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HomeMy WebLinkAbout2011-074 Contract - Construction Engineering -' Contract for PERSONAL SERVICES CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002. Fax: 541/488-5311 CONSULTANT: Construction Engineering Consultants, Inc. CONTACT: Patrick W. Havird ADDRESS: P.O. Box 1724, Medford, OR 97501 DATE AGREEMENT PREPARED: 05/11/2011 BEGINNING DATE: 05/16/2011 COMPENSATION: $12,855.00 TELEPHONE: (541) 779-5268 FAX: (541) 779-3139 COMPLETION DATE: 10/01/2011 SERVICES TO BE PROVIDED: Provide City of Ashland with construction plans and specifications for the 2011 Street Overlay Project. Streets include the following: N Mountain Ave, Allison, Taylor and Wightman ADDITIONAL TERMS: 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: Consuitant 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. 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. 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: 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 (inciuding loss or destruction) to properly, of whatsoever nature arising out of or 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, iudQments, or other damaQes, directly, solely, and proximately caused by the neQliQence of city. Contract for Personal Services, Revised 07/28/2010, Page 1 of 5 10. Termination: a. Mutual Consent This contract may be terminated at any iime by mutual consent of botn partieS. b. Citv'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; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this 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. Oblioation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obiigations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardiess whether such notice is given pursuant to subsections a, b, cor 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 defauit 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 ComDensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv 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 io 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 Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1 000000, or Not Aoolicable for each accident for Bodily Iniurv and Prooertv Damage, I Contract for Personal Services, Revised 07/28/2010, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e: Notice of cancellation or chanQe. 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 any insurance policies required herein but only with respect to Consultant's 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 deductib!es, 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 soiely 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 fiscai 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, I.imitations 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 sian the certification attached hereto as Exhibit A and herein incorporated by reference. consult~/ , h'/ . . City of AShl~nd l By ~ ~ By ~~/_' - ----" . Signature Department Head PA'17t! I~K 11I.,l/.q VIR.D Print Name fJelE~/f)ENr Title '{I'\."""'~l R. ~I~ Print Name ~- /17/ u Date W-9 One copy of a W-9 is to be submitted with. the signed contract. Purchase Order No. I tJ (; c?-- Contract for Personal Services, Revised 07/28/2010, Page 3 of 5 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 10 (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 e'1forceable in accordance ~ith 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. - , ". (4) Labor or services are performed only pursuant to written contracts., "', " '''''';: -. ~...;).. ','" ",.... -....:: ....' -_._....,..~-........ ..,.,\ "'.... .....,~,.~'1i, "- (5) Labor or services are performed for two or more different persons\itiihiri a period cifone ", ,"\ year. C\ ~.'N ~""" :'N ,;>\":..\''J;'\R\ (6) I assume financial responsibility for defective workmanship or for service not provided " . as evidenced by the ownership of performance bonds, warranties, err~rri!i1'i~~il3t,11\ insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Personal Services, Revised 07/28/2010, Page 4 of 5 EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of pe~ury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer 10 (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 Intemal 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 j .I I 1- (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. (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. ~/L~ S:/;~/;I (Date) Contract for Personal Services, Revised 07/28/2010, Page 4 of 5 . CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING' ALL employers described below must comply with City of Ashland laws regulating payment of a living wage. r~' 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 $18,703 or more. ~ For all hours worked in a . month if the employee spends 50% or more of the , , e.mploYeEj's time i~ t~gt I)lonth . working on a project or ~per hour effective June 30,2010 (Increases annually every June 30 by the Consumer Price Index) 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 Ashiand in excess of $18,703. ~ 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 child care ) benefits to the amount of wages received by . the employee. ~ Note: 'Employee' does not include temporary or part-time employees hired for less than 1040 hours in any twelye- month period. For more details on applicability of this policy, please see Ashland Municipal Code Section 3,12,020. For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. Contract for Personal Services, Revised 07/28/2010, Page 5 of 5 CITY OF ASHLAND " P.O. BOX 1724- MEDFORD, OR 97501- PH (541) 779-5268 - FAX (541) 779-3139 April 26, 2011 City of Ashland Engineering Department 51 Winburn Way Ashland, Oregon 97520 ATTN: Karl Johnson RE: City of Ashland - 2011 - Street Overlay Project Dear Karl, We are pleased to submit the attached proposal 10 provide professional engineering services for the proposed 2011 asphalt overlay project for your consideration. If you have any questions, comments, or need addi1ional information please feel free 10 give me a call. Sincerely, CONSTRUCTION ENGINEERING CONSULTANTS ~p?- ee: file ene. proposal . P.O. BOX 17240 MEDFORD, OR 975010 PH (541) 779-52680 FAX (541) 779-3139 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS FOR PROFESSIONAL ENGINEERING SERVICES 20 II STREET OVERLAY PROJECT # 20 I 0-1 0 Submitted by: Construction Engineering Consultants Inc. (Corporation) Federal Tax ID: 931103509 Patrick W. Havird, P.E., President \ Oregon Professional Engineer 15993 132 West Main Street, Suite 201-B Medford,OR97501 Phone: (541) 779-5268 Fax: (541) 779-3139 E~at~2rin::/ p~HaVird, President #Z~/tl Date ,. Introduction: Critical to the success of the 2011 street overlay project is a consultant with an extensive background in asphalt overlay projects. We have special training specific to the overlaying of existing streets. We have provided engineering services for many successful street overlay projects working with both private and public clients. Project Description: The proposed project consists of a. proposed asphalt overlay for the following streets: Allison Street - Gresham Street to Sherman Street Taylor Street - Holly Street to Ashland Street Wightman Street - Quincy to Siskiyou Boulevard North Mountain Avenue - Hersey Street to Interstate 5 Anticipated Scope of Work: 1. Measure areas of streets to be overlayed. City aerial mapping will be utilized to determine overlay areas 2. Determine areas of repair needed on North Mountain and Wightman Street. Site visits will be performed to determine areas requiring repair, these areas will then be indicated on the project plans. 3, Provide coring of street surfaces to determine pavement thickness and base composition and patch cored areas. A geotechnical sub-consultant will be utilized for street corings. In discussions with Jim 'O/son, two corings are anticipated for Wightman Street. 4. Acquire traffic data from City records including traffic volumes and street classifications. This data will be utilized for pavement overlay and repair design calculations. 5. Design pavement repairs. Visual inspections, corings, traffic indexes and street classifications will be used to determine and design pavement repair sections. 6. Design pavement overlay thickness. Corings, city provided existing street section data, traffic indexes, limited R-value testing, and street classifications will be utilized for pavement overlay thickness design. 7. Provide minimal project plans. Project plans will be prepared using City provided aerial mapping as a background. Areas requiring repairs will be shown as well as the overall project extents. Striping and utility adjustments will be itemized. Typical sections will be provided to show grinding and overlay requirements. 8. Provide bid and contract documents using City of Ashland standards. We will determine bid quantities for use in preparing the project bid documents 9. Attend pre-bid conference. We will be in attendance for the pre-bid and/or pre-construction conference to answer any questions that may arise concerning the project. 10. Provide technical assistance during the bidding phase. We will be available for any questions or technical assistance as required during the bidding phase of the project. 11. Provide minimal inspection during the construction phase. We will provide inspections as requested by the city during construction. . 12. Surveying - Street centerline monumentation preservation. Shawn Kampman with Polaris Land Surveying will be used as a sub-consultant for the required surveying. elL monument locations will be recorded prior to construction using a four-way cross reference system set in existing curbs. Following construction, the centerline monuments will be checked to ensure that there has been no movement. Schedule: We are able to start work on the project immediately pending legal contracts and city authorization. As soon as authorization to proceed is given, we can have plans and bid documents submitted within two and a half to three weeks. Service Fee Schedule: Professional Engineer - $95/hour Project Designer - $85/hour Inspector - $65/hour . CAD Technician - $55/hour Office Technician - $45/hour , Surveyor - $1 DO/hour Geotechnical Sub-consultant - $11 O/hour " Anticipated Cost of Services: $12,855.00 Please see the following page for a breakdown of the anticipated cost of services. ] 0 I- 0 0 c 0 J!! :: ;; '3 0 ~ tl e 0 tl '" 1. I- - ~ (f) J'! I!! .. 1: oc 0 0 .n "' ;; :; 0 U tl " 0. ~ '" -= I- - J'! I!! .. 1: oc 0 .c 0 0 .n !"- I'- ;; 0 0> tl e ":ii " '" e l- I- .8> e " ~ w 16 :E oc .c 0 0 0 " \; .n '" ;; " 0 e tl 0> 'in " CI '" U - I- " " I!! '0' 16 Ii. 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Ii. '" 0 ~ 0 0 ::;; CI tl ".. CI CI tl <( "- tl (f) ~ . 0 N "" - N '" ... "' "' I'- '" '" - '" - - .- .. I- '" , ,. o o ..; on .. N - ;,; " ... ." J'! .. E '" '" w ] ~ -c o '" '0 " 0- o o ~ ." J'! .. 0. ~ e .. .5 ." " ~ " o ~ e .2 C. .~ o ~ " ." U " '" ~ I!! " .0 E ~ e -'" '" .. I- CITY Of ASHLAND May 11,2011 Construction Engineering Consultants, Inc. P.O. Box 1724 Medford, OR 97501 RE: A WARD OF CONTRACT FOR THE 2011 STREET OVERLAY PROJECT - PROJECT NO. 2010-10 Dear Patrick, On April 28,2011 at 2:00pm the City of Ashland received and opened eigh1 (8) proposals for the "Development of the 2011 Street Overlay Project". Proposals were received from Construction Engineering Consultants, Hammond Engineering, Hardey Engineering, Marquess & Associates, OBEC Consulting Engineers, Public Works Management, Thornton Engineering and ZCS Engineering, Inc. The proposals were evaluated in accordance with two main criteria set forth in the RFP, proposed total cost and proposed time frame to supply City with plans and specifications, with scores assigned to each proposaL The scores were totaled to determine the ranking of the proposers. The top ranked firm was Construction Engineering Consultants, Inc. Enclosed for your signature are two copies of the contract. Please return the two signed copies at your earliest convenience and we can then set up a meeting to review the project requirements. We look forward to working with you on this project. ~ Karl son Assistant Engineer CC: Jim Olson Scott Fleury Engineering 20 E. Main Street Ashland, Oregon 97520 www.ashland.orus Tel: 541/488-5347 Fax: 541/488-6006 TTY: 800/735-2900 r~' G:\pub-wrks\eng\IO-IO Street Overlays\A_Admin\Eng Vendor (CEC lnc)\Contract Documents\Final Contr Oocs\10-10 Street Overlya - Award of Contract 05-11-ll.docx ~ AcoRD" CERTIFICATE OF LIABILITY INSURANCE I OATE(MMJOOIYYYV) ~ 5/20/2011 THIS CERTlFlCATE 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 holde...ls an ADDI110NAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAlVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer r1ghts to the certificate holder In lieu of such endorsementCs). PRODUCER ~ME~"" Susan Wilson, AAI f AlC Beecher carlson Insurance Aqency LLC r4~g~o EwtI: (541) 772-1111 I r~~ No: (541)772-3785 707 M\u:phy Rd ~~ss: susan. wilson@beechercarlson.com 6~ST~~~:ID ,pOOO8780 Medford OR 97504 INSURER(S) AFFORDING COVERAGE HAle,. INSURED INSURER A ;TranSDortation :Insurance Co 20494 INSURERB ;Continenta1 Casua1 tv ComDanv CONSTRUCTION ENGINEERING CONSULTANTS INSURER C ; PO BOX 1724 INSURER D ; INSURER E ; MEDFORD OR 97501 INSURER F ; COVERAGES CERTIFICATE NUMBER:CL1l42701321 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOVV HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITIOO OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO w-tlCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITlOOS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF :3~ LIMITS LTR POLICY NlMBER MMI GENERAL LIABILrTY EAO-l OCCURRENCE , J.,OOO,OOO - PREMISES Ea :~~ncel - ~:r.1ERCLlIJ... GENERAl lIABILITY , 300,000 A CLAlMs-MADE 00 OCCUR 067238511 /15/2011 /15/2012 MED EXP (My one person) , 10,000 - PERSONfIL & /'DV INJJRY , 1,000,000 GENERAl AGGREGATE , 2,000,000 ~~ AGGREnEILlMlT APrlSIPER: PRODUCTS - COMP/OP AGG , 2,000,000 X POLICY P~,2r LOC . AUTOMOBILE LlAB1LrTY COMBINED SINGLE LIMIT . J.,OOO,OOO - (Eaaccident) - ANY AUTO BODILY IN-URY (Per person) , A ALL O';'\.-t'jED AUTOS 061238511 /15/2011 /15/2012 - BODILY INJURY (Per accident) . X SCHEDULED AUTOS PROPERTY DAMAGE (Peracddent) . X HIRED AUTOS NON-OW'JEDAUTOS , - . UMBRELLA LIAB H ~CCUR EACH OCCURRENCE , - EXCESS LIAB CLAIMS-MADE AGGREGATE , - DEDUCTIBLE , RETENTION , , WORKERS COMPENSATION INC STATU- IOJ61- AND EMPLOYERS. LIABILITY YIN ANY PROPRIETORIPARTNERlEXEruTIVE D NI' EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUOED? (NlIndatorylnNHI EL DISEASE - EA EMPLOYE $ If yes, describe under EL DISEASE - POLK:Y LIMIT , DESCRIPTION OF OPERATIONS below B Professional Liablity ~FH114001378 16/3/2010 /3/2011 limdperdaim $1,000,000 (Errors " Omissions) $5,000 Deductible/Claim ,.o.,g~egalellmd $2,000,000 DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (Attaeh ACORD 101, Additional RemarXs Sehtdult, If mort speet Is rtqulrtd) Certificate holder included as additional insured (ercluding professional liability) per attached endorsement SB146968A where required by written contract. Subject to policy terms ( conditions and exclusions. CERTIFICATE HOLDER CANCELLATION (541)488-6006 johnsonk@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRA 110N DATE THEREOF, N011CE WILL BE DELrVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROvtSIONS. Public Works Department AlJTH)R1ZED REPRESENTATIve Attn: Karl Johnson E.:I.T. 20 East Main Street Ash1and, OR 97520 ""'- L '"0. u..lJ!<__ S Wilson, AAI, AICI su ...J~ ~ -" ACORD 25 (2009/09) INS025 (200909) @ 1988-2009 ACORD CORPORATION. All rights rosorvod. The ACORD name and logo are registered marks of ACORD ) B. m l)j i I I ~ ~ w ...... - - = - - - - - - - - ~NA SB-146968-A (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury: The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liabiiity due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Lim~s of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Deciarations. . 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFlNrnONS - "Insured Contract" (Section F.9.) within the Businessowners Liability Coverage Form, does not apply to 'bodily injury' or 'property damage' arising out of the 'products-compieted operations hazard' unless required by the written contract or written agreement. SB-146968-A (Ed. 01/06) 4. The insurance provided to the additional insured does not apply to 'bodily injury," 'property damage," 'personal and advertising injury' arising out of an architecfs, enginee(s, or surveyor's rendering of or failure to render any professional 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 by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," 'property damage," or 'personal and advertising injury' arising out of: ' a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS - Duties In The Event 01 Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or 'suit' under this insurance; Page 1 of2 2. Tender the defense and indemnity of any claim or "suit' to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Par!; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written no~ce of a claim or 'suit' from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessownars Common Policy Condi~ons are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontribu~ng to the additional insured's own coverage, This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we wlil have no duty under Coverages A . or B to defend the additional insured against any 'suit' if any other insurer has a duly to defend the additional insured SB-146968-A (Ed. 01/06) SB-146968-A (Ed. 01/06) against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this ins.urance is excess over other insurance, we will pay only our share. of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any. wifh any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the "products-completed operations hazard.' Page 2 of 2 -... Commercial Certificate of Insurance A FARMERS' Agency Joseph Rayburn Nalll~ . 3619 Aviation Way 5t e 101 & , Medford, OR 97504-9 KJO Address , 541-772-6IU7 St, 73 ObI. 01 Ag~lIl. 341 I..uo Dote IMM/IJIJ/YYl 105/19/2UII .=,. 1 Thb t::ertiflcate is issuer! as a lUiilleT of InfufDustion only and confers 110 righrs. upon the ccrUfioste holdt!r, Thi3 cel'rlOl;dL~ does not amend. exr,cud or llltel' r.llt! coverage r1niJrdl:!d by thclRllides shown below, Name & Address , CUNSUL TANTS LNC , CON5TRUL'TION ENGINEERING , PO BOX 1724 , METlFORD, OR 97501 Compani~s Providing Coverag~: Camll:!ny A Truck Tu:)urancr. F:x.dl(tuge 1~1t~ Campa.,)' B Famlp.~ I nSUl"ancp. I':xl:hange J.d(~'J' ' Company C Mill. Cennu'y, Iusural1C:c Comp' any letttr . . l'lJmpal'Y 0 Lee"" In~ul'ec.J Coverages Ttili is to certIfy rtl(llllie policies of In.sw-ctnce li.m,:d beluw have been Is.~llt~d lo the insurcd rtaruet.l above for tlie polic:y pnrllJd jndiCiltr.n. Notwithstilnding auy requiremenf, term UI wnditlon of auy wntr.lct. or other tJocument. wItIl ~pect to whkh LhD certlflC(l(l'! may bp. lS$ucd ur may pertain, lhe insuralJc~ -t- ilrfurued by the polldr"s \t~rtbed hCI'cln i:; ~ubject to illlllle lerms, ex~lusloll:; i:Ind cundl[lo~ uf:;uc.:h poJldcs. Limits !;hoWI1 may have brl!11 reduc.:ed by Ilald dillfUS. Co, l.1f. Type of InsurclUce Policy Number PuUcy Elfectlve Date (MMIOD/YY) Pulicy Explrollull Uate (MM/DDIYV) )Joliry limits Gcneml Liability Cuuul1l!rl:ial Genf!rnl Liilbilily - CknuTeure Version Contractuill - Inr.hlt!rltill O,il,y Owne~ R, COlltrdftors Prot. Cencrill Aggregate $ ProcluC,:b-Comp/OllS AMI'CRilll:! I Pel'sumd& ^dvertl~iIlK hdwy S Each Occurn!JIce $ I"IJ'\~ J)(;IIIIag~ (AlIyolI,fire) S Mt!diCilI r:xJlen~l! (^ny one pmun). S Cumbined SlnRlc LImit $ 5UO,OOO Bodily In~Ory (per pcfSlJlJ I ~onlly IlIjOf)' I (P""'irl'nt) Pruperty LJillllil~l'! 15()(),OOO Gnt"'dge !\SSrr.gtlf{~ I -.. J,illl.it $ Statutory ~:\ldl Al.:cidf.nf I Disease.. 1':i1l.,:1I Emplo,y"'p. I Di~it~C - PuliLJ Limit I -'r-- JJ 1< Automublle Liability AU OWIlI!\1 o.munerdal AutO!; Sr.lu~du 11!C.1 Autos HlrerlAutll) Nan-Owned AlIlu~ CiIJ'j]~ l,hllJility m4996U76 05/10/2011 U5/1O/2012 1< Umbrella liability Workers' Compellsallun and Empluyers' liability Dl~..:ription of ()pl.!l.'alionslVcl1,ld~s/Restrlctiun.s/Spcclal ilems: V"hide(s): 200 I CHEVROl.lrr SlL VERADO 2GCEK 19T211332n7 - 2004 CHEVROI:ET SlL VHI~ ADO 2GCEKI9V(,41264550 _ 2006 CHEVROl.ET SlI.VERADO I GCHK2.1t.J56FI46536 Certificate Holder Knrl Juhnsnn E.l.T. Nalllo ,City of Ashland, Publi" Work. Dept. /<. 2U E. Main Street Ad~roSli . Ashland. OR 97520 Cancellation Should any of the alJove df"=-"CfUJed pollr.les be t:ancr.llec.l ~fbrr. rhe ~jra[lofl date rherc..'Uf, the Issuing company will endr.i'lVor tu mall :iO dnY~ wrlu.~rlllotice to the (wtUh.:ate holder f1C1med to r.he left, bur faQurt! to mall ~Ul.:h nmlr.c ~hall impose 110 o.uligation 01' Iiauility of any lti n Ih~.c pan}, it . gent" fJf represr.nlalives. -- !.li-7.'HI;i! '1-9'1 i\iiiJiOriZ,u R'p,,,.olatl'. 'Copy Distrlbulion;'SelVice Center Copy and Agent's 1d Wd01:~0 110c 51 'hew 8~8S5LL1VS: 'ON ~~ AJN39l:J 3JN~nsN I NOInHAI:J<I 30.[: ':; , . www.saif.com OREGON WORKERS COMPENSATION CERTIFICATE OF INSURANCE .!!'i! CERTIFICATE HOLDER: CITY OF ASHLAND, PUBUC WORKS DEPT. 20 E, MAIN STREET ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the pOlicy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. 497145 POLICY PERIOD 10/01/2010 to 10/01/2011 ISSUE DATE 05/19/2011 INSURED: CONSTRUCTION ENGINEERING CONSULTANTS PO BOX 1724 MEDFORD, OR 97501-0134 BROKER OF RECORD: LIMITS OF LIABILITY: Bodily Injury by Accident Bodily Injury by Disease Body Injury by Disease $500,000 $500,000 $500,000 each accident each employee policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE !)r?J>- Jr R.q4iJ----- President and CEO 400 High Street SE Salem, OR 97312 P,800.285.8525 F, 503.373.8020 Policy_Batch_CertificateOnnsurance , r:'~' C I T Y 0 F CITY RECORDER ASH LAN D I' 5/;0~~~1;1 . , .1 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 Page 1/1 ,"PO:NUMBER.' . 10172 VENDOR: 016077 CONSTRUCTION ENGINEERING, CONSULTANTS PO BOX 1724 MEDFORD, OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Dei. Date: Speclallnst: Req. No.: Dept.: Contact: Karl Johnson Confirming? No :,:J {Quantitv::~' :-,"lin i"i " ':',.:;;If'';' . . . Descriotion .... . . .. . . Unit P.Fic"e .-_. ':;. Ext:,Price . . .' ... Provide City of Ashland with 12,855.00 construction plans and specifications for the 2011 Street Overlay Project. Streets include the followin!1: N. Mountain Ave, Allison St, Taylor St and Wightman St. Contract for Personal Services Beginning date: May 16, 2011 Compietion date: October 1, 2011 Insurance required/On file SUBTOTAL 12855.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 12,855.00 ASHLAND, OR 97520 ':~"~Acc~oUiit1Numoerf;_':"[~ ~~if;froJeceNumb'e(";'. ? .. :"'Amoun(.~: ,- ':'Accourit,Numbe} :c. (-.,-,', p'idject' NumberE~;:'/ r:;L~:;:1'i'nt84Htl~;',':':,' , " E 260.08.12,00.70420 E 20101 0.100 12 855.00 ~ p# ~sl9nature VENDOR COPY I FORM#~ I A request for a Purchase Order , REQUISITION CITY OF ASHLAND Date of request: Required date for delivery: .:' . ~.~, . 05/17/2011 , :A~t\P' Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number Construction Enqineerinq Consultants, Inc. P.O. Box 1724, Medford, OR 97501 Patrick W, Havird, (541) 779-5268 (541) 779.3139 SOLICITATION PROCESS D Exempt from Competitive Blddina D Written Findings (Form attached) D Quote or Pro sal attached D Small Procurement Less than $5.000 Note: Total contract amounl, including any amendments may not exceed $6,000 Intermediate Procurement GOODS & SERVICES $5,000 to $100.000 D (3) Written quotes attached /" .1 tL- PERSONAL SER ~ r;; w . 5000to 0 ".... 1-. ~ _ than $35,000, by direct appoin ,.. 3 Written proposals.allaehmf. Description of SER Provide City of Ashland with construction plans and speCifications for the 2011 Street Overlay Project. Streets include the following: N Mountain Ave, Allison St, Taylor St and Wightman St Item # Quantity Unit o Per attached QUOTE Proj~ct Number 2010.10 (Copies on file) Sole Source Written Findings (Form attached) Quote or Proposal attached Special Procurement Written Findings (Form attached) Description of MATERIALS Account Number 260.08,18.00,704200 D Emeraencv D Written findings attached D Quote or Pro sal attached CooDerative Procurement D Stale of Oregon Contract # D State of Washington Contract # D Other govemment agency contract Agency . Contract # D Intergovemmental Agreement Agency Contract # Date approved by Council: Total Cost Unit Price Total Cost Account Number . . - . --- -- -- -- ------ Account Number ___' __' __' __' ______ Account Number ___' __' __' __' ______ 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach ex/ra pages if needed. By signing this requisffion form, I ceriily Ihe information provided above meets the City's public contracting requiraments, and the documentation can be provided upon request. Employee Signature: Department Head Signature: "", A 1", -elk 'V- 5/ Additional signatures (if ap Funds appropriated for current fiscal year: (fP / NO Comments: ~ ;t ~?= Finance Directo .;;0,,/;, Date G: FinanceIProcedurelAPlForms\10,10 Street Ovenay ,Initial Requisition. 05,17.11.docx 5117/2011 Updated on: