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HomeMy WebLinkAbout2008-127 Contract - HBH Consulting Engineers ENGINEERING SERVICES CONTRACT Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Consultant: HBH Consulting Engineers City Hall Address: 4497 Brownridge Terrace, Suite 202 20 E. Main St. Medford OR 97504 Ashland, Oregon 97520 (541) 488-6002 Telephone: 541 779-5216 FAX: (541) 488-5311 FAX: 541 776-7376 Date of this agreement: ~ B: RFP date: February 7, 2008 May 6, 2008 Proposal date: March 11, 2008 ~2.2. Contracting officer: James H. Olson, Interim Public Works Director ~2.4. Project: NW Ashland Traffic Impact Analysis ~6. Consultant's representative: Neil Burgess PE, Senior Engineer ~8.3. Maximum contract amount: $39,095.00 B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project described above. Consultant submitted a proposal in response to the RFP on the date noted above. C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the services covered by the RFP. City and Consultant agree as follows: 1. Relationshio between City and Consultant: Consultant accepts the relationship of trust and confidence established between Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties in furthering the interests of City with' respect to the project. In order to promote successful completion of the project in an expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project to which this contract applies, serve as City's professional consulting representative for the project, and give professional consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide professional consulting services in a manner that is consistent with the interests of City. 2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the construction industry, unless the context clearly indicates otherwise. As used in this contract: 2.1. "Cityu means the City of Ashland, Oregon. 2.2. "Contracting officeru means the person specified in Recital A above or that person's designee. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc --11'I,-- - 2.3. "Project" means the project described in Recital A. 2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting services and products which Consultant is required to provide under this contract. 3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authoritv of Contractina Officer: The contracting officer shall have the authority to act on behalf of City in the administration and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's services. 5. Consultina Services: Consultant shall provide services to City that are described in the RFP. 5.1. In connection with the services described in the RFP, Consultant shall: 5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services. 5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for completion of the services and the project. 5.2. Consultant shall commence performance of services within five days after receiving written authorization from the contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract. 5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by Oregon law. 6. Assianment of Consultant's Personnel: 6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in Recital A above, who shall act as Consultant's representative in all communications and transactions with City. 6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's employees to perform services if the requests are consistent with sound business and professional practices. 7. ResDonsibilities of City: 7.1. City will cooperate fully with Consultant to achieve the objectives of this contract. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc 7.2. City will provide information, documents, materials and services that are within the possession or control of City and are required by Consultant for performance of the services. 7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as required for Consultant to perform the services. 7.4. City will provide all permits necessary for completion of the project. 7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the project. 8. Pavrnent: 8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by the contracting officer. 8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days atter the end of the month covered by the invoice. 8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above. 9. Comoliance with Law: 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City and city governments with respect to the services including, but not limited to, provisions of ORS 279C.505, 279C.515, 279C.520 and 279C.530. 9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant who performs work under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. 9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consu~ant shall certify to City that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is ~ carrier insured employer, Consultant shall provide City with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status. 9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 10. Ownershio of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. To the extent permitted by law, City shall, within the Iimtts of the Oregon Tort Claims Act, defend, indemnify and hold harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior written authorization of Consultant. 11. Records: 11.1. Consultant shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear distinction between the expenditures and revenues related to the project and the expenditures and revenues related to Consultant's other business. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC1\2008\08-02 HBH Contract 4 08.doc ------nr T--- 11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and recor~s by a certified public accountant retained by City. 12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including injury resulting in death), or damage to property (including loss or destruction), of whatsoever nature arising out of or incident to the negligent performance of this contract by Consultant (including but not limited to, the negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any claims, actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City. 13. Insurance: 13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force: 13.1.1. A comprehensive general liability policy including coverage for contractual liability for obligations assumed under this contract, blanket contractual liability, products and completed operations and owne~s and contracto~s protective insurance; 13.1.2. A professional errors and omissions liability policy; and 13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles. 13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 13.3. Liability coverage shall be provided on an RoccurrenceR basis. RClaims madeR coverage will not be acceptable, except for the coverage required by subsection 13.1.2. 13.4. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company Rwill endeavor to mailR written notice is unacceptable. 14. Default: 14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. 14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract. 14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson County. 15. Termination: 15.1 Mutual consent. This contract may be terminated at any time by mutual consent of both parties. 15.2 City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc 15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: a. 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; b. If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract for any reason denied, revoked, suspended, or not renewed. 15.4 For Default or Breach. a. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. b. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. 15.5 Obliaation/Liabilitv of Parties: Termination or modification of this contract pursuant to subsections 15.1, 15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections 15.1, 15.2, 15.3 and 15.4 of this section, Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 16. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultants, with no further liability to Consultants. 17. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law. 17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the Consultant in Recital A above. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc 18. Assianment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of the other party. Consultant shall not assign or subcontract Consultanfs rights or obligations under this contract without prior written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to anyone other than City and Consultant. 19. Governina Law: Jurisdiction: Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, lithe claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 20. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 21. Modification: No modification of this c a shall be valid unless in writing and signed by the parties. CONSULTANT CITY OF ASHLAND By: Signature l11XLJJAf,t. €. A~~~ Printed Name Its: FedlD# By: ~ ~~ '~ ~/r/tJr Lee Tuneberg Finance Director REVIEWED AS TO CONTENT: By: ~~~ De ent Head Date: 5"; t...9/ 08 Coding: (For City use only) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of pe~Ury, certifies that: (a) The number shown on this form is Ks correct taxpayer 10 (or is waiting for the number to be issued to <<; and (b) Contractor is not subject to backup withhOlding because (i) H is exempt from backup withholding or (ii) ~ has not been notified by the Internal Revenue Service (IRS) that n is subject to backup withholding as a resu" of a faifure to report all interest or dividends, or (iii) the IRS has notified << that n is no longer subject to backup withholding. Contractor further represents and warrants to C<<y that (a) n has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and (c) The work under the Contract shall be performed in accordance with the highest professional standards. and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that ns business is not in violation of any Oregon tax laws, and " is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent contractor as defined in the contract documents, and has checked four or more of the following criteria: / (1) I cany out lhe Jabor or services at a location separate from my residence or is in a specifIC portion 01 my residence. set aside as the location of the business. / (2) Commercial advertising or business cards or a trade association membership are purchased for the business. / (3) Telephone isting Is used for the business separate from !he personal residence listing. - (4) Labor or services are perfonn~ ~Iy pursuant to written contracts. -L. (5) labor or services are performed for two or more different persons within a period of one year. -./(6) I assume financial responslbllity for defecti'le Y<OO<manship or lor service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or s to be provided. .)'-""1., 3-- fi,Q Date G:\pCJb.-wr1(s\eng\dept-admin\ENGINEER\PROJECl'.2008\08-02 HBH Contract 4 OS.doc Form W-9 (Rev. December 2000) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. (. Q) c. ~ 6 l Check appropriate box: D Individual/Sole proprietor ~ Corporation D Partnership Q) ; ~dress (number. street. and apt. or suite no.) ~ 00 7)j tJ {(IL ,'hz f1 ,oj' '01 C3Y. state. and ZIP code ::J e-n.00 rl, Ol~ q7/~ 0 Tax a er Identification Number (TIN) Enter your TIN in the appropriate box. For individuals. this is your social security number l::iJ:U::tuJJSOCial security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 2. For other entities. it is your employer identification number (EIN). If you do not or have a number. see How to get a TIN on page 2. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. Certification D Other ~ .. -- - -- - - - .. . - -- .. - - . -- -- -- -- - . - -- -- - - Requester's name and address (optional) List account number(s) here (optionaO For U.S. Payees Exempt From Backup Withholding (See the instructions on page 2.) Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends. or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual retirement arrangement (IRA), and generally. payments other than interest and dividends. you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 2.) Sign Signature of .../ Here U.S. person ~f/ !) ti/' Purpose of Form A person who is required to file an information return with the IRS must get your correct taxpayer identification number (TIN) to report, for example. income paid to you. real estate transactions. mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to give your correct TIN to the person requesting it (the requester) and. when applicable, to: ,. Certify the TIN you are giving is correct (or you are waiting for a number to be issued). 2. Certify you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If you are a foreign person, use the appropriate Form W-8. See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Corporations. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. What is backup withholding? Persons making certain payments to you must withhold and pay to the IRS 31% of such payments under certain conditions. This is called "backup withholding.H Payments that may be subject to backup withholding include interest. dividends, broker and barter exchange transactions. rents. royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN. make the proper certifications, and report all your taxable interest and dividends on your tax return. payments you receive will not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester. or 2. You do not certify your TIN when required (see the Part III instructions on page 2 for details). or 3. The IRS tells the requester that you furnished an incorrect TIN, or 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or Date ~ L - 2 V - {J!f 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Part II instructions and the separate Instructions for the Requester of Form W-9. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civit penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding. you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Cat. No. 10231X "Form W-9 (Rev_ 12-2000) CITY OF ASHLAND, OREGON City of Ashland LIVING WAGE ~'. ..t... Employees must be paid a living wage: ~ For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,964 or more. employee's time in that month working on a project or portion of business of their employer, if the employer has ten or more employees, and has received financial assistance for the project or business from the City of Ashland in excess of $15,964. ~ For all hours worked in a month if the employee spends 50% or more of the ~ If their employer is the City of Ashland including the Parks and Recreation Department. In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible cafeteria plans ~ (including childcare) benefits to the amount of wages received by the employee. 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 will be seen by all employees. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 HBH Contract 4 08.doc CITY OF ASHLAND A CORDTII CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYVYY) 05/19/2008 PRODUCER Phone: 503-513-4455 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A I C Insurance Agency / Darrell Bennett ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 14000 S E Johnson Rd., Suite 210 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Milwaukle, OR 97267 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: West American Insurance ComDanv H B H Consulting Engineers, Inc. INSURER B: The Ohio Casualtv Ins Co 20015 SW Pacific Hwy, Suite 101 INSURER c: SAIF Corooratlon Sherwood, OR 97140 INSURER D: Everest National Insurance ComDanv I INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~~~ P2H~Y EFFECTIVE P~~!fJ EXPIRATION ITa TYPE POLICY NUMBER LIMITS A Y ~NERAL LIABILITY BKW0853701580 12/23/2007 12/23/2008 EACH OCCURRENCE $ 1.000.000 X- COMMERCIAL GENERAL LIABILITY ~~~~~~J9E~~~r~nce} $ 100.000 c--- o CLAIMS MADE IX] OCCUR MED EXP (Anyone person) $ 10.000 f-- PERSONAL & ADV INJURY $ 1.000.000 ~ GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2.000.000 5<l POLICY n ~~ n LOC B Y ~TOMOBILE LIABILITY BAA 08 53701580 12/23/2007 12/23/2008 COMBINED SINGLE LIMIT .x-- (Ea accident) $ 1.000.000 ANY AUTO ~ ALL OWNED AUTOS BODILY INJURY (Per person) $ f-- SCHEDULED AUTOS f-- HIRED AUTOS BODILY INJURY (Per accident) $ ~ NON-OWNED AUTOS I-- PROPERTY DAMAGE $ (Per accident) ROE UABILlTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSn.JMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ ==1 DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 937793 03/01/2008 03/01/2009 X I ~Vf.r;.,~! ~ I!};. I IOJ~- 500.000 EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 500.000 ANY PROPRIETOR/PARTNER/EXECUTIVE 500 000 OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEI $ If yes, describe under E.L. DISEASE - POLICY LIMIT $ 500.000 SPECIAL PROVISIONS below OTHER D Professional Liab I 48AE000836-061 03/01/2008 03/01/2009 AQQreQate Limit 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Ashland, its elected officials, employees, and assigns" as additional insured. RECEIVED MAY 2 7 2008 CERTIFICATE HOLDER CANCELLATION r".ftl ",f A~h'~r"r~ ~~:sI, -~. ,. ,_.. ..,....',''''' SHOULD ANY OF THE ABO DE RIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAILJ,L DAYS WRITTEN The City of Ashland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 20 E. Main Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Ashland, OR 97520 REPRESENTATIVES. AUTHOR~ REPRF~FNTA TIVE I 6~~~/ (MKE) ACORD 25 (2001/08) @ ACORD CORPORATION 1988 Printed by MKE on May 19, 2008 at 1 0:20AM ~4. ...~ CITY RECORDER CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Page 1 /1 VENDOR: 013269 HBH CONSULTING ENGINEERS 4497 BROWNRIDGE TERRACE SUITE 202 MEDFORD, OR 97504 FOB Point: Tenns: Net Req. Del. Date: Speciallnst: SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 Req. No.: Depl: PUBLIC WORKS Contact: Jim Olson Conflnning? No Conduct Traffic Impact Analysis for the Northwest Ashland Area 39,095.00 RFP Contract start date: OS/22/2008 Contract completion date: 08/30/2008 Insurance on filelYes Proiect No. 2008.02 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL ~~..-.~ ~o/.ap orized Signature VENDOR COPY CITY OF ASHLAND REQUISITION No. PW _ - FY 2008 Department Public WorkslEngineering Vendor HBH Consulting Engineers 4497 Brownridge Terrace Suite 202 Medford, OR 97504 Account No. 260.08.12.00.604100 % Date May 22, 2008 Requested Delivery Date Deliver To Via (* Note: Please allow approximately two(2) weeks for delivery on items not generally caricd in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use ofPurcbasing Office Onlv Unit Price Total Price PO No. Conduct Traffic Impact Analysis for the Northwest Ashland Area $ 39,095.00 $ 39,095.00 for Karl: BID /RFP / EXEMPT: RFP Contract Start Date: 22-May-08 Contract Completion Date: 8/30/2008 INO Insurance on file: I YES Project No: 2008.02 lob No. Unit No. I hereby certify that the above items are necessary for the operation of this department and are budgeted Issued By Date Received By r~' G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2008\08-02 Requisition Fonn 5 08