Loading...
HomeMy WebLinkAbout2015-308 Contract - Galli Group Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: The Galli Group ASHLAND CONTACT: Bill Galli PE 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2950 612 NW 3rd St Grants Pass, OR 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-955-1611 DATE AGREEMENT PREPARED: Sept 2 2015 FAX: 541.955-8150 BEGINNING DATE: September 25, 2015 COMPLETION DATE: June 30, 2016 COMPENSATION: Time and Materials not to exceed (NTE) $30,000 SERVICES TO BE PROVIDED: Final Geotechnical Investigation for the Loop Rd Reservoir per attached exhibit C & E 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 by the negligence of City. 10. Termination: Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $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, osion. a ligent acts related to the professional services to be provided under this contract. C. General Liability insurance withbined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000, 0 erNot Applicable for each occurrence for Bodily Injury and Property Damage. f v d. Automobile Liability insurance wi ombined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, of Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned hi c n-owned vehicles, as applicable. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 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. onsultann: City of Ashland rcauc. p ~ By Z C = By V Signature artment Head t6)rL_u t14a1 F _ FLos;gy Print Name Print Name 0_ VL-f Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. APP(AOVED AS R(~ Ashland ty Attorney Data Contract for Personal Services, Revised 07/08/2014, Page 3 of 5 j,. 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 yy enforceable in accordance with its terms, (c) th work under the Contract shall be performed in v~ -5TnNDAPV GFCAe-F- OP 7~ftcr /'o ~scc~U /T/V0 €~-z*--S_5 accordance with the 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. Contractdr (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY OF 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- 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 541488-6002 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 kAA,-,-'' ~ ASHLAND r Contract for Personal 5e ices, Revised 07/08/2014, Page 5 o 5 ' 02-3760-2 Page 1 EXHIBIT C ASHLAND LOOP RESERVOIR GEOTECHNICAL INVESTIGATION & REPORT Scope of Services & Estimated Costs The following list of tasks will be accomplished for this proposed new water tank and Loop Road change in elevation evaluation. 1. Site reconnaissance by engineer and geologist and stake site for utility locates; call in locates and decide access needed. 2. Field work with small dozer to create access for the drill rigs. Include erosion control fencing. 3. Drill 4 borings with outside subcontract drill rig; 1 @ 40 to 50 feet deep up on ridge area and 3 @ 20 to 35 feet adjacent to roadway just below the proposed tank locations (2 days). This would include coring the rock to verify strength. 4. Drill 2 or 3 borings with our ATV mounted drill rig; located up on ridge slope as close as is practical to tank and excavation areas for access and drillers safety; borings to penetrate to 8 to 12 feet or practical refusal in the weathered granite rock (1 day). 5. Obtain samples for return to laboratory for testing as needed; most will be for roadway stability evaluation. 6. Site evaluation review (to augment/update previous report dated September 20, 2006) by our Senior Engineering Geologist. Provide seismic design parameters per current codes, IBC 2012, OSSC 2014, for design of the structures and slope fills. 7. Overall evaluation of site for proposed tank(s) and roadway changes by Principal Engineer. 8. Do a slope stability check of the roadway downslope of proposed tank locations. This would be for existing conditions and under potential loading of raised roadway elevation. Would require site specific cross section elevation survey along approximately 250 to 350 feet of roadway. Provide detailed topo map and cross sections of area in question. 9. Evaluation of raising the existing loop roadway for better parking and widening of trails above for use as drill rig access. 10. Clean up graded areas and install erosion control fencing downslope of all severely disturbed areas. 11. Revised and augmented Geotechnical Design Recommendations Report from previous Siting Study report. Report would include fully updated geologic hazards and seismicity report as an appendix. Particular areas of focus will be as follows: • Cut slopes/slope stability of tank site • Seismic Stability of site • Bearing Capacity at various elevations/locations • Roadway Stability - Current and when Raised • Feasibility and methods to Raise Roadway and/or Parking • Slope Retention methods that could be required • Backfill materials and methods for fills on the slope • Rock Bolt designs • Parameters for Retaining Wall design 3760-2 EXHIBIT C - Scope & Costs, Ashland Loop Reservoir.docx The Galli Group 02-3760-2 Page 2 • Constructability comments for sloping site • All other geotechnical items related to construction of a tank. 12. Discussion with city personnel regarding findings and how to best focus the final report. 13. Rework design items based on meeting with City. 14. Geotechnical Design and Seismic Design final report with all above items described and included. Estimated Costs Based on the scope listed above we have estimated the costs to be as follows: A. Recon and Locates $1,250.00 B. Dozer and Field Engineer 1,600.00 C. Outside Driller- $7,100 x 1.15 (2 days) 8,165.00 D. ATV Drill & 2 man crew (1 day) 1,450.00 E. Field Engineer- 3 10-hr. days drilling 2,850.00 F. Lab Testing (allowed) 1,400.00 G. Site Topo Field Work and Map Generation 2,350.00 H. Slope Stability Computations & Design 3,570.00 1. Final Report Preparation 2,350.00 J. Management, Client Discussion 2,180.00 K. Reimbursables 940.00 L. Unforeseen Contingency (10%) 1,500.00 TOTAL ESTIMATED COSTS $29,605.00 Based on this estimate, we recommend a Not-to-Exceed budget of $30,000.00. All work would be accomplished on a time-and-expense basis in accordance with the rates listed in attached Exhibit D. City of Ashland Initials 3760-2 EXHIBIT C - Scope & Costs, Ashland Loop Reservoir.docx The Galli Group 02-3760-2 Page 1 EXHIBIT D THE GALLI GROUP GEOTECHNICAL STANDARD BILLING RATES (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%X 1 1) Project Professional $ l25/hr. Fax: $1.00/page Project Manager $1 15/hr. Vehicle Mileage: $0.65/mile Staff Associate I $ 95/hr. Outside Services and Expenses: Cost+ 15%. Staff Associate II $ 85/hr. Subcontractors: Cost+ 15% AutoCAD/Drafting $ 75/hr. Survey Crew/2 man w/Total Station: $125/hr. Office Manager $ 70/hr. ATV Drill Rig w/2-Man Crew: $145/hr. Senior Technician $ 70/hr. ATV Drill w/Crew Mobilization: $120/hr. Technician I $ 60/hr. Sign Surcharge: $80/day (all signs required) Technician If $ 50/hr. Nuclear Densometer: $80/day Flagger... $ 42/hr. Equipment Charge: Per Quote or cost + 15% Clerical $ 42/hr. Coring Bit Surcharge: $8/inch - 8" and 10" Laborer $ 35/hr. $6/inch - 4" and 6" Expert Witness (min. 2 hours) $280/hr. Emergency Response - 100% Surcharge Notes: L 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 rates 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. Laboratory Fee Schedule (Effective 01/2014) Moisture Content (oven-dried) $9/sample Moisture Content (microwave) $12/sample Atterberg Limits testing (ASTM D4318) $120/sample Sieve Analysis w/ hydrometer (ASTM D422) $165/sample Aggregate Sieve Analysis (ASTM-C136; T-27) $80/sample Washed (C136 & C117; T-11 & T27) $105/sample Specific gravity- soils (ASTM D854) $80/sample Expansion Index (ASTM D4829; UBC 29-2) $125/sample Unit Weight (C29) $75/sample Standard Proctor (ASTM D698) $160/sample Check Point (D698) $65/sample 3760-2 EXHIBIT D - Billing Rates, Ashland Loop Reservoir.docx The Galli Group 02-3760-2 Page 2 ODOT Standard Proctor $310/sample Modified Proctor (ASTM D1557) $225/sample Check Point (D 1557) $90/sample Proctor Oversize Correction (ASTM D4718) $65/sample California Bearing Ratio- CBR (ASTM D1883) One-Point Test (Standard Proctor) $250/sample One Point Test (Modified Proctor) $260/sample Three-Point Test (Standard Proctor) $330/sample Three Point Test (Modified Proctor) $360/sample R-Value (300 psi) $420/sample Consolidation Testing (ASTM D2434) $520/sample Constant Head Permeability Testing (ASTM D2434) $450/sample Flexible Wall Permeability Testing (ASTM D5084) $450/sample Unconfined Compression (ASTM D2166) $125/sample Direct Shear Test (3 pt.) $525/sample PH & Soil Resistivity (lab test; ODOT-107, ASTM G-57) $185/sample Specific Gravity (included absorption) Coarse (ASTM C127) $75/sample Fine (ASTM C128) $85/sample Concrete, Grout or Mortar Cylinder Compressive Strength $22/cylinder Prisms (ASTM-T140) $165/test Sand Equivalent $120/test 3760-2 EXHIBIT D - Billing Rates, Ashland Loop Reservoir.docx The Galli Group EXHIBIT E CLAUSES FOR PROFESSIONAL SERVICES CONTRACT (required for all projects funded by Safe Drinking Water Revolving Loan Fund (SDWRLF) CCR Registration and DUNS numbers are required for all entities that enter into direct contracts with the recipients of Safe Drinking Water Revolving Loan funds. ✓ CCR Registration DUNS Number: 929367118 Name: Galli Group, P.C. The http://www.dnb.com/ eg t-a-duns- Business Type: Business or Organization number.html Registration Status: Active Active Date: 8/11/2015 Expiration Date: 8/10/2016 SAM www.sam.gov/portal/public/SAM/ (NOTE. The CCR registration expires annually and must be kept active until the SDWRLF ro ject is closed) 1. Source of Funds Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. 2. Whistleblowers Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d). 3 Non Discrimination The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 4. Intellectual Property Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project. 5. Inspections; Information Contractor shall permit, and cause its subcontractors to allow the City of Ashland, the State of Oregon, the federal government and any party designated by them to: GApub-wrksleng106-01 Loop Rd Resv\AdmlGa11i12015-09-22 IFA Exhibit D.doc (1) Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project. (2) Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. 6. Environmental & Natural Resource Laws "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 7. Prohibition on the Use of Federal Funds for Lobbying CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Title f~~~ ~a-t-~ ~~v✓~ Yv.~z!~ f~'~L`-'Vi`e x Date ti~ C:\Users\MELODYXAppData\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.0utlook\JG701E81\2015-05-20 IFA Exhibit D.doc DATE (MM/DD/YYYY) ACORO` CERTIFICATE OF LIABILITY INSURANCE 09/15/2015 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 Phone: (425) 771-5197 Fax: (425) 673-4427 CONTACT Chris ORION INSURANCE GROUP, INC. PRONE FAx 3405 188TH ST SW A/C No Extl: (425) 771-5197 ac N (425) 673-4427 E MAIL ChrisDay@OrionlnsGroup.com SUITE #302 - - LYNNWOOD WA 98037 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA RLI Insurance INSURED GALLI GROUP, P.C. INSURERB 612 NW THIRD STREET INSURER C GRANTS PASS OR 97526 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 14821 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 ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD 'L SURE POLICY EFF POLICYEXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/Y1'V1'- MM/DD/YVVYj GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED ]COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ OCCUR MED. EXP (Any one person) $ CLAIMS-MADE PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ PRO 1. _.l-- - - _--]POLICY[ I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED _ I AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS (NON-OWNED I PROPERTY DAMAGE $ AUTOS (per accident) OCCUR EACH OCCURRENCE UMBRELLA LIAB H I CLAIMS-MADE AGGREGATE - $ EXCESS LIAB 'i DED I RETENTION $ $ - WORKERS COMPENSATION TORY LIMITS O ER R AND EMPLOYERS' LIABILITY TORY $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A EL DISEASE-EA EMPLOYEE $ (Mantlatory in NH) 'I If yes, describe under EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability X RDP0019311 03/15/15 03/15/16 $1,000,000 Each Claim - $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) CERTIFICATE HOLDER CANCELLATION The City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Attention: Christopher R. Day ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 9GALLGR OP ID: MW DATE (MMIDDfYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/16/2015 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 Phone: 541-479-5521 CONTACT NAME: Hart Insurance Box 1240 (A/C No): P. O. Box 1240 Fax: 541-474-1890 PHONE A/C No, Ext).__ FAX E-MAIL Grants Pass, OR 97528 Hart Insurance Agency ADDRESS;- INSURER(S) AFFORDING COVER_AGE_ _ NAIC_#_ INSURER A:Ohio Security Ins Co 41939 INSURED The Galli Group PC INSURERB:SAIF Corporation 612 NW 3rd Street Grants Pass, OR 97526 -INSURER C: INSURER 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 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. DDL UBR POLICY EFF P LTR OLICY EXP INSR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ _ 1,000,000 DAMAGETO RENTED COMMERCIAL GENERAL LIABILITY BZS56410713 01/1112015 i 01/11/2016 PREMISES (Ea occurrence) $ 1,000,000 CLAIMS-MADE " OCCUR MED EXP (Any one person) $ 15,00 PERSONAL &ADV INJURY 1,000,000 GENERALAGGRE_GATE $ _ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT f LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT 1,000,000 Ea accident $ _ I BODLY INJURY(Per S B X ANY AUTO BAS56410713 01/1112015 01111/20161 ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS _ AUTOS Per accident) S UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- "OTH- IETOR EXCLUDED? N/A ~TO_RY,LIMITS ER _ C ANYROPRIETORlPXCLUD /EXECUTIVE Y 948255 11101/2014 11/01/2015 EL EACH ACCIDENT $ 500,000 OFFICFR/MAND (Mandatory in NH) Imo E.L. DISEASE- EA EMPLOYE' $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 i I I I DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Ashland Loop reservoir project CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Hart Insurance Agency ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF DATE PO NUMBER AL ASHLAND 20 E MAIN ST. 111612015 13219 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004932 SHIP TO: Ashland Public Works GALL[ GROUP (541) 488-5587 612 NW THIRD STREET 51 WINBURN WAY GRANTS PASS, OR 97526 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: contact: Pieter Smeenk Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Time and materials for Ashland Loop 30,000.00 Reservoir geotechnical investigation and report. Contract for Personal Services Beqinninq date: 09/25/2015 Completion date: 06/30/2016 i SUBTOTAL 30 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 30, 000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 30 000.00 "oA Auth ized Signature VENDOR COPY FO~M -C-ITY OF -AS H LAN A r e~;uss' for a Purchase Order ~ Date of renue~St:~C 09/09/2015 REQUISITION / j~ Reyre-l?te_IS dyliver ' ` ASAP Al 6LL,~ The 411i Group Vendor Name Address, City, State, Zip 2950 612 NW 3,d Street, Grants Pass, OR 97526 Contact Name & Telephone Number Bill Galli, 541-955-1611 Fax Number 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 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 Date approved by Council: ❑ Direct Award -(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ 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 #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75.000 ❑ Agency ❑ Form #9, Request for Approval ® 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 $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost Time and materials for Ashland Loop Reservoir geotechnical investigation and report. $30,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL COST Project Number: PWE- 06-01 Account Number 670.08.15.00.704200 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 regUition form, I certify that the City's public contracting requirements have been satisfied. Employee: r 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-f k* r 1/yI J Finance Director- (Equal to Pgreater than $5,000) Date Comments: Form #3 - Requisition