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HomeMy WebLinkAbout2015-312 Contract - Marquess & Associates /Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: Marquess & Associates, Inc. -ASHLAND CONTACT: Rick Swanson, P. E. 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1120 East Jackson, PO Box 490 Telephone: 541/488-6002 Medford, OR 97501 Fax: 541/488-5311 TELEPHONE: 541-772-7115 DATE AGREEMENT PREPARED: 09/09/2015 FAX: 541-779-4079 BEGINNING DATE: 09/11/2015 COMPLETION DATE: 10/09/2015 COMPENSATION: Not to exceed $1,500 on a time and materials basis, as per Exhibit C SERVICES TO BE PROVIDED: Perform soil sampling on the North Main Islands, as per Exhibit C 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 rima 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. 11 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, 11&20,000, 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 B jDart:ment Signature 7M Head 12, e Print Name Print Name ~y Title Date W-9 One copy of a W-9 is to be submitted with 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: L (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. X (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. Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING below ALL employers described WAGE comply of Ashland laws regulating payment of a living wage. per hour effective June 30, 2014 (Increases annually every June 30 by the /r® Consumer Pace 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 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland,or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Personal Services, Revised 07/08/2014, Page 5 of 5 ?Y' EXHIBIT C M A RQ L E SS & A S S O C) AT E S I N C P 541-771-7115 F 541779-4079 1120 Er1ST jACKSO~I PO BOX 490 ~~11'D1'01d1), OR X7$01 EMAIL: in!o'?nrurqu(-s.5.con) WEB: w~cw.marquess.c~nn August 20, 2015 Clint Brown Laurie Sager & Associates (clintb @l auriesager.com) RE: PROPOSAL FOR SOIL INVESTIGATION NORTH MAIN ISLAND ASHLAND, OREGON MAI PROPOSAL NO. P15-9148 Dear Mr, Brown: As requested, we have prepared this proposal to perform soil sampling in the North Main Island in Ashland, Oregon. The purpose of the soil sampling is to evaluate the existing soil conditions in view of the future re-landscaping of the island. Rick Swanson would be responsible for performing the fieldwork, performing the analyses, and preparing the soil sampling report. A vitae sheet and list of relevant geotechnical engineering experience for Rick Swanson are enclosed for your evaluation. Scope 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 two exploratory test borings in the island. The borings 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 borings upon completion of digging and restore the site to the City's satisfaction. 2. Simplified laboratory classification testing, via the Unified Soil Classification system routinely used by engineers, of samples obtained from the exploration. We will also bag and deliver samples of the soil materials to your office for your own evaluation purposes. 3. Preparation of summary soils information in a letter. The letter would present all information gathered and developed during the study. 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 II $ 72.00 - 86.00/hr Designer I.................................................$ 63.00 - 73.00/hr Drafter 11 $ 58.00 - 68.00/ltr 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 furnished 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 fur 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, ur in any way related to this cuutraut, 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 tinder this Agreement, and should that dispute result in litigation, it is agreed that the prevailing parry 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. 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. Numerous 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-stoiy 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 reconrrrrendatiuns. - Associated with numerous geologic fault and landslide studies, including geologic evaluations for two hard rock quarries and one exploratory study for underwater quarry. l DATE (MM/DD/YYYY) AcoRL> CERTIFICATE OF LIABILITY INSURANCE 5/21/2015 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). CONTACT PRODUCER NAME: n Michael J Hall & Company P"c°N N E t A No 360-598-3700 Hall & Company E-MAIL 19660 10th Ave NE ADDRESS: Poulsbo WA 98370 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: ravelers Indemnity Company INSURED 2738 INSURER 13 :The Tr velers Indemnity Compan~of 5682 Marquess & Associates Inc INSURERC:RLI INSURANCE COMPANY 3056 P.O. Box 490 INSURER D : Medford OR 97504 INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: 1149791359 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY 6806146N63A /29/2014 /29/2015 EACH OCCURRENCE $1,000,000 _ DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $300,000 CLAIMS-MADE I" - 1 OCCUR 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'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2,000,000 RO_ LOC $ POLICY X P JECT B AUTOMOBILE LIABILITY BA6148N401 /29/2014 /2912015 Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR CUP3196T698 /29/2014 /29/2015 EACH OCCURRENCE $$5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $$5,000,000 DED X RETENTION$10,000 $ WORKERS COMPENSATION V J C STATT- OH- AND EMPLOYERS' LIABILITY Y I N E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISFASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liab: Claims Made RDP0016163 /2612014 126/2015 $1,000,000 Per Claim $1,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 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 ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE Z 7,4,f ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1 DATE (MM/DDfYYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 5/20/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sheryl Wirts Protectors Insurance, LLC PHONE FAX 1 C o Ext 12-2 A/C No P.O. Box 4669 E-MAIL Medford OR 97504 ADDRESS W _ INSURERS AFFORDING COVERAGE NAIC p INSURER A: F Car r 524113 INSURED MARQU-1 INSURER B : Marquess & Associates, Inc INSURERC: PO Box 490 INSURER D : Medford OR 97501 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 664349056 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE EDOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG S POLICY PRO LOG $ AUTOMOBILE LIABILITY Ea accident 5 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE 5 DEO RETENTIONS 5 A WORKERS COMPENSATION 913785 1/1/2015 /1/2016 X O R S L - OTH- AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT 51000000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1000000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 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 ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main 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 Page 1 / 1 1 CITY OF . ASHLAND DATE PO NUMBER 20 E MAIN ST. 11/6/2015 13223 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000575 SHIP TO: Ashland Public Works MARQUESS & ASSOCIATES, INC. (541) 488-5587 1120 E JACKSON 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact. Betsy Harshman Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Perform soil samplinq on N. Main 1,500.00 islands per attached contract. Contract for Personal Services Beqinninq date:-09M-T/2"01-5 Completion date: 10/09/2015 SUBTOTAL 1,500.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1,500.00 ASHLAND, OR 97520 Account Number Project Number Amount Account , umber Project Number Amount E 670.08.15.00.60410 1,500.00 f VENDOR COPY A orized Signature FORM #3 CITY OF , ASHLAND REQUISITION Date of request: 9/18/2015 Required date for delivery: 9/25/2015 Vendor Name Maw is-,S Assnriates Address, City, State, Zip 1120 E. Jackson. PO Box 490. Aor1fnrA nR a7rn1_ Contact Name & Telephone Number Rick Swanson 541-772-7115 Fax Number 541-779-4079 p~I SOURCING METHOD A", , L~~Z'ZlSLt3~ ❑ Exempt from Competitive Bidding >nj ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached Attach co of council communicati ~D ❑ Small Procurement Less than $5.000 ❑ Request for Proposal (Copies on C D C ❑ Direct Award Date approved by Council: ❑ Verbal/Written quote(s) or proposal(s) -(Attach copy of council communicatic 4-a ( j ('7~ ez Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) $5.000 to $100.000 ❑ Written quote or proposal attached ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to Ov PERSONAL SERVICES ❑ Special Procurement $5,000 to $75,000 ❑ Form #9, Request for Approval LP~ ® Less than $35,000, by direct appointment ❑ Written quote or proposal attached ❑ (3) Written proposals/written solicitation Date approved by Council: _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Perform soil sampling on N. Main Islands, per contract. $ 1,500.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached'q"uotelproposal $ Project Number 2015-24 / Account Number 670.08.15.00.604100 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: Department Header- equal to or greaterthar'$5,006) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition