HomeMy WebLinkAbout2010-019 Contract - Carollo Engineers CONTRACT FOR PERSONAL SERVICES
CITY o f CONSULTANT: Carollo Engineers
AS HLAND CONTACT: Bob Eimstead
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 4380 SW Macadam, Suite 350
Telephone: 541/488 -6002 Portland, Oregon 97239
Fax: 541/488-5311
TELEPHONE: 503 -227 -1885
DATE AGREEMENT PREPARED: 1/06/2010 FAX: 503 227 -2747
BEGINNING DATE: 1/22/2010 COMPLETION DATE: 4/08/2010
COMPENSATION: Time and Materials not to exceed $4700.00
SERVICES TO BE PROVIDED: Complete all engineering for a Categorical Exclusion (CE) for the installation
of 1040 ZeeWeed membrane filter modules at the Ashland Wastewater Treatment Plant.
ADDITIONAL TERMS:
(1) The City of Ashland applied for a loan through the Clean Water State Revolving Fund (CWSRF) for
purchase and installation of the membrane filters and as part of the loan DEQ requires the City to follow the
State Environmental Review Process (SERP). Carollo shall follow the State Environmental Review Process
(SERP); all requirements of SERP are incorporated herein by this reference. In addition, Consultant shall
verify the CE track is the correct course to follow and submit all required documentation, including Federal
Cross Cutter documentation to the Department of Environmental Quality (DEQ). All requirements to receive
the DEQ loan must be followed, and said requirements of the DEQ loan are incorporated herein by this
reference. See link for further DEQ loan program information:
http: /www.deq. state .or.us /wq /loans /envreview.htm.
(2)The City is not responsible for payment of any services rendered by Consultant or Consultant's
subcontractors prior to the date this contract is executed.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, fumish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker -like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
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4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City. Consultant shall have no liability for any claims, suits, actions, judgments, losses, costs, expenses or damages
resulting from City's reuse or misuse of Consultant's work products on other projects or in connection with making
additions to the Project if Consultant is not retained in connection therewith.
7. Statutory Requirements: When applicable ORS 279B.220, 279 B.225, 279B.230, 279B.235, ORS Chapter 244,
ORS 670.600, 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract as though these
provisions were set forth in full herein.
8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature to the extent the harm caused arises out of or is incident to the performance of this contract by
Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to
perform work or services attendant to this contract). Consultant shall not be held responsible for any losses,
expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately
caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
H. 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
Hi. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation /Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
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c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works -in- progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, or Not Applicable 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' 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 its general liability and automobile insurance
policies required herein with respect to Consultant's services to be provided under this Contract. As evidence of
the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates
prior to commencing work under this contract. The certificate will specify all of the parties who are Additional
Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially
responsible for all pertinent deductibles, self- insured retentions and /or self- insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim between the City (and /or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
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representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE /SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
a NT ���/J //J CITY OF ASHLAND:
,..p A �f��' y�-�° BY ..41dC e
__signature FINANCE DIfftFOR
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Print Name
TITLE KP Z DATE 2 /2cYe/
CONTRACT AWARD AND FINDINGS DETERMINED BY:
DATE O By ,.0
City Depa ent Head Date: .Qybe..)
Approved as to
form by Legal: JCS �1 Date: ��29 f (q
Federal ID# ACCOUNT (oq OS 00 7.04 LCo
(For City purposes only)
`Completed W9 form must be submitted with contract PURCHASE ORDER 60 A
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EXHIBIT A
CERTIFICATIONS /REPRESENTATIONS: Contractor, under penalty'of perjury,
certifies that (a) the number shown on the attached W -9 form is its correct taxpayer ID
(or is waiting for the number to be issued to it and (b) Contractor is not subject to
backup withholding because (i) it is exempt from backup withholding or (ii) it has not
been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has
notified it that it is no longer subject to backup withholding. Contractor further
represents and warrants to City that (a) it has the power and authority to enter into and
perform the work, (b) the Contract, when executed and delivered, shall be a valid and
binding obligation of Contractor enforceable in accordance with its terms, (c) the work
under the Contract shall be performed in accordance with the highest professional
standards, and (d) Contractor is qualified, professionally competent and duly licensed to
perform the work. Contractor also certifies under penalty of perjury that its business is
not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an
independent Contractor as defined in the contract documents, and has checked four or
more of the following criteria:
I/ (1) I carry out the labor or services at a location separate from my residence
or is in a specific portion of my residence, set aside as the location of the
business.
(2) Commercial advertising or business cards or a trade association
z membership are purchased for the business.
(3) Telephone listing is used for the business separate from the personal
v residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a
period of one year.
(6) I assume financial responsibility for defective workmanship or for service
not provided as evidenced by the ownership of performance bonds,
warranties, errors and omission insurance or liability insurance relating to the
labor or services to be provided.
�G< -I 414 1 /1G/ Zut O
Contractor (Date)
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ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YY)
01/27/10
PRODUCER 0564249 1 800 833 7337 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Heffernan Insurance Brokers/ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Heffernan Professional Practices HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1808 Embarcadero Road, Suite A ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
r
Palo Alto, CA 94303 INSURERS AFFORDING COVERAGE
INSURED INSURER A:OneBeacon America Insurance Company
Carollo Engineers, A Professional Corporation
INSURER B: ACE American Insurance Company
10540 Talbert Avenue, Suite 200 East
INSURER C:
Fountain Valley, CA 92708 INSURER D:
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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
ITR DATE IMMMISYY1 DATE IMM/ODIYYI
A GENERAL LIABILITY 7180103170000 12/31/09 12/31/10 EACH OCCURRENCE $1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (My one fire) 500,000
CLAIMS MADE X OCCUR MEDEXP(Any one person) 25,000
PERSONAL &ADV INJURY 1,000,000
GENERAL AGGREGATE 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 2,000,000
POLICY X PRO-
..IF['T LOC
A AUTOMOBILELIABILITY 7180103170000 12/31/09 12/31/10 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT
ANY AUTO OTHERTHAN EA ACC
AUTO ONLY: AGG
A EXCESS LIABILITY 7180103170000 12/31/09 12/31/10 EACH OCCURRENCE 1,000,000
X OCCUR I CLAIMS MADE AGGREGATE 1,000,000
DEDUCTIBLE
RETENTION
A WORKERS COMPENSATION AND 4060316440000 12/31/09 12/31/10 X TORYTAMITS IO OT
H-
LIABILITY 1,000,000
E.L. EACH ACCIDENT
E.L. DISEASE EA EMPLOYEE 1,000,000
E.L. DISEASE- POLICY LIMIT 1,000,000
OTHER
B Professional Liability 021656495006 07/04/09 07/04/10 Per Claim $1,000,000
Retroactive Date: Unlimited Aggregate $1,000,000
Deductible $400,000
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTBPECIAL PROVISIONS
All operations of the named insured.
Professional Liability is written in aggregate limits of liability not less than the amount shown.
Re: Complete all engineering fora Categorical Exclusion (CE) for the installation of 1040 ZeeWeed embrane filter module:
at the Ashland Wastewater Treatment Plant, Carollo project R: Not yet assigned
The City of Ashland, Oregon, and its elected officials, officers and employees are included as additional insureds with
respects to General and Auto Liability.
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION *10 DAYS NOTICE FOR NON PAYMENT OF PREMIUM
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Ashland DATE THEREOF, THE ISSUING INSURER WILL efaX4 MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BI$DFXICXNEX0»IIX
20 E. Main Street ffi �XHM Nx�pr�rxIGUZEN EREMENWICNI[X
XiditalltMeXECIXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
USA
ACORD 254 (7197) drichie O ACORD CORPORATION 1988
14288167
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
@VANTAGE FOR AUT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi-
sions to determine the extent of your coverage.
SCHEDULE OF COVERAGE EXTENSIONS
1. Additional Insured By Contract 11. Extra Expense Broadened Coverage
2. Airbag Discharge 12. Fellow Employee Exclusion
3. Auto Theft Reward 13. Glass Repair Waiver of Deductible
4. Blanket Waiver of Subrogation 14. Hired Auto Physical Damage Coverage
5. Bodily Injury Redefined Mental Anguish 15. Hired Auto Worldwide Coverage Territory
6. Broad Form Named Insured 16. Lease Gap Coverage
7. Communications Equipment 17. Liability Coverage Supplementary Payments
8. Drive Other Car Executive Officers 18. Newly Formed or Acquired Organizations
9. Duties In The Event of Accident, Claim, Suit or Loss 19. Physical Damage Transportation Expenses
10. Employees As Insureds 20. Towing Any Auto
1. ADDITIONAL INSURED BY CONTRACT
The Who Is An Insured provision under SECTION 11 LIABILITY COVERAGE is amended to include as Ian
additional insured any person or organization with whom you agreed in a written contract, written agreement or
permit, to provide insurance such as is afforded under this Coverage Form. Such person or organization is an
insured only with respect to liability for "bodily Injury" or "property damage" caused, in whole or in part by your
maintenance, operation or use of your covered "autos
With respect to the insurance afforded to these additional insureds, this insurance does not apply:
a. Unless the written contract or agreement has been executed or the permit has been issued prior to the
"bodily injury" or "property damage';
b. To any person or organization included as an insured by endorsement or in the Declarations, or
c. To any,lessor of "autos" when their contract or agreement with you for such leased "auto" ends.
2. AIRBAG DISCHARGE
If you purchased physical damage coverage for a covered "auto" under this policy, we will pay to reset or re-
place an airbag that accidentally discharges without the vehicle being involved in an accident. No deductible
applies to this additional coverage. However, this coverage only applies if the airbag is not covered under a
manufacturer's warranty and you did not intentionally cause the airbag to discharge.
3. AUTO THEFT REWARD
We will pay up to a $2,000 reward in the event of a covered loss, for information leading to the arrest and con-
viction of anyone stealing a covered "auto A reward will not be paid to you, a family member, employee or any
public official while performing their duty.
4. BLANKET WAIVER OF SUBROGATION
The Transfer Of Rights Of Recovery Against Others To Us condition under SECTION IV LOSS CONDI-
TIONS is replaced by the following:
We will waive any right of recovery we may have against any person or organization because of payments we
make for injury or damage arising out of the operation of a covered "auto" when you have assumed liability for
such "bodily injury" or "property damage" under an "insured contract provided the contract is in writing and
executed prior to the "bodily injury" or "property damage
5. BODILY INJURY REDEFINED MENTAL ANGUISH
The definition of "bodily injury" under SECTION V DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or
death resulting from any of these at any time.
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6. BROAD FORM NAMED INSURED
a. The Who Is An Insured provision under SECTION II LIABILITY COVERAGE is amended to include the
following:
Any organization which is a legally incorporated entity in which you own a financial interest of more than
50% of the voting stock on the effective date of this Coverage Form will be a Named Insured until the 180th
day or the end of the policy period whichever comes first, provided there is no other similar insurance avail-
able to that organization.
b. Paragraph a. of this provision 6. does not apply to "bodily injury" or "property damage" for which an
"insured" is also an insured under any other automobile policy or would be an insured under such a policy,
but for its termination or the exhaustion of its limit of insurance.
7. COMMUNICATIONS EQUIPMENT
a. The exclusion for electronic equipment under Exclusions of SECTION 111 PHYSICAL DAMAGE COVERAGE
does not apply to loss of any permanently installed, non removable communications equipment designed
for use as a:
1. Citizen's band radio;
2. Two -way mobile radio or telephone;
3. Scanning monitor receiver, or
4. GPS Navigation System
including its antenna and other accessories.
b. No Deductible applies to this additional coverage.
c. The most we will pay for this coverage is $2,000 per occurrence.
8. DRIVE OTHER CAR— EXECUTIVE OFFICERS
a. The Who Is An Insured provision under SECTION II LIABILITY COVERAGE is amended to include:
If you are designated in the Declarations as:
1. An individual; you and your spouse.
2. A partnership; your partners and their spouses.
3. An organization other than an individual or a partnership; you "executive officers" and their spouses.
b. SECTION II LIABILITY COVERAGE and SECTION III PHYSICAL DAMAGE COVERAGE are extended
to include "autos" you don't own, hire, lease or borrow while in the care, custody or control of an insured
listed in 8.a. This does not include any "auto
1. Owned by any insured listed in 8.a., or any member of their household, including any such "auto" that is
owned but not insured;
2. Used by an insured listed in 8.a. while working in the business of selling servicing, repairing or parking
autos; or,
3. Insured under another policy of insurance.
If Medical Payments, Uninsured/Underinsured Motorist, Personal Injury Protection or other compulsory
coverages required by the governing jurisdiction are covered on this policy, then insureds listed in 8.a.
above and family members residing in the same households are "insureds" while:
1. Occupying as a passenger, or
2. A pedestrian when struck by
any auto you do not own, hire, lease or borrow, except any auto owned by that insured listed in 8.a, their
family members or an auto insured under any other policy.
c. The limits and deductibles applicable to this provision will be the largest applicable to any owned "auto" for
the specific insurance.
d. The following definition is added to SECTION V DEFINITIONS of the policy:
"Executive officer" means a person holding any of the officer positions created by your charter, constitu-
tion, by -laws or any similar governing document.
e. The Other Insurance Condition, under SECTION IV BUSINESS AUTO CONDITIONS, does not apply to
the provisions of this Drive Other Car endorsement. There is no "other insurance" applicable to this en-
dorsement.
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9. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
Under SECTION IV BUSINESS AUTO CONDITIONS the Duties In The Event Of Accident, Claim,
Suit Or Loss Condition is amended as follows:
The requirements that you must
a. notify us of an "accident" claim, "suit" or "loss" and
b. send us documents concerning a claim or "suit"
apply only when such "accident" claim, "suit" or "loss" is known to:
a. You, if you are an individual;
b. A partner, if you are a partnership;
c. An executive officer of the corporation or insurance manager, if you are a corporation; or
d. A manager, if you are a limited liability company.
10. EMPLOYEES AS INSUREDS
The Who Is An Insured provision under SECTION II LIABILITY COVERAGE is changed by adding the
following:
Any employee of yours while using a covered "auto" you don't own, hire or borrow in your business or
your personal affairs. This coverage is excess over any other collectible insurance.
11. EXTRA EXPENSE BROADENED COVERAGE
Under Paragraph A. of SECTION III PHYSICAL DAMAGE COVERAGE, the following Coverage is added:
We will pay for the expense of returning a stolen covered "auto" to you subject to Paragraph C. Limit
Of Insurance.
12. FELLOW EMPLOYEE EXCLUSION
The Fellow Employee exclusion under SECTION II LIABILITY COVERAGE does not apply if the "bodily
injury" results from the use of a covered "auto" you own or hire. This coverage is excess over any other in-
surance.
13. GLASS REPAIR WAIVER OF DEDUCTIBLE
Under Paragraph D. Deductible of SECTION III PHYSICAL DAMAGE COVERAGE, the following is
added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
14. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" under SECTION II LIABILITY COVERAGE and if Comprehensive,
Specified Causes of Loss, or Collision coverages are provided under this policy for any "auto" you own,
then SECTION III PHYSICAL DAMAGE COVERAGE is extended to "autos" you hire, subject to the fol-
lowing limit:
The most we will pay for "loss" to any hired "auto" is the lesser of:
a. $50,000,
b. The actual cash value, or
c. The cost of repairing or replacing it with other property of like kind or quality.
The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No
deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess
over any other collectible insurance.
Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest
coverage applicable to any covered "auto" you own.
We will also cover loss of use of the hired "auto" if the following conditions are met:
a. it results from an accident,
b. you are legally liable, and
c. the lessor incurs an actual financial loss.
The most we will pay for this loss of use coverage is $1,000 per "accident
VCA 201 02 05 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 4
Copyright 2004, IlhI! IIIIllllllll�llh�����lllnlllllllll !!1!!!!!
15. HIRED AUTO WORLDWIDE COVERAGE TERRITORY
The definition of coverage territory in General Conditions— Policy Period, Coverage Territory of SEC
TION IV BUSINESS AUTO CONDITIONS is amended to add:
Anywhere in the world for autos hired for 30 days or less, provided that any "suit" is brought in the
United States of America (including its territories and possessions), Puerto Rico or Canada.
16. LEASE GAP COVERAGE
Under Paragraph C. Limit of Insurance of SECTION III PHYSICAL DAMAGE COVERAGE, the follow-
ing is added:
We will also pay the difference between the actual cash value of a covered "auto" at the time of "loss" and
the remaining balance on your lease if the following conditions are met:
a. The "auto" has a long term lease and is covered on this policy.
b. The lessor is added as an Additional Insured in a written lease agreement.
c. You are legally obligated for the remaining balance.
We will not pay for any amounts representing excess wear and tear charges; additional mileage charges;
taxes; overdue payments; penalties, interest or charges resulting from overdue payments; or lease termina-
tion fees.
17. LIABILITY COVERAGE EXTENSIONS SUPPLEMENTARY PAYMENTS
Under SECTION II LIABILITY COVERAGE, the Coverage Extension for Supplementary Payments is re-
vised as follows:
a. The limit for the cost of bail bonds is amended to $3,500.
b: The limit for reasonable expenses incurred by the "insured" is amended to $500 a day.
18. NEWLY FORMED OR ACQUIRED. ORGANIZATIONS
a. The Who Is An Insured provision under SECTION 11— LIABILITY COVERAGE is amended to include
as an "insured" any organization that is formed or acquired by you and over which you maintain majority
ownership.
b. Paragraph a. of this provision 18. does not apply to any organization:
1. That is a joint venture or partnership,
2. That is an "insured" under any other policy,
3. That has exhausted its Limit of Insurance under any other policy, or
4. 180 days or more after its acquisition or formation by you, unless you have given us notice of the
acquisition or formation.
c. Paragraph a. of this provision 18. does not apply to "bodily injury" or "property damage" that results
from an "accident" that occurred before you formed or acquired the organization.
19. PHYSICAL DAMAGE TRANSPORTATION EXPENSES COVERAGE
Under SECTION 111 PHYSICAL DAMAGE Coverage Extensions, the limit for Transportation Expenses is
amended to $75 per day and the maximum is amended to $1,800.
20. TOWING COVERED AUTOS
Under SECTION III— PHYSICAL DAMAGE COVERAGE, Coverage for Towing is amended as follows:
a. This coverage applies to any covered "auto" for which a premium charge for towing and labor is shown
in the Schedule or in the Declarations.
b. The limit is $100.
Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc. VCA 20102 05
Copyright 2004, IIII!III!!!!II!I! III !!!!II!IIIIIIII!I!!!I!IIIIIIII
ADDITIONAL INSURED
This form modifies insurance provided under the following:
GL CONTRACTORS EXTENDER (VCG 206 02 05)
WHO IS AN INSURED (Section II) is deleted and replaced by the following wording:
A. Section II Who Is An Insured is amended to include as an additional insured any person or organization for whom
you are performing operations when you and such person or organization have agreed in writing in a contract,
agreement or permit that such person or organization be added as an additional insured on your policy. Such person
or organization is an additional insured only with respect to liability for "bodily injury," "property damage" or "personal
and advertising injury° caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf;
in the performance of your ongoing and completed operations for the additional insured.
The insurance provided to the additional insured is limited as follows:
a) This endorsement shall not increase the limits stated in Section III LIMITS OF INSURANCE.
b) This insurance does not apply to "bodily injury: or "property damage" caused by 'your work" included in the
"products completed operations hazard" unless you are required to provide such coverage for the additional
insured by a written contract or written agreement.in effect during this policy period and signed and executed
by you prior to the loss for which coverage is sought.
B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of the rendering of, or the
failure to render, any professional architectural, engineering or surveying services, including:
a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, inspections, architectural or engineering activities.
Primary Non Contributory: Any coverage provided by this endorsement to an additional insured shall be excess over
any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any
other basis unless a written contract or written agreement in effect during this policy period and signed and executed by
you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or
noncontributory basis.
Separation of Insureds: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or "suit° is brought.
Per Project Aggregate: Under Section III Limits of Insurance, the General Aggregate Limit applies separately to each
of your projects away from premises owned by or rented to you.
Waiver of Subrogation: Section IV Transfer of Rights of Recovery Against Others to Us Condition is amended to add
the following: We will waive any right of recovery we may have against any person or organization because of
payments we make for injury or damage arising out of your ongoing operations done under a written contract or
agreement with that person or organization and included in "your work° or the "products completed operations hazard
This waiver applies only to persons or organizations with whom you have a written contract executed prior to the "bodily
injury" or "property damage that requires you to waive your rights of recovery.
Named insured: Carollo Engineers, A Professional Corporation Policy No.: 7180103170000
Additional
Insured:
Any person or organization with whom you have agreed in written contract, executed prior to loss, to name as
additional insured.
0Iry RECORDER Page 1 1
prlA A c I T Y 0F S H L AN D DATE:. L`. PO NUMBER c
20 E MAIN ST. 2/4/2010 09413
ASHLAND, OR 97520
(541) 488 -5300
VENDOR: 000162 SHIP TO: Ashland Public Works
CAROLLO ENGINEERS, PC (541) 488 -5587
3033 N. 44TH STREET STE. 101 51 WINBURN WAY
PHOENIX, PZ 85018 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net 30 days Dept.:
Req. Del. Date: Contact: Scott Fleury
Special Inst: Confirming? No
U n i t it z: Gescriptwn ';i� i Unit Price Ext. Price
Engineering for a Categorical Exclusion 4,700.00
(CE) for the installation of 1040
ZeeWeed membrane filter modules at the
Ashland Waste Water Treatment Plant.
Contract for Personal Services
Date of agreement: 01/06/2010
Beginning date: 01/22/2010
Completion date: 04/08/2010
Insurance required /On file
SUBTOTAL 4.700.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541 552 -2028 TOTAL 4,700.00
ASHLAND, OR 97520
._Account Number„ 'Project Number
Amount' 'Account Number .Pr'ojeit Number ,Amount
E 675.08.19.00.70420C E 200865.100 4,700.00
Autl(a ized Signature VENDOR COPY
FORM #10 I CITY OF
CONTRACT APPROVAL REQUEST FORM ASHLAND
Description of GOODS SERVICES or PERSONAL SERVICES Total Amount
Contractor /Consultant: 2 �_,y- trio
'ECG. Y ro 0 t
V‘ attached contr ct
PUBLIC CONTRACTING REQUIREMENTS Solicitation Process
Exempt from Competitive Bidding Invitation to Bid (Copies on file) Emergency
Reason for exemption: 0—Written findings attached
Quote or Proposal attached
Small Procurement Personal Services Request for Proposal (Copies on file) Cooperative Procurement
Less than $5,000 Please check one: State of Oregon
Note: Total contract amount, including any Goods Services Contract
amendments may not exceed $6,000 Personal Services State of Washington
Contract
Intermediate Procurement Sole Source Other government agency contract
GOODS SERVICES Written findings attached Agency
$5,000 to $75,000 Quote or Proposal attached Contract
(3) Written Quotes Interagency Contract
PERSONAL SERVICES Special Procurement Agency
$5,000 to $75,000 Written findings attached Contract
(3) Written Proposals Quote or Proposal attached
Have all public contracting requirements been satisfied? YES 3 NO
If "NO Council approval is required. Council approval received on (Date)
Have funds been budgeted for the purpose of this contract? YES f NO
If "NO Council approval is required. Council approval received on (Date)
Please provide: Account Number 6 7 s Gt t 9 G C _7 Gl -o o
Is the amount of the contract less than $25,000? YES tf NO
If "NO Legal review is required. Contract was "Approved as to form" by the Legal Department on (Date)
Is the amount of the contract less than $75,000 for Goods Services
or $50,000 for Personal Services? YES NO
If "NO", Council approval is required. Council approval received on (Date)
Is the contract for a period of 24-months or less? YES NO
If "NO Council approval is required. Council approval received on (Date)
Please provide terms: Start date: 170,;`1 e O Completion date:
e e7
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES i- NO
If "NO Council approval is.requir te r d. Council approval received on (Date)
J
Ple se circle:
Prepared by:. CCC�» (..-,Ap rrove 1 Not Approved
/!9
Department: 2 r t G i "S G L t��---
Lee Tuneberg
Date: Cal r 0 Date: Z—/ 4/�
Form #10 Contract Approval Request Form, Page 1 of 1, 2/5/2010
CITY O F
A request for a Purchase Order
A S HLAND
REQUISITION FORM
Date of Request: 1/27/2010
THIS REQUEST IS A:
Change Order(existing PO Required Date of Delivery/Service:
Vendor Name
Address 4t' ,c, 5.v1/41. IAAac.AOL! s.1i 3s0
City, State, Zip pda_rt.e.t-s0 ozcsoc'M
Telephone Number Z
Fax Number S'b3 '221- 18��
Contact Name so3 27
i3Cr3 e=_C..a stat.°
SOLICITATION PROCESS
Small Procurement Sole Source Invitation to Bid
x Less than $5,000 Written findings attached (Copies on file)
Quotes (Optional) Quote or Proposal attached
Cooperative Procurement Request for Proposal
State of ORNJA contract (Copies on file)
Intermediate Procurement 0 government agency contract Special I Exempt
(3) Written Quotes Written findings attached
(Copies attached) Copy of contract attached Quote or Proposal attached
Emergency
Contract
Written findings attached
Quote or Proposal attached
Description of SERVICES Total Cost
;$a F 'v y+4 ry r
1i 51,0 ry 4 e
V iiiks Y
Per attached PROPOSAL CV-6-C--t ''c ;x.Ta r
4
Item Quantity Unit Description of MATERIALS Unit Price Total Cost
Per attached QUOTE TOTALSCOS7
Project Number ZOOS GS
Account Number JAS. CE, t 1:0 0.8 64 200
Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request.
Employee Signature' SupervisorlDept. Head Signature:
G: FinancelProceduretAP \Forms\Requisition form 08-65 Updated on: 1/2812010