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HomeMy WebLinkAbout2020-077 PO 20200313- Portland Engineering Inc �;i T ,Purchase Order FiscalY RECORDER Year 2020 Page: 1 of: 1 -61 City of Ashland L ATTN:Accounts Payable Purchase L .20 E. Main 20200313 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Wastwater Treatment Plant E PORTLAND ENGINEERING INC I 1195 Oak Street N 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 ---�-ate �{Yc NAIO,_ (541) 956-0300 David Gies — — _ — �#xL�JISuEa,.,,,,cQH,. � 01/24/2020 621 FOB ASHLAND OR Ci Accounts Payable WWTP Windows 10 Upgrade - 1 Windows 10 upgrade for WWTP ( 1 $23,035.0000 $23,035.00 SCADA System (4 Machines) Personal Services Agreement(less than $25,000.00) Completion date: 04/30/2020 • Project Account: ***************GL SUMMARY*************** I 086100-604100 $23,035.00 By: ( ..I P.� • Date: i Jam jP-0 Authorized Signa urea_=I _ $23,035.00 FORM ; 3 O/ f--/((( e . • ASHLAND Date of request • /sgit3 ' Vendor Name / o�/�f L s /Address:Cil,State,Zip Contact Name 'telephone Number , Email address a I. .„ion % Joni IIS Exam,t from Com,-etitive Biddin; 0 60 Invitation to Bid 0 Emereency ❑ Reason for exem tion: ❑ AMC 2.50 ,6va Date approved by Council 211 .T® ` 0 Fara#13,Written findings and Authorization Written note or aro osal attached ,a (Attach copy of council communication) ❑ Written quote or proposal attached ❑ Small Procurement If council a,'royal re fired,attach co of CC Not exceeding S5 000 ❑ Request for Proposal Cooperative Procurement ❑ Di•e ediaard Date approved by Council: ❑ State of Oregon ❑ Verbal/Written quote(s)or proposal(s) (Attach— copy of council communication) Contract# Intermediate Procurement C ❑ Re rest for otuns Public Worksi 0 State of Washington GOODS SERVICES Date approved by Conned:uncil: Contract# Greater than$5 000 and less than S100 000 (Attach copy of council communication) 0 Othergovemment agency contract U (3)Written quotes and solicitation attached ❑ 'ole Source Agency o (3)NAL SERVICES 0 Applicable Form(45,6,7 or&) Contract# Greafier than S5 000 and fess than 575.000 0 Written quote or proposal attached Form Intergovemmental Agreement • ❑Direct appo5 000 a not less than $35,000 0 RIM)#4, Personal Services>' Agency$SK&�$75K 0(3)Written proposals/written solicitation ❑ Special Procurement AD,Annual cost to Ctiy does not exceed$25,000. ❑Form#4,Personal Services>$51( 475K ❑ Form#9.Request for Approval Agreementapproved AMC2.50.070(4)l and approved/signed by ❑ Written quote or proposal attached City Administrator. C Date approved by Council: 0 Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) at'escvggiiam of SERVIiCES p/A1z0Gt-Is `' eJ /nee ;0/t 41 ii �� Tata Cost !item 4 Quantity Uaaiiti Descetifibra eek giig.UTE g / Unit Ipsiice Ti'aattCost •�ofai S /0 NS-71/ _ ❑ A are ttached quote/proposal E7 ;7r,zEsrLa cheated to Gra e!JrfG r.'aie ecc ? o.mt motor for ,r manctals to r:iaw`The actual �•= .':f+=i:dliilr2$e'SCei2ly. -- • 0�3, 41_5.-.5"`" bv�...r: :FJ 5— — —• PACL all•:. e..w J:&? itT _ .... ,,,,.W.!�r^u rile:'�i .-, >t Y_' : if ^: ,..a..-, :r °�'4 =3? 5 ��r't�W ? ' 51-i�? '�i 'Y?C:"v:i: a By signing this regal „n form,ice that thesonalpublic contractingrequirements have been satisfied_ IT Jl,evecr Dae L ,,re;;_ es I Plc /Employee: ifs ��. Department Head: i ../. ZI-J4ici Z.4.2 RD IdLarDepartment Manager/Supervisor: {Eq ,renter, an 000) City �Adminisfratdr: d� -•�.► �•4..4_ fftg:Ifi F, _ _ `%� � (Equal to or. -ater. ana-0• 0 (',fir-,r en/s ,/ r n ;rs irn •;;r l ,1.io lrrraar2rff•• ---.- J Dat. Form#3-Requisition y 1 PERSONAL:SERVICES AGREEMENT.(less than $25,0.00.00) • CONSULTANT: Portland Engineering Inc: . C t T Y. :0.F :`: :CONSULTANT'S:CONTACT;: Briant Walton - IS.HLAN D . . . ADDRESS: 7675 Hig g h Banks Rd. #1 • 20 East Main Street A .� � •. • . ... :. Ashland, Oregon 97520l P • � • :. Centra • oint, OR 97501 Telephone:..541/4 .8-5587 Faxi 541/488-6006 TELEPHONE: 541.t064'-6200 EMAIL: :-bwalton@portlandengineers.com This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the:City of Ashland, anOregon municipal:corporation(hereinafter"City") and Portland Engineering Inc., a domestic - . : professional corporation ("hereinafter"Consultant") =for Windows 10 upgrade for the Wastewater Treatment: : : : Plant SCADA system(4 machines): • NOW THEREFORE,in:consideration of the mutual covenants contained herein,the City:and : . Consultant hereby agree as follows: • 1. : 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. pecifcally 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 April 30; 2020.. 2. Scope of Work:. Consultant will provide;Windows 10 upgrade for the Wastewater Treatment;Plant SCADA system(4 machines) as more fully set forth:in the Consultant's:Proposal dated 01/21/2020, • which is attached hereto as "Exhibit A" and incorporated herein by this reference: Consultant's.services are collectively referred to herein as the"Work." 3. : Supporting'Documents/Conflicting Provisions: This Agreement and:any exhibits or other supporting: . : : documents shall be construed to be:mutually'coniplementary, and supplementary wherever possible: In : the event of a conflict which cannot be so resolved,,the provisions of this Agreement itself shall control. over any conflicting provisions in any of the:exhibits or supporting documents. 4. .: 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. 5. Qualified Work: Consultant has represented, and by:entering into this Agreement now represents;_that all personnel assigned to the Work to be performedunder this Agreement 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:::: • Page 1 of 6: Personal Services Agreement with:Portland Engineering Inc.. • 1.16. Compensation: City shall pay Provider for its Work at the hourly rates as set forth in Exhibit "A", (Ashland Wastewater Treatment Plant 2019-2021 Service Proposal), which is attached hereto and incorporated herein by this reference,as full compensation for Provider'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 $23,035.00 (twenty-three thousand thirty-five dollars) without the express, written approval from the City official whose signature appears below, 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 for any phase of the Work completed and accepted as of the date of termination. 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: If the amount of this Agreement is $21,507.75 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, subrogations, actions, costs,judgments, or other damages, caused solely by the 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: 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 Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Page 2 of 6: Personal Services Agreement with Portland Engineering Inc. 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, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in 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 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 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 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 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 City in the notice of termination. Further, upon termination, Consultant shall deliver to City all Agreement 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. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete 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 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 type identified Page 3 of 6: Personal Services Agreement with Portland Engineering Inc. 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 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 Damage. 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,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 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 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. 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: (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 Page 4 of 6: Personal Services Agreement with Portland Engineering Inc. (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 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. Governing Law; Jurisdiction; Venue: This Agreement 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 the Consultant that arises from or relates to this Agreement 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 its signature hereon of its authorized representative,hereby consents to the in personam jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE. UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO 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 ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations 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. Page 5 of 6: Personal Services Agreement with Portland Engineering Inc. 22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated herein by this reference. CITY OF ASHLAND: PORTLAND ENGINEERING INC. (CONSULTANT): / By: By: / Signature Po/3 LI G t:✓a,w S DI zecro /°•gut q C. teno,J J e -CT r.(_ICf Printed Name Printed Name 2? `Zo 7.a P r.e<i o e arch Date Title / iI 2-0 Date Purchase Order No. /c6_ (W-9 is to be submitted with this signed Agreement) Page 6 of 6: Personal Services Agreement with Portland Engineering Inc. Exhibit A ,k/.\\ scog-mir7-` At"ago 7675 High Banks Road,Suite 1 Central Point,OR 97502 Engin eg rrl c. Telephone:(541)664-6200 Fax:(541)664-9094 Tuesday,January 21,2020 David Gies Wastewater and Water Re-Use Supervisor City of Ashland Public Works RE: Upgrading to Windows 10 Dear Mr. Gies, Per your request Portland Engineering,Inc. (PEI)is pleased to provide the following quote for the Wonderware to Windows 10 upgrade. Upgrade all Licenses,including Historian to version 2017 Special Modernization Promotional Pricing Mainstream Support until 11/13/2020 • Extended Support until 11/13/2022 Includes mandatory 2-years of support, which would allow a no-cost upgrade to the next version whenever requested. Transfer License for Win911, 1 seat(Additional seats @$110 ea) Windows 10 Pro,4 seats Microsoft Office Home&Business(32-bit version),4 seats 8 GB Memory Module(Recommended),4 seats Total-$18,175 Time—32hours @$135/hr-$4320 Grand Total: $23,035 The proposed work will be completed within three weeks after purchase of the licenses and receipt of the job has been awarded to Portland Engineering. It has been a pleasure providing you with this quote and we hope that we can be of service to you. If there are any questions or comments,please feel free to contact this office at your convenience. Sincerely, Briant Walton Portland Engineering,Inc. This Proposal is Valid for 45 Days. Page 1 of 1 oad,Suite 1 Central Point,OR 97502 .. 7675 High R "E r1E;in,aerl�� rn c'. .. Teleph�onee (54 4 1)66 -6200 Fax:(541)664:9094 Tuesday, January David Gies Wastewater and Water Re-Use Supervisor City of Ashland Public Works, : : :RE: Upgrading to Windows 10 Dear Mf. Gies, : .. Per your request Portland Engineering,Inc. (PEI)is pleased to provide the following quote for the Wonderware to Windows 10 upgrade. : : .. Upgrade all Licenses,including Historian to versiori2017. Special Modernization;Promotional Pricing Mainstream Support.until 11/13/2020 . Extended Support until 11/13/2022 • r Includes mandatory 2-years.of support,which would allow a no-cost upgrade to the next version whenever.requested. Transfer License.for:Win911,1 seat.(Additional seats @$110 ea) • • Windows 10`Pro,4:seats Microsoft Office Home:&Business(32-bit version),4 seats.: .: 8 GB Memory Module(Recominended),14 seats :.Total-$18,175 Time=32hours @$135/hr-.$4320 Grand Total::$23;035 The proposed work will be completed within three weeks after purchase of the licenses and receipt • of the job has'been awarded to Portland:Engineering: : •.... • . • .. It hasbeen a pleasure.providing you with this quote and we hope that we can be of service to you. .: If there are any questions or comments,:please feel free to.contact this office at your convenience.: Sincerely;.: : : .. Briant Walton:. ... .: : . Portland Engineering; Inc. This Proposal is Valid for•45 Days. Page 1 of 1 • EXHIBIT B CITY OF ASHLAND, OREGON City of s an. . LIVING EALL employers described WAG .• . below must comply with City of Ashland laws regulating •a ment of a livin. wa.e. :`. •, $15.39 per hour, ,effective June 30, .2019. �" The Loving Wage is adjusted annually every /r. • :June 30 by the„ConsumerPrice Index. Employees must be paid a portion ofbusiness of their 401K and IRS eligible.: cafeteria.plans(including living wage: employer, if theemployer:has p (' g::: 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 theirt Ashlandin excess of ➢ Note: For temporary and • • employer and the City of $21,507:75. :: part-time employees,the Ashland if the contract.. Living Wage does not apply :exceeds$21,507:75or more. ➢ If their employer is;the City of to.the first 1040 hours worked. Ashland,-including the Parks in any calendar year. For ➢ 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 • ➢ In calculating the living wage, Section 3.12.020. employee's time in that month I . . r employersmay add the value 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 Page 1 of 1 EXHIBIT B EXHIBIT C 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 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. 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 do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. (1) 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. (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 by the ownership of-performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. /4 Consu, n ' signature i/A /2-0 Date • Page 1 of I EXHIBIT C If• A`R o® CERTIFICATE OF LIABILITY INSURANCE DATE(MMID 99) 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(les)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). PRODUCER CONTACT Ward Insurance Agency Inc. PHONE Lynn Wray. FAX PO Box 10167 ram.No.Ext):541-687-1117 • (ac,No):541-342-8280' Eugene OR 97440 ADDRRss: iynn@wardinsurance.net INSURER(S)AFFORDING COVERAGE NAIC S INSURERA:Cincinnati Specialty Underwriters Insurance Compan 13037 INSURED PORTENG-01 INSURER B:Cincinnati Insurance Company 10677 Portland Engineering Inc 7675 High Banks Rd Ste 1 INSURER O:Commerce and Industry Insurance Company 19410 Central Point OR 97502 INSURER o:Continental Casualty 20443 INSURER E: INSURER F: .. COVERAGES CERTIFICATE NUMBER:1321204242 _ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE'INSURED NAMED'ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AWL SUER POLICY EFF POLICY EXP WLIMITS LTRINSR VD, POLICY NUMBER (MM/DDIYYYY) IMMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y .Y CSU0039055 7/1/2019 7/1/2020 EACH OCCURRENCE $1,000,000 AMAGE TO REED CLAIMS-MADE n OCCUR PREM SES Ea occurrence) $100,000 MED EXP(Any one person) $'Excluded PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY n JP LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y ENP 0148589 7/1/2019 7/1/2020 CEaOMBINEaccideD nt)SINGLE LIMIT $1,000,000 ( ANY AUTO BODILY INJURY(Per person) $ OWNED ^SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) C UMBRELLA LIAB X OCCUR EBU021332420 7/1/2019 7/1/2020 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTIONS S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Liability MCH288379629 7/1/2019 7/1/2020 Umit$3,000,000 Ded:$5,000 Professional Liability Limit$3,000,000 Ded:$5,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Certificate holder and all entities required by written contract are included as additional insureds with waiver of subrogation as 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. UBI#601859858 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 AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD J • COMMERCIAL GENERAL UABILf Y available to the additional inured whether This insurance will be noncontributory only if CSGA4031 0612 primary,excess,contingent or on any other you have so agreed in a written contract or basis unless you have agreed in a written con- written•agreement executed prior to any loss tract or written agreement executed prior to and this coverage,is determined to be primary. THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ iT CAREFULLY. any loss that this Insurance will be primary. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU- OPERATIONS AND COMPLETED OPERATIONS(LIMITED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is b. Supervisory,inspection,architectural amended to include as an additional insured or engineering activities. anyperson or organization when you and such 2. -Bodily Injury or'property damage"rut- in a co tr cotor agreementgen have agreed in conn oring out of"your work"for which a mnsoli- or a mnVan a addsdasanthatdudt additional Ins urd dated(wrap-up)Insurance program has on yourye onl too theatethat ttheetl been provided by the prime contractor/ on your policy,but only we k"dr performed the or project manager or owner of the mnstruc- th tty is causedeinsured by"your do only for lion project in which you are involved. that additional and to the extent that such liability is caused byyour negligence, 3. 'Bodily injury,"property damage"or"per- acts or omissions or the negligence,acts or sonal and advertising injury"to any em- omissions of those acting on your behalf. ployee of you or to any obligation of the If not specified otherwise In the written ten- additional Insured to Indemnity another tract or agreement,a person's or organiza- tion's because of damages arising out of such status as an additional insured under this injury• endorsement ends one year after your opera- 4. "Boolly Injury',"property damage'or"per- tiers for per- tiiersfor that additional insured are completed sonar and advertising injury"for which the The written contract-or agreement must be Named insured is afforded no coverage currently in effect or become effective during under this policy of insurance. be term bulls Coverage Part-The contract or agreement must be executed prior to the"bad- C. With respect to the insurance afforded to ily injury',"property damage'or'personal and these additional insureds,SECTION III-LIM- advertising injury'to which this endorsement ITS OF INSURANCE is amended to include: pertains. The limits applicable to the additional.Insured B. With respect to the Insurance afforded to the- are those specified in the written contract or se additional Insureds,the following additional agreement or in the Declarations of this Coy- .exdusions apply: erage Part,whichever Is less.If no limits are This insurance does not apply to: specified in the written contract or agreement. P the limits applicable to the additional insred 1. "Bodily Injury','property damage"or'per- aro those opacified in the Declarations of this sonal and advertising injury'arising out of Coverage Part.The limits of insurance are in- the rendering of,or the failure to render, elusive of and not in addition to the limits of in- • any professional architectural, engineer- strange shown In the Declarations. Ing or surveying services,inducing: D. With respect to the insurance afforded to the- a. The preparing,approving,or failing to se additional insureds,SECTION IV-COM- prepare or approve. maps. shop MERCIAL GENERAL LIABILITY CONDI- drawings,opinions,reports,surveys, TIONS,4.Other Insurance Is amended to In- field orders,change orders or draw- elude: ings and specifications;or Any coverage provided herein will be excess over any other valid and cellecdble Insurance Incudes copyrighted material of Insurance Indudes copyrighted material of Insurance CSGA4031 0012 services Office,Inc.,with its permission. Page 1 of 2 CSGA 4031 OS 12 services Office,Inc.,with its permission. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CSGA 4087 12 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - PER'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'your work"done under a 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. Includes copyrighted material of Insurance CSOA 4087 12 12 Services Office, Inc.,with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This 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: 07-01-2019 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 which you 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". AA 4171 11 05 T • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - 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: 07-01-2019 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. 1. Blanket Waiver of Subrogation payments we make for"bodily injury'or"prop- ertySECTION IV - BUSINESS AUTO CONDI- damage" arising out of the operation of a covered "auto"when you have assumed liabil- 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 personor organization because of tract". AA 4172 09 09 , THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE 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: 07-01-2019 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. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance is replaced by the following: 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. AA41741105 Y www.saif.com Oregon Workers' Compensation Work. Certificate of Insurance Sal Oregon. Mail to: Certificate holder: PORTLAND ENGINEERING INC CITY OF ASHLAND 7675 HIGH BANKS RD STE 1 20 EAST MAIN STREET CENTRAL POINT,OR 97502-9521 ASHLAND,OR 97520 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 10/03/2019 Limits of liability Policy 959635 Bodily Injury by Accident $2,000,000 each accident Period 07/01/2019 to 07/01/2020 Bodily Injury by Disease $2,000,000 each employee Body Injury by Disease $2,000,000 policy limit Description of operations/locations/special items 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 r v Kerry Barnett President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 F:503.584.9812 PnOry f t CIA radttiralanllnewnnrn