Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2015-291 Contract - Marquess & Associates
Contract for PERSONAL SERVICES less than $35,000 AgHt CONSULTANT: Marquess & Associates, Inc. CONTACT: Rick Swanson 340 S. Pioneer Street ADDRESS: 1120 E. Jackson Street, Medford, OR 97501 Ashland, Oregon 97520 TELEPHONE: 541-772-7115 FAX: 541-779-4079 Telephone: 541/488-5340 Fax: 541/488-5314 Email: info _marguess.com DATE AGREEMENT PREPARED: Sept 29, 2015 BEGINNING DATE: Oct 9, 2015 COMPLETION DATE: November 30, 2015 COMPENSATION: $2,000 SERVICES TO BE PROVIDED: Geotechnical Investigation prior to installation of Garfield Park splashpad ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract 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 Ashland 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 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 $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 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 b the negligence of City. Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions.- i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; 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, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on 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 b reference. Consultant: City of Ashland By By t_, Signature ttDepartment Head /bb 2lck ~wanraY. &1 f Lt;tr-CJ P, ~~QL Print Name Print Name ) eCr{ r~ ~ I j~5 M Title bate W-9 One copy of a W-9 is to be submitted with 1 C1 G~ G the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/08/2014, 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) 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. S- 10 -7-r Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the Consumer Price Index) • . portion of business of their 401 K and IRS eligible _ 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 assistance for the project or the employee. ➢ For all hours worked under a 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 employee's 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 OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 ASk't REQUEST FOR PROPOSAL - PERSONAL SERVICES INTERMEDIATE PROCUREMENT Release date: September 10, 2015 Requested by: Bruce Dickens, Parks Superintendent Ashland Parks and Recreation 340 S. Pioneer Street (upper Lithia Park) Ashland. OR 97520 Tel: 541-552-2252 Fax: 541-488-5314 Email: bruce.dickensi;ashland.or.us Proposals due by: 3:00 p.m. on'I'uesday, September 29, 2015 Project Name: Geotechnical Investigation for Garfield Park Splashpad. Required completion date: October 28, 2015 Proposals may be mailed, faxed, emailed or hand delivered. Proposers shall submit their proposal on their company letterhead. Informal email proposals and/or late proposals will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of proposals. The successful proposer will be required to enter into a contract with the City for the services and provide insurance certificates, in their own name, for General Liability, Professional Liability, Automobile, and Workers' Compensation. Subcontracting will not be permitted. SCOPE OF SERVICES Geotechnical investigation report for Garfield Park Splashpad. Garfield Park is located at 40 Garfield Street in Ashland, OR. See attached site plan drawing for Garfield Park. 1. Test Pit Logs - Subsurface conditions including groundwater and soils 2. Potential effects of wet winter weather on site drainage 3. Surface conditions 4. Evaluation repo rt/recommcndations/limitations for construction Plcase note: Proposals are required to include relevant information that will appropriately satisfy the scope of services and adequately satisfy the selection criteria, that is a licablc for the scope of services, listed below under Method of Award. Method ofAward: In accordance with AMC 2.50.120(C), personal services selection criteria shall include: 1. Specialized experience in the tvpe of work to be performed; 2. Capacity and capability to perform the work, including arzv specialized services within the time limitations for the work; 3. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration where applicable; 4. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable; 5. Cost of the services; and 6. Any other factors relevant to the particular contract. In accordance with ORS 279B.070 and AMC Section 2.50.120(A), Intermediate Procurement (4) I fa contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product fimctionality, suitability for a particular purpose and contractor responsibility under ORS 279B. I 10. Form #2 -Intermediate Procurement, Request for Proposal, Personal Services, Page 1 of I, 9/16/2015 OaSL6 NOO@So '4NVIHSt1 LOZ allnS'avoN 301311S1W OOL a m _ Noo3ao aNnwsy m Q yM-d Aard a3iYM aiaieavID j c ONE S10911HDHV 3dVJSdNVJ S31VI70SSV dNV 1N3W18Vd3Q 51NVd 4NVINSV 30 All' ~ . 2130VS 31MnV"~ J,c .i = V V Z O I to - 3 II I l - I I n 1 ~3 I I ~ N N I~ t h ,3 7 uq w 1 ~ uJ yGy C v~ O 1 > L ~a I h c YOUR PROFESSIONAL S S P 541-772-7115 F 541-779-4079 1120 EAST JACKSON PO BOX 490 MEDFORD, OR 97507 MA 1A] ES INC EMAIL: infoCmarquess.com WEB: www.marquess.com September 17, 2015 Bruce Dickens, Parks Superintendent Ashland Parks and Recreation 340 S. Pioneer Street Ashland, Oregon 97520 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION REPORT GARFIELD PARK SPLASHPAD ASHLAND, OREGON MAI PROPOSAL NO. P15-9155 Dear Mr. Dickens: In response to your RFP, we have prepared this proposal to perform a geotechnical investigation report for the Garfield Park Splashpad at Garfield Park in Ashland, Oregon. The purpose of the investigation would be to evaluate the subsurface soil conditions and develop soil engineering recommendations for the design and construction of the new water feature and associated site improvements that are shown on Laurie Sager's December 14, 2014, concept plan C3.0. The plan shows the installation of new concrete slabs, new seating, and new umbrella structures. The required completion date of the work is October 28, 2015. Qualifying Experience Rick Swanson would be responsible for performing the fieldwork, performing the analyses, and preparing the geotechnical investigation report. A vitae sheet and list of relevant geotechnical engineering experience for Rick Swanson are enclosed for your evaluation. We have performed similar geotechnical engineering services on many projects in Ashland including several within the last two years: • SOU Field and Track Improvements, 2013-2014 • Ashland Ice Rink Cover, 2013 • Ashland High School Field Improvements, 2013 • Lithia Park Restroom, 2013 • Enders Memorial Shelter, 2013 • Ashland Creek Park, 2014 • Ashland Woodland Trails. 2014 Bruce Dickens September 17, 2015 Page 2 of 3 Scone of Work Based on the above, we propose that our services for this study consist of the following: 1. Subsurface investigation under the guidance of our Principal Geotechnical Engineer who would log and sample one exploratory test boring at the site. The boring would be located approximately in the area of the three umbrellas. The boring would be advanced by hand with digging tools to a depth of 3' or to refusal, whichever comes first. We will mark the site and call in a utility locate request prior to digging. We will backfill the boring upon completion of digging and restore the site to the City's satisfaction. 2. Simplified laboratory classification testing, such as fines content, moisture content, and plasticity and free swell testing, as appropriate. 3. Preparation of a geotechnical investigation report that would present all findings and recommendations for slab support, low retaining wall support, subdrainage, and surface drainage, as appropriate. We would also present recommendations as appropriate for any unusual design or construction condition encountered in the investigation. Arrangements We propose to perform the work described in this proposal on a Time and Materials Basis with a Probable Fee of Two Thousand Dollars ($2,000.00). This work shall be paid for at the hourly rate schedule shown on the attached Schedule of Fees and Conditions. The above fee includes reimbursable expenses for printing, permits and fees, mileage, telephone calls, fax, photographs, etc. All additional work, which is outside the scope of services as described, shall be paid for at the hourly rate schedule. In the event work is stopped on this project, the hourly rate and the hours billed to the project shall determine the engineering fee. Payment of the billings must be made by the 20th of each month. Late payments will be subject to a service charge of 1.5% per month on the unpaid balance. Completion. It appears that time is of the essence. We will be able to complete our work by the designated date of October 28, 2015, provided that we have three weeks of time after authorization. Bruce Dickens September 17, 2015 Page 3 of 3 We look forward to providing service to you. Please review the attached Schedule of Fees and Conditions and send us your contract for signature when you are ready to authorize the work. If you have any questions, please call. Very truly yours, MARQUESS & ASSOCIATES, INC. ~tu' ~ VA Rick Swanson, P.E. RS11er Copies: Addressee by email Attachments: Schedule of Fees and Conditions Vitae Sheet Experience MARQUESS & ASSOCIATES INC SCHEDULE OF FEES AND CONDITIONS PERSONNEL CHARGES Executive Engineer 155.00/hr Principal Engineer $ 145.00/hr* Principal Geotechnical Engineer $ 145.00/hr Senior Engineer $ 110.00- 120.00/hr Project Engineer 96.00 -112.00/hr Design Engineer $ 82.00 - 95.00/hr Designer It $ 72.00 - 86.00/hr Designer I.................................................$ 63.00 - 73.00/hr Drafter II $ 58.00 - 68.00/hr Soils Technician $ 52.00 - 62.00/hr Inspector 52.00 - 60.00/hr Drafter I..................................................$ 50.00 - 60.00/hr Word Processor 50.00/hr Mileage $ 0.65/mile Out of Pocket Expenses............................... Actual Cost Nuclear Moisture Density Gauge 25.00/test Materials Testing Services............ Schedule Provided On Request *Expert witness fees for appearance at court and depositions are $1,000/day and $500 half day. There is a minimum of one-half day for all court and deposition appearances. STANDARD OF CARE - Services performed by Marquess & Associates, Inc. (MAI) under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other warranty, expressed or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, pits, surveys, or explorations are made and that our data, interpretations and recommendations are based solely on the information available to us. We will be responsible for those data, interpretations, and recommendations, but shall not be responsible for the interpretations by others of the information developed. RIGHT OF ENTRY - The Client shall provide for MAI's right of entry. While MAI shall take all reasonable precautions to minimize any damage to the property, it is understood by Client that the use of exploration equipment will cause some damage to the ground, the correction of which is not part of this agreement. GENERAL LIABILITY INSURANCE - MAI represents and warrants that it is protected by workers' compensation insurance and that we have such coverage under public liability and property damage insurance policies which we deem to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, we agree to indemnify and save Client harmless from and against any loss, damage, or liability arising from any negligent acts by MAI and its staff. We shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. We shall not be responsible for any loss, damage or liability arising from any negligent acts or willful misconduct of Client, its agents, staff, and other consultants employed by it. Certificates of our general liability insurance shall be provided upon request. UTILITIES - In the performance of our work, MAI will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The Client agrees to waive any claim against MAI and to defend, indemnify and hold MAI harmless from any claim or liability for injury or loss allegedly arising from MAI's damaging underground utilities or other man-made objects that were not called to MAI's attention or which were not properly located on plans furnished to MAI. OWNERSHIP OF DOCUMENTS - All reports, logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by MAI as instruments of service, shall remain our property. Client agrees that all reports and other work ftirnished to the Client or his agents, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. SAMPLES - All samples of soil and rock will be disposed of from the laboratory 30 days after issuance of the report unless the Client advises otherwise. Upon request, we will deliver the samples to the Client or will store them for an agreed storage charge. LIMITATIONS OF LIABILITY - Our liability for damages due to professional negligence will be limited to $50,000 or our fee whichever is greater. Client will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against MAI on account of any decision, defect, error, omission, professional negligence, or alleged act of negligence on our part to an amount not to exceed our fee. Client will indemnify and hold MAI harmless of all liability claims for damages, cost of defense or expenses in excess of the amount of our fee. This indemnification shall apply to all claims regardless of cause and against all claims brought by third parties as well as Client. DISPUTES - All claims, disputes, and other matters in controversy between MAI and Client, arising out of, or in any way related to this contract, will be submitted to mediation or another alternative dispute resolution procedure before, and as a condition precedent to, judicial action, or other remedies provided by law. The limitation and indemnification shall also be effective in such mediation. In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim related expenses. RICK SWANSON, P.E., G.E. No 16885 Secretary and Principal Geotechnical/Civil Engineer, Marquess & Associates, Inc. Specialized Professional Competence Geotechnical experience dating back to 1981 in preparation and management of geotechnical investigations and construction observation for new institutional, municipal, commercial, and residential projects, and consultation. Responsible for field investigations, construction monitoring, laboratory testing services, seismic and geologic hazard studies, specification writing, and report writing. Specialty - Geotechnical and Civil Engineering Design. Professional Background Registered Professional Civil and Geotechnical Engineer in Oregon. Registered Professional Civil and Geotechnical Engineer in California. Bachelor of Science in Geology with Distinction, San Jose State University, 1978. Master of Science in Engineering Science, University of California at Berkeley, 1980. Member American Society of Civil Engineers and National Society of Professional Engineers. Co-authored "Ground Effects of the Loma Prieta Earthquake on the C. T. English Middle School, Loma Prieta Joint Union School District, Santa Cruz County, California", in Loma Prieta Earthquake: Engineering Geologic Perspectives, AEG Special Publication No. 1, 1991. Joined firm in 1993. Continuing Education Stream Restoration and Bank Stabilization for Managers and Decision Makers, ASCE Short Course, 2006 Slope Stability and Stabilization Methods, ASCE Short Course, 1999 Consolidation Settlement Analytical Tools, ASCE Short Course, 1997 Preparation and Review of Engineering Geologic/Seismic Reports for Hospital and School Sites in California, CDMG and AEG Short Course, 1993 Soil Stratigraphy for Trench Logging, AEG Short Course, 1993 Seismic Short Course, San Francisco State University, 1991 Claims Case Study Workshop, DPIC Companies and Dealey, Renton & Associates, 1990 Strong Ground Motion, Seismic Analysis, Design, and Code Issues, EERI, 1987 Geotechnical Engineering Experience (Oregon) - 46 additions to existing schools and colleges, 5 elementary schools, 3 middle schools, 2 high schools. - 35 County and City office, library and shop buildings, fire and police stations, 1 public amphitheater. - 1 hospital center, 1 replacement hospital center, 9 hospital additions, 10 medical clinics, 6 retirement care facilities. - 8 new structure/addition/improvement projects at VA SORCC. - 10 bridges, 10+ riverbank stabilization projects. - 5 large manufacturing plants and 22 major plant/facility additions. - 2 solid waste transfer stations. - 8 wastewater plant additions and sludge disposal projects, 1 replacement wastewater treatment plant. - 6 water treatment plant additions. - 40+ investigations of distressed structures and failed slopes, including remedial recommendations and landslide repairs. - 20 residential subdivisions and mixed use developments. - 3 reservoir embankments. - 350+ buildings for commercial, retail, residential, institutional, and agricultural use. - Nu rnerous pavement designs for streets, parking areas and heavy industrial plants. - 14 communications towers. - 3 railroad sidings. - 5 parking structures. Geotechnical Engineering Experience (San Francisco Area, California) - 41 major additions to schools and colleges, 5 new elementary and middle schools. - Numerous wastewater treatment, storage, and transport facilities in and near San Francisco, including pump stations, pipelines, covered reservoirs, outfalls, tunnels, and underground box storage reservoirs. Chief among these wastewater facilities was the multi-billion dollar (1980) Bayside Facilities Project in San Francisco. - 7 water-related public works projects including raising a dam, pipelines, filtration plant, water reservoirs, and a tunnel. - 2 airport terminals and apron rehab (San Francisco International and Los Angeles International). - 100's of buildings ranging from 10-story buildings to low-rise commercial and retail shopping and office buildings, warehouses, residences, etc. and towers. - Numerous evaluations of distressed structures to determine cause of damage and, in many cases, remedial repair recommendations. - Associated with numerous geologic fault and landslide studies, including geologic evaluations for two hard rock quarries and one exploratory study for underwater quarry. M Ulu 110up P 1559 September 28, 2015 Geotechnical Consulting Bruce Dickens, Parks Superintendent City of Ashland, Parks and Recreation 340 S. Pioneer Street Ashland, OR 97520 Subject: GEOTECHNICAL INVESTIGATION PROPOSAL GARFIELD PARK WATER PARK IMPROVEMENT ASHLAND, OREGON Mr. Dickens: In accordance with your request, we are pleased to present our proposal for geotechnical investigation and design services on the above-referenced project. The following paragraphs outline 1) our understanding of the project, 2) the proposed scope of geotechnical services and 3) our costs for providing these services. This proposal is based on your RFP information and our previous work in the site area. SITE AND PROJECT DESCRIPTION The subject property is located on East Main Street between Garfield and California. It is occupied by a small water play area, a volleyball area, a restroom building, miscellaneous walkways and grass and landscaped areas. We understand the project to consist of upgrading the water park area, adding seating, reworking pathways, installing new gathering areas with large umbrellas and related re- landscaping. Other miscellaneous items are also likely to be included. It is desired by the Parks Department to obtain subsurface investigation and soils conditions, design information for the site improvements, a site drainage evaluation and how it could affect construction and information needed to mitigate adverse impacts to the work during wet weather. QUALIFICATIONS FOR THE WORK The Galli Group is particularly well qualified for this project. The Senior Principal, William Galli, P.E., G.E., will be the Senior engineer on this project. Mr. Galli has a Masters Degree in Geotechnical Engineering and Water Resources and over 35 years of experience. Hundreds of his projects have included slabs and walks on expansive clay 612 NW Third Street, Grants Pass, Oregon 97526 • Phone (541) 955-1611 - Fax (541) 955-8150 P1559 Page 2 subgrade soils, site runoff studies and site permeability studies, many for local parks. Recent projects include: • Fichtner Mainwaring Park in Medford, OR. Tennis courts and walks over expansive clay. Used cement treated soils to stabilize and strengthen the clay subgrade. • Hawthorne Park improvements in Medford, OR. Included walkways, picnic slabs, tennis courts and parking. Site had expansive clay subgrade. • Holmes Park tennis courts in Medord, OR. We utilized cement treated subgrade to stabilize the site and provide long-term support for the courts. We have also accomplished scores of surface water runoff studies on all manner of projects throughout Oregon. About 50% of these included evaluation for wet weather construction and impacts of stormwater runoff during the construction process. We have abundant experience with projects in this area of Ashland. These have included the Performing Arts Building and light towers at the High School. The new gymnasium and large classroom structure at Walker Middle School. Drainage issues at the YMCA. Drainage and foundation support at college housing projects. Numerous remedial investigations and designs for private homes in this sloping area with emergent water problems. We have very good experience with soils and groundwater conditions in this area and how to mitigate their adverse impacts. SCOPE OF SERVICES The purpose of this study would be to investigate and verify the surface and shallow subsurface soils conditions at the parcel, which can affect these improvements and provide geotechnical design recommendations for site preparation, earthwork operations, site pad preparation, footing design (if needed), slab-on-grade areas, lateral load resistance, mitigation for expansive clays, site drainage and erosion control. It would also include a drainage evaluation and its impact on the site construction. The scope of services would include the following. • 5 to 6 small diameter borings with our ATV-mounted drill rig. Note: Use of the small drill rig will cause far less damage to the site than backhoe test pits. It will also cost less and not cause deep tracking like a truck-mounted drill rig. • Soil samples would be gathered and subsurface soils conditions would be documented in the borings. • All holes would be backfilled with soil spoils when drilling is completed. • A limited visual topographic evaluation would be accomplished at the site area to be developed. This would be needed for an accurate site drainage evaluation. • Soil samples would be tested for Expansion Index (to verify how expansive the surface soils are at the site), moisture content and strength of cement-treated soil P 1559 Garfield Water Park Improvement The Galli Group P1559 Page 3 cylinders. Note: We have used cement treatment to stabilize expansive clays and provide very good support of hard surfacing above these expansive soils at several park sites in Medford. • Office analysis of soils conditions, laboratory data and other information gathered at the site to develop design recommendations and comments on potential water issues. • Final geotechnical design report. In preparation for drilling we will call for a utility locate on and around the parcel. This locate will be accomplished by the regional utility locate service at no cost to the owner. We assume all on-site utilities, underground tanks or other damageable items would be located on a site plan and forwarded to us prior to our arrival at the site. Alternately, your maintenance personnel could meet us and help us locate our borings away from site utilities. While we will exercise caution and prudent judgment, we cannot be responsible for damage to omitted or mislocated items. We also assume the property is owned by the City or that right-of-entry has been obtained. We have not included time in our budget to secure access prior to field work. Our representative would visit the site to identify boring locations and observe subsurface conditions. The soils encountered would be classified in the field and a log of observed subsurface soil and groundwater conditions would be kept. Samples would be obtained for transport back to the office and laboratory. We would prepare a Geotechnical Investigation and Design Report with the following information: 1. Site Vicinity map. 2. Site Plan with approximate boring locations. 3. Description of our field and office studies. 4. Logs of all borings accomplished. 5. General Site Topography Description. 6. Description of soil and groundwater conditions encountered on the site. 7. Recommendations for site stripping, subgrade preparation, earthwork and grading operations (including cuts and fills) and short and long-term site drainage and erosion control. 8. Recommendations for slab-on-grade areas, sub-drainage (if needed), including subgrade preparation, possible cement treatment and methods of support for the water park, walkways, patios and seating areas. 9. Recommendations for lateral resistance, including coefficients of sliding friction and passive earth pressure and lateral earth pressures for retaining wall design. P 1559 Garfield Water Park Improvement The Galli Group P1559 Page 4 10. Reinforced concrete support recommendations for items over expansive clays. 11. Results of drainage and run-off evaluation with comments on potential water impacts on construction. 12. Recommendations to deal with anticipated construction difficulties for the project. We would provide you with five bound copies and one electronic copy of our report for use by your design team. All work would be performed and/or supervised by a qualified geotechnical engineer, registered as a professional engineer and professional geotechnical engineer in the state of Oregon. COST CONSIDERATIONS The following is a general cost breakdown for the geotechnical and drainage studies and design. 1. Set up and Locates $ 680.00 2. ATV Drill (w/2-man crew) 700.00 3. Field Engineer to Log Holes & Data 665.00 4. Site Topography Work 250.00 5. Laboratory Testing 360.00 6. Drainage & Run-off Evaluation 450.00 7. Geotechnical Evaluation & Design 750.00 8. Final Geotechnical & Drainage Report 1,100.00 TOTAL ESTIMATED COST $ 4,955.00 We propose to provide the services outlined above on a time-and-expense basis in accordance with the attached Standard Fee Schedule and General Conditions. At this time we estimate the cost of these services to be between $4,500.00 and $5,000.00. This is for work through submittal of our design report. Included in our costs are field time for borings (including ATV Drill Rig and field inspection), topographic work and all preparations, lab testing, computations, design, project management and report writing and reproduction. SCHEDULE AND AUTHORIZATION We should be able to begin field work within 4 to 7 working days of receiving authorization to proceed (time to arrange for locates and schedule the drill rig). Verbal recommendations would be available within several days and our final report would be completed within 10 to 15 (depends on lab schedule) working days after completing our field investigation. Note: We will meet the October 28 deadline, assuming notice to proceed is received by October 7, 2015. P 1559 Garfield Water Park Improvement The Galli Group P1559 Page 5 Please note that we have signed several contracts for personal services on previous projects (one is current) with the City of Ashland, which is also acceptable to us for this project. Receipt of one signed copy of this proposal letter and Fee Schedule and General Conditions will serve as our formal authorization to proceed. We look forward to working with you and to helping make this a successful project. If you have any questions, please call at your convenience. Respectfully Submitted, THE GALLI GROUP William F. Galli, P.E., G.E. Senior Principal Engineer Attachment: Standard Fee Schedule and General Conditions My signature below indicates I have read, understand and accept the terms and conditions of this proposal letter and the attached Standard Fee Schedule and General Conditions. Name Date Signature Title P1559 Garfield Water Park Improvement The Galli Group P1559 THE GALLI GROUP Page b ENGINEERING & TECHNICAL SERVICES STANDARD FEE SCHEDULE AND GENERAL CONDITIONS Effective: May 7, 2015 SCHEDULE OF CHARGES -The compensation to The Galli Group (TGG) for our professional and testing services is based upon the conditions set forth below. A new schedule of charges is issued at the beginning of each year, or when otherwise dictated by inflationary changes. Unless other arrangements have been made, charges for all work will be based on the latest schedule of charges Senior Principal $190/hr. Out-of-Town Subsistence and Travel: Cost + 15% Principal. $165/hr Color Copies: $1.50/page Senior Professional $140/hr. Photocopies: $0.10/page(8%:XI1) Project Professional $125/hr. Fax: $I.00ipage Project Manager $I 15/hr. Vehicle Mileage: $0.65/mile Staff Associate I $ 95/hr. Outside Services and Expenses: Cost + I S%. Staff Associate II $ 85/hr. Subcontractors: Cost + 15% AutoCAD/Drafting $ 75/hr. Survey Crew ,,2 man w/Total Station: $I25/hr. Office Manager $ 70/hr. ATV Drill Rig w='2-Man Crew: $145lhr. Senior Technician $ 70/hr. ATV Drill w.,Crew Mobilization: $120/hr. Technician 1 $ 60/hr. Sign Surcharge: $80/day (all signs required) Technician 11 $ 50/hr. Nuclear Densometer: $80/day Flagger... $ 421hr. Equipment Charge: Per Quote or cost + 15% Clerical $ 42/hr. Coring Bit Surcharge: $81inch - 8" and 10" Laborer $ 35/hr. $6/inch - 4" and 6" Expert Witness (min. 2 hours) $280/hr. Emergency Response - 100% Surcharge Notes: I . A minimum of two hours will be charged for each site visit. Review of field data and consultation by Professional staff will be according to the hourly rules listed above. 2. Overtime rates of 1.4 for professionals and 1.5 times for technicians, times the regular rate will be charged for overtime hours if project's requirements make overtime work necessary (including "RUSH" jobs for client). 3. Portal to portal travel will be charged at the above hourly rates and mileage costs. AUTHORIZATION - Work can be started on the basis of CLIENT'S verbal authorization and with a payment of required retainer. However, work will not proceed unless TGG has received a signed copy of this Standard Fee Schedule and General Conditions attached to a copy of the proposal or Letter of Confirmation and the retainer check BILLING A retainer in the amount of »4 least f fly (50) percent of the total estimated cost will be required to begin work on a project. However, if a large percentage of the project requires outside services and/or contracts and expenses, a higher percentage retainer will be required. Fees and other charges will be billed either monthly or twice monthly, depending upon the nature of the project, as the work progresses, and the amount of each invoice shall be due upon presentation and is past due 15 days after the date of such billing, A service charge of I % per month will be charged on all accounts not paid within 15 days. All expenses incurred for liening or collection of any delinquent amount, including, but not limited to, reasonable attomey fees, witness fees, charges at current billing rates for time spent by TGG personnel, document duplication, and court costs, shall be paid to TGG in addition to the delinquent amount. PRE LIEN NOTICE - Your receipt and acceptance of this proposal and General Conditions shall constitute the receipt by you of a Pre Lien Notice. That you fully understand this work will be done by The Galli Group, P.S. and that The Galli Group, P.S. has the right to lien said property to insure payment for services rendered. RIGHT-OF-ENTRY - Unless otherwise agreed upon in writing, CLIENT will furnish right-or-entry and locate all private utilities on the land for TGG to perform borings, surveys and other explorations We will take reasonable precautions to minimize damage to the land or utilities from use of equipment. Our fete does not include the cost of restoration of normal land damage which may result from our operations, or for repair or replacement of unlocated or unmarked utilities or consequential damages. SAMPLES - All samples of soil and rock will be disposed of within 15 days of submission of our report unless otherwise directed in writing by CLIENT. Upon request, we will deliver samples to CLIENT (shipping charges collected on delivery), or we will store them for an agreed charge TERM [NATION OF SERVICES -In the event the CLIENT requests termination of the work prior to completion, we reserve the right to complete such analyses and records as may be necessary to protect our professional reputation, and to complete a report of work performed to date. A termination fee to cover the costs incurred thereof may be made at TGG's discretion, up to 10% of the charges incurred up to the slate of termination. TGG may terminate services if any conditions of this document are not met by the client, if payment is overdue and unpaid or if the client refuses to accept prudent recommendations, thereby putting the project and TGG at risk. OWNERSHIP AND COPYRIGHT OF DOCUMENTS - All reports, field data, laboratory test data, calculations, drawings and other work prepared by us as instruments of service shall remain the property of TGG and cannot be used for any reasons oron other projects other than to 00 Fee Schedule - Private, 5-07-2015.docx The Galli Group P1559 Page 7 design, bid and construct the subject project. TGG will retain all pertinent summaries and reports relating to services performed for CLIENT on this project for a period of five years following submission of our report, during which time the records shall be made available to CLIENT. HAZARDOUS WASTE - During the performance of our field services, if any unforeseen hazardous waste substance or elements are encountered, TGG will notify CLIENT and take reasonable precautions to protect personnel and the subject site from damage. Such precautions shall be paid for by the CLIENT. CLIENT agrees that TGG is not a hazardous waste contractor and has no expertise in such measures and cannot be expected to evaluate the potential contamination, to formulate clean-up plans or negotiate with local, state and federal agencies. It is further agreed that CLIENT and OWNER shall indemnify, defend and hold harmless TGG and its employees and agents against any claim or liability from TGG's encountering unforeseen hazardous materials or claims against TGG arising from the work of others related to hazardous waste. PLEASE NOTE IMPORTANT CONTRACT PARAGRAPHS WITHIN BOXES NOTICE OF RIGHT TO LIEN - Receipt of this document by client constitutes delivery or n standard Right to lien Yatio for the work described in the anached proposal orconfrrmation letter. This is a formal notification that The Galli Group has been asked to provide goods and services for the referenced site and hereby gives The Galli Group the right to lien this pmperty to assure payment for these goods and services. LIMITATIONS OF PROFESSIONAL LIABILITY - CLIENT recognizes the inherent risks and uncertainty connected with design and construction. CLIENT also recognizes potential uncertainties/variations in site subsurface conditions and potential negative impacts of parties other than TGG on geotechnical and related design and construction items. In performing our professional services, we will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended by the proposal for consulting services or by furnishing oml or written reports and/or plans and specifications of the findings made. Client also agrees that all structures will deflect and crack after construction. TGG makes no guarantee of zero damage after construction. It is agreed that CLIENT will limit any and all liability, claim for damages, cost of defense, or expenses to be levied against TGG on account of any decision, defect, error, omission, professional negligence, or alleged act of negligence on our pan to a sum not to exceed $95,000.00, INDEMNIFICATION BY CLIENT CLIENT agrees to indemnify and hold TGG harmless of all liability claims for damages, cost of defense or expenses in excess of the above stated amount (S95,000.00). This indemnification shall apply to all claims regardless of cause and to all claims brought by third parties as well as CLIENT. DISPUTE RESOLUTION - All claims, disputes, and other matters in controversy between TGG and CLIENT, arising out of, or in any way related to this contract, will be submitted to mediation oranothcr alternative dispute resolution procedure before, and as a condition precedent to, judicial action, or other remedies provided by law. The limitation and indemnification shall also be effective in such mediation. In the event that a claim is made against TGG for any alleged error, omission or other professional act arising out of the performance of TGG's services, and CLIENT fails to prove such claim or prevail in such adversary proceeding, CLIENT will pay TGG and/or their insurance carrier all expenses incurred by THE GALLI GROUP and/or their insurance carrier in defending such claim, including, but not limited to, reasonable attorney's fees, witness fees, and reasonable charges at current billing rates for time devoted by TGG personnel. CLIENT agrees that for the purpose of this Agreement, it has failed to prove its claim when the judgment in litigation is for the sum of money less than that sum offered by TGG and/or their insurance carrier to resolve that matter without litigation. I hereby understand and agree to these freely negotiated terms (in particular the Right to Lien Notice and the Limitation of Liability) and am authorized to accept the above conditions and scope of the attached Proposat/Confirmation dated 9-28-15 Print Client/Company Name 11a1r Signature Print Name/Title FOR TGG USE ONLY TGG Assigned Project=Number TGG Proposal Number P1559 00 Fee Schedule - Private, 5-07-2015.docx The Galli Group Geotechnical Investigation for Garfield Park Splashpad Bid Tab Contractors Bids Comments Marquess & Assoc, Inc. $2,000.00 Apparent Low Bidder Attn: Rick Swanson 1120 E. Jackson Street PO Box 490 Medford, OR 97501 541-772-7115 info Lc~marquess.com The Galli Group $4,955.00 Atnn: William Galli 612 NW Third Street Grants Pass, OR 97526 541-955-1611 info Lthe~alligroup.com AGEGC Did not bid Attn: Robin Warren 1314 Center Drive Medford, OR 97501 541-226-6658 robin.warren,aae cg com Zimbra dyssegs@ashland.or.us Congrats and Contract From : Susan Dyssegard <dyssegs@ashland.or.us> Tue. Sep 29, 2015 04:03 PM Subject : Congrats and Contract 3)3 attachments To : info@marquess.com, Rick Swanson <rick@marquess.com> Cc : bruce dickens <bruce.dickens@ashland.or.us> Reply To : susan dyssegard <susan.dyssegard@ashland.or.us> Hello Rick - thanks again for bidding on the Geotech Investigation for Garfield Park. Yours was the lowest bid and we look forward to working with you. Attached is your contract and a blank W-9. With the original signed contract we will need your certificate of insurance, a W-9 and an Ashland business license. Proof of insurances include: General liability - $2M Auto - $200,000 W/C Please list the City of Ashland Parks and Recreation as the additional insured. Everything (other than the contract) can be sent by email or fax. The signed contract can be mailed through USPS to my attention (see address below). Thanks again and let me know if you have any questions. Sincerely, Susan Dyssegard, Administrative Supervisor City of Ashland, Parks and Recreation Commission 340 S. Pioneer Street, Ashland, OR 97520 (541) 552-2256 or (541) 488-5340; TTY (800) 735-2900 Fax: (541) 488-5314 dyssegs@ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2256. Thank you. LIKE us F1 FB-fLogo-Blue35.gif 2 KB Contract for Goods and Services Less than $25K -Marquess.doc L® 352 KB W-9 Blank PARKS 2014.pdf 110 KB ACORO ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/29/2015 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 endorsements . PRODUCER CONTACT NAME: Michael J Hall Company Michael J Hall & Company A/CNN Ext :360-598-3700 AEAX /c No): Hall & Company E-MAIL 19660 10th Ave NE ADDRESs:certificates hallandcom an .com Poulsbo WA 98370 INSURERS AFFORDING COVERAGE NAIC # INSURERA:The Travelers Indemnity Company 5658 INSURED 2738 INSURER B :The Travelers Indemnity Company of 5682 Marquess & Associates Inc INSURERC:RLI INSURANCE COMPANY 13056 P.O. Box 490 INSURER D : Medford OR 97504 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1377545855 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A GENERAL LIABILITY 6806146N63A 5/29/2015 5/29/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300,000 CLAIMS-MADE I Fv] IOCCUR MED EXP (Any one person) $5,000 X OCP/XCU/BFPD PERSONAL &ADV INJURY $1,000,000 X Cross Liability GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ B AUTOMOBILE LIABILITY BA6148N401 5/29/2015 5/29/2016 ECOMBINED detSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident _ A X UMBRELLA LIAB X OCCUR CUP3196T698 5/29/2015 5/29/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION UB4467T439 7/1/2015 5/29/2016 X WC STATU- OTH-TQRY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N /A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liab: Claims Made RDP0021120 7/26/2015 7/26/2016 $2,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Ashland Parks and Recreation Commission is included Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, Auto Liability, and Umbrella / Excess Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Parks and Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 340 S Pioneer Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT- INCREASED LIMIT C. EMPLOYEES AS INSURED 1. WAIVER OF DEDUCTIBLE - GLASS D. SUPPLEMENTARY PAYMENTS - INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS - INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES -INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II - COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV - BUSI- NESS AUTO CONDITIONS: Any person or organization who is required under a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos rent or borrow; and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II - COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". C. EMPLOYEES AS INSURED An "employee" of yours is an "insured" while operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II - COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto" you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS - INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION II - COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. (b) . The following replaces laces Paragraph A.2.a. 4 of Any "auto" that is hired, rented or bor- 2 g p rowed from your "employee". SECTION 11 - COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT (4) All reasonable expenses incurred by the "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III - PHYSICAL DAMAGE COVER- AGE: E. TRAILERS - INCREASED LOAD CAPACITY We The following replaces Paragraph C.I. of SEC- will pay up to $50 per day to a maximum of The 11 COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT- INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION 111 - PHYSICAL The following is added to Paragraph AA., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III - PHYSICAL I. WAIVER OF DEDUCTIBLE -GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III - PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III - PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III - PHYSICAL DAMAGE time of the "loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one "loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, The following is added to Paragraph AA., Cover- of SECTION IV - BUSINESS AUTO CONDI- age Extensions, of SECTION III - PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or "loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL. INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section 11): Part. Any person or organization that you agree in a S, The following is added to Paragraph a, of 4. "contract or agreement requiring insurance" to in- Other Insurance in COMMERCIAL. GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury", "property damage" or "persona[ injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on era e Part must apply on a your behalf: 9 primary basis, or a primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tiona€ insured as a named insured, and we will not rented to you, or share with the other insurance, provided that; c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance, any person or organization for which cover- C. The following is added to Paragraph 8, Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e, This insurance does not apply to the redder- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services", payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- €ess. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 81 09 07 Q 2007 The Travelers Companies, Inc, Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury" offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS Jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring irisurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the and of the policy period. Page 2 of 2 0 2007 The Travelers Companies, Inc. CG D3 8109 07 Includes the copyrighted material of insurance Services office, Inc., with its permission. UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE The following is added to Paragraph 11., OUR RIGHT a. "Bodily injury" or "property damage" caused by an TO RECOVER FROM OTHERS., of SECTION IV - "occurrence" that takes place; or CONDITIONS.: b. "Personal injury" or "advertising injury" caused by If the insured has agreed in a contract or agreement an "offense" that is committed; to waive that insured's right of recovery against any subsequent to the execution of the contract or agree- person or organization, we waive our right of recovery ment. against such person or organization, but only for payments we make because of: UM 04 88 07 08 © 2008 The Travelers Companies, Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. D Ct) m m m m m D O D m z C/) Cf) mOD OCOX n p Xom m W 0oCD m 1 m 0 9" D o z M C/) 0 M (n o O z D 1 D ; D i z M 0 ~ O Z z -n Z 3 Cl) z -n> n TO 0 N z D mr m zZ o z m~ z 'a m c 09 m cn m N Q Z. O m m M m O 0 v Z D m 0 m m cn O O o o Z Z w w O U k o O C ~ ca z O m (n CD o c ~CA L m r z D m 0 w m o Page 1 / 1 ASHLAND PARKICOMMISSION UMBER . - 20 E MAIN ST DATE F~o 4 ASHLAND, OR 97520 10/16/2015 050 (541) 488-5300 VENDOR: 004022 SHIP TD: MARQUESS & ASSOCIATES, INC 1120 E JACKSON PO BOX 490 MEDFORD, OR 97501 FOB Point: Ashland, Oregon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Geotechnical investigation prior to 2,000.00 installation of Garfield Park splashpad. Contract for Personal Services Beginning date: 10/09/2015 Completion date: 11/30/2015 SUBTOTAL 2,000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 2,000.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.02.06.60410 2,000.00 Aut rized Signature 1` VENDOR COPY FO RM #3 CITY OF ASHLAND REQUISITION Date of request: 10/8/15 Required date for delivery: 10/16/15 Vendor Name Marquess & Associates, Inc. ATTN: Rick Swanson Address, City, State, Zip 1120 E. Jackson Street, Medford, OR 97501 infoemarquess.com Contact Name & Telephone Number Fax Number TEL: 541-772-7115 FAX: 541-779-4079 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 FY 15-16 ❑ Direct Award Date approved by Council: Contract # 2581 ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (45,6, 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 #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ® (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $51K to $75K Valid until: Date Description of SERVICES Total Cost Geotechnical investigation prior to installing new Garfield Park splashpad. $ 2,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal $ 2,000.00 Project Number _ _ _ _ _ _ - _ _ _ Account Number 211 - _12_ -02_ - 06 - 604100 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: IT Director Date Support -Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: r,trs`.<p.. ' Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition