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2015-261 Contract - OBEC Consulting Engineers
Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: OBEC Consulting Engineers -AS H LAND CONTACT: Jamie Jordan, P.E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 920 Country Club Road, Suite 1008 Telephone: 541/488-6002 Eugene, OR 97401-6089 Fax: 541/488-5311 TELEPHONE: (541) 494-0595 DATE AGREEMENT PREPARED: 09/09/15 FAX: (541) 774-5591 BEGINNING DATE: 09/10/15 COMPLETION DATE: 12131116 COMPENSATION: $23,364.00 (see attached) SERVICES TO BE PROVIDED: Project engineering, drainage analysis and project management for Calle Guanajuato Flood Relief and additional storm drain analysis. see attached) ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contiact documents, the City of Ashland Contract for Personal Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of ikshland Contract. 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 banded. 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 wor< completed and accepted to date of termination. 6. Ownership of Documents: All document::; 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 $20,142.20 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 501/6 or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B X44-- 9. ominantly in areas where it will be seen by all employees. ~fcc~c _ Indemnification: Consultant agrees to defend, indemnify ands ity, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses ' gments, subrogations, or other damages resulting from injury to any person (including injury resulting in de or damage (including loss or destruction) to property, of whatsoever nature arising out of or inciden:, 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 shal not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other dama e.s, directly, solely, and proximately caused b the negligence of City. Contract for Personal Services, Revised 0610212015, Page 1 of 5 10. Termination: a. Mutual Consent. This contract maybe terminated at anytime 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 f+=_deral, 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 certi`icate required by law or regulation to be held by Consultant to provide the services required by his contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. L Either City or Consuli ant 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 t. reach 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 v,ritten 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 tirr a specified herein or in any extension thereof. iii. The rights and remed es 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 (,r 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 contr ct been completed. City shall pay Consultant for work performed prior to the termination date if such work was )erformed 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 resporsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as requirad in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject empl,:)yer 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 appro,/al by City of any assignment or subcontract shall not create any contractual relation between the assignee ;7r 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 dbligation 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 cgreement; 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 expanse provide the following insurance: a. Worker's Compensation insure ice in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation .,;overage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, 2 00(1000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omissic,n or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance witl'. a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, 2 000000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance i;/ith a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property e, Contract for Personal Services, Revised 06."0212015, f;age 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or cha,,! Le. 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/Certificate's 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 tc) 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 Insured;. 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 respons ble for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: phis 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 lo this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for thy: 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 lersonam 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 EXHI`.B1TS 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, ISHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THE~;E ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITT(N, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS r UTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. i 17. Nonappropriations Clause. Funds Availeable and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the cc)sts 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 b reference. Consultant: City of Ashland By t:$~ By Signature Department Head ~O►.~avt.sovt. , ~ ~ ~~,So~, Print Name Print Name V {ce, I Title Date i W-9 One copy of a W-9 is to be submitted 0ith the signed contract. Purchase Order No. i J Contract for Personal Services, Revised 0610212015, 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 beEm 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 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. q-1 I- I jr- Contractor (Date) Contract for Personal Ser0ces, Revised M022015, Page 4 of 5 CITY • . OREGON EXHIBIT B City of Ashland LIVING WAGE . . per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) Employees be paid a portion of business of their 401 K and IRS eligible living wage: employer, if the employer has cafeteria plans (including 'ten or more employees, and childcare) benefits to the has received financial amount of wages received by ➢ For all hours worked under a assistance for the project or the employee. business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50 or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020, working on a project or of health care, retirement, 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. CITY O F ASHLAND Contract for Personal Services, Revised 06/02/2015, Page 5 of 5 CONSULTING " ; ~ ENGINEERS EUGENE, OR September 9, 2015 Corporate Office 541.683.6090 LAKE OSWEGO, OR Scott Fleury 503.620.6103 Director of Engineering SALEM, OR 503.5894100 City of Ashland . 51 Winburn Way MEDFORD,OR Ashland, Oregon 97520 541.774.5590 VANCOUVER, WA RE: Flood Relief for Calle Guanajuato 360.314.2391 OBEC Proposal No. P649-018.00 www.obec.com Dear Scott: OBEC Consulting Engineers appreciates the opportunity to provide the City of Ashland with an evaluation of the existing storm system, and the design and preparation of Construction Contract documents for flash flood relief for the Calle Guanajuato vicinity. Project Background On Friday, July 20, 2015, OBEC met with City staff on site in order to better understand the City's concerns with chronic flooding issues in the area. OBEC understands that the City of Ashland often receives short duration high intensity storm events that the existing storm drain system cannot accept, causing localized drainage issues on the Calle between Winburn Way and E. Main Street. An analysis of the existing storm system and contributing drainage area is needed to determine mitigation measures for existing drainage issues. Possible solutions may include increasing the number of inlets, upsizing the existing system and/or providing design for an overflow system for the low point on the Calle. OBEC proposes the following scope of services for the project. Scope of Work Task I - Project Management & Coordination The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communication between OBEC and City of Ashland staff. OBEC shall keep the City's project manager informed of Project work progress and apprise him of changes that may affect the Project, the schedule, and related costs. OBEC shall prepare and provide monthly project invoices with progress reports to the City. Task 2 - Project Investigation~& Scoping The major objectives of this task are to gather information about the project area and review the existing City's GIC layout and OBEC's topo previously provided for the Calle Guanajuato Resurfacing Project. OBEC will visit the project site to observe existing Scott Fleury September 9, 20157' ` CONSULTING ENGINEERS Page 2; 1 conditions and features, taking photos and measurements as needed, and make a basic inventory of existing improvements within the project area for cost estimating purposes. Task 3 - Drainage Analysis !Memo Based upon the results of Task 2, OBEC shall analyze exiting storm systems on E. Main and Winburn Way for the 25 year (24hr) storm event (per City Standards) and if needed provide recommended alternatives. OBEC shall also provide analysis at the 25year (6hr) and l 00year :;6hr) events and provide recommended alternatives for an overflow system at the low point on the Calle. OBEC shall evaluate the extent of the improvements needed, identify associated impacts, and present recommendations for solutions in a memo format. Task 4 -Prepare Advance (90%) Plans, Specifications, & Estimate Based upon the results of Task 2 & 3 and the City's direction, OBEC shall prepare advance plans, specifications, and construction cost estimate to be incorporated into the bid package. For budgeting purposes, it is assumed that the plans will consist of: • Title Sheet - 1 sheet • Plan and Profile - 2 sheets • Storm Drain Details - 'i sheet • Storm Drain Standard Drawings - 1 sheet OBEC shall also prepare specifications and special provisions based on the 2015 Oregon Standard Specifications for Construction modified as necessary for the project. Task 5 -Prepare Final Plans, Specifications, & Estimate Based on comments received from the City, OBEC shall make revisions to the construction plans, specifications and cost estimate in preparation to produce final (100%) bid documents. OBEC shall provide sealed and stamped bid documents suitable for public bidding. Task 6 - Quality Assurance According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted. Documentation of this interncl review will be kept in OBEC's project files and will be available to City of Ashland upon request. OBEC will provide review on deliverables below: i • Preliminary Design Me,fno and attachments • Advance (90%) Plans, ,specifications, and Cost Estimate • Final (100%) Plans, Specifications, and Cost Estimate Task 7 - Topographic Survey and Mapping Using the original control from the Calle Resurfacing project, OBEC will survey manhole/inlet rim and invert elevations, profile grades of the top of curb up E. Main and Windburn way, and also the top of wall elevations at the low point of the Calle. OBEC will also gather information regarding the existing pipe type and size, dimensions for structures and any other appurtenances within the structures. Survey data collected Scott Fleury September 9, 2015 f I !4 CONSULTING ENGINEERS Page 3 will be utilized in preparing` an AutoCAD format drawing containing the curb, wall and storm drainage information collected in the field. Task 8 CONTINGENCY - Additional Storm Drain Analysis OBEC shall gather additional existing information needed to analyze storm drain systems as requested by the City. Fee OBEC proposes to complete tl'e project for a not-to-exceed amount of $19,250, and a contingency task if released by the City in the amount of $4,1 14. Project billings will be prepared on a monthly basis. We appreciate the opportunity to present this proposal to you. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Jai Jordan, PE Sr. Project Engineer/Medford Office Manager JLJ:blh i N X N R a 7 m u1 O W Y O O O N N O p ._T) 0 0 N F r m V tm0 O O p l 47 a (H CV T atl H j N» cc9 w W U a Y F 0 1 E Q O qOa U- E z CL U W m 10 p_ : O Y ° rn m v m H n co v_ m v_ o m N co W m K vJ v~ N~ ifl is> 'p» 0 ° 3 0 a l l i I I Y ~ i O W O N n n N N N N r n 0 O i ~j p y m 00 m H ~iejl 4OBj8 .i10 4oue~ m N J N o~ » I I^ I I m o° m Z 4081 T Ae/Uns N N O N 6 - 0 0 joAa/jn m loafold C w ioleuipio00 I oi v 14 N N V O N 3 O M U Z 4081 oaVO N N v v ( I o M r- N p U I - - ' m m ~6u3 0 o rn co w m In C7 O O 'a m m N N m M O N cl~ CL O loafoJd 3 N~ N I O l0afad *JS r l m N I N 1 N r n a ia6eueW ° N TloafoJd vg I ( o v co_ ~ I` NI N co W LU 0 0 ~ O W Cl) `Cl) d I~ ! ~ J J W ca w c ~ Q ~ m 14 c: W `m E 9 o a a y (n o ~ t < CL O m m c m N m a w a a I a 3 U) fn i 0 0 i = U (n o o_ m v f _ Q f d m a c U) m Y N ~ C CI p y O o o o o ° E o m o h o d m Z ~ O of T U a m m y d m d m d y m U) dE U p L c i° a~ i~ a~i h v t w E W O g o c o yI o ¢ o u_ o a o a o O `O -a C-8 °e as 3 ,y ItZ o ~,xl! c°i y U y d U y C U y t0 U y A U y U y p U y! IZ t o a i~ 'p a v'~ a v~ y a d a o a m 0 a v'~ p 'c a .LD mQ 8`880 n acaEL aaaaaCL uCL aF anI anal,_~ a .0 0 W Y ~ N t7I a O O 1~ ` Y W I QJI v F I I ! I~ U a` m J Client#: 331197 OBECCONE ACORDTM CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 8/06/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble 8r Prentice, a USI Co PR (AJC" No Ext: 206 441-6300 AX 610-362-8528 601 Union Street, Suite 1000 E-MAIL ADDRESS: pl.certrequest@kpcom.com Seattle, WA 98101 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Hudson Insurance Company 25054 INSURED OBEC Consulting Engineers, Inc. INSURER B : 920 Country Club Rd, #10013 INSURER C: INSURER Eugene, OR 97401 D: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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 jOR 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 AD-DLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) MM/DD/YYYY LIMITS GENERAL LIABILITY DDEACH~~OEECTCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISESO RENTED nte $ CLAIMS-MADE F~ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED PROPERTYDAMAGE AUTOS $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ -Hi WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY LIMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional AEE7254304 9/2512014 09/25/201 $5,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Name: Calle Guanajuato Waterline Design CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Karl Johnson, E.I.T. ACCORDANCE WITH THE POLICY PROVISIONS. Associate Engineer 20 East Main Street AUTHORIZED REPRESENTATIVE Ashland, OR 97520 C ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S15957953/M13377016 PYDJU (2015 (YY) Ac " CERTIFICATE; OF LIABILITY INSURANCE 07DATE/ 2015 Fo THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGA"IVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored Programs PHONE 800-338-1391 A//c, No:888-621-3173 Ext: a division of Marsh USA Inc. A/C E-MAIL ADDRESS:acecclientrequest@marsh.com 701 Market Street, Ste. 1100 St. Louis MO 63101 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:Sentinel Insurance Company Ltd 11000 INSURED I INSURER B: Hartford Casualty Insurance Company 29424 OBEC Consulting Engineers Devon Pereira INSURER C: 920 Country Club Road INSURER D: Eugene OR 97401-2231 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD !POLICY NUMBER MM1DD/YYY MM/DD/YYY LIMITS A GENERAL LIABILITY y 84SBWP.A4035 03/20/2015 03/20/2016 EACHOCCURRENCE 52,000,000 X COMMERCIAL GENERAL LIABILITY Prof. 1,iab. Excl. PREMISESEaoccurrence s2,000,000 CLAIMS-MADE Y OCCUR MED EXP (Any one person) s 10 , 000 PERSONAL & ADV INJURY 62,000,000 GENERAL AGGREGATE 54,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG 54,000,000 POLICY Y. J PRO- ECT LOC S A AUTOMOBILE LIABILITY y 84UEGPF0127 03/20/2015 03/20/2016 COMBINED SINGLE LIMIT Ea accident s2,000,000 Y, ANY AUTO BODILY INJURY (Per person) S ALLOWNED P SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) S NON-OWNED PROPERTY DAMAGE S HIRED AUTOS AUTOS Per accident S B X UMBRELLA LIAB X OCCUR 84XHGYP1723 03/20/2015 03/20/2016 EACH OCCURRENCE S5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTIONS 10, 000 S A WORKERS COMPENSATION 84WBGBJ0746 03/20/2015 03/20/2016 X CSLM~S OT AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.LEACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE 51,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Contract for Personal Services, Calle Guanajuato Flood Relief; Project Engineering, drainage analysis and project MGMT and Additional storm drain analysis. The City of Ashland, 0-egon, and its elected officials and employees are included as additional insured when required by written contract. Primary/Non Contributory applies to GL and Auto when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland Attn: Scott Fleury, Director of Engineering AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland, OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD naane and logo are registered marks of ACORD POLICY NUMBER: 84SBWPA403 a BUSINESS LIABILITY COVERAGE INSURED:OBEC Consulting Engineers SS 00 08 04 OS ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your wo:,.-k" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or fai4ure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, archite&ural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured w,th respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance: is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By, Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a) and (b) do not apply to ether insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts, until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not ipermit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 POLICY NUMBER: 84UEGPF0127 COMMERCIAL AUTOMOBILE INSURED: OBEC Consulting Engineers HA 99 16 09 10 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 09 10 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury"or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory: Only with respect to insurance provided to an additional insured in 1.D. Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or writt~n agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will hpve no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. i Rev 5.14 Page 1 of 1 Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 9/16/2015 00495 (541) 488-5300 VENDOR: 000591 SHIP TO: OBEC CONSULTING ENGINEERS 920 COUNTRY CLUB ROAD SUITE 100B EUGENE, OR 97401-2208 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: I Req. Del. Date: Contact: Karl Johnson Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Project enqineerinq, drainaqe analysis 9,081.00 and project manaqement for Cplle Guanajuato Flood Relief with additional miscellaneous storm drain analysis (Parks portion of contract) Note: Project split between Street $14,283.00 and Parks $9,081.00. Separate PO issued for Street portion. Contract for Personal Services Beginninq date: 09/10/2015 Completion date: 12/31/2016 SUBTOTAL 9,081.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 9,081.00 Account Number Project Number Amount Account Number Project Number Amount E 411.12.00.00.60410 9,081.00 Auth zed Signature VENDOR COPY FORM#3 CITY OF ASHLAND REQUISITION Date of request: 09/14/2015 Required date for delivery: ASAP Vendor Name OBEC Consulting Engineers Address, City, State, Zip 920 Country Club Road, Suite 1008, Eugene OR 97401 Contact Name & Telephone Number Jamie Jordan, P.E., (541) 494-0595 Fax Number 541 77 -5591 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitatiam 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 Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approve d by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # 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 and solicitation attached ❑ Form Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 ❑ Form Request for Approval ❑ Agency ® Less than $35,000, by direct appointment ❑ Written ~;uote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ® Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Project engineering, drainage analysis and project management for Calle Guanajuato Flood $9,081.00 Relief with additional miscellaneous storm drain analysis (Parks Department Portion) Item # Quantity Unit Description of MATERIALS Unit Price Total Cost F-1 Per attached quote/proposal TOTAL cosT Project Number _ _ _ _ _ _ - _ _ _ Account Number 411.12.00.604100 Account Number Account Number "Expenditure must be charged to the appropriate account number.: for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: '~2 IT t ector Dated Support -Yes /No By signing this requtio>n ~M' / CBrf t be-CN y s blic contr acting requirements have been satisfied. Employee: Department Head: /(Equal to or greater than $5,000) Department Manager/Supervis City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal ye / NO QO~G Finance Director- (Equal to orgreate an $5,000) Date Comments. Form #3 - Requisition CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Michael R. Faught-Director of Public Works Date: 09-14-2015 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Department of Public Works, intent is to contract with a private consultant the appropriate scope of services developed for project number 2015-26 The scope of work for this project includes project engineering. drainage analysis and project management for Calle Guanajuato Flood Relief with additional miscellaneous storm drain analysis including but not limited to the Plaza area and Winburn Way. The work is expected to take place in fiscal year 2016 with a not to exceed budget amount of S23,364. 00. The amount appropriated in the current Council approved budget to perform this work is S60, 000 in Street Department Professional Services for unanticipated street and storm water matters. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City ofAshland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated under this contract. In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 9/14/2015