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HomeMy WebLinkAbout2021-132 PO 20220159- Portland Engineering Inc. Wel Purchase Order Fiscal Year 2022 Page 1 of. CITY RECORDER B — dam AL, T IEi e�City of Ashland L ATTN: Accounts Payable 20 E. Main Purchase 20220159 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us i _ F V H C/O Wastwater Treatment Plant EPORTLAND ENGINEERING INC I 1195 Oak Street 7675 HIGH BANKS ROAD STE#1 p Ashland, OR 97520 CENTRAL POINT, OR 97502 Phone: 541/488-5348 O T Fax: 541/552-2364 R O qui6WL117It — = QT C (541) 956-0300 David Gies ��. - - -_-'- - --_---" = _c' 'n_ - ___-2e 0. -e, 10/01/2021 621 FOB ASHLAND IOR City Accounts Pa able On-call SCADA WWTP 1 WWTP on-call SCADA implementation services for the duration 1.0 $75,000.00 $75,000.00 specified in the contract Personal Services Agreement(Greater than $35,000.00) Completion date: June 30, 2023 Project Account: *************** GL SUMMARY*************** 086100-604100 $75,000.00 I' By: Date: /0"--1F- _F Authorize ignature - dei _-_—- $75,000.00 f • • . • . i ' . i • FOI8M#3 �.i I . 0", / - CITY r k• r•', f r,!l r:.. ,.•l t i ,,i ; 1.,,,;.,,:.! : ..r t i , l .E lU1lISHTQOW Date'of request 0911612021 . ', Required date for delivery: 0913012021 Vendor Name . •Portland Engineering,!no , Address,City,State,Zip '7670 High Banks Road,STE 1, Central Point,Or,97602 • Contact Name&Telephone Number. , Jonathan Hall,641-664.6200 . ' Email address Jtiali@portiandengineers.com 1, SOU RC RCM'S METHOD .. . ❑ Exemnt from Competitive Bidding , ❑ Invitation to Bid ❑ Emergency . . ❑ Reason for exemption: __ Date approved by Council: ❑:• Form 1113,Written Iindings and Authorization ❑ AMC 2.60 ._(Attach copy of council communication) 0.Written quote or proposal attached ❑ Written quote or proposal attached ' (If council approval required,attach copy of.CC) ❑ Small Procurement' ❑ Request for Proposal '.. Cooperative Procurement i Not exceeding$5,000 - -Date approved by Council:: 0 Slate of Oregon ' ❑ Direct Award . ._(Allaell copy of council communication) Contract tl 0 VerbaiWrilten,bid(s)orproposal(s) El ReciueetforQualillcatione(Public Works) ❑.State ofWashington Dale approved by Council: ' Contractll , (Attach copy of council communication) • ❑ Other government agency contract Intermediate Procurement 0 Sole Source - Agency • GOODS&SERVICES • 0 Applicable Form(115,6,7 or 0) I _ Contract!' Groater than S5,000 and less than$100.000 ❑ Written quote or proposal attached. intergovernmental Agreement ❑'(3)Written bids'&solicitallon attached El Form I14,Personal Services$5K to$75K Agency - - PERSONAL SERVICES Dale approved by Connell:. 0 Annual cost to City does not exceed$26,000, Greater than$5.000 and less then$75.000 Valid until: (Date) Agreement approved by Legal and approvedlsigned by ❑- Less than$35,000;by direct appointment 0 Sueclal Procurement Cit qy Administrator,AMC 2.50.070(4) . • . I l (3)Written proposals&solicitation attached 0 Form 09,Request for Approval ' IJ Annual cost to City exceeds$25,000,Council • • ❑ Form 114;Personal Services$51<to$761( El Written quote or proposal attached . approval required.(Attach copy of council communication) • i • Dale approved by CoundL j - .. . . ' Valid anti:_ • (Dale) • . Description ofSEfi�ViOilnS I Tota'Cost • • WWTP On Call SCADA Implementation Services for the duration specified in the contract. . ' • . . •• ' V. 1 $,76,me oo' • Item t'' Quantity Unit .Description•of MATIRUALS Unit Price . - :(Total Cost . . '0 Per attached c(uotelproposal ' TOTAL:COST • I 75,DOQ:po Project Number Account Number 0 0 0 1 0 0.s 01 4. 1 0 0 Account Number - Account Number 'Expenditure must ba charged to the oppropriate account numbers for the fnenclals to accurately reflect the actual expenditures. L ITDhoctos'In collaboration with department to aPpiove all hardware and software purchases:. i IT Director . Date Support-Yes/No • 'By signing this rem a tom,I cad' •I I the City's public contracting requirements have been elisged. Employee: /Ge,/,1(( ..J� Department Hen`• I i, ��2 �( ����-`..trialto, i :.t. 4. 100) Department Manager/Supervisor: City.Manager I 11,1401=4 / I , -qualloaremoterlho/25,000) Funds appropriated for current fiscal year: YES/MO. �!/V� `r ��? . FlnanceDirecl.r-(EqualtoorgreateahnnS5,000) Date �I• • Comments: ,Formi13-RequlslUon c , o ''\ ,� TO: Gary Milliman FROM:David Gies Wastewater Supervisor) � (Z4 DATE: 9-28-2021 RE: City Manager Signature Needed for Portland Engineering Contract. Background: Yearly agreementfor on-call services of wastewater treatment plant SCADA System.. Council Action: No action .required of Council. Other Relevant Information: Insurance waived or reduced?No Who to return to if different from sender?N/A Are all other signatures required collected?Yes Are all attachments listed included?Yes , CITY OF ASHLAND r 20 East Main.Street - Tel:541-488-6002 I i,'T \ I Ashland,Oregon 97520 'Fax:541=4885311 i www.ashland.or.us TTY:800-735-2900 rgiti �, PERSONAL SERVICES AGREEMENT(GREATER•THAN$35,000.00) • CONSULTANT:Portland Engineering,Inc CITY OF CONSULTANT'S CONTACT:Jonathan Hall ASHLAND 20 East Main Street ADDRESS: 7576 High Banks Road,Ste 1 Ashland,Oregon 97520 Central Point,Or,97502 Telephone: 541/488-5348 . Fax 541/552-2364 TELEPHONE: 541-664-6200 I `, ( • This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter"City")and Portland Engineering, Inc, a domestic business corporation ("hereinafter "Consultant"), for Wastewater Treatment Plant on call SCADA implementation services NOW THEREFORE,in consideration of the mutual cov nants contained herein,the City and Consultant hereby agree as follows: Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,2023. 2. Scope of Work: Consultant will provide Wastewater Treatment Plant on call SCADA implementation services as more fully set forth in the Consultant's Proposal dated September 14, 2021 which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the"Work." 3. Compensation: City shall pay Consultant the sum of$75000.00(seventy-five thousand dollars)as full compensation for Consultant's performance of all Work under this Agreement In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$75,000.00(seventy-five thousand dollars)without the express,written ' approval from the City official whose signature appears be,rlow,or such official's successor in office. Payments shall be made within thirty(30)days of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work, payments will be made forany phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary .) 'Page I of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OP ASHLAND AND PORTLAND ENGINEERING,INC , , (" , i wherever possible. In the event of a conflict which cannot be so resolved,theprovisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. All Costs Borne by Consultant Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and .materials required for the proper performance of such Work. 6. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform the services to which they will be assigned in a skilled manner and,if required to be registered, licensed,or bonded by the State_of Oregon,are so registered, licensed, or bonded. - 7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 9. Living Wage'Requirements: lithe amount of this Agreement is$22,310A6 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more:of the Work under this Agreement.. Consultant is also required to,post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby,agrees to defend,indemnify,save,and hold City,its officers,employees,and agents harmless from any and all losses,claims,actions;costs, expenses,judgments,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 Agreement by Consultant(including but not limited to,Consultant's employees,agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses,expenses,claims,costs,judgments,or other damages,caused solely by the gross negligence of City. 11. • 'Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both parties. • b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30)days'prior written notice delivered by certified mail or in person. c. For Cause. City may terminate or modify this Agreement,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: , Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND PORTLAND ENGINEERING,INC • I: . \ i l i. If City funding from federal,state,county orother sources is hot 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied;revoked, ` v suspended,or not renewed. d.: For Default or Breach. i. Either City ox Consultant may terminate this Agreementin the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give,to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15). days of the date of the notice,or within such other period as the party giving the notice may authorize in writing,then the Agreement may be terminated at any time 1 thereafter by a written notice of termination byfthe party giving notice. ii. Time is of the essence for Consultant's performance-of each and every obligation and duty under this Agreement. City,by written notice to Consultant of default or breach, may at any time terminate the ,whole or any part of this Agreement if Consultant fails. to provide the Work called for by.this Agreement within the time specified herein or within any extensionthereof iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rightsand remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,:b;c;or d of this section,Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by Cityin the notice of termination.Further,upon termination,Consultant!shall deliver to City all documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Lidependent Contractor Status: Consultant is an independent'contractor and not an employee of the City for any purpose. Consultant shall have the coni plete responsibility for the performance of this Agreement. Consultant shall provide workers'compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work Pursuant to this • Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND PORTLAND ENGINEERING,INC \! • Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. 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 under the 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 typeidentified in its obligations under the Agreement; or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall,at its own expense,maintain 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 i b. Professional Liability insurance with a combined single limit,or the equivalent,of not less than$2,000,000(two million dollars)per occurrence. This is to cover any damages caused by error,omission or negligent acts related to the Work to be provided under.this Agreement. c. General Liability.,insurance with a combined single limit,or the equivalent,of not less than $2,000,000(two million dollars)per occurrence for Bodily Injury,Death,and Property I;I Damage. i d. Automobile.Liability insurance with a combined single limit,or the equivalent,of not less than$1,000,000(one million dollars)for each accident for Bodily Injury and Property Damage,including coverage for,owned,Hued or non-owned vehicles,as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change,reduction of limits orntent not to renew the insurance coverage(s)without thirty(30)days':prior , 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,excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement.The consultant's insurance is primary and non-contributory,As evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companiesor entities aresubject 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 finnncially responsible for all pertinent deductibles,:-self-insured retentions,and/or self-insurance. Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND PORTLAND ENGINEERING,INC 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color, religion,creed,sex,marital status,familial status or domestic partnership,national origin,age, mental or physical disability,sexual orientation,gender identity or source of income,suffer discrimination in'the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations! Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned.business,woman- owned business,a business that a service-disabled veteran owns,or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance with Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: N (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and: ORS Chapters.316, 317,and 318; (ii) Any tax provisions imposed by,a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,charter provisions,f or ordinances that implementor 'enforce anyof the foregoing tax laws or g g P 17.1:2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; : . (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,charter provisions;'or ordinances that implement or enforce any of the foregoing tax laws.or provisions: 18. Notice. Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery,by sending via a reputable i commercial overnight courier,by mailing using registered or certified United States mail,return receipt requested,postage prepaid,or by electronically confirmed at the address or facsimile number set forth below: . If to the City: \ Wastewater Treatment Plant Attn:Dave Gies 1195 Oak Street Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND PORTLAND ENGINEERING,INC ; • 1 J. l ' • ` I Ashland, Oregon 97520 • With a copy to: City of Ashland—Legal Department 20 E.Main Street • Ashland,Oregon 97520 Phone: (541)488-5350 If to Consultant: Portland Engineering,Inc-Jonathan Hall 7576 High Banks Road, Ste 1 Central Point; Oregon 97502 Phone:(541)664-6200 19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State°of Oregon for Jackson County unless 'exclusive jurisdiction is in federal court,in which case exclusive venueshall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue,and expressly consents that,upon motion of the other party,any case may be dismissed,or its venue transferred, as appropriate,so as to effectuate this choice of venue. ' 20. Amendments: This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. No appropriations Clause. Funds Available.and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement 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 Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority,City may terminate this Agreement without penalty or liability to City„effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES.. NQ WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. ' CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND.PORTLAND ENGINEERING,INC ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit. C"and incorporated.herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. ' • CITIAOF SIEILAND: PORTLAND ENGINEERING,INC 4'NA4` (CONSULTANT): A By: • ..at� Gary'Milli"an,Interim City Manager P%o Tern By: Oar{ \ Z1 Signature Date Jonathan Hall Printed Name Controls Engineer_. „/, �� O/ Title Purchase Order No..- G 9-16-2021 Date • (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: r • Assistant City Attorney 09-21-2021 Date • I ' Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND PORTLAND ENGINEERING,INC � t J f. /PP "aif Aft J.. raw;72Jct3C'.E;".f1? .7:r.,c7. LetfuJerr of& genet Portland Engineering Inc.proposes on-call services for the wastewater treatment plant for 24 months from September 2021- June 2023.This proposal includes a service and fee schedule,a list of qualifications for the employees at the Central.Point branch whocan provide services to the Ashland Wastewater Plant,and a list of references.Please note,Jonathan Hall will be the primary contact for assistance for the work lined out in this proposal.Upon notification of an Intent to award this contract, we can provide insurance, tax, and workers compensation forms that prove PEI meets the City of Ashland's minimum integrator/vendor requirements. Service <:> Fee Sabo,elle o System Design o Scope of Work Development o Cost Evaluation and Estimation o Project Management O. Construction Management $150.00/hour o Software Specification,Procurement,Installation o Historian,MES,Data Systems Configuration o Training o HMI Application Development • o PLC Programming o Field Service $140.00/hour o Telephone and Remote Support o Wiring Diagrams o Panel Design o 'Administrative Services $55.00/hour Normal business hours are Monday through Friday,8:00 am to 5:00 pm.Service and travel time outside of normal business hours will be billed at 1.5 times the above fees.Service and travel time on Sunday and Holidays will be billed at 2 times the above fees:Urgent unscheduled Field Service is a$500 minimum charge. Travel time will be billed from the location of the dispatched engineer with an additional mileage charge of$0.75/mile.Travel expenses will be billed at cost with a minimum charge of$165.00 per night. Short-term hardware and equipment rentals are available. Rental duration and fees are negotiated on a project-by-project basis and at the sole discretion of PEI. Terms-Net 30 days.All applicable state and local tax fees apply. PEI Holidays: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, Day after Thanksgiving,Christmas Day. In Portland,OR at 2020 SE 7"Ave.Suite 200 Portland OR 97214 Tel:(503)255-7718 Fax:(503)256.7679 Web:w wr.podlandeneineers.com In Central Point.OR at 7675 High Banks Road Suite 1 Central Paint OR 97502 Tel:(541)664-6200 Fax:(541)664-9094 Email:intoeoortlandeneineers:com General Contractors License#135739 Washington Contractors License PORTLEI9200Z Revision 201604.06 This document Is the exclusive property of Portland Engineering,Inc.and contains Information that Is confidential and privileged.Any dissemination,distribution or copying of this document is prohibited without written permission. .. . Portland Engineering,Inc.-Statement of Qualifications-City of Ashland-Miscellaneous SCADA Implementation 1 of 3 i . ' 1 I EXHIBIT_B mmumrnmr9iimrwrewlim..m.. (, -f,ill\,7 ((e;)f /'",\5, 1 fail ,1 fill I L ! V : ,_, , .� ' �`� , , tALL•employersidescribed \ 7 � ft '`( ,'' , ,below'must.comply.with Oity i , ;ofAshland-laws regulating• sa.,mentof'a living wane. ;$1,15..26 pea hoar, effective Jvine 309 20211. l '{ ;` I The Living Wage us,acilansted mireeunn illtly even Cat ., Janne 30 by the C®aDmamevrer Price ilnedex. , , .Employees must be paid a ! portion of business of their F 401KandIRSeligible liming;wage: 1 employer,if the employer has cafeteria plans(including i - ten or more employees,and, childcare)benefits to the 1 has received financial 1 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 1 9 Note: For temporary and employer and the City of $22,310.46. i part-time employees,the Ashland if-the contract 1 Living Wage does nota l exceeds$22,310:46 or more. apply > If their employer is the City of �.to the first 1040 hours worked Ashland,including the Parks in any calendar year. For D For all hours worked in a • and Recreation Department more details,please see month if the employee spends Ashland Municipal Code 50%or more of the F In calculating the living wage, Section 3.12:020. employee's time in that month employers may add the value , working on a project or of health care,retirement, 1 i For additional,:information: i Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,20 East Main Street,Ashland, Oregon 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. T Y OF S ? LAN ilk) • • 1 . Page 1 of 1: EXHIBIT B . - • • F • E HT.0 CERTIFICATIONS/REPRESENTATIONS: Consultant,'by and through its authorized representative,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)Consultant is note 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. Consultant further represents and warrants to City that (a)it has the power and authority,to enter into this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall be performed in accordance with the highest professional standards,and(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an independent contractor as defined in the Agreement,it is authorized to s do business in the State of Oregon,and Consultant has checked four or more of the following criteria that apply to its business. V • (l)Consultant carries out the work or services at a location separate from a private residence or is in a specific portion of a private 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. —V— (5)Labor or services are performed for two or more different persons within a period of one year. V (6)Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced bythe ownership of performance bonds, warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. Consultant's signature 9-16-2021 Date Page 1 of 1: EXHIB1T C • • 1 0 DATE(MWDD/YYYY) AC-CPR/EP CERTIFICATE OF LIABILITY INSURANCE • 7/1/2021. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERSI 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. ' I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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). • PRODUCERNAME: -Mary-Beth Woomer - Ward Insurance Agency,Inc. PHONE ' FAX P.O.Box 10167 (A/c.No.Ext):541-687-1117 tam,No):541-342-8280 Eugene'OR 97440-2167 ADDRESS: maty-beth@wardinsurance.net ' INSURER(S)AFFORDING COVERAGE NAICrI . . _ .. INSURER A:Cincinnati Specialty Underwriters Insurance Compan 13037 INSURED PORTENGA7 INSURER B:CIncinnati Insurance Company 10677 Portland Engineering,Inc. i - 7675 High Banks Rd.,Unit 1 INSURER C:Commerce and Industry Insurance.Company 19410 Central Point OR 97502-9521 INSURERD:Continental Casualty . ' 20443. INSURER E: I I 1 • INSURER F:- - • - COVERAGES . - CERTIFICATE NUMBER:2096542155 . 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 POUCIES-DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. F INSR TYPE OF . -KODL S1)'BR - - POYYCY EFF POLICY EXP LTR INSDI WVD .-POLICY NUMBER ILI (MMIDDIYY) (MMIDD/YYYY) - LIMITS A X COMMERCIAL GENERAL LWBILI Y Y Y CSU 0039055 7/1/20211 7/1/2022 EACH OCCURRENCE :5:1,000,000 DAMAGE TO RENTED• CLAIMS-MADE n OCCUR - PREMISES(Ea occurrence) $500,000_ MED EXP(Any one person) S 0 •.' • • PERSONAL BADV INJURY 51.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: ' GENERAL AGGREGATE52,000,000 POLICY I X jECT LOC • PRODUCTS-COMP/OP AGG-_$2,000,000 OTHER: .. 5. B AUTOMOBILE LIABILITY Y Y ENP 0148589. 7/1/2021 7/1/2022 COMBINEDSINGLE LIMIT 51,000,000 . {Ea ecGdenO ANY AUTO BODILY INJURY(Per person) S • OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _,AUTOS ONLY (Per accident) I S. C ' UMBRELLA UAB X" OCCUR 13E023118508 7/1/20211 7/1/2022 EACH OCCURRENCE 55,000,000 X' EXCESSLIAB CLAIMS-MADE ' AGGREGATE 55,000,000 ' I DED RETENTIONS • 5. ' WORKERS COMPENSATION - OTH- AND EMPLOYERS'LWBIUTY y/N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTNE (�'� N r A • EL• EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? I I (Mandatory In NH) • E.L DISEASE-EA EMPLOYEE S • ' If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT 5 D Professional Uabliny MCH288379629 • 7/1/2021 7/1/2022 Unlit$3,000,009 Ded:$5,000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES'(ACORD 101,Additional Remarks Schedule,may be attached Ir more space Is required) Certificate holder and all entities required by written contract are included as additional insureds On a primary and non-contributory basis with waiver of subrogation with respects to the general liability including completed'operations and auto liability as required by written contract per attached endorsements. Subject to policy limits,terms;conditions and exclusions. I UBI#601859858 i CERTIFICATE HOLDER . . . ._ CANCELLATION . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • / THE EXPIRATION DATE THEREOF, NOTICE WILL BE 'DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland , ' 20 E Main St Ashland OR 97520 • AUTHORIZED REPRESENTATIVE " I. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD'26(2016103) The ACORD name and logo are registered marks of ACORD 1 I . COMMERCIAL:GENERAL LIABILITY 4.. 'Bodily injury","property damage"or"per- D. With respect to.the insurance afforded to CSGA 437 12 13 sinal and advertising Injury'for which the these additional insureds, SECTION IV - • Named Insured'is afforded no coverage, COMMERCIAL-GENERAL LIABIUTY CON- under this policy ol.Insurance. DITiONS,4.Other Insurance is amended to • THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. C. With respect to the Insurance afforded to Include: these additional insureds,SECTION III-LIM- Any coverage,provided herein will be excess ADDITIONAL INSURED OWNERS;LESSEES OR ITS OF INSURANCE is amended to include: •over any other valid and Collectible insurance available-to the additional insured whether CONTRACTORS-AUTOMATIC STATUS'WHEN The limits app5cabb to the additional insuredare thosespecified in the written,contract or primary,excess,contingent or on any other r in the f)edaratims of this Cov- erage basis unless you have agreed in a written con-- REQUIRED IN.CONSTRUCTION AGREEMENT WITH YOU- erege agreementt orwhichever the, is less If no lith ls.are tract or written agreement executed prior to • any loss that this insurance will be primary. OPERATIONS AND COMPLETED OPERATIONS specified In the written contract or agreentent, This insurances will be noncontributory only if the limits applicable to the additional insured are those specified in the Declarations of this youwrithave eso agreed-in ta written contractanloss This endorsement modifies Insurance provided under me following: Coverage Part.The limits of insurance are In- and en coverage executed priortbtoe any lass and this coveregels determined to be primary. ctusive of and not in addition to the limits of In- • • surance shown in the Declarations. • COMMERCIAL GENERAL UABILiiY COVERAGE PART . . A. SECTION U -,WHO IS AN INSURED is 2. If coverage provided to the additional ln- amended to include as an addtionai InsuredIfc is required. any person or organization when you and such qu baa contract or agree- • persm.or organization have agreed in writing' ment,the insurance afforded to such ad- in a contract or agreement that such person or dilional insured will not be broader than organization be added as an additional insured that which'you are required by the con- on your policy,but only with respect to'bodily tract or agreement to provide for such ad- • Injury',"property damage"or"personal and ditlenel!Insured. advertising'injury"caused,ln.whole or In part.. B. With respect to.the insurance afforded to by' . these'additional insureds,the following addi- 1. Your acts Or omismions in the perform- Ilona!exclusions apply: ance of your ongoing operations for the This insurance does not apply to. - additlonal Insured; . 1. 'Bodily lnjury","property damage"or°per • - 2. The acts or omissions of those acting on sinal and advertising Injury°arising out of - your behalf In the performance of your the rendering of,or-the failure to render, - ongoing operations for,the additional In- any professional archltettival,engineer- cured;or ing or surveying sevices,Including: . 3. 'Your work'performed for the additional a. The preparing,epproving,'orfaling to - • - Insured and included in.the 'products- prepare or approve, maps,' shop • completed operations hazard". drawings,opinions,:reports,surveys, • 'If not specified:otherwise in the written con- field orders,change orders or draw- . tract or agreement,a person's or organize- ings and specifications;or • --lion's status as an additional insured under this 'b; Supervisory,Inspection,architectural endorsement ends one year after your opera- or engineering activities. • tions for that'additimcompleted.al Insured are . The written contract_or agreement must be -2. Bodily injury"or"property damage"arts. -- - currently in effect or become effective during- - ing out of'pour work'for which a consoil- - -- the term of this Coverage Part.The contract or dated(wrap-up)Insurance program has • •agreement must be executed-prior to the"bod- been provided by the 'prime contrac- - . fly Injury','property damage".or"personal and for/project manager or owner of the con- advertising Injury'to which this endorsement structim project In which you are involved. . pertains 3. 'Bodily injury",'property damage"or"per- However: sinal.and advertising Injury'.to any em- ployee of you or to any obligation of the 1. Tho insurance afforded to such additional additional insured to Indemnity another insured only applies to the extent permit- because of damages arising out of such • ted.by ler and Injury• . Includes copydgMed material of ISO Includes copyrighted material of ISO ' CSGA4371213 Properties, na,with its permission. Page 1 of 2 CSGA4371213 Properties,Inc:,with its permission. Page 2 of 2 • I , • i COMMERCIAL GENERAL LIABILITY CSGA 4087 1212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WADVIER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . OER CONTRACT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART • The following is added to Paragraph.8.Transfer of Rights of Recovery Against Others to Us of SECTION IV-CONDITIONS: If you have agreed, in a written contract or agreement,to:provide a waiver of any right of recovery against a person or organization, we will waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or' 'our work"done undera contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to that person or organization for which you have agreed to in a written contract to provide said waiver. I' • 1 ', 1F - I i - I I ._ Includes copyrighted material of Insurance CSGA 4087 12 12 Services Office,Inc.,with its permission. Page 1 of 1 r • • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITION I\L INSURED BY CONTRACT Thls endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07/01/2021 EBA 014 85 89 Named Insured: PORTLAND ENGINEERING INC • Countersigned by: (Authorized.Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 'SECTION II - LIABILITY COVERAGE, A. Cover- age,I.Who is an Insured is amended to include, as an insured any person or organization with whichyou have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury°or"property damage". J t AA 4171 1105 THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT CAREFULLY. PRIMARY AND NIONCONT Ii=UTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM j This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. (, f Endorsement Effective: - Policy Number: 07/01/2021 EBA 014 85 89 Named Insured: PORTLAND ENGINEERING INC Countersigned by:. . a _ (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. • 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- I TIONS, B. General Conditions, 5.Other In- surance f, is replaced by the following: II c. Regardless of the provisions of Para- graph a. above,this Coverage Form's Li- ability Coverage is primary and we will . not seek contribution from any other in- surance for any liability assumed under an"insured contract"that requires liability to be assumed on a primary noncon- tributory basis. I • I ; AA 4174 11 05 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION m AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the Inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07/01/2021 EBA 014 85 89 _ Named Insured: r ' PORTLAND ENGINEERING INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation payments we make for"bodily injury"or"prop- SECTION IV - BUSINESS AUTO"CONDI- erty damage"arising out of the operation of a . covered"auto"o" ily n you have assumed l TIONS, A. Loss Conditions, 5. Transfer of ity for such bodily injury"or"property damage" Rights of Recovery Against Others to Us is under an"insured contract'; provided the"bod- amended by the addition of the following: : ily injury"or"property damage" occurs subse- We waive any right of recovery we may have quent to the execution of the 'Insured con- against any person or organization because of tract". AA 4172 09 09 S www.saif,com • " `\ t; '. M Work. Life. Oregon. • Oregon Workers' Compensation Certificate of Insurance Certificate holder: CITY OF ASHLAND 20 EAST MAIN STREET ASHLAND,OR 97520 I • • The policy of insurance listed below has been Issued to the insured named.below for the policy period indicated.The Insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time!. Insured Producer/contact Portland Engineering Inc Elliott Powell Baden&Baker 7675 High Banks Rd Ste 1 Elliott Powell Baden&Baker Central Point,Or 97502-9521 503.227.1771 • Issued 08/19/2021 Limits of liability . Policy 959635 Bodily Injury by Accident $2,000,000 each accident Period 07/01/2021 to 07/01/2022 Bodily Injury by Disease _$2,000,000 each employee Body Injury by Disease $2,000,000 policy limit Description of operations/locations/special items I Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative Chip Terhune President and CEO • ' I • I � • 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.584.9812 PohcyCLCA Certlficate0flnsurance