N. Main Street, Ashland, Oregon. Report and Recommendations. Estimate Based on Collection of 35 Samples. Invoice Will be of Actual Number of Samples Collected. ASBESTOS ANALYSIS 202A Bulk Asbestos Analysis 25. per sample x 35 875. ASBESTOS CONSULTING 205A Asbestos Survey/Travel 60. per hour x 8 480. 207A Asbestos Survey Report 60. per hour x 8 480. 307L ROOF PATCH 900. 209A MILEAGE 0.60 per mile x 10 6. 211 A PROJECT SUPPORT 50. TERMS: NET 10 DAYS TOTAL $1,885. SUBMITTED BY: Coleman Creek Consulting, Inc. David W. Fawcett 810 Leonard Street Director of Asbestos Operations Ashland, OR 97520 ACCEPTED BY: City of Ashland Signature Date 810 Leonard Street, Ashland, Oregon 97520 541-535-7108 Phone EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING • • • • WAGE per hour, effective June 30, 2019. /r® The Living Wage is adjusted 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 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 $21,507.75. part-time employees, the Ashland if the contract Living Wage does not apply exceeds $21,507.75 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, iarprnu u., Caii 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 -AS H LAN D Page I of I 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: (1) 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. l/ (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 I Page I of I EXHIBIT C Business Registry Business Name Search New Search Business Entity Data 10-244--22019 01 Entity Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 719822-85 DBC ACT OREGON 12-01-1999 12-01-2019 l'F.S Entity Name COLEMAN CREEK CONSULTING, INC. Foreign Name Online Renewal: Renew Online Click here to generate and print an annual report. New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 810 LEONARD ST Addr 2 CSZ ASHLAND OR 97520 Country UNITED STATES OF AMERICA Please click here for general information about registered agents and set-vice ofprocess. Type AGT REGISTERED AGENT Start Date 12-01- Resign Date 11999 Name DAVID W FAWCETT Addr 1 810 LEONARD ST Addr 2 CSZ ASHLAND OR 9750 Country UNITED STATES OF AMERICA Type MAL AILING ADDRESS Addr 1 810 LEONARD ST Addr 2 CSZ ASHLAND OR 97520 Country tTNITED STATES OF AMERICA Type PRE PRESIDENT Resign Date Name DAVID W FAWCETh Addr 1 810 LEONARD STREET Addr 2 CSZ ASHLAND JOR 197520 1 jCountryjUNITED STATES OF AMERICA Type SEC SECRETARY Resign Date Name DAVID W FAWCETT Addr 1 810 LEONARD STREET Addr 2 CSZ ASHLAND OR 97520 Country UNITED STATES OF AMERICA New Search Name History Business Entity Name Nam Name Start End Date T e Statu Date COLEMAN CREEK CONSULTING, INC. EN CUR 12-01-1999 Please read before ordering Copies. New Search Summary History Image Transaction Effective Name/Agent Dissolved By Available Action Date Date Status Change ® MENDED ANNUAL 12-04-2018 FI PORT MENDED ANNUA ® REPORT 11-28-2017 FI MENDED ANNUAL ® PORT 11-23-2016 FI MENDED ANNUAL 11-12-2015 FI REPORT MNDMT TO ANNUAL RPT/INFO 08-24-2015 FI STATEMENT MENDED ANNUA 11-18-2014 FI PORT MENDED ANNUAL ® PORT 11-22-2013 FI MENDED ANNUAL ® PORT 01-18-2013 FI MENDED ANNUAL 11-29-2011 FI REPORT ANNUAL REPORT 11-09-2010 SYS PAYMENT ANNUAL REPORT 11-23-2009 SYS PAYMENT rAY UA L REPORT 12-01-2008 SYS MENT DMT TO 12-19-2007 FI AL RPTIINFO STATEMENT ANNUAL REPORT 12-19-2007 Fl ANNUAL REPORT 11-09-2006 SYS PAYMENT ANNUAL REPORT 11-03-2005 SYS PAYMENT ANNUAL REPORT 11-05-2004 SYS AYMENT ANNUAL REPORT 11-18-2003 SYS PAYMENT ANNUAL REPORT 10-25-2002 SYS PAYMENT ANNUAL REPORT 01-03-2002 FI CHANGED 12-06-2000 FI RENEWAL STRAIGHT 12-05-2000 FI RENEWAL NEW FILING 12-01-1999 FI © 2019 Oregon Secretary of State. All Rights Reserved. ACC>Rh CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDII'Yl'Y) 10/25/2019 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: Tom Xaldunski Hart Insurance Agency - Medford PHONE FAX PO Box 1240 1". No Ext). (541) 779-4232 NC No: E-MAIL Grants Pass OR 97528 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURERA: Ohio security Insurance Com an 24082 INSURED (541) 535-7108 INSURER B: Admiral Insurance Company 24856 Coleman Creek Consulting Inc. INSURER C: 810 Leonard Street INSURERD: Ashland OR 97520 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 11658 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 ADDL SUBR POLICYEFF POLICYEXP LTR TYPE OF INSURANCE POLICYNUMBER MMIDDrYNNY MMIDDIYYYY LIMITS B X COMMERCIALGENERALUABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE Ix I OCCUR Y Y FfiIECC13827 03/18/2019 03/18/2020 PREMISES Eacccurrence $ 50,000 MED EXP(Any one person) $ 5,000 PERSONALS ADV INJURY $ 11000,000 GEVL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 % POLICY PRO- JECT 71 LOC PRODUCTS -COMPIOPAGG $ 2,000,000 OTHER: Professional Liabi $ 1,000,000 AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT $ Ea accident 1,000,000 A ANY AUTO Y BAS16324209 01/01/2019 01/01/2020 BODILY INJURY (Per person) $ X OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Peracddent S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION PER OTH. AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L. EACH ACCIDENT S OFFICERNEM BERE CLUDED7 (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE S It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 3 DESCRIPTION OFOPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space is required) Certificate holder is listed as additional insured per attached forms ECC3190712, ECC5480712 and ECC3200712. Project #19-170A, Asbestos Roof Survey, Briscoe School, 265 N. Main Street, Ashland OR. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Ashland, Oregon, its Elected Officials, Officers & Employees 20 E Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 Coleman Creek Consulting, Inc. Endorsement Number: 5 ADMIRAL Automatic Additional Insured - Owners, Lessees or Contractors This endorsement, effective 3/18/2018 attaches to and forms a part of Policy Number FEI-ECC-13827-05. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of $Anolied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 I Coleman Creek Consulting, Inc. Endorsement Number: 6 ADMIRAL Automatic Waiver of Subrogation Endorsement This endorsement, effective 3/18/2018 attaches to and forms a part of Policy Number FEI-ECC-13827-05. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company snakes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 Coleman Creek Consulting, Inc. Endorsement Number: 17 AOM/AAL ~'1° Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 3/18/2018 attaches to and forms a part of Policy Number FEI-ECC-13827-05. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Apolied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. ECC-548-0317 CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR (initials) ■ Contractor is a sole proprietor, and ■ Contractor has no employees, and ■ Contractor will not hire employees or subcontractors to perform this contract. CORPORATION -FOR PROFIT (Initials) ■ Contractor's business is incorporated; and ■ All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and ■ All work will be performed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT (Initials) ■ Contractor's business is incorporated as a nonprofit corporation, and ■ Contractor has no employees; all work is performed by volunteers, and ■ Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP (Initials) ■ Contractor is a partnership, and ■ Contractor has no employees, and ■ All work will be performed by the partners; Contractor will not hire employees or subcontractors to perform this contract, and ■ Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMITED LIABILITY COMPANY (Initials) ■ Contractor is a limited liability company, and ■ Contractor has no employees, and ■ All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this contract, and ■ If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** -A z (Signature of Authorized Signer) (Date) (Signer'sTitle *NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. II CITY OF -ASHLAND Memo DATE: October 25, 2019 TO: Paula Brown, Director of Public Works FROM: Kaylea Kathol, Project Manager RE: Low Risk, Less Stringent Insurance Coverage for Coleman Creek Consultants It is my intention to hire Coleman Creek Consultants to provide asbestos surveying services in support of roof eplacement at Briscoe School. This company carries insurance coverages that are lower the City's standards, including $1 M general liability (City requires $2M) and $1 M automobile liability (City requires $2M). I believe the City's requirements are not necessary for this project based on the reasons provided below. General Liability It is my opinion that the risk associated with the services requested is sufficiently low to justify waiving the City's higher general liability insurance requirements. There are multiple factors that contribute to my opinion of low risk, foremost is the nature of the services provided. The consultant will use hand-held tools to precisely chisel core samples from the flat roof of Briscoe School. Power tools, heavy equipment, aerial platforms, or other work methods we may consider "higher risk" are absent from this job. Work will be performed in an area that is entirely inaccessible to the public, thereby eliminating the risk of darnages to the public. In fact, the consultant will access the roof via an existing hatch in the building, so access ladders that might otherwise pose a risk to the public will be absent from this project. Also contributing to my opinion of low-risk is the temporal scope of service Cascade Research will be providing. The work to be performed will not take more than two days, including patching the areas where samples were taken. The short duration further reduces risk on a project that is already low-risk. Automobile Liability This project will not require the operation of a vehicle on City-owned property. The consultant will use a vehicle to transport himself to the job site. The vehicle will park in the public right-of-way on Laurel or Manzanita Street, as available. The consultant has visited the site before to develop an estimate, and is familiar with access, egress and parking. It is reasonable to conclude that experience and familiarity with a route further reduces risks associated with operating an automobile along said route. Past Performance The consultant has worked for me on one previous occasion, providing asbestos surveys at Pioneer Hall. He has no record of claims or disputes with the City. I've observed his conduct to be consistently circumspect. Page I Of lI Of I ~r, Purchase Order Fiscal Year 2020 Page 1 of 1 1 HIS PO NUMBER ~-AUSYAPPEAR ON ALL B City of Ashland lNVOIC,ES, AND SHIPPING DOCUMENTS ATTN: Accounts Payable Purchase L 20 E. Main 20200260 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E COLEMAN CREEK CONSULTING, INC 1 51 Winburn Way N 810 LEONARD STREET P Ashland, OR 97520 D ASHLAND, OR 97520 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Paula Brown 11/15/2019 3538 FOB ASHLAND OR/NET30 Cit Accounts Pa able Asbestos Survey Briscoe Roof 1 Asbestos survey Briscoe School roof 1 $2,000.0000 $2,000.00 Personal Services Agreement (Less than $25,000) Completion date: 02728/2020 Project Account: GL SUMMARY 082400 - 704100 $2,000.00 By:_~' Date: I Authorized Signature $2,000.00. FORM #3 / CITY OF -ASH LAN D REQUISITION 7 Date of request: 10/25/2019 Required date for delivery: Vendor Name Coleman Creek Consulting Inc. Address, City, State, Zip 810 Leonard Street Ashland, OR 97520 Contact Name & Telephone Number David Fawcett 541-535-7108 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication _(if council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written bid(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # _(Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written bids & solicitation attached ❑ Form #4, Personal Services $5K to $75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals & solicitation attached Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services $5K to $75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost Asbestos survey at Briscoe School roof 2,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 0■ Per attached quotelproposal TOTAL COST Project Number 082400 704100 Account Number Account Number Account Number _ _ _ _ _ _ _ _ _ _ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. a Employee: \9 - oDrn,U~l,l 1 Department Head: qu It or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equ to greater than $25,000) Funds appropriated for current fiscal year: YES / NO Deputy Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition