HomeMy WebLinkAbout2011-064 Contract - WH Pacific Inc Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT: WH Pacific
ASH LAN D CONTACT: Daniel Boultinghouse
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 9755 SW Barnes Rd, Ste 300
Telephone: 541/488 -6002 Portland, OR 97225
Fax: 541/488-5311
TELEPHONE: 503.372.3611
DATE AGREEMENT PREPARED: 4/18/11 FAX: 503.526.0775
BEGINNING DATE: 4/25/11 COMPLETION DATE: 7/29/11
COMPENSATION: not to exceed $7,500.00
SERVICES TO BE PROVIDED: Develop cost estimates for major infrastructure projects in potential urban
renewal areas as outline in attached proposal.
ADDITIONAL TERMS: N/A
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, furnish 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. Services provided by the WHPacific under this Agreement will be
performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar conditions.
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. 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. City shall pay an
additional charge of one and one -half (1.5) percent of the invoiced amount per month for any payment received by
the Consultant more than sixty (60) calendar days from the date of invoice.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,703 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: To the fullest extent permitted by law, Consultant agrees to indemnify and save City, its officers,
employees and agents harmless from any and all losses, costs, expenses, judgments, or other damages to the extent
resulting from injury to any person includinq injury resulting in death), or damage (including loss or destruction) to
Contract for Personal Services, Revised 07/28/2010, Page 1 of 6
property, to the extent arising out of the negligent acts, errors or omissions by Consultant in its performance of
professional services under this Agreement (including but not limited to, Consultant's employees, and others
designated by Consultant to perform work or services attendant to this contract) to the extent that the Consultant is
responsible for such damages and losses on a comparative basis of fault with City. The Consultant is not obligated
to indemnify City for City's own negligence or intentionally wrongful conduct. 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. The parties understand and accept that any liability, including defense
costs, on the part of Consultant shall be strictly conditioned upon and in proportion to a finding of professional
negligence by Consultant as adjudicated by a court of competent jurisdiction. Subject to the foregoing, the parties
expressly agree that this indemnity provision does not include, and in no other event shall Consultant be required to
assume any obligation or duty to defend any claims, cause of action, demands, or lawsuits in connection with or
arising out of this Project or the services rendered by Consultant. Notwithstanding anything herein to the contrary,
neither party shall be liable to the other for any consequential damages incurred due to the fault of the other party,
regardless of the nature of this fault or whether it was committed by the Consultant or City, their employees, agents,
subconsultants or subcontractors. Consequential damages include but are not limited to loss of profits and loss of
use.
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;
U. 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
iii. 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
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
Contract for Personal Services, Revised 07/28/2010, Page 2 of 6
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 Consultant's negligent acts, error, or omission 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 only Consultant's General Liability and
Automobile Liability insurance policies required herein but only with respect to Consultants services to be provided
under this Contract. The consultant's insurance is primary and non contributory. 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
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.
Contract for Personal Services, Revised 07/28/2010, Page 3 of 6
Consultant: City I.
By AO/ tit By It!
ignat Departme t Head
Print Name Print •ame
Siteg14 .�afir LL %g /1 Z C 201
Title D. to
W -9 One copy of a W -9 is to be submitted with
the signed contract. Purchase Order No. G
Contract for Personal Services, Revised 07/28/2010, Page 4 of 6
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:
(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 membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
2< (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.
1
Contractor (Date)
Contract for Personal Services, Revised 07/28/2010, Page 5 of 6
NAN18280
AC M/
CERTIFICATE OF LIABILITY INSURANCE DATE(MDD/YYYY)
4/26/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such-endorsement(s).
PRODUCER CONTACT
Commercial Lines (206) 892 -9200 CAL# 0008408 NAME'
1 -Wells Fargo insurance Services USA, Inc. CA Lic #i 0008408 (A/C. N� EM); (uc, No):
601 Union Street, Suite 1300 ADDRESS:
1 INSURER(S) AFFORDING COVERAGE NAIC0
Seattle, WA 98101 -1371" INSURER Evanston Insurance Company 35378
INSURED WHPacifc, Inc. INSURER 5: National Union Fire Ins. Co. of Pittsburgh, PA 19445
300 West 31st Avenue,
INSURERC: ACE American Insurance Company 22667
INSURER D: Lexington Insurance Company 19437
INSURER E
Anchorage, AK 99503 INSURER F
COVERAGES CERTIFICATE NUMBER: 2674196 REVISION NUMBER: See below
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE AWL SUER POLICY EFF POLICY EXP LIMnS
LTR INSR WVn POLICY NUMBER (MM /DD/YYYY) (MM/OD/YYYY)
A GENERAL LIABILITY 11 PKG01067 05/01/11 05/01/12 EACH OCCURRENCE 1,000.000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) 50,000
CLAIMS -MADE I X' OCCUR MED EXP (Any one person) 5,000
X WA Stop Gap PERSONAL &ACV INJURY 1.000.000
Contractual Liability GENERAL AGGREGATE 2,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OPAGG 2,004000
POLICY F S I[. LOC i
B AUTOMOBILE LIABILITY CA0934796 05 /01/11 05/01/12 COMa accBIitlent NED SINGLE LIMIT, 1,000,000
(E E
X ANY AU B ODILY INJURY(Per person)
ALL OWNED SCHEDULED BODILY INJURY (Per accident)
AUTOS AUTOS
NON -OWNED PROPERTY DAMAGE
X HIRED AUTOS X AUTOS (Per accident
X Contractual Li
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS -MADE AGGREGATE
DED RETENTION$
WORKERS COMPENSATION x WC STATU- OTH-
C AND EMPLOYERS' LIABILITY Y/N WLRC46458138 05/01/11 05/01/12 TORY 1 IMITS FR
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1,000,000
OFFICER/MEMBER EXCLUDED? N N A
(Mandatory In NH) E.L. DISEASE- EA EMPLOYEE 1,000,000
If yes. describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT
D (Lex)Professional Liability 013001541 05/01/11 05/01/12 $2,004000 per Claim/ Aggre.
$250.000 SIR Per Claim
DESCRIPTION OF OPERATIONS LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Re: Project Name Contract for Personal Services
The City of Ashland, Oregon and its elected officials, officers and employees are Additional Insured under General Liability and Auto Liability when
required by written contract only with respect to Consultant's services to be provided by the Named Insured under this contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland, Dept. of Community Development THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: Maria Harris, Planning Manager ACCORDANCE WITH THE POLICY PROVISIONS.
20 E. Main Street AUTHORIZED REPRESENTATIVE
Ashland, OR 97520
I
The ACORD name and logo are registered marks of ACORD C)19138•2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05)
.r
POLICY NUMBER.: 11PKG01067
ENDORSEMENT
PRIMARYAND NON CONTRIBUTORY ADDITIONAL
INSURED W/ WAIVER OF SUBROGATION"
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
SCHEDULE
Name of Person or Organization:
AS PER witri"1T N CONTRACT
A. WHO IS AN INSURED (SECTION IT) is amended to include as an insured the
person or orkiniizleon "shown in the schedule. But :only with respect to liability
arising out of "your work" for that insured by or foot you.
B. As respects additional insureds as defined above. This insurance also applies ro
"bodil injury" or "property damage" arising out of your negligence when the
following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply- as primary insurance.
Any other insurance available to these additional insured's shall apply
excess and not contribute as primary to the insurance afforded by this
endorsement.
2. We waive any right bf recovery we ma/have against these additional
insured's because of payments we make for injury or damage arising our of
"your work" done under a written contract with the additional insured.
3. The term "insured" is used separately and not collectively, but the inclusion of
more than one "insured" shall not increase the limits or coverage provided by
this insurance.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lien of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of the
actual policy."
1E- 0054 -0404
NAN18280
ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE RAM/DO/YYYY)
4/20/2011
PRODUCER Commercial Lines (206) 892 -9200 CAL# 0008408 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wells Fargo Insurance Services USA, Inc. CA Lick 0008408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
601 Union Street, Suite 1300
Seattle, WA 98101 -1371 INSURERS AFFORDING COVERAGE NAIC
INSURED WHPacific, Inc. INSURER Evanston Insurance Company 35378
300 West 31st Avenue, INSURER e: National Union Fire Ins. Co. of Pittsburgh, PA 19445
INSURER c: ACE American Insurance Company 22667
INSURER D: Lexington Insurance Company 19437
Anchorage, AK 99503 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 ADD L TYPE OF INSURANCE POLICY NUMBER M/
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRC DATE IMM/DPITYI DATE IMDD/YYI
A GENERAL LIABILITY 10PKG01067 05/01/10 05/01/11 EACH OCCURRENCE 1.000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 50.000
m
PREMISES (Fa nmnnrnl
CLAIMS MADE OCCUR MED EXP (My one person) 5.000
X WA Stop Gap PERSONAL 8 ADV INJURY 1,000,000
Contractual Liability _GENERAL AGGREGATE 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG 2,000,000
1 POLICY I—X1 PF f I LOC
B AUTOMOBILE LIABILITY CA0934613 05/01/10 05/01/11 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) 1,000,000
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS (Per Person)
X HIRED AUTOS
BODILY INJURY
X NON-OWNED AUTOS (Per accident)
X Contractual Liability
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT
1 ANY AUTO OTHER THAN EA ACC E
AUTO ONLY:
AGG
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE
OCCUR CLAIMS MADE AGGREGATE
DEDUCTIBLE
RETENTION
C WORKERS COMPENSATION AND WLRC44348937 05/01/10 05/01/11 x I TORY IMITSI 1 O FR
EMPLOYERS' LIABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT 1.000.000
OFFICER/MEMBER EXCLUDED? E.L. DISEASE- EA EMPLOYEE 1,000,000
If yes, describe under
SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT 1,000.000
OTHER
D (Lex)Professional Liability 013001541 05/01/10 05/01/11 $2,000,000 per Claim/ Aggre.
$250.000 SIR Per Claim
DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS
Re: Project Name Contract for Personal Services
The City of Ashland, Oregon and its elected officials, officers and employees are Additional Insured under General Liability and Auto Liability when
required by written contract only with respect to Consultant's services to be provided by the Named Insured under this contract.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL d0 DAYS WRITTEN
City of Ashland, Dept. of Community Development NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Attn: Maria Harris, Planning Manager IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
20 E. Main Street REPRESENTATIVES.
Ashland, OR 97520 AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 o f 2 2659914 0 ACORD CORPORATION 1988
POLICY NUMBER.: 10PKG01067
ENDORSEMENT
PRIMARY AND NON CONTRIBUTORY ADDITIONAL
INSURED W/ WAIVER OF SUBROGATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS /COMPLETED OPERATIONS LIABIITIYCOVERAGE PART
CONTRACTORS POLLUTION LIABILITY COVERAGE PART
PROFESSIONAL LIABILITY COVERAGE PART
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY.
SCHEDULE
Name of Person or Organization:
AS PER \VRIYI'EN CONTRACT
A. WI-10 IS AN INSURED (SECTION II) is amended to include as an insured the
person or organization shown in the schedule. But only with respect to liability
arising out of "your work" for that insured by or for you.
B. As respects additional insureds as defined above. This insurance also applies to
"bodily injury" or "property damage" arising out of your negligence when the
following written contract requirements are applicable:
1. Coverage available under this coverage part shall apply as primary insurance.
Any other insurance available to these additional insured's shall apply
excess and not contribute as primary to the insurance afforded by this
endorsement.
2. We waive any right of recovery we may have against these additional
insureds because of payments we make for injury or damage arising our of
"your work" done under a written contract with the additional insured.
3. The term "insured" is used separately and not collectively, but the inclusion of
more than one "insured" shall not increase the limits or coverage provided by
this insurance.
"Insureds are advised that certificates of insurance should be used only to provide
evidence of insurance in lieu of an actual copy of the applicable insurance policy.
Certificates should not be used to amend, expand, or otherwise alter the terms of the
actual policy."
1E- 0054 -0404
WHPacifie
SCOPE of woxx
1. Based on'the -list oftsystem 'levelimprovements.identified as necessary for the development of
the Croman Mill District, Railroad. Property and Downtown in the Feasibility Study WHPacific
will develop unit costs. WHPacifirwill conduct a survey of similar, recent, improvement projects
to establish relevant unit costs based on the required list of system -level improvements. The
similar project search will begin in Ashland and move to the surrounding cities and county. If
no similar projects can be found in the immediate area we will extend the search area to the
state but make adjustments if needed to the unit costs:
2. Based on the previous task, and taking into account the scope and location of the necessary
improvement projects in Ashland, recommend a unit cost for each improvement project,
3. Provide a technical memorandum summarizing; the analysis:
4. 'Confer via email and/or phone with City of Ashland staff to review the analysis.
5. One project cost estimate, for each proposed location
Maximum not to exceed fee: $7,500.00. Duration of contract same as duration of the Feasibility Study,,
i.e. through June 30, 2011.
9755 SW Barnes. Road, Suite 300 Portland, OR 97225 T503.626.0455 F503.526.0775' www.whpacifie.com
CITY RECORDER Page 1 1
11411 CITY O F
A r A 1�i D DATE 1: l: NUMBER..' 20 E MAIN ST. 5/5/2011 10158
ASHLAND, OR 97520
(541) 488 5300
VENDOR: 016038 SHIP TO: Ashland Planning Department
WH PACIFIC INC (541) 488 -5305
300 WEST 31ST AVENUE 51 WINBURN WAY
ANCHORAGE, AK 99503 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net Dept.:
Req. Del. Date: Contact: Bill Molnar
Special Inst: Confirming? No
1`- Unit Pricey"
Develop cost estimates for major 7,500.00
infrastructure projects in potential
urban renewal areas as outlined in
,attached proposal.
Contract for Personal Services
Beginning date: 04/25/2011
Completion date: 07/29/2011
Insurance required /On file
Not to exceed $7,500
SUBTOTAL 7,500.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541 -552 -2028 TOTAL 7,500.00
ASHLAND, OR 97520
,.�A ccounvNumlier Pro'ectlNi tuber
Amount`. r
E 110.09.27.00.60410( 7,500.00
4C o�
Authorize
ign
AUthoriZe VENDOR COPY
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: 4/25/11
Required date for delivery:
Vendor Name WH Pacific
Address, City, State, Zip 9755 SW Bames Rd, Suite 300, Portland, OR 97225
Contact Name Telephone Number Daniel Boultinghouse, #(503) 372 -3611
Fax Number
SOLICITATION PROCESS
Exempt from Competitive Bidding Emergency
Written Findings (Form attached) Invitation to Bid (Copies on file) Written findings attached
Quote or Proposal attached Date approved by Council: Quote or Proposal attached
Small Procurement Cooperative Procurement
Less than $5,000 Request for Proposal (Copies on file) State of Oregon
Note: Total contract amount, including any Date approved by Council:_ Contract
amendments may not exceed $6,000 State of Washington
Intermediate Procurement Sole Source Contract
GOODS SERVICES Written Findings (Form attached) Other govemment agency contract
$5,000 to $100,000 Quote or Proposal attached Agency
(3) Written quotes attached Contract
PERSONAL SERVICES Special Procurement Intergovernmental Agreement
$5 J100 to $75,000 Written Findings (Form attached) Agency
Ij Less than $35,000, by direct appointment Quote or Proposal attached Contract
(3) Written proposals attached Date approved by Council:_ Date approved by Council:
Description of SERVICES Total Cost
Develop cost estimates for major infrastructure projects in potential urban renewal areas
as outlined in attached proposal. Not to exceed $7,500.00
Item Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL;COST
Per attached QUOTE "17.717
Project Number: Account Number: 110-09-27.00-604100
*Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed.
By signing this requisition form, 1 cedify that the information provided above meets the City's public con ctin. rements, a documentation can be provided
upon request. 11
Employee Signature: Department Head Sign. A L
Additional signatures (if applicable):
Funds appropriated for current fiscal year a NO /s
Finance Direct() Date
Comments:
G: FlnancelProcedurelAPWForms1Form #3 Requisition Updated on: 4/25/2011