HomeMy WebLinkAbout2011-087 Contract - Marquess
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Contract for PERSONAL SERVICES
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Marquess and Associates, Inc.
CONTACT: Robert S. Gunter, PE
ADDRESS: PO Box 490, Medford, OR 97501
TELEPHONE: 541-772-7115
DATE AGREEMENT PREPARED: 5/23/11 FAX: 541-779-4079
BEGINNING DATE: See additional terms
below COMPLETION DATE: 12/31/11
COMPENSATION: Not to Exceed $23,600.00, see attached Exhibit C .
SERVICES TO BE PROVIDED: Complete the remaining preliminary engineering and construction engineering
services necessa to com lete the Schofield/Monte Vista LID Pro'eel No. 2005-08.
ADDITIONAL TERMS: This work was originally authorized under purchase order no. 6683 which was
requested on 3/10/06. The original contract for the work was for $25,242.82. This project has been delayed
for several years due to a lawsuit and budgeting shortfalls and the original contract has expired. This contract
is a continuation of the ori inal contract.
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, 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 servic.es; (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. Consultant shall have no liability for any claims, suits, actions, judgments, losses, costs, expenses or damages
resulting from City's reuse or misuse of Consultant's work products on other projects or in connection with making
additions to the Project if Consultant is not retained in connection therewith.
7. Statutory Requirements: When applicable ORS 279B.220, 279 8.225, 279B.230, 279B.235, ORS Chapter 244,
ORS 670.600, 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract as though these
provisions were set forth in full herein.
8. living Wage Requirements: If the amount of this contract is $18,703 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 predominantiy 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
in'u to an erson includin in'u resultin in death, or dama e includin loss or destruction to ro e ,of'
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"whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited .to, Consultant's employees, agents, and others designated by Consultant to perform work or services
'attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Citv'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 deiivery 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;
il. 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
iil. 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.
il. 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.
iil. 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. Obliqation/Liabilitv 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, cor 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,
Consuitant shall deliver to City all contract'documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liabilitv 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 Liabilitv insurance with a combined sinale limit, or the eouivalent, of not less than Enter one:
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$200,000, $500,000, $1.000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
. Damage. It shall include contractual liability coverage for the indemnity provided under this contract.
d. Automobile Liabiiitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as appiicable.
e. Notice of cancellation or chance. There shall be no cancellation, material cha'nge, reduction of limits or
intent not to renew the insurance cbverage(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 Consuitant 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 SHAt.L
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 sian the certification attached hereto as Exhibit A and herein incoroorated bv reference.
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By . 'Lt2 C.
Signature
K'ORGI'ZT .:;. ~"..J-.r;'1l..
Print Name
City of Ashland
(.,-2-11
Date
CONTRACT AWARD AND FINDINGS DETERMINED BY:
By ~rq~
City Department Head
\Y\\~~./ e +=A~k+
Print Name
Co (7!1(
Date
V'CE PI2l?:>;QF.",) 'r-
Title
Approved as to form by Lega~
Date .
FederallD# q~- D5~c;(p44
Account #
(For City purposes only)
/t?~/'6
'Completed W9 form must be submitted with contract
Purchase Order No.
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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 (Hi) 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:
/
/
/./
v'"
t/
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I 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.
/:to CA-9
Contractor
~ -2- J (
(Date)
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EXHIBIT C
~~~~N~
-. '. 0 '. YOUR PROFESSIONAL ENGINEERING TEAM SINCE 1957
P 541-772-7115 F 541"779-4079 1120 EAST JACKSON PO BOX 490 MEDFORD. OR 97501
EMAIL: info@marquess.com WEB: www.marquess.com
May 23, 2011
City of Ashland
Jim Olson
20 East Main Street
Ashland, Oregon 97520
RE: SCHOFIELD/MONTE VISTA LID
Dear Jim:
Per you request we have prepared this letter to outline the fees needed to cornplete the projeot plans
and bid documents for the Schofield/Monte Vista LID project. This will allow you to open up a new
job and close the current job that has been open since 2006.
FEES
We propose to finalize the plans and project bid' documents for the following lump sum fees:
Solis Investigation and Pavement Design
Civil Engineering
Survey
Stake curb face
Re-stake curb face
Prepare Slope Easement documents
Construction staking
$ 2,100
$ 9,900
Total
$ 800
$ 200
$ 520
$10.080
$ 23,600
Based upon our current workload and the amount of work involved to update the plans based upon the
revised roadway alignment, we anticipate having the plans and bid documents complete on June 13,
20 II.
Sincerely,
MARQUESS & ASSOCIATES, INC.
fh~.JL2
Robert S. Gunter, P.E.
RSG/rsg
SJ06-1 1301/correspondl06-1 130 Fee Update.doc
.'
M6~~~N~
YOUR PROFESSION~ ENGINEERll'J'G TEAM SINCE 1957
P 541-772-7115 F 541-779"4079 1120 WT JACKSON PO BOX 490 MEDFORD. OR 97501
EMAIL info@marquess.com WEB: www.marquess.com
EXHIBIT "A"
January I, 2011
.
ENGINEERING FEE SCHEDULE
Executive Engineer .....................................................$155.00 per hour
Principal Engineer .... ..... ............. .......... ........... .......... .$145.00 per hour
Geoteclmical Engineer....... .............. .............. .............. .$145.00 per hour
Senior Engineer .........................................................$100.00 - $120.00 per hour
Project Engineer.......................................~.................$ 92.00 - $105.00 per hour
Design Engineer..........................................................$ 76.00 - $ 91.00 per hour
Designer 11 ...............................................................$ 72.00 - $ 86.00 per hour
Designer 1................................................................$ 63.00 - $ 73.00 per hour
Drafter 11 .................................................................$ 54.00 - $ 68.00 per hour
Soils Teclmician.........................................................$ 52.00 - $ 62.00 per hour
Special Inspector ........................................................$ 52.00 -$ 60.00 per hour
Drafter 1..................................................................$ 50.00 - $ 60.00 per hour
Fietd Survey .............................................................$140.00 per hour
Field Survey 11 2 Person Party ...... .:...... ....... ...... ............. $160.00 per hour
Survey Crew 3 Person Party ..........................................$226.00 per hour
Word Processor .........................................................$ 48.00 per hour
Mileage ....... ..... ........ ........... ......... .......... .................$ 0.65 per mile
Out-of-Pocket Expenses. ............... ..... ............... ........... . Actual Cost
Material Testing Services... ........ .......... ....... .......,.......... Schedule Provided On Request
PA YMENT: Payment on the billings must be made on or before the 20th day of each month.
A CHARGE OF 1.5% PER MONTH (18% ANNUAL PERCENTAGE RATE) WILL BE ADDED
AFTER 30 DAYS UNLESS PRIOR ARRANGEMENTS ARE MADE..
This Fee Schedute is subject to periodic changes.
I
~
-1C~RD~ CERTIFICATE OF LIABILITY INSURANCE I DATE IMMlDDIYYYYI
06/0212011
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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER Phone: (360) S9e-.3700 Fax: (360) 598.3703 ~~~~~CT MICHAEL J. HALL & COMPANY
MICHAEL J. HALL & COMPANY ;A~gN~ll Ext': (360) 598.3700 I~~ "0" (360) 598-3703
HALL & COMPANY E-MAIL
19660 10TH AVENUE N.E. ADDRESS:
POULSBO WA 98370 ~_~~~~~~~ In, 2738
INSURER(S) AFFORDING COVERAGE NAlC#
INSURED INSURER A . Travelers Casualty and Surety Co of America 31194
Marquess & Associates Ine The Travelers Indemnity Company of America 25666
PO Box 490 INSURERS
Medford, OR 97501-0033 INSURERC . The Travelers Indemnity Company 25658
INSURER 0 The Travelers Indemnity Company of America 25666
INSURERE
INSURERF :
COVERAGES CERTIFICATE NUMBER: 138245
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,
.,n ,"" ,~, ," , ,n. <Hnw_ MAV HAVO ,,~"~ RV
INSR TYPE OF INSURANCE I~~~ = POLICY NUMBER POUCYEFF POLICYEXP LIMITS
TR M
B GENERAL LlABlUTY 6806146N63A OS/29/11 OS/29/12 EACH OCCURRENCE $ 1,000,000
-,-:-
X COMMERCIAL GENERAL LIABILITY ~~~:;~~~~~~;Dnce\ $ 300,000
I CLAIMS-MADE l---xl OCCUR MED. EXP (Anyone person) $ 5,000
X XCU, BFPD, OCP PERSONAL & ADV INJURY $ 1,000,000
X Separation of Insureds I GENERAL AGGREGATE $ 2,000,000
~'~ AGGREGATE LIMIT APn:IPER: PRODUCTS - COMPIOP AGG $ 2,000,000
,!-l PRO 1,000,000
POLlCY X - lOC EMPLOYEE BENEFITS LI $
D AUTOMOBILE LlABIUTY BA6148N401 OS/29/11 OS/29/12 COMBINED SINGLE LIMIT $ 1,000,000
X- (Ea accident)
ANY AUTO
- BODilY INJURY (Per person' $
~ ALL OWNED AUTOS BODILY INJURY (Per accident)
$
X SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS (Per accident) , $
-
~ NON-OWNED AUTOS $
$
C X UMBRELLA "AS M OCCUR CUP3196T698 OS/29/11 OS/29/12 EACH OCCURRENCE $ 5,000,000
-
EXCESS "'B CLAIMS+MADE AGGREGATE $ 5,000,000
"7:- DEDUCTIBLE , " $
X 1 RE;TENTIOU $ 10,0001 i I I h.-
,
WORKERS COMPENSATION I I ~CR~T~~ I 10TH $
AN' EMPLOYERS' LlABlUTY ".
ANY PROPRIETORIPAATNERlEXECUTIVE [] E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? .,.
(Mandatory In NH) E.L. DISEASE.EA EMPLOYEE $
Ilyu.ducObllYnder E,L. DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS below $
A Professional Liability: Claims Made Form 105320158 07/26/10 07/26/11 $1,000,000 Per Claim
$1,000,000 Aggregate
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddItional Remarka Schedule, if more apace la required)
SEE SUPPLEMENTAL CERTIFICATE INFORMATION
CERTIFICATE HOLDER
CANCELLATION
City 01 Ashland ~, ,,,*, SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
20 E Main St VV THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland, OR 97520-1814 V.
AUTHORIZED REPRESENTATIVE
Attention: James H. Olson ~shleY'L Hul~
ACORD 25 (2009/09)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SU~~LEMENT TO CERTIFICATE OF LIABILITY INS #138245
DATE
JUN 2 2011
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
Project: Schofield/Monte Vista LID Project No. 2005-08
City of Ashland, Oregon and its elected officials, officers and employees are Additional Insured on the Commercial General Liability
and Auto liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured. This
Insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and
non-contributlng with this insurance.
Certificate # 138245
COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN INSURED
(Section II):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to in-
clude as an additional insured on this Coverage
Part, but only with respect to liability for "bodily in-
jury", "propertY damage" or "personal injury"
caused, in whole or in part, by your acts or omis-
sions or the acts or omissions of those acting on
your behalf:
a. In Ihe performance of your ongoing opera-
tions;
b. In connection with premises owned by or
rented to you; or
c. In connection with "your work" and included
wilhin the "products-completed operations
hazard" .
Such person or organization does not qualify as
an additional insured for "bodily injury", "property
damage" or "personal injury" for which that per-
son or organization has assumed liability in a con"
tract or agreement. .
The insurance provided to such additional insured
is limited as follows:
d. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
e. This insurance does not apply to the render-
ing of or failure to render any "professional
services",
f. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed in that "contract or agreement requir-
ing insurance" to provide for that additional
insured, or the limits shown in the Declara-
tions for this Coverage Part. whichever are
less. This endorsement does not increase the
limits of insurance stated in the LIMITS OF
CG 03 81 0907
INSURANCE (Section III) for this Coverage
Part.
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis. or a
primary and non-contributory basis. this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named insured, and we will not
share with the other insurance. provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
C. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
~ 2007 The Travelers Companies, Inc.
Includes the copyrighted material of Insurance Services Office, Inc., with its permiSSion.
Page 1 of 2
COMMERICAL GENERAL LIABILITY
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
D. The following definition is added to DEFINITIONS
(Section VJ:
"Contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
Page 2 of 2
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
in effect; and
c. Before the end of the policy period.
e 2007 The Travelers Companies. Inc.
Includes the copyrighted malerial of Insurance Services Office, Inc., with its permission.
CG 03 81 09 07
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the foliowing:
BUSiNESS AUTO COVERAGE FORM
. ".:,,~
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
A. PERSONAL EFFECTS COVERAGE
SECTION III - PHYSICAL DAMAGE CC;>VER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Personal Effects Coverage
We wili pay up to $400 for "loss" to wearing ap-
parel and other personai effects which are:
(1) owned by an "insured"; and
(2) In or on your covered "auto";
in the event of a total theft "loss" of your covered
"auto",
No deducijbles apply to Personal Effects Cover-
age,
B. AUTO LOAN LEASE GAP'COVERAGE
SECTION III - PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total "loss" to a covered .'auto" of
the private passenger type shown in the Schedule
or Dedarations for which Physical Damage Cov-
erage Is provided. we will pay any unpaid amount
due on the iease or loan for such covered "auto"
less the foilowing:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto";
and .
(2) Any:
(a). Overdue lease/loan payments at the time
of.the "loss";
(b) .Financial penalties imposed untler a
lease for excessive. use, abnormal wear
and tear or-high mileage;
(c.) Security deposits not returned by the les-
sor;
CA T420 07 06
(d) Costs for ,extended warranties, Credit Life
Insurance, Heaith, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry-over balances from previous loans
or leases.
C. COVERAGE EXTENSION - AUDIO, VISUAL
AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
OF SOUND
SECTION III - PHYSICAL DAMAGE COVER-
AGE, B. Exclusions, exception. paragraph a. to
exclusions 4.c & 4.d is deleted and replaced with
the following:
a. Equipment and accessories used with such
equipmen~ except tapes, records or discs,
provided such equipment is permanently in-
stalled in.the covered "auto" at the time of the
"loss" or is removable from a housing unit
which Is permanently installed In the covered
"auto" at the time of the "loss", and such
equipment is designed to be solely operated
by use of the power from the "auto's" electri-
cal system, in or upon the covered "auto"; or
D. WAIVER OF DEDUCTIBLE - GLASS
SECTION III - PHYSICAL DAMAGE COVER-
AGE, D. Deductible Is amended by adding the
following:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
E. HIRED AUTO PHYSICAL DAMAGE COVER-
AGE
SECTION III - PHYSICAL DAMAGE C,OVER-
AGE, A Coverage, 4. Coverage Extensions is
amended by adding the following'
Hired Auto Physical Damage Coverage Exten-
sion . .
If hired "autos:' are covered "autos" for LiabUity
Coverage and this p'olicy also provides Physical
Damage Coverage for an owned "auto", then the
I?fcludes th~',c()pyrighted-materi~1 of Insurance Se'rvices Office, Inc. with its permission.
Indudesthe copyri,ghtedmaterial of The 81. Paul Travelers Companies, Inc.
Page 1 of 2
COMMERCIALAUTO
Physical D,amage Coverage is eXtended to
"autos" that you.hire, rent or borrow subject to the
folloWing:
(1) T~e most we will pay for "loss:' in anyone
'~accident" to a hired, rented or borroWed
'~aUto"is the lesser of:
(~) '$50,990i
(b) The, actual.cash value of the dam"
. . aged or stolen propertyas,of the.time
oflhe;"loss"; or
.,....-<'l--,_'"
(c) The cost of repairing or. replacing the
damaged or stolen property with
other property of like kind and quality.
'(2) An adjustment far. 'depreciation and
physical condition will be made in deter-
mining actual cash value in the ,event of a
total "Ioss~..
(3) If a repair or replacement re'sUlls in better
than like kind or quality, we will not pay
for the amount ot betterment
(4)' A deductible equal to the highest Physical
Damage deductible applicable to any
owned. covered "auto",
(5) This Coverage EXtension does not apply
to: .
(a) Any "auto",that'is hired, rented:or bor'
rowed with a driv<:lJi Or
(b) Any "aUto" thal'is hired, rented or bor-
. rowed from your'''employee''.
F. BLANKETVVAIVEROF S,UBROGATlON
SECTION IV - BUSINESS AUTO CONDITIONS,
/I.. Lo~s Conditions,S. Transfer Ot Rlgh~s Of
Recovery Against Others To' Us is deleted and
replaced by the following:
5. Transfer Of Rights Of Re~overy Against
Others To Us
We waive-any.right Of recovery We may have
against any person or'organization to the ex'
Page 20t 2
'tent required,Ofyou by a Written contract exe-
cuted prior to any "accident" or "loss", pro-
vided that the "accidenf' or "loss" arises out of
the operations contemplated by such con-
.tract. The'waiver applies only to the person or
organiz~tioncJesignatedjn such C9ntract.
G. BLANKET ADDITIONAL INSURED
'SECTION II-LIABILITY COVERAGE, part A. 1.
Who Is An Insured, paragraph c. Is amended by
adding the'following-
Any Rersonor organization that you are required
to'include as ,an additional insured on this Cover-
age Form in a Written contract or agreementthat
'is signed and, executed by you before the "bodiiy
injury" or. "property: damage" occurs and that is in
effect during the policy period is an "Insured" tor
,Liability Coverage, but only tor damages to which
this insurance applies and only to the eXtent that
person or organization qualifies as an "insured"
under'the Who Is An Insured provision contained
in .Section II.
H. EMPLOYEE ftlREDAUTOS
SECTION 11- LIABILITY COVERAGE, A. Cov-
erage, { Who Is Anlnsure,d is'amended by'add-
ing .the followlng'
An "employee~' Of yours is an "insured" while op-
eratingan "auto" hired or rented under a contract
or agreem.ent in that "employee:s" name, with
your permission, while performing duties related,
to the .conduct'of your business.
I. COVERAGE EXTENSION - TRAILERS
SECTION I - COVERED AUTOS, C. Certain
Trailers, Mobile Equlpme'nt and Temporary
Substitute Autos, paragraph 1.. is deleted .and
replaced by the following:
1. "Trailers" with a load capacity of 3,000
pounds or less designed primarily for travel
on,public roads.
Ihcludes the'eopyrighted.,material of Insurance: Services Office,- !nc.'with,itsperinjssion.
,Includes"the,copyrighted,material of The 8t: Paul Travelers Compani'es; Inc.
CAT4200706
~..
..11
CITY RECORDER
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1/1
:;< DATEr:]:::,'~i.;i~~;
6/9/2011
'?;, 'po,NuMBER',;;'"
10218
VENDOR: 000575
MARQUESS & ASSOCIATES, INC.
1120 E JACKSON
MEDFORD, OR 97501
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.:
Contact: Jim Olson
Confirming? No
i"~';:Qu'a'nHtV'~t.'i ~UjJnlt" .~ :"ii:"::. ,.:<::!,,:/ '',[' . ':',;~';.\~:-:iH:::bescrrDllon'Z :. '""..-,:." '.'J,:',,' .'.,.. . :o::'.UnlfP,Hcl{: ',:,;-.- ::~T/Ex'Fp.rice,~"J~_;~
Complete the remianing preliminary 23,600.00
engineering and construction
engineering for the Schofiled/Monte
Vista LID project. (Replaces PO 06683)
Contract for Personal Services
Beginning date: See additional terms on
contract
Completion date: 12/31/2011
Insurance required/On file
SUBTOTAL 23600.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 23,600.00
ASHLAND, OR 97520
~'AcCoWitlNumtJerIiirJ'l~ ~'~roi~i~umh6f'~~7:;j~ t~}~rnountft~~;!~~ ~_:AccounfNliil1be~~::~~:~ rf-~~:~p,ThjeciNum6er;::\,,;} ~~;Jr~~
E 260.08.35.00.70420 E 200508.100 3 540.00
E 260.08.41.00.70420 E 200508.100 20 060.00
I
I
?-4
.&I-. .-f,...
'~ y,t,r
Auth ed Signature
VENDOR COpy
CITY Of
ASHLAND
REQUISITION
No. PW_-FY2011
Department PW ENGINEERING
Vendor Marquess & Associates
PO Box 490
Medford, OR 97501
Account No. 260.08.41.00.704200
260.08.35.00.704200
Date June 7, 2011
Requested Delivery Date
Deliver To Jim Otson
Via
85% (. Note: Please allow approximately two(2) weeks for deliveT)' on items not
15% generally caried in stored, and approximately two (2) months on printingjobs.f
.
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Complete the remaining preliminary engineering
and construction engineering for the
Schofietd/Monte Vista LID project. (replaces PO $ 23,600.00
6683)
for Kari:
BID /RFP / EXEMPT:
Contract Start Date: Ongoing
Contract,Comptetion Date: 12/31120 II
Insurance on file: IYES INO
Proiect No: 2005-08
Job No.
Unit No.
I hereby certity that the above items are necessary for the operation
of this department and are budgeted
~~ \2.h ~
Department Hea or Authonzed Person
Issued By
Date
Received By
r~'
~~'r
G:\pubwwrks\eng\O\A Blank Forms\requisition general form.xls