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HomeMy WebLinkAbout2011-168 Contract - Construction Engineering Contract for PERSONAL SERVICES C I T Y Of CONSULTANT: Construction Engineering Consultants, Inc. ASHLAND CONTACT: Patrick W. Havird, P.E. President 20 East Main Street Ashland, Oregon 97520 ADDRESS: 132 W. Main Street, Suite 201-B Telephone: 541/488-6002 Medford, OR 97501 Fax: 541/488-5311 TELEPHONE: 541-779-5268 DATE AGREEMENT PREPARED: 7/12/11 FAX: 541-779-3139 BEGINNING DATE: 7/18/11 COMPLETION DATE: 12/31/2012 COMPENSATION: Time and materials, not to exceed $29,170.00 SERVICES TO BE PROVIDED: See proposal attached as Exhibit C ADDITIONAL TERMS: N. Main/Herse /Wimer Intersection Re-alignment Project NO. 2002-05 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 services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/ Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 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, 2796.230, 27913.235, 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$18,890 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any Subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. G:\pub-wrks\eng\02-05 N. Main Hersey Wimer Intersection Realign\07-11 Construction Engineering Consultants Contract.doc Page 1 of 5 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract;or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. c. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability 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, G:\pub-wrks\eng\02-05 N. Main Hersey Wimer Intersection Realign\07-11 Construction Engineering Consultants Contract.doc Page 2 of 5 including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance doverage(s)without 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible forall pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. .In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. onsultanIt City of Ashland By `' j CONTRACT AWARD AND FINDINGS DETERMINED BY: Signature I,/ By krrlCjC K/ 041/.co City Department Head Print Name rn• S"i✓7_ Print Namet Title Date Date Approved as to form by Legal p2 2 .y Date Federal ID# 1 J �t 67 5,1 Account#�`�eq �0 �a2, (For City purposes only) 'Completed W9 form must be submitted with contract Purchase Order No. L G:\pub-wrks\eng\02-05 N. Main Hersey Wimer Intersection Realign\07-11 Construction Engineering Consultants Contract.doc Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii)the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City.that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: ✓ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. ✓ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. ✓ (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) G:\pub-wrks\eng\02-05 N. Main Hersey Wimer Intersection Realign\07-11 Construction Engineering Consultants Contract.doc Page 4 of 5 OIygTRUGTrO EXHIBIT C . I CO ENGIEERING GI N�� S 'I )v ULTPST uic P.O.BOX 1724•MEDFORD,OR 97501•PH(541)779-5268 •FAX(541;779-3139 I i CIVIL ENGINEERING SERVICES PROPOSAL FOR j WIMER / HERSEY STREET NORTH MAIN STREET (HWY 99) INTERSECTION i RE-ALIGNMENT i I SUBMITTED TO: CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS I Submitted by: I Construction Engineering Consultants Inc. (Corporation) Federal Tax ID: 931103509 Patrick W.Havird,P.E.,President Oregon Professional Engineer 15993 132 West Main Street, Suite 201-B Medford,OR 97501 Phone: (541)779-5268 Fax: (541)779-3139 Email: pat cecengineering.com - 717111 i Patrick . Havird, President Date i ,i Project Description: The existing intersection of Wimer/Hersey Street—North Main Street is currently offset approximately twenty five feet. As such the intersection does not function with an acceptable level of safety. The current proposal is for the re-alignment of both Wimer Street and Hersey Street to line up across the intersection with North Main Street. Portions of this re-alignment will require property acquisitions and possible parking replacement spaces for the Colwell Chiropractic property. The city currently owns a parcel north of the Colwell site that could be used to provide replacement parking. Anticipated Scope of Work: 1. Detailed Topographic Survey: Survey of the project area including necessary right of way research, property deeds, existing utility locations, property acquisition documents, etc. This would also include topographic survey of the existing Colwell property and the adjacent city parcel. (See attached Polaris Land Surveying scope of services) 2. Concept Design Development: Preliminary layout of the proposed re-alignment to determine property acquisition areas and extent of construction work required such as retaining walls, utility relocations, lost parking analysis, etc. Exhibits will be produced for review and discussion with city representatives and property owners as may be required for property acquisitions and possible parking area replacement. 3. Final Design/Construction Drawings: Once concept plans have been finalized and accepted we will design and produce final drawings for bidding and construction of the proposed improvements. This would include coordination with utility companies for possible utility relocations, retaining wall designs, as well as the street plan and profiles for the intersection reconfiguration. 4. Bid Documents and Specifications: We will determine bid quantities and develop bid and contract documents using boiler plate information provided by the City. 5. Construction Administration: We will attend the pre-bid meeting, pre- construction meeting, and respond to request's for information as needed.We will conduct construction inspections on an "as-needed" basis as determined by the City. 6. City Parcel - Parking Area Replacement:We will design and produce construction drawings for a new parking facility on the city owned parcel adjacent to the Colwell property. This parking area would be connected to the existing Colwell property and would provide for replacement of any lost parking resulting from the proposed intersection realignment. Schedule: We are able to start work on the project immediately pending legal contracts and city authorization. Service Fee Schedule: Professional Engineer-$95/hour Project Designer-$85/hour Inspector- $65 1hour CAD Technician-$55/hour Office Technician - $45/hour Surveyor—(See attached Polaris Land Surveying proposal and fee schedule) Anticipated Cost of Services: $29,170.00 Please see the following page for a breakdown of the anticipated cost of services. 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 z„t o 0 0 0 0 o c o O Iq O N c r cc t0 V O N N V m Ol N N w w iA w w w N w O O O fn m m RY J f O O O r r 6 C __.tl. 2 P m a. o c o 0 0 0 0 0 0 0 0 o O U i(j °� _� wwwwwww ` m a °o °O m C N O N m N C m e Q i` r m o so r m C .0 V �• N tD IZ m m � O w y m w w w w w w w m s o ' O+ r x C O m = b OI l7 O 01 N 0 = 4'E m H OJ C NN, y O r m m 0 0 � rn E 5 0 m v m A N E 3' w m Oc c c K .o °o ❑ m� - 2 n ° u —° m Z` c ❑ m - w 0 E Q E 4 c N H O � C O K •F' L m C C m Z Z, ❑ u. a ❑ o E N m Q a H v y z a 3 m o o p m E o F 0 m c 'rA m m ❑ o m m z m m u m o c a o n d m 0 ❑ U iI m U U � m J v 4' ?,�• N N N V •O f0 � y ❑ � F � z° I \ rO1. A 9 1 LAND SURVE3Y( N0, LLC I R � 4f � June 27,2011 - Construction Engineering Consultants,Inc. 132 West Main Street Suite 201 Medford,Oregon 97501 Attn: Mark Kamrath Kc: City of Ashland Surveying Proposal North Main,Hersey/Wimer Re-alignment Project Dear Mark, Peryour request,the following is a proposal for surveying services for the City of Ashland Street Re-alignment project located at the intersection of North Main Street with Winner Street and Hersey Street. The scope of work will include establishment of project horizontal and vertical control based on surveys performed previous by this office in the immediate vicinity,right of way boundary determination for North Main Street,Wimer Street&Hersey Street,full topographic survey for engineering design purposes within and directly adjacent to right of ways,as well as within Tax Lots 2500,2700,3600&70000,and preparation of legal descriptions for right-of- way acquisition deeds,per the following scope of services anticipated for this project: SCOPE OF 5FRVICF4• ♦ Perform necessary research of right-of-way locations,adjacent property deeds and utility location Information based on record information and painted field marks to be furnished by the re5pective utility companies. ♦ Field survey to establish project horizontal&vertical control network,locate and to controlling right of way monumentstion,location of edsting site topography to include pavement,street grades,curb&gutter,retaining walls,drainagewaye. driveways,buildings,fencelince,grade breaks,significant trees,bordera of landscaping,ditches,cut and fill slopes,exposed utility structures,pipe Inverts,and other miscellaneous topographic features. ♦ Office calculations and computations of field survey data to determine rights-of-way limits and prepare topographic mapping at one-foot contour intervals.Deliverables to include topographic mapping In an electronic AutoCAD 2004-Awg format as well as on printed media to a standard engineering scale. -� P. 0. box 459, Ashland, Oregon 97520 w_Pboee: (541) 462-5_009 +* Fxx: (541) 493-_07_97 --------------- -°--- Mobfls: (541) 601-3000 www.Polx rfaavrvs y.tvm Mark Kamrath " June 27,2011 Page 2 '0 Prepare and file a Monument Recovery Map of Survey with the office of the Jackson County Surveyor to conform with O.R.5.209.250. FEES: Fees will be paid on a Tim and Materials,Not to Exceed Dallis according to the attached hourly rate schedule enclosed as Exhibit A,which is valid until December 31,2011. All additional work that Is outside the scope of services as described will also be paid at said described hourly rates. Polaris Land Surveying LLC will endeavor to keep the actual cost of the work as low as may be consistent with the purpose of the project and with proper workmanship and materials. The cost to perform the surveying services as outlined in the Scope of Services above is as .follows: Not to Exceed Sixty Six Hundred Dollars($6,600.00) Any fees required by Jackson County,title companies,or other quasi-governmental agencies are not included in the surveying costs outlined above and shall be the responsibility of the City of Ashland. As compensation for services rendered,an invoice will be sent on the 20th day of each month,or at the conclusion of the project,showing the hours and rates of the various classifications of personnel working on the project. It is agreed that the payment of our Invoice amount will be due upon receipt of your receipt of payment from the City of Ashland. In the event suit or action is instituted to enforce this agreement or any terms hereof,or in the event of an appeal from suit,action or proceeding,the prevailing party shall be entitled to such sums as the court may adjudge reasonable as attorneys fees in such suit,action or appeal. This letter Is written as a Surveying Proposal and Agreement.An acceptance Ilse Is provided for your signature if you wish to engage us to perform the aforementioned services.Please return one signed copy for our files. If you have any questions,please don't hesitate to call. Yours truly, ShawnKampmann Professional Land Surveyor SAOffice Files\Proposals\CEC-Wimer/Hersey Realignment proposal.doc AI ITHt7R17ATION Approved By. Date P. 0. Box 459, Ashland, 0ra9oo 97520 a Phoee: 1'541) 402-5009 x F+x: (54T) 488-0797 . . : ..... . ._....._....._......___.._.._.._...- (.__._� 601.3____... _...._.._..p.J ,....__........_..._.. ' � Me bfFa: 54t 601.8000 u www, luisaurve com ' s O b A R 1 6 IL AMI7 cJ' uRyr= YiNo, LLC ........... R � EXHIBIT"A° POLARI5 LAND SURVEYING LLC FFF SCHFDI II F (EFFECTIVE JANUARY 1.2011) - PRINCIPAL LAND SURVEYOR................................$120.00/hour PROFESSIONAL LAND SURVEYOR..........................$100.00/hour SENIOR SURVEY TECHNICIAN ...............................$80.00/hour SURVEY TECHNICIAN ........................................$75.00/hour DRAFTING TECHNICIAN .....................................$70.00/hour ` SURVEY FIELD CREW(STANDARD) .......................$125.001 hour SURVEY FIELD CREW(w/GPS)............................$150.00/hour DOCUMENT PROGE55ING....................................$ 60.00/hour MILEAGE(out of town projects)............................$ 0.51/mile OUT-OF-POCKET EXPEN5E5 .................................ACTUAL C05T P. 0. Oax 459, Ashland, Ora4os 97520 n Phone: (541) 402-5009 x Frx: (541) 455-0797 ,....... _.. ___................. ......__....-.___-...__(__.___.._.....�._.... _ _...___._....-. -.. _.._.. . . Nsbiie: (54f) 607-3000 x rr w.pola rte....... CERTIFICATE OF LIABILITY INSURANCE 7/14/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Wilson, AAI, AIC NAME: Beecher Carlson Insurance enc LLC PHONE (541)772-1111 (541)]]2-3785 Fig y C No E AIC No: 707 Murphy Rd MAILS:SUSan.wilson@beechercarlson.com PRODUCER 100 008780 CUSTOMER ID$. Medford OR 97504 INSURERS)AFFORDING COVERAGE NAICIf INSURED IMURERA:TranS Ortation Insurance CO 20494 INSURERB:COntinental Casualty Company CONSTRUCTION ENGINEERING CONSULTANTS INSURERC: PAT HAVIRD INSURER D PO BOX 1724 INSURER E MEDFORD OR 97501 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1142 7 013 21 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MM/DDIYVYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES eo nnce $ 300,000 A CLAIMS-MADE FxIOCCUR 2067238517 /15/2011 /15/2012 MED ENP(My one person) $ 10,000 PERSONA.B ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRbDUCTS-COMP/OPAGG 11 2,000,000 X1 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea mxideM) ANY ALTO A ALL ALTO AUTOS 067238517• /15/2011 /15/2012 BODILY INJURY(Per parson) $ BODILY INJURY(Per accident) $ SCHEDULEDAUTOS PROPERTY DAMAGE X HIREDAUTOS I (Peraximen $ X NON-OVklEDAUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CIAIMSMADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION V.0 STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETCRPARTNERiFJ`CUIVE❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EAEMPLOYE $ If yes,desmbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICYLIMIT $ B Professional Liablity FH114001378 /3/2011 /3/2012 Limit per deim $1,000,000 (Errors S Omissions) $5,000 Deductible/claim Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACach ACORD tot,Additional Remarks Schedule,If more space Is required) Certificate holder included as additional insured (excluding professional liability) per attached endorsement SB146968A where required by written contract. Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION (541)488-6006 olsonj @ashland.or.us SHOULDANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Jim Olson Engineering Services Manager AUTHORIZED REPRESEMATVE 20 East Main Street Ashland, OR 97520 S Wilson, AAI, AIC/SU c'3'�-r-t f-�• �:r.�+"� ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(20IN09) The ACORD name and logo are registered marks of ACORD SB-146968-A CAFA (Ed, 01106) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BLISINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional Insured Businessowners Liability Coverage Form is amended does not ,apply to 'bodily injury,' 'property to include as an insured any person or organization damage,' 'personal and advertising injury' arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement; but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy;and reports, surveys, field orders, change orders 2. Executed prior to the 'bodily in•u or drawings and specifications by any p y fry, 'properly architect, engineer or surveyor performing damage,' or'personal and advertising injury.' services on a project of which you serve as B. The insurance provided to the additional insured is construction manager; or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by a insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from 'your work' for the construction manager. additional insured which is the subject of the 5. This insurance does not apply to 'bodily injury,' written contract or written agreement. No •property damage,• or 'personal and advertising coverage applies to liability resulting from the sole injury'arising out of: $ negligence of the additional insured. 2. The Limits of Insurance applicable to the a. The construction or demolition work while you additional insured are those specified in the are acting as a construction or demolition written contract or written agreement or In the contractor. This exclusion does not apply to Declarations of this policy, whichever is less. work done for or by you at your premises. These Limits of Insurance are inclusive of,and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to,the Limits of Insurance shown in the CONDITIONS—Duties In The Event of Occurrence, Declarations, Offense, Claim or Suit (Section E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended within this endorsement and section titled to add the following: LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9.)within the Businessowners Liability Coverage 1_ Give written notice of an occurrence or an offense Form,does not apply to'bodily injury'or'property to us which may result in a claim or 'suit' under damage' arising out of the 'products-completed this insurance; operations hazard' unless required by the written contract or written agreement SB-146968-A Page 1 of 2 (Ed.01/06) SB-146968-A (Ed.01/06) 2. Tender the defense and indemnity of any claim or against that "suit' If no other insurer defends, we .suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part;and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of: which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnity an additional insurance; and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or 'suit" from the additional amounts under all that other Insurance. insured. We will share the remaining loss, if any, with any D. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this naming the additional insured as an insured Coverage Part. whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This 2. We waive any right of recovery we may have insurance is excess over any other insurance to against any person or organization against whom you which the additional insured has been added as have agreed to waive such right of recovery in a an additional insured by endorsement. written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or 'your work' done under a additional insured against any 'suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the'products-completed operations hazard.' SB-146968-A Page 2 of 2 (Ed. 01/06) �wty♦ A�I''� Page 1 / 1 l CITY OF CI1 1 � CV1;� .AC)i L A 1�T D DATE' r' :? P.O NUMBER ,', 20 E MAIN ST. 7/21/2011 10334 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016077 SHIP TO: Ashland Public Works CONSTRUCTION ENGINEERING, CONSULTANTS (541) 488-5587 PO BOX 1724 51 WINBURN WAY MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del. Date: Contact: Jim Olson Special Inst: Confirming? NO Quanti ',i Unit "R .`.a. ""' Descriotion, . ..! `.,,. .'Unit P.rice " EzfsPrice Provide engineering services for the 29,170.00 design and construction of the N. Main /Hersey/Wlmer Intersection Re-Alignment Project 2002-05 Contract for Personal Services Beginning date: July 18, 2011 Completion date: December 31, 2012 Insurance required/On file SUBTOTAL 29 170.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 29,170.00 ASHLAND, OR 97520 _Acoount,Number . . `.Project Number „ i ` Amount:, ,:,Accounf.Numtier , .;,'.iProject Number, Amount ;•' E 260.08.12.00.704200 E 200205.100 29 170.00 Adthorized Signature VENDOR COPY CITY OF ASHLAND REQUISITION No. PW FY 2011 Department PUBLIC WORKS/ENGINEER Date July l8,2011 Vendor Construction Engineering Consultants Requested Delivery Date 132 W.Main St.Suite 201-B Deliver To Meford,OR 97501 Via Account No. 260.08.12.00.704200 ('Note: Please allow approximately two(2)weeks for delivery on items not generally,caried in stored,and approximately two(2)months an printingjobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Totai Price PO No. Provide engineering services for the design and $ 29,170.00 $ 29,170.00 construction of the N. Main/Hersey/Wimer Intersection Re-Alignment Project. TOTAL $ 29,170.00 for Kari: BID /RFP/EXEMPT: EXEMPT Contract Start Date: 18-Jul-11 Contract Completion Date: 12/31/2012 Insurance on file: NO Project No: 2002-05 Job No. Unit No. 1 hereby certify,that the above items are necessary for the opemtioo of this department and are budgeted M Department Head or Authors cd Person Issued By Date Received By GApub-wrks\eng\02-05 N.Main Hersey Wimer Intersection Realign\02-05 Construction Engineering Consults requisition.xlsx