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HomeMy WebLinkAbout2019-285 PO 20190364- Siskiyou Biosurvey LLC Purchase Order � P ti a FAO -Fiscal Year 2019 Page: 1 of: 1 =_ ,gym E •�=_�t �— B City of Ashland • IL Accounts Payable 20 E. Main Purchase 20190364 L 20 E. Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E SISKIYOU BIOSURVEY, LLC I 51 Winburn Way N 265 BALL RD p Ashland, OR 97520 EAGLE POINT, OR 97524 Phone: 541/488-5347 R T Fax: 541/488-6006 • aI=1 ��ao]�Eo[eh==-�'?! P=t= =PsEa?[i:3[=7€a=`.s=€;_I=1 - ==P S€=i `acs=o=_SLE1= Paula Brown MT-1 =_[_[E=--li e[=—= — —1-.1•=1e9e[=]§i'�==1 =e[=73 - 02/05/2019 1778 • City Accounts Payabley9k' JB .e bdo .- Provide Info 2018 Eco Report 1.Respond to questions and requests for information as needed 1 $2,400.0000 $2,400.00 during public and City meetings regarding 2018 Ecological report details. Personal Services Agreement($25,000 or less) Project Account: E-201517-999 ***************GL SUMMARY*************** 083800-704200 $2,400.00 • • • By: Date: e_1(4 orized S+•nature -O- $2,400.00 � �� - . FORM #3 - P CITY OF A regques for a Purchase Ori r 6 4SHLAND REQUISITION Date of request: .i- 01/3012019'; Vendor Name Siskiyou BioSurvey LLC Address,City,State,Zip 265 Ball Road Eagle Point,OR 97524 Contact Name Richard Callagan Telephone Number 541-826-6104 Email address rcallagan a(7,siskiyoubiosurvey.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency - ❑ Reason for exemption: 0 Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council:_ 0 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 - Cooperative Procurement Less than$5,000 0 Request for Proposal (Copies on file) 0 State of Oregon El Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) r —(Attach copy of council communication) ❑ State of Washington Intermediate Procurement 0 Sole Source Contract# GOODS&SERVICES 0 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 0 Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement $5,000 to$75,000 0 Form#9,Request for Approval 0 Agency 0Less than$35,000,by direct appointment 0 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$75K Valid until: (Date) —(Attach copy of council communication) Description of SERVICES Total Cost Respond to questions and requests for information as needed during public and City meetings I;. regarding 2018 Ecological Report details. r�$,r2a40Q00 tri. _._ ..,.__..__. : '''' -;;: ._ _--:., Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal TOTrA1.4:COST4 !° Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. •, r' ' n' Project Number 2 0 1 5 1 7- Account Number 0 8 3 8 0 0.7 0 4 2 0 0 $_ _ 2 4 0 0 0 0 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,I certify that the City's tublic contracting requirements have been satisfied. IT Director Date Support-Yes/No Employees 1 `.) .' �t J Department Head: �;z/ ` c9"144�/� f A (Equ• to or. ater than$5,00p) Department Manager/Supervisor: City Administrator: / lV2 k--2 N. I I;I 9 B 1 (Equal to or greater t rl$25,op0) Funds appropriated for current fiscal year: YES /NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition PERSONAL SERVICES AGREEMENT ($25,000.00 or less) CONSULTANT: Siskiyou BioSurvey LLC CITY OF CONSULTANT'S CONTACT: Grey Carey ASHLAND 20 East Main Street ADDRESS: 265 Ball Road Ashland,Oregon 97520 Eagle Point,OR 97524 Telephone: 541-488-5587 Fax: 541-488-6006 TELEPHONE: (541)826-6104 EMAIL: sunravmoonbeam@vahoo.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Siskiyou BioSurvey LLC ("hereinafter "Consultant"), for Greg Carey and Gretchen Vos (consultants) to respond to questions and requests for information as needed during public and City meetings regarding the July 2018 Ecological Report details. 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 06/30/2019. 2. Scope of Work: Consultant shall respond to questions and requests for information as needed during public and City meetings regarding the July 2018 Ecological Report details as more fully set forth in Consultant's Work Estimate dated 01/25/2019 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 not to exceed$2,400.00 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 not to exceed$2,400.00 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. Page 1 of 6: Personal Services Agreement with Siskiyou BioSurvey LLC. 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. 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$21,127.46 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 Siskiyou BioSurvey LLC. 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 for all persons employed to perform Work pursuant to this Agreement. 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 Siskiyou BioSurvey LLC. 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. Profession 1 Liability insurance with a combined single limit,or the equivalent,of not less than 0 $1 , 00(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 floc)`- $22 , 00(two million dollars)per occurrence for Bodily Injury,Death, and Property Damage. 1 i d. " utter oemobi e 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 Siskiyou BioSurvey LLC. 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 Siskiyou BioSurvey LLC. 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: SISKIYOU BIOSURVEY CONSULTANT: '4116j1 Signat a `mature Zil4 . metc1(41.1— p, OW. Fr Printed Name ) Printe• ame Ctrç M . -r- - /1/141V4- 1)-- Title 41V4 -Title Title Date Date (W-9 is to be submitted with this signed Agreement) Page 6 of 6: Personal Services Agreement with Siskiyou BioSurvey LLC. Exhibit A Siskiyou BioSurvey LLC Work Estimate • . Date:January 25,2019 :r'J_ Project:Ashland Canal Piping Project Ecological Consultants Service Provider Customer Greg Carey and Gretchen Vos Contact:Kevin Caldwell Siskiyou BioSurvey,LLC City of Ashland 265 Ball Road 20 East Main Street Eagle Point,OR 97524 Ashland,OR 97520 (541) 821-1299 (541)552-2414 Project Description:This is a"time and materials"project for Greg Carey and Gretchen Vos(consultants),responding to questions and requests for information as needed during public and City meetings regarding the July 2018 Ecological Report details.Project may require strategic planning with City and preparation time prior to meetings. Costs will not exceed$2400. Cost Descriptions: Date Description Hours Rate Cost 1/31 Public Meeting(5:30-7:30) 2(X 2) $70/hour $280 2/4 Council Meeting(5:30-7:00) 1.5(X 2) $70/hour $210 3/5 Council Meeting(7:00-10:00) 3 (X 2) ' $70/hour $420 General Meeting prep,conference 13 $70/hour $910 calls,and planning. Estimated Totals 26 $70/hour $1820 Prepared by Greg Carey,ecologist and arborist for Siskiyou BioSurvey,LLC. 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• wase. $14 81 per hour, :effectivesJune 30, 2017.1 4.' VIM � The Living*Wage is adjusted annually every'.f June`30sby 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. (Notice 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. ('0 (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 " - -716 listing. (4)Labor or services are performed only pursuant to written contracts. (O (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. Coe t': a Date Siskiyou BioSurvey LLC Work Estimate rt: Date: January 25, 2019 Project: Ashland Canal Piping Project Ecological Consultants Service Provider Customer Greg Carey and Gretchen Vos Contact: Kevin Caldwell Siskiyou BioSurvey, LLC City of Ashland 265 Ball Road 20 East Main Street Eagle Point, OR 97524 Ashland, OR 97520 (541) 821-1299 (541) 552-2414 Project Description: This is a"time and materials"project for Greg Carey and Gretchen Vos (consultants), responding to questions and requests for information as needed during public and City meetings regarding the July 2018 Ecological Report details. Project may require strategic planning with City and preparation time prior to meetings. Costs will not exceed$2400. Cost Descriptions: Date Description Hours Rate Cost 1/31 Public Meeting (5:30-7:30) 2 (X 2) $70/hour $280 2/4 Council Meeting (5:30-7:00) 1.5 (X 2) $70/hour $210 3/5 Council Meeting(7:00-10:00) 3 (X 2) $70/hour $420 General Meeting prep, conference 13 $70/hour $910 calls, and planning. Estimated Totals 26 $70/hour $1820 Prepared by Greg Carey, ecologist and arborist for Siskiyou BioSurvey, LLC. • CITY OF ASHLAND Memo DATE: April 25,2018 TO: Paula Brown,Director of Public Works FROM: Kevin CaldweII,Project Manager RE: Low Risk,Less Stringent Insurance Coverage It is my intention to hire Siskiyou Biosurvey,to provide vegetation and natural resource impact analysis related to the Ashland Canal piping project. Siskiyou Biosurvey carries the insurance limits that are lower the City's standards, including$1M general liability(City requires$2M); and no professional liability(City requires $1M). 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. The scope of services that Siskiyou Biosurvey will provide the City include a vegetation survey of the full extent of the canal including proposed reroutes and identify potential conflicts and impacts with existing vegetation in regards to the construction and the future maintenance of the canal. I do not think the City will realize much liability from these services. Professional Liability Vegetation surveys and recommendations are normally general in nature and there are no guarantees regarding what impacts will or will not materialize from the project. It is therefore without justification to require professional liability insurance when the contract results are only recommendations. 014 • Page 1of1 W', UNTR) FINANCIAL AUTO RATE COMPARISON • • Prepared by:Lori Martinez Prepared for:CAREY GREGORY D Financial Representative No:19083 Policy Number:P36A4850396 Office No:003 Proposed Effective Date:08/28/2017 Agency: Policy Term:Semiannual 1 West Main St Company:COUNTRY Preferred Insurance Company Ste 301 Rate Plan: PREFERRED Medford OR 97501-0000 State:OR Phone:541-772-4092 VEHICLE AND DRIVER RATING FACTORS Rate Rate Terri- Unit Yr Make Vehicle Type and Usage Level , Class tory 1 2002 NISSA Truck(1 Ton Under), D A37F 29 Business(Used 50%And Over) 2 2002 DODGE Truck(1 Ton Under),Pleasure D A31F 29 3 2004 TOYOT Car,Jeep, Pleasure C A3'1A 29 Policy Coverage Limits Each Person Each Occurrence Liability Bodily Injury 500,000 1,000,000 Property Damage - 100,000 Uninsured Motorists 500,000 1,000,000 Underinsured Motorists 500,000 1,000,000 Vehicle Coverage Limits 2002 NISSA 2002 DODGE 2004 TOYOT Personal Injury Protect OPT4 OPT4 OPT4 Collision Deductible 500 500 Comprehensive Deductible 500 500 Road Service Yes Yes Yes Endorsements 049 UMPD/UIPD 6.00 6.00 Premiums Liability-Bodily Injury 167.67 166.34 130.42 Property Damage Included Included Included Uninsured Motorists 58.88 58.88 58.88 Personal Injury Protect 58.55 39.13 54.78 Collision 76.75 48.04 Comprehensive 26.27 15.60 Road Service 5.00 5.00 5.00 Semi-Annual Vehicle Premium • 290.10 378.37 318.72 Adjustment Included in Premium Multi Car Discount Included Included Included Good Driver Discount Included Included Included Multi-Policy Discount Included Included Included Select Customer Discount Included Semi-Annual Premium for All Units 987.19 Semi-Annual Payment 987.19 Premium does not include Regulatory Charges (OR) • • • This comparison uses rates in effect on 08/28/2017. It is based on information you provided to your representative. This form does not provide coverages. If an application is completed,the premium will be subject to the information,rates,and rules then in effect. Commercial Policy Common Policy Declaration MUTUAL OF E N U M C L AW POLICY NUMBER: CPP 0003918 07 INSURANCE EST.1898 This policy is a RENEWAL Mutual of Enumclaw Insurance Company Named Insured: Agency: SISKIYOU BIOSURVEY LLC INSURANCE MARKETPLACE INC 265 BALL RD 1998 SKYPARK DR EAGLE POINT OR 97524 MEDFORD OR 97501 Phone No. 541-779-0177 Code# 0001767 Policy Period: From: 04/02/2018 to 04/02/2019 at 12:01 A.M.Standard Time at your Mailing address shown above • Form of Business: LLC Type of Business: SURVEYING IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. • Coverage Part Premium As Provided by C Declarations Commercial General Liability Coverage Part DG0010 $ 1,056 Commercial Auto Coverage Part DA0093 $ 143 TOTAL $ 1,199 Total Includes Terrorism Coverage Premiums For: Mandatory Terrorism Coverage $ 3 Optional Terrorism Coverage $ Included Premium Due At Inception: THIS IS NOTA BILL. • Please Refer to Customer Billing For Any Payment Information. You may pay your premium in full or installments. If you pay your premium in installments you may be subject to an additional charge for each installment. Additional charges may also be due if your payment is not received by the due date or is not honored by your financial institution. All charges are shown on your billing statements and are subject to change. Forms Which Describe or Modify The Coverages Provided By This Insurance Are Listed On The Coverage Part Declarations Pages For Which They Are Applicable. All Such Forms Are Attached To And A Part Of This Policy. Please Read Your Policy Carefully. •DP 00 93 03 16 INSURED COPY • Mutual of Enumclaw Insurance Company Enumclaw, Washington 98022 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: CPP 0003918 07 Effective Date: 04/02/2018 Named Insured: SISKIYOU BIOSURVEY LLC 265 BALL RD EAGLE POINT OR 97524 Premium:Advanced Premium for this Coverage Part is$ 1,056 Limits Of Insurance: EACH OCCURRENCE LIMIT $1,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT(Any One Premises) $300,000 MEDICAL EXPENSE LIMIT(Any One Person) $10,000 PERSONAL&ADVERTISING INJURY LIMIT(Any One Person or Organization) $ 1,000,000 GENERAL AGGREGATE LIMIT(Other than Products- Completed Operations) $2,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $2,000,000 Location Of All Premises You Own, Rent Or Occupy: Refer to DP 00 98 -Schedule of All Locations You Own, Rent or Occupy. Classification Schedule: Refer to Commercial General Liability Supplemental Declarations DG 00 15. Coverage Forms and Endorsements Applicable to This Coverage Part: Form Title Form Number SEE ATTACHED SCHEDULE • bG 00 10 01 14 INSURED COPY • Mutual of Enumclaw Insurance Company Enumclaw, Washington 98022 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: CPP 0003918 07 Effective Date: 04/02/2018 Named Insured: SISKIYOU BIOSURVEY LLC 265 BALL RD EAGLE POINT OR 97524 Rates Advance Premiums Loc. Class Premium Basis/ Prem./ ProdJ Prem./ Prod./ Code Classifications Exposure Ops. Comp.Ops. Ops. Comp.Ops. 1 99471 SURVEYORS-LAND-NOT ENGAGED IN 89,000 2.374 INCLUDED $211 INCLUDED ACTUAL CONSTRUCTION PAYROLL PROD/COMP OP ARE SUBJECT TO GEN'L AGGREGATE LIMIT 1 91591 CONTRACTORS-SUBCONTRACTED 5,000 0.924 2.047 $5 $10 WORK-OTHER THAN TOTAL COST CONSTRUCTION-RELAT ALL 49950 CG3261-OWNERS/LESSEES/CONT $50 PER EACH ALL 49950 CG2010-OWNERS/LESSEES/CONT $50 PER EACH ALL 49950 CG2026-DESIGNATED PERSON/ORG $50 PER EACH ALL 59999 PREMOP/PRODCO SUBLINE BALANCE $59 TO MEET MINIMUM PREMIUM ALL 59999 PREMOPIPRODCO SUBLINE BALANCE $154 TO MEET MINIMUM PREMIUM ALL 99999 CYBER&DATA BREACH LIAB $214 ALL EG9901-SPECIAL GL ENH ENDT $50 ALL 99999 EMP RELATED PRACTICES LIAB $200 DG 00 15 06 01 INSURED COPY ^ Phone:(541)488.5587 7.0 DATE(MMIDDM Y1� A RD CERTIFICATE OF LIABILITY INSURANCE L......- -. . 04/26/2018 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(iee)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 CONTACTNALois F Weathers Insurance Marketplace,Inc. (aC No,Ext): (541)779-0177 FAX Insurance (641)772-8235 mAIL 1998 Sky Park Dr AADDRFss: main@insmarketcom Medford,OR 97501 INSURER(S)AFFORDING COVERAGE. NAIC Y INSURERA: Mutual of Enumclaw 14761 INSURED • INSURERB: Siskiyou BioSurvey LLC INSURER C: 265 Ball Rd INSURER D: Eagle Point,OR 97524 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-190041 REVISION NUMBER: 2 114151S.TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED MOVE FOR THE POLICY PERIOD INDICATED. NOTIMTHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH,RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 SHOVtI I MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR TYPEOFINSURANCE ADDLSUBR POLICYEFF POLICY EXP wUNITS _/NSD vo POLICY NUMBER (MMlDDIYWY) (MMIDDrrmi A X COMMERCIAL GENERALLIABILITY • Y CPP0003918 04/02/2018 04/02/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X occuR PRENuSES(Eaocccu!EU $ 300,000 — MEDEA'(Any aie person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 I POLICY J�ECT n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 —II OTHER $ A AUTOMOBILE CPP0003918 04/02/2018 04/02/2019 (COEaacade�nl�"GLEUMrr $ 1,000,000 - ANY AUTOBODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accidenl) $ — AUTOS ONLY AUTOS — HIRTOSONLY X 0 PROIE d/DAMAGE $ $ UMBRELLALIAB OCCUR _EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATIONOTH- AND EMPLOYERS'UABIUTY YIN STA ER ANY PROPRIEORIPARTNER/D<ECUTIVE (� N lA EL.EACH ACCIDENT $ OFFICERRAEMBER EXCLUDED? ` , (Mandatary InNH) E.L.DISEASE-EA EMPLOYE $ lI es,describe under DESCRIPTION OF OPERATIONS balm EL.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEH ICLES(ACORD 101,Additional Remarks Schedule,maybe attached it more space is requires City of Ashland are additional insured-CG2010 form attached • • 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,Public Works Dept ACCORDANCE WITH THEPOLICYPROVISIONS., 20 East Main Street Ashland,OR97520 AUTHORIZED REPRESENTATIVE I 47¢%lf (LRM ©1988 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Printed by LFW on April 26,2018 at 03:51 PM POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II --Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organizations) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does riot apply to"bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts oromissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2 That portion of 'your work" out of which the 1. The insurance afforded to such additional injury or damage arises has been put to its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and - engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract. or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most weapplicable Limits of Insurance shown in the • will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or • • Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 2010 0413 • ACIORD0 CERTIFICATE OF LIABILITY INSURANCE 0.-re IMMIDD/YYYY) 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(les)must he 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). - CONTAdT PRODUCER RORY WOLD INSURANCE NAME: TROY WOLD AGENCY INC (ICNNo,Exf:541-773.1404 (AAic,NoI:541-779.6975 E-MAIL StateFarm 2019 AERO WAY STE 101 ADDRESS: (4S, MEDFORD OR 97504-9789 INSURERS)AFFORDING COVERAGE NAIC IF INSURER A:State Fenn General Insurance Company 26151 INSURED CALLAGAN, RICHARD INSURERS: 265 BALL RD INSURERC: EAGLE POINT OR 975248543 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 • ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR TYPE-CC INSURANCE INSR wyD POLICY NUMBER IMMIDD/YYYIo 1MMIDDIYYYYi GENERAL LIABILITY I EACH OCCURRENCED $ COMMERCIAL GENERAL LIABILITY L- PREMISES(EaoccccuEence) $ CLAIMS-MAGE OCCUR MED EXP(Any one parson) S PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GENT_AGGREGATELIMIT APPUESPER: PRODUCTS.COMPIOP ACG S —1 POLICY ■ PR& P1 LOC � S A AUTOMOBILE LIABILITY ( T 11 ly - 0897108-A18-37D 01/1812018 01/18/2019 (Ea ac deDSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Par person) S -A TOOWNED — SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS X AUTOS ED (Per accident)t)�MAdE $ S UMBRELLA uaB _ OCCUR 7 ri EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE S - • DED RETENTIONSS WORKERS COMPENSATION INC TATU-RY LIMITS 11 AND EMPLOYERS'LIABILITY ER ANYPROPRIETOR/PARTNER/EXECUTNE{ 1 NIA n E.L.EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? L L—,I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,dewing under DESCRIPTION OF OPERATIONSXN, E.L.DISEASE-POLICY LIMIT $ n DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES(Attach ACORD 1t11,Additional Remake Schedule,if mom space Is required) ADDITIONAL INSURED:CITY OF ASHLAND 20 E MAIN ST ASHLAND,OR 97520 CERTIFICATE HOLDER CANCELLATION . CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E MAIN ST ACCORDANCE WITH THE POLICY PROVISIONS, ASHLAND,OR 97820 AUTH1F SEN7ATIVE I �1 ` 0 19 -2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.8 01-23-2013 • ' .. .. „r.::-;''': '5'4•0 • - .. - , . . ,..„.r . -- 7- , , . . ... . ,0,-.--_,:i. . ,2___::__ ,..e..r 6.:(, - _,., _ , , , . -. - _. .. ,. . ,,. :. _, . , , . ,, 14. '( • ' `r-1' •CERTIFICATION OF EXEMYIPT IO: N FROM . • • ® .= -.- - WORIMRS',-COMPENSATION1NSURAI CE REQUIREMENTS Contractor is exempt kw*#he*e-4u$rent to i tarn worlcers.comppnsahon.insuranee under ORS Chapter'656 for the following reason :Contractor is to.:initial the=appropriate him*• _ . -.- - ;SOLE PROPRIETOR . (Inittatti) .0 Contractor-is a sole? proprietor,and • - :w .Contractorhas:no•employees;and ;Pi. Contractor will not hire employees or sub-contrectors-to performthis-conrast: . _ CORPORATION-FOR PRUFI`I' :(Initials) ■ Contractor's business is-incorporated,and: • ■ All employees._of the corporation.are.officers and directors andthave a substantial ownership interest'in tijie • . corporation,and - -: • • _ _ - .: _, . • ■ .All work be-performed by'the officers and,:directors,Contractor will:not lure other employees or subcontractors 'tct:.P or►uthis contract. ' .- CORPORATION. NONPROFIT - - (hutials): ■ Contractor's business is incorporated as Aninwrofit corporatton,,and. -= ■ Contractorhas no employees,all work isperformed by volunteers,and. • Contractorwill not hire employees or subcontractors to°perform this contract; . PARTAR IIID . . (Initials) ■ Contraors parerhi , nd - • • - .anpa ■ Contractor hano:employees,and . ■ All work willbe performed by the.partners,Contractor will notfhire employees,or subcontractors to perform thus. conte ct,and 11 Contractor not:engaged-m workperformed in,direct-connectionwtth the constructton,:alteration,repair, .improilement,.riiovxng:or demolition of an improvementto real propertyfor nances.thereto: ' . YE—',k2 6 LIMITED LIABILITY`COMPANY '(Initials) ■ Contractor is a limited liability•company,'and . • Contractorhas no employees,and ■ All work will be performed by the members,Contractor will nothire•einployees or subcotontractors perfonn this ,contract and If Contractor has amore than or4e M ember,Contractor U110'04004 engaged in work performed iri directconnection_witli:the, construction,alteration,repair,improvement,moving or_demolition of an;improvementto real�property or. • app ensue thereto,*{ • ff (Signature ofAuthoik signet) - - ;(Date), • . . (S gner'sTitle . 'NOTE; -Under OAR436 50 050 a shareholder has a"sub'stantlal'ownership"interest if the sharel older owns 10%a ofthe- corporation,or if less than'10%is'owned,the shareholder has ownership that is at least.equal to oe.greater than tit.--average percentage ownership of all shareholders: ' **NOTE: finder:certain circumstances partnerships and lumted liability companies can claim an exemption even when1performing =construction work.;'The requuements for this exemption are.complicated.. Consult-wi h City Attorney's Office-before'an:exemption . request iso accepted from�a contractor who will perform construction:work: