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HomeMy WebLinkAbout2012-141 Contract - Mason Bruce & Girard Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Mason, Bruce and Girard, Inc ASHLAND CONTACT: Steve Ziegler 20 East Main Street Ashland, Oregon 97520 ADDRESS: 33 N. Central Ave. Suite 418 Telephone: 541/488-6002 Medford, Oregon 97501 Fax: 541/488-5311 TELEPHONE: 541-973-1951 DATE AGREEMENT PREPARED: June 11, 2012 FAX: BEGINNING DATE: June 12, 2012 COMPLETION DATE: June 30, 2012 COMPENSATION: $7040.00 SERVICES TO BE PROVIDED: Forest inventory (cruise) and logging feasibility assessment for the City's Winburn Parcel. ADDITIONAL TERMS: See attached proposal FINDINGS: Pursuant to AMC 2.50.120, 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. 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 $18,890 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 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,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: Contract for Personal Services, Revised 06/30/2011, Page 1 of 5 .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; 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. 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 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 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 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: $1,000,000 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 Contract for Personal Services, Revised 06/30/2011, Page 2 of 5 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 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. onsultan : City of Ashl d By By Cvt/" Signature Departrnent Head Print Name Print Name cvY�P Secy 6- fq- f z Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. c� e,�,a /a, Contract for Personal Services, Revised 06/30/2011, 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 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) 1 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 x year. (6) 1 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. /1a/ OLI Contractor (Date) Contract for Personal Services, Revised 06/30/2011, Page 4 of 5 Mason, Bruce & Girard, Inc. Natural Resource Consultants www.masonbruce.com June 1, 2012 To: City of Ashland, Oregon C/O: Marty Main PROJECT PROPOSAL WINBURN PARCEL INVENTORY AND LOGGING FEASIBILITY REPORT Dear Marty; Thank you for providing this Request for Proposal to Mason, Bruce & Girard, Inc. (MB&G). MB&G is pleased to offer the following proposal for a cruise, harvest volume summary estimate and logging feasibility report for the fuels reduction treatment on the Winburn Parcel in the Ashland Watershed. SCOPE OF WORK: It is our understanding that the Scope of Work includes the following: The Winburn Parcel consists of 160 acres in the Ashland Creek watershed in section 32;Township 39 South; Range 1 East. The fuels treatment project will cover selected unit areas within this for a total of approximately 92 acres. Professional services are required to inventory and prepare a volume summary report for all trees marked for removal on those treated acres. The volume summary will provide Scribner board foot volume, grade and defect for the trees that are to be removed and marketed. A logging feasibility report for helicopter yarding to an existing landing, loading on trucks for transport to a White City, Oregon wood products processing facility. The logging feasibility report will examine the yarding process, and provide an estimated stump to truck cost for cutting and yarding the designated trees to the landing, processing logs and loading on trucks and an estimated haul cost for logs to the White City, Oregon area. The work must be completed,the final reports prepared and submitted, and an invoice for the work performed by June 30, 2011. The project agreement will be accomplished by a personal services contract between the contractor and the City of Ashland. That contract must be executed prior to the start of any work associated with the project, and will clearly delineate services to be provided and any specific terms of the agreement. DELIVERABLES: MB&G proposes to accomplish the project to fully complete the project specifications, and will complete the tasks and provide the following deliverables: Cruise the proposed treatment stands (Stand types 1, 4 and 5) as designated on project maps provided with the Request for Proposal. The cruise will utilize the variable plot cruise method to measure a statistically sound sample of the trees marked for harvest in the specified units. Medford Office; 33 North Central Avenue, Suite 418 • Medford, Oregon 97501 • Phone 541-973-1951 Other Locations: MAIN OFFICE;707 SW Washington St.,Suite 1300•Portland,Oregon 97205-3530•Phone 503-224-3445 Auburn Office; 1230 High Street,Suite 225•Auburn,CA 95603•Phone 530-745-9996 Provide a cruise summary report that will detail: Total estimated volume in board feet Scribner scale of the designated harvest trees; a stand table that will display total volume by species, tree diameter distribution (Y' diameter classes), estimated defect, estimated grade, and a log stock table that will display estimated log diameter classes and volumes by log diameter classes. The cruise design and results will be reviewed by a Professional Forest Biometrician (Dr. Stephen Fairweather, a Principal in MB&G)for completeness and accuracy prior to delivery to the client. Prepare a logging feasibility report for helicopter yarding. Estimated costs for harvest activities will be developed by obtaining helicopter operational costs, estimated production rates and additional and overhead costs for felling, yarding, processing and loading logs, log haul to the White City, Oregon area and treatment of by-products (limbs,tops, slash and bark) produced incidentally to the felling,yarding, processing and loading processes. All work detailed in the Scope of Work and Deliverables above will be performed by Professional Foresters employed by MB&G. Work would commence upon execution of the personal services contract. Work could begin approximately June 11, 2012 and all project work will be fully completed and delivered along with an invoice prior to June 30, 2012. The cruise and volume summary will be conducted according to professional and industry standards, but it is understood that this is a statistical sample and volume estimate only, and no guarantee of total volume is made by MB&G. The Logging Feasibility report will provide the best available information to be obtained from qualified helicopter logging operators, but will be a best estimate only, and will not be construed as a bid or final price by any operator. Any final contract agreements including actual costs will need to be arranged and contracted between the City of Ashland and their selected contractor. For this project,the proposed price to complete all work is: Cruise: $ 4,955.00 (field work, preparation of all cruise summary tables and report, including review by Forest Biometrician) Logging Feasibility Report and Cost Estimate: $ 2,085.00 Total project cost: $ 7,040.00 MB&G will be happy to conduct additional work of a similar nature on this or any other related projects at costs to be determined at the time of request of any additional project work. MB&G maintains a full staff of Professional Foresters, Forest Biometricians, Forest Planners, Biologists and other Resource Professionals to provide full- service natural resource consulting services across the US. Thank you for the opportunity to provide this proposal. We trust you will find the terms and conditions acceptable and look forward to working with you and the City on this project. Best Regards Steven Ziegler. Professional Forester California Registered Professional Forester#2450, CPESC, Certified Tree Farm Inspector Mason, Bruce &Girard, Inc. 2 A CERTIFICATE OF LIABILITY INSURANCE DATE(MMODY Y) 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 endorsements . PRODUCER Beecher Carlson Insurance Agency, LLC CONTACT NAME: 220 NW 2nd Avenue, Suite 800 Portland, OR 97209 PHONE o — A/C NO) E-MAIL ADDRESS: INSURERfSf AFFORDING COVERAGE NAIL It www.beechercadson.com INSURERA: Amer Can Economy Insurance Co INSURED INSURER B: Hartford Fire Insurance CoMDanV Mason Bruce & Girard Inc 707 SW Washington St#1300 INSURERC: SAIF Portland OR 97205 INSURER D: Executive Risk Indemnity Inc ' INSURER E NSURER F COVERAGES CERTIFICATE NUMBER: 13317865 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DDL BR POLICY NUMBER MMIDDY TR IYYYY MMIDD0YYYY LIMITS A GENERAL LIABILITY 010316712 111/2012 1/1/2013 PEACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMI ES Ea oNaaEi ence $ 1,000,000 CLAIMS-MADE OCCUR MED EXP(My we Person) $ 10.000 Loggers Broad Form PD PERSONAL B ADV INJURY $ 1,000,000 J WA Employers Liability GENERALAGGREGATE $ 2.000.000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000.000 POLICY PRO- LOC WA Employers Liability $ 1,000,000 A AUTOMOBILE LIABILITY 0101316712 1/1/2012 1/1/2013 Ea COMBINED LIMIT E 1000000 ANY AUTO BODILY INJURY(Per person) $ ALL OPMED SCHEDULED BODILY INJURY(Per aamdenp $ AUTOS NOWOMED P OPERTY AMAGE HIREDAUTOS AUTOS Per actitlent $ S A UMBREA LIAB occuR 01SU417226 LL v 1/112012 1/112013 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CIAIMS-MADE AGGREGATE $ 5,000,000 OED Lld RETENTION$10,000 $ E 8 G WORKERS COMPENSATION 487388(Oregon onl y) 111/2012 1/1/2013 T e RY AM UT- T�I- B ANDEMPLOYRS LIABILITY 12 ANY PROPRIEORIPARTNEREECUTIVE 52WECLT1459 12201 E.L.EACH ACCIDENT $ 500.000 OFFIOERRAEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 It yes,Oescrlw O Or DESCRIPTION OF OPERATIONS W. I I I E.L.DISEASE-PO-ICY LIMIT $ 500,000 D Professional Liability 82212583 11/1/2011 11/112012 $2,000,000 Each Claim&Aggregate DESCR IPnONOFOPERATIONSILOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schetlule,if more space is required) Operations of Named Insured General Liability Policy includes Additional Insured,Primary&Non-Contributory,and Waiver of Subrogation Coverages per attached Endorsements. Umbrella is excess of GL,Auto&Employer Liability. CERTIFICATE HOLDER CANCELLATION PSC-Wlbum Parcel Inventory&Logging Feasibility Assessment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland Fire& Rescue ACCORDANCE WITH THE POLICY PROVISIONS. 455 Siskiyou Boulevard Ashland OR 97520 AUTHORIZED REPRESENTATIVE PORT Craig Payne ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD CERT NO.: 13317865 (PORT) Leigh Penlsy 6/13/2012 10:15:44 AM Page 1 of 6 CG 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the ples of comparative fault. following provisions: 1. The additional insured is an insured but only for The insurance provided will not exceed the lesser of: liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". erations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. GG 76 80 10 02 EP CENT NO.: 13319865 (FORT) Le lgh Penley 6/13/2012 10:15:44 AN Page 2 of 6 REPRINTED FROM THE FORMS LIBRARY"" a ' • I'C3SUCa11C .; COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: PER ATTACHED CERTIFICATE OF INSURANCE ADDITIONAL INSURED — BY WRITTEN lease or occupy, subject to the following CONTRACT, AGREEMENT OR PERMIT, OR additional provisions: SCHEDULE (a) This insurance does not apply to The following paragraph is added to WHO IS AN any "occurrence"which takes place INSURED (Section II): after you cease to be a tenant in any premises leased to or rented to 4. Any person or organization shown in the Sched- you; ule or for whom you are required by written con- (b) This insurance does not apply to tract, agreement or permit to provide insurance any structural alterations, new con- is an insured, subject to the following additional struction or demolition operations provisions: performed by or on behalf of the a. The contract, agreement or permit must be person or organization added as an in effect during the policy period shown in insured; the Declarations, and must have been exe- (2) Your ongoing operations for that in- cuted prior to the 'bodily injury", "property sured, whether the work is performed damage", or "personal and advertising by you or for you; injury". (3) The maintenance, operation or use by b. The person or organization added as an in- you of equipment leased to you by such sured by this endorsement is an insured only person or organization, subject to the to the extent you are held liable due to: following additional provisions: (1) The ownership, maintenance or use of (a) This insurance does not apply to that part of premises you own, rent, any "occurrence"which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 Samco and the Safeco logo are regraered Vademarks of Safeco Comom on CO 76 35 02 07 Page 1 of 4 EP OE T NO.: 13317965 (PORT) Leigh Penley 6/13/2012 10:25:99 AM Page 3 of 6 •^•REPRINTED FROM THE FORMS LIBRARY'°' (b) This insurance does not apply to This exclusion applies even if the claims "bodily injury" or "property dam- against any insured allege negligence or age" arising out of the sole negli- other wrongdoing in the supervision, hiring, gence of such person or employment, training or monitoring of others organization; by that insured, if the "occurrence" which caused the 'bodily injury" or "property (4) Permits issued by any state or political damage" involved the ownership, mainte- subdivision with respect to operations nance, use or entrustment to others of any performed by you or on your behalf, aircraft, "auto" or watercraft that is owned subject to the following additional pro- or operated by or rented or loaned to any in- vision: sured. This insurance does not apply to `bodily This exclusion does not apply to: injury", 'property damage", or (1) A watercraft while ashore on premises "personal and advertising injury" arising you own or rent; out of operations performed for the state or municipality. (2) A watercraft you do not own that is: c. The insurance with respect to any architect, (a) Less than 52 feet long; and engineer, or surveyor added as an insured (b) Not being used to carry persons or by this endorsement does not apply to property for a charge; "bodily injury", "property damage", or 'per- sonal and advertising injury" arising out of (3) Parking an "auto' on, or on the ways the rendering of or the failure to render any next to, premises you own or rent, pro- professional services by or for you, includ- vided the "auto" is not owned by or ing: rented or loaned to you or the insured; (1) The preparing, approving, or failing to (4) Liability assumed under any "insured prepare or approve maps, drawings, contract" for the ownership, mainte- opinions, reports, surveys, change or- nance or use of aircraft or watercraft; or ders, designs or specifications; and (5) "Bodily injury" or 'property damage" (2) Supervisory, inspection or engineering arising out of: services. (a) the operation of machinery or I to "bodily equipment that is attached to, or d. This insurance does not apply Y y part of, a land vehicle that would injury" or 'property damage" included within qualify under the definition of the 'products-completed operations haz- "mobile equipment" if it were not and". subject to a compulsory or financial responsibility law or other motor ve- A person's or organization's status as an insured un- hicle insurance law in the state der this endorsement ends when your operations for where it is licensed or principally that insured are completed. garaged; or No coverage will be provided if, in the absence of this (b) the operation of any of the machin- endorsement, no liability uld be imposed b law on ery or equipment listed in Paragraph n' P Y f.(2) or f.(3) of the definition of you. Coverage shall be limited to the extent of your 4mobile equipment". negligence or fault according to the applicable princi- ples of comparative fault. (6) An aircraft you do not own provided it is not operated by any insured. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY TENANTS'PROPERTY DAMAGE LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced When a Damage To Premises Rented To You Limit is by the following: shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or 1• Damage To Property entrustment to others of any aircraft, "auto" "Property damage" to: or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- (1) Property you own, rent, or occupy, including ation and "loading or unloading". any costs or expenses incurred by you, or Page 2 of 4 CERT NO.: 13317965 1 NRT) Leigh Pevley 6/13/2012 10:15:44 AM Page 4 of 6 •^•REPRINTED FROM THE FORMS LIBRARY•^• any other person, organization or entity, for WHO IS AN INSURED — MANAGERS repair, replacement, enhancement, restora- tion or maintenance of such property for any The following is added to Paragraph 2.a. of WHO IS reason, including prevention of injury to a AN INSURED (Section II): person or damage to another's property; (2) Premises you sell, give away or abandon, if Paragraph (1) does not apply to executive officers, or the "property damage" arises out of any part to managers at the supervisory level or above. of those premises; SUPPLEMENTARY PAYMENTS — COVERAGES A (3) Property loaned to you; AND B — BAIL BONDS — TIME OFF FROM (4) Personal property in the care, custody or WORK control of the insured; Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — (5) That particular part of real property on which COVERAGES A AND B is replaced by the following: you or any contractors or subcontractors working directly or indirectly on your behalf b. Up to S3,000 for cost of bail bonds required are performing operations, if the 'property because of accidents or traffic law violations damage" arises out of those operations, or arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. (6) That particular part of any property that must We do not have to furnish these bonds. be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS Paragraphs (1), (3) and (4) of this exclusion do COVERAGES A AND B is replaced by the following: not apply to `property damage" (other than d. All reasonable expenses incurred by the in- damage by fire) to premises, including the con- sured at our request to assist us in the in- tents of such premises, rented to you.A separate vestigation or defense of the claim or `Suit", limit of insurance applies to Damage To Prem- including actual loss of earnings up to $500 ises Rented To You as described in Section III a day because of time off from work. — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if EMPLOYEES AS INSUREDS — HEALTH CARE the premises are `your work" and were never SERVICES occupied, rented or held for rental by you. Provision 2.a.(1)(d) of WHO IS AN INSURED (Section Paragraphs (3), (4), (5) and (6) of this exclusion II) is deleted, unless excluded by separate endorse- do not apply to liability assumed under a side- ment. track agreement. Paragraph(6) of this exclusion does not apply to EXTENDED COVERAGE FOR NEWLY ACQUIRED "property damage" included in the "products- ORGANIZATIONS completed operations hazard". Provision 3.a. of WHO IS AN INSURED (Section II) is Paragraph 6. of LIMITS OF INSURANCE (Section III) replaced by the following: is replaced by the following: a. Coverage under this provision is afforded 6. Subject to 5. above, the Damage To Premises only until the end of the policy period. Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, Exclusion a. of COVERAGE A (Section I) is replaced while rented to you or temporarily occupied by by the following: you with permission of the owner. a. `Bodily injury" or "property damage" expected or intended from the standpoint of the insured. The Damage To Premises Rented To You limit is the This exclusion does not apply to "bodily injury" higher of the Each Occurrence Limit shown in the or `property damage" resulting from the use of Declarations or the amount shown in the Declarations reasonable force to protect persons or property. as Damage To Premises Rented To You Limit. CG 76 35 02 07 Page 3 of 4 EP CMT NO.: 13317865 (PORT) Leigh Penley 6/13/2012 10:15:44 AN Page 5 of 6 .^'REPRINTED FROM THE FORMS LIBRARY'^' ' EXTENDED DEFINITION OF BODILY INJURY interrupted only by a street, roadway, waterway, or right-of-way of a railroad. Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT 3. "Bodily injury" means bodily injury, sickness or The Medical Expense Limit is amended to $10,000. disease sustained by a person, including mental anguish or death resulting from any of these at KNOWLEDGE OF OCCURRENCE any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to Paragraph 8. Transfer Of (Section IV): Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- Knowledge of an "occurrence", claim or "suit" by tion IV): your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an We waive any rights of recovery we may have against officer of the named insured has received such notice any person or organization because of payments we from the agent, servant or employee. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with UNINTENTIONAL FAILURE TO DISCLOSE ALL that person or organization and included in the HAZARDS "products-completed operations hazard". This waiver applies only to a person or organization for whom you The following is added to Paragraph 6. Representa- are required by written contract, agreement or permit tions of COMMERCIAL GENERAL LIABILITY CONDI- to waive these rights of recovery. TIONS (Section IV): AGGREGATE LIMITS OF INSURANCE — PER If you unintentionally fail to disclose any hazards ex- LOCATION isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of For all sums which the insured becomes legally obli- such failure. However, this provision does not affect gated to pay as damages caused by "Occurrences" our right to collect additional premium or exercise our under COVERAGE A (Section 1), and for all medical right of cancellation or non-renewal. expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations LIBERALIZATION CLAUSE at a single 'location": The following paragraph is added to COMMERCIAL Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- GENERAL LIABILITY CONDITIONS (Section IV): tion III) apply separately to each of your "locations" owned by or rented to you. 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- "Location" means premises involving the same or mium, becomes effective during the policy period connecting lots, or premises whose connection is in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. J Page 4 of 4 CERT NO.: 13317065 (PORT) Leigh Penley 6/13/2012 10:15:44 AM Page 6 of 6 Page 1 / 1 �. CI T Y o�-iTY RECORDER ASHLAND DATE ' PO NUMBER ' 20 E MAIN ST. 6/19/2012 10918 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016986 SHIP To: Ashland Fire Department MASON BRUCE&GIRARD INC (541)482-2770 707 SW WASHINGTON SUITE 1300 455 SISKIYOU BLVD PORTLAND, OR 97205 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Chris Chambers Special Inst: Confirming? No Unit `.bescFi lion '' ' ., Unit Price . -. Eiit.Price Forest Inventory(Cruise) and Logging 7,040.00 Feasibility Assessment for City's Winburn Parcel Contract for Personal Services Beginning date: June 12, 2012 Completion date: June 30, 2012 Insurance required/On file SUBTOTAL. 7,040.00 BILL To:Account Payable - TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 7,040.00. ASHLAND, OR 97520 :'Account Number.+ `._�ProjectNumtier , "Amount AccountNumberProJectNumber'. Amount E 670.08.29.00.604160 E 000285.400 7,040.00 Authorized Signafure VENDOR COPY FORM0 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: (n c / Required date for delivery: (P /Z Vendor Name lr- Address,City,State,Zip SGJ e aS/v Contact Name&Telephone Number Fax Number '�-S�o��still So>~`iru :P G`ovc�� SOURCING METHOD ❑ Exempt from Competitive Bidding - ❑ Emeroencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract It GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5.000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract# PERSONAL SERVICES ❑ Form#9,Request for Approval Intergovernmental Agreement $5,000 to$75.000 ❑ Written quote or proposal attached ❑ Agency Less than$35,000,by direct appointment Dale approved by Council: Date original contract approved by Council: 3 Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost �i/'C5� �v7ir/Git %�-j CG{^Cl,ISG>G-�-�C �o ice �S;d, /fy Ss mss,= f f l�J ��I. $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number QQQZBpO Account Number6l�� ��-Q(�-�()�11p� �v /D Account Number___-__-__- -______ Account Number -__-_ 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By igning this requi 'tion form,I certify that the City's public contracting requirements have been�atisfied. Employee Signature:/!�. Department Head Signature: (G'-�1 (Equal to or greater than$5,000) Additional signatures(if applicable): Funds appropriated for current fiscal year: 60-0 / NO Io Finance Director-(Equal to or ater than$5,000) Date Comments: Form#3-Requisition