HomeMy WebLinkAbout2011-280 Contract - Hardey Engineering Contract for PERSONAL SERVICES less than $35,000
CITY OF CONSULTANT: HEA Engineering
-AS H LAND CONTACT: Brad Wright, PE
20 East Main Street
Ashland, Oregon 97520 ADDRESS: PO Box 1625; 2870 Nansen Dr.
Telephone: 541/488-6002 Medford, OR 97501
Fax' 541/488-5311
TELEPHONE: 541-772-6880
DATE AGREEMENT PREPARED: 10/5/11 FAX: 541-778-4223
BEGINNING DATE: 10/10/11 COMPLETION DATE: 6/30/2012
COMPENSATION: Not to exceed $3,200.00
SERVICES TO BE PROVIDED: See attached proposal dated September 28, 2011, project no. 10-17
ADDITIONAL TERMS:
FINDINGS:
Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and
determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor
resources to perform the services; (3) the statement of work represents the department's plan for utilization of such
personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient
to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints
provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein
is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings/Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely
terminated, payments will be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is$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
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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. 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 Liabilit insurance with a combined single limit, or the equivalent, 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 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,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s)without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and
non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish
acceptable insurance.certificates prior to commencing work under this contract. The certificate will specify all of
the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If
requested; complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The
Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-
insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated by reference.
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Consultant: City of Ashland
By By
Signature Department Head
Nt&6,4 (ZT-CQ�;o
Print Name Print Name
I
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
G:\pub-wrks\eng\10-17 HEA Engineering Contract 10 5 11.doc, Page 4 of 8
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.
/U - /o-//
Contr ctor (Date)
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EXH I BIT C
From: Brad Wright
Sent: Wednesday, September 28, 2011 10:28 AM
To: Jim Olson (olsonj @ashland.or.us)
Cc: Jim Higday; Karl Johnson (johnsonk @ashland.or.us); Richard Bath
Subject: Pedestrian Crossing at Campus/Main
Good Morning Jim!
Regarding the intersection of Campus Way and East Main Street,this is my understanding...
1) New continental-style striping will be installed on the south and east legs of the existing T-type intersection
2) The Access Ramp on the SE corner will be removed/replaced to meet current ADA guidelines
3) A new Access Ramp will be installed on the north-side of E. Main correlating with#2
4) If possible, a surface mounted truncated dome panel will be installed on SW ADA Ramp, but not other
improvements will be done here
5) Proposed Pedestrian Activated (Rectangular) Beacons/Poles will be installed near NE and SE Access Ramps.
6) City of Ashland will complete installation of electrical
7) Topographic Survey does not need to be tied into Ashland network,just project specific
To complete this work,we will need a basic topographic survey of the area and complete design drawings for bidding.
Topographic Survey—Obtain information from Field and Compile into AutoCAD for Engineering $1500
Engineering Design/Drawings—Research and selection of Pedestrian Devices,Site Plan and Details, material
specifications to be included on drawings. $1700
TOTAL$3200
If specifications are needed,there would be additional costs depending on to what extent CofA will participate in them
or if HEA will be responsible for total assembly. Please let me know on this portion.
If this is acceptable, let us know and we will begin working on it.
Thank you for the opportunity to submit a proposal for this project.
Brad Wright, PE
Project Manager/Civil Engineer
IDEA Engineering
PO Box 1625; 2870 Nansen Drive _
Medford,Oregon 97501
Ph. (541)772-6880;Cell (541)778-4223
Email:bwriaht@hea-inc.com
Website:www.hea-inc.com
HARDEY ENGINEERING&ASSOCIATES, INC. .
STANDARD FEE SCHEDULE "A" &STANDARD CONTRACT PROVISIONS
STANDARD FEE SCHEDULE
The compensation of Hardey Engineering&Associates, Inc.for work done on the basis of salary cost times a
factor, plus incurred expenses (which may be referred to as "time and materials"or"standard billing")will be
the sum of all of the items set forth below:
A. PERSONNEL SERVICES
BILLING RATES
Job Category Hourly Billing Rate Job.Category Hourly iffingiRate
Principal 125.48 Engineering Technician 111 77.71-78.30
Former Principal 125.48 Engineering Technician IV 79.96
Division Manager 118.45 Survey Technician 1 52.06-55.10
Project Manager 108.63-108.87 Survey Technician 11 74.67-7830
Engineer 78.30-98.06 Survey Technician 111 81.49
Inspector II 75.45 Survey Draftsman 79.96
Engineering Technician 11 56.55-72.42 Clerical 42.25-52.15
Overtime premium (overtime hours worked times the difference between overtime and straight-time
pay rates)if the Client's requirements make overtime work necessary.
B. TRAVEL AND TRANSPORTATION EXPENSES
1. Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees
on business connected with the project, plus a service charge of 10%.
2. Federal standard mileage rate per mile for use of vehicles.
3. Eight dollars per hour for use of survey trucks,$25.00 per hour for GPS equipment,$50.00 per
hour for RTK equipment, and$35.00 per hour for survey robotics.
C. OUTSIDE SERVICES
1. Invoice cost of services and expenses charged to Hardey Engineering&Associates, Inc. by out-
side consultants, professionals, or technical firms engaged in connection with the order, plus
15%overhead costs.
D. MISCELLANEOUS EXPENSES
1. The invoice cost of materials,supplies, reproduction work,and other services,including com-
munication expenses, procured by Hardey Engineering&Associates, Inc.from outside sources,
plus a service charge of 10%.All out-of-pocket expenses not included in Items A,B,and C,will
be included in this category.
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'`�tCORO CERTIFICATE OF LIABILITY INSURANCE °A'10107111 MMIDONYM
0/07/11
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: H the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. N SUBROGATION IS WANED, 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 Ileu of such endorsement(s).
PRODUCER 541-7735356 Kendall Yeaw
Protectors Insurance, LLC 54177219 PHONUE :541$42-2963 NA: 541-772-1906
Pilot Rock Ins Agency LLC (CA)
PO Box 4669 ADDRESS:Kendall rotectorsins.com
Medford, OR 97501 .HARDE-1
R.Joe Hubbard
INSURERS)AFFORDING COVERAGE NAIC i
INSURED Hartley Engineering&Assoc Inc INSURER A:SAIF Corporation
PO Box 1625 INSURER 13:Maryland Casualty Company
Medford,OR 97501-0124 1 INSURER C:CNA continental Casualty Co
NSURER D:
NSURER E
CERTIFICATE INSURER F
COVERAGES
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 POLICY NUMBER MID LIMrTS
GENERAL LIABILITY EACH OCCL RRENCE i ,,000,00
B X COMMERCIAL GENERAL LIABILITY X PAS43371906 05112/11 05/12112 PREMISES Ea incurrence S 1,000,00
CLAIMSMADE O OCCUR MED EXP(My one person) $ 10,0
PERSONAL&ADV INJURY $ 1,000,00
GENERAL AGGREGATE $ 2,000,00
GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00
X1 POLICY PRb LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000
B X my At ro PAS43371906 05/1 2/11 05/12/12 (Ea ecodeo)
BODILY INJURY(Per person) $
ALL OWNED AUTOS BODILY INJURY(Per accident) $
SCHEDULED AUTOS PROPERTY DAMAGE
HIRED AUTOS (Per accident) $
NON-OWNED AUTOS $
S
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AG(',rEGATE $
DEDUCTIBLE $
RETENTION
WORKERS COMPENSATION X A T
AND EMPLOYERS'LIABILITY
A ANY PROPRIETORIPARTNERIEXECUnVE YIN NIA 943247 07/01/11 07/01/12 E .EACH ACCIDENT $ 500,00
OFFICER IYEMBER EXCLUDED?
(Mmdeory in Nil) EL DISEASE-EA EMPLOYEE $ 500,00
I yes,doscn er
N und F E
P L.DISEASE-POLICY LIMIT 500 00
A Professional EA11386363 0120111 01720112 1,000,00
Liability
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES W1wh ACORD 101,AddIlkm!Remarks Sc IuN,I enm space b re0ulnd)
As additional insured per policy form 952001:
CITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
20 E Main St ACCORDANCE WITH THE POLICY PROVISIONS.
Ashland,OR 97520
AUTHORIZED REPRESENTATIVE
R.Joe Hubbard
O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
c. The c( st of bonds to release attach- f. The indemnitea
merits, out only for bond amounts within
the apil licable limit of insurance.We do (1) Agrees in writing to:
not he a to furnish these bonds (s) Cooperate with us in the inves-
d All res. onable expenses incurred by the tigation, settlement or defense
insurei at our request to assist us in the of the "suit":
investi lution or defense of the claim or (b) Immediately send us copies of
"suit", icluding actual loss of earnings any demands, notices, sum-
up to 250 a day because of time off monses or legal papas received
from Quit in connection with the "suit";
e. All co a taxed against the insured in the (c) Notify any other insurer whose
"suit". coverage is available to the in-
f. Prejud nt Interest awarded against the demnitee; and
insure on that part of the judgment we (d) Cooperate with us with respect
pay.If a make an offer to pay the sp- to coordinating other applicable
plicabl limit of insurance, we will not insurance available to the indem-
pay an prejudgment interest based on Miss; and
that iod of time after the offer.
121 Provides us with written euthoriza-
g. All int at on the full amount of any tion to:
ju that accrues after entry of the (� Obtain records and other infar-
judgm and before we have paid,of-
fared t pay, or deposited in court the mation related to the "suiP; and
part of the judgment that is wi hin the (b) Conduct and control the defense
applica le limit of insurance. of the indemnities in such "suit".
These pay nents will not reduce the limits So long as the above conditions are met
of insuran a. attorneys' fees incurred by us in the de-
2 If we defc id an insured against a"suit"and Tense of that indemnitse, necessary litiga-
an inclemn; as of the insured is also named tion expenses incurred by us and necessary
as a party o the 'suit", we will defend that litigation expenses incurred by the iuxlem-
indemnites if all of the following conditions nitee at our request will be paid as Supple-
are met memary Payments.Notwithstanding the pro-
visions of Paragraph 2b,(2)of SECTION I -
a The"e it" against the indemnitse seeks COVERAGE A-BODILY WJURYA)DPROP-
damages for which the insured has as- ERTY DAMAGE LIABLIM such payments will
sumed the liability of the indemnitee in a not be deemed to be damages for "bodily
contract or agreement that is sn"insured injury" and "property damage" and will not
contract": reduce the limits of insurance.
b. This insurance applies to such liability Our obligation to defend an insureds in-
assumed by the insured; demnitse and to pay for attorneys'fees and
c. The obligation to defend, or the cost of necessary litigation expenses as Stpplarnen-
the defbrue of,that indennites,has also tary Payments ends when
been aesumed by the insured in the same a We have used up the applicable limit of
"incur contract'; insurance in the payment of judgments
d. The still gations in the "suit" and the in- or settlements; or
format on we know about the "occur- b. The conditions set forth above, or the
rence" re such that no conflict appears terms of the agreement described in
to exi between the interests of the Paragraph f.above, are no longer met /
insured and the interests of the indem- SECTION ® - WHO IS AN MSt1RED ELUDES f
nitee; I RESTRICTIONS OR ABRDGNIENTS)
a The i ?at nrtee and the insured ask us
to coand control the defense of 1. If you are designated in the Declarations as:
that in nitee against such "suit" and a An individual, you and your spouse are
agree we can assign the same coun- insureds, but only with respect to the
sel to blefend the insured and the in- conduct of a business of which you are
uterrmta`e: and - the sole owner.
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SS2001 Ed 6-00
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GL-AI&Primary 952001 (2).pdf
In. A part ership or joint venture, you are ployee" as a consequence of
an ins d Your members, your part- Paragraph h)lel above;
bars, their spouses are also insureds. (c) For which there is any obligation
but onl with respect to the conduct of to share damages with or repay
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c. A 16ni ity company, you are an damages because of the injury
insure Your members are also insureds, described in Paragraphs 0 Ho)or
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sured but only with respect to their viding or failing to provide pro-
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d An or anization other than a Partner- (2) "Property damage' to property.
ship, int venture or limited liability
comp y,you are an insured Your"ex- {al Owned occupied or used by,
scut. officers" and directors are in- b) panted to, in the care. custody
but only with respect to their Or control of, or over which
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stocki elders are also insureds,but only cised for any purpose by you,
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stock in them as of the effective or any organization while acting as your
of this policy. real estate manager.
If suct subsidiaries are not shown in the ux Any person or organization having proper
Declar itions, you must report them to temporary custody of your property if
us wit in 180 days of the inception of you die, but only
this p licy. (1) With respect to liability arising out
2. Each of 119 following is also an insured of the maintenance or use of that
a Your" oyees",other than either your property; and
"exec five officers" (if you are an or- (21 Until your legal representative has
gani ion other than a partnership, joint been appointed.
ventur a or limited liability company) or d Your legal representative if you die,but
your anagers Of you are a limited h Doty with respect to duties as such That
ability company),but only for acts within representative will have all your rights
the s cps of their employment by you and duties under this Coverage Part
or wh Is performing duties related to the
condi ot of your business However,none e. Any parson or organization with whom
of th se"employees' is an insured for. you agree, because of a written con-
(11 'I odily injury' or"personal and ad- tract, to provide insurance such as is
v rtising injury". afforded under this policy,but only with
respect to liability arising out of your
I To you,to your partners or mem- operations, "your work" or facilities
bers(if you are a partnership or owned or used by you.
joint venture),to your members This provision does not apply:
(f you are a limited liability com-
pany), or to a co-"employee" (1) To any vendor,concessionaire, les-
while that co- srnployee" is ei- sor of leased equipment, grantor of
ther in the course of his or her a franchise, engineer, architect or
employment or performing du- surveyor; or
ties related to the conduct of 1
your business; 2) Unless the contract has been signed
prior to the data of 'bodily injury',
(b) To the spouse, child parent,
brother or sister of that co-"em-
952001 Ed!6-00 Page 9 of 1B
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"pr§party damage", or "personal or person who is an insured under this
ad artising injury', provision.
f. Any pa son or organization to whom you 4. Any organization you newly acquire or form
are ob gated by virtue of a written'in- other than a partnership or joint venture,
sued 4 xitracr to provide insurance such and over which you maintain ownership or
as is forded by this policy, but only majority interest will qualify as a Named In-
with r specs to liability arising out of sured if there is no other similar insurance
the oy nership, maintenance, or use of available to that organization However:
that pi I of any premises leased to you a Coverage under this provision is afforded
This dl as not apply to. only until the 180th day after you ac-
(1) An e 'occurrence" that takes place quire or form the organization or the
aft gr you cease to be a tenant on end of the policy period, whichever is
the se premises. earlier:
(2) Str uctural alterations,now construc- h Coverage A does not apply to 'bodily
do i or demolition operations per- injury' or "property damage" that oc-
f a Tried by or on behalf of such in- curred before you acquired or formed
su ad the organization; and
g Any a or political subdivision but only c. Coverage B does not apply to'personal
as r sets legal liability incurred by the and advertising injury" arising out of an
state r political subdivision solely be- offense committed before you acquired
cause it has issued a permit in tonne- or formed the organization
tion ith premises you own, rent, or No person or organization is an insured with
contr I for one of the hazards listed
below respect to the conduct of any current or pest
partnership,joint venture or limited liability com-
(1) 4 existence, maintenance, repair, pang that is not shown as a Named Insured in
construction erection,or removal of the Declarsticm
a ertisitg signs,awnings,canopies, SECTION m-UMRS OF NMJRANCE ONCLUDES
c lair entrances, well holes, drive- RESiRICTlIONS OR ABRIDGMENTS
s,manholes marquees,hoisteway
openings, sidewalk vaults, atreet 1. The Urnits of Insurance shown in the Dec-
be6vhers or decorations and similar larations and the rules below fix the most
ezposues; we will pay regardless of the number of:
(2) The constnx lion erection or removal a insureds;
of elevators; or b. Claims made or 'suits" brought or
(3) TI{e ownership, maintenance or use a persons or organizations making claims
of any elevators covered by this in- or bringing 'suits".
s rants.
3. With res act to "mobile equipment'regis- 2. The General Aggregate Limit is the most we
tared m y u name under any motor vehicle
will pay for the sum of
registrath n law, any person is an insured a Damages under Coverage A except
while dri ing such equipment along a public damages because of "bodily injury' or
highway ith you permission Any other per- "property damage"included in the"prod-
son or ization responsible for the con- ucts-completed operations hazard';and
duct of s h person is also an insured but Damages under Covers B
only with respect to liability arising out of amag Coverage
the oper#ion of the equipment and only if The General Aggregate Limit applies a"-
no other insurance of any kind is available rately to each location owned by or rented
to that pprson or organization for this li- to you.Location,as used here, means pre-
ability. However, no person or organization mises involving the some or connecting lots,
is an insured with respect to: or premises whose co mection is interrupted
a "BoOy injury" to a co-"employee" of only by a street roadway,waterway or right-
the portion driving the equipment or of-way of a railroad
b 'Proporty damage" to property owned 3 The Products-Completed Operations Ag-
by,rented to,in the charge of or occu- groglath Limit is the most we will pay under
pied lby you or the employer of any Coverage A for damages because of"bodily
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3. Legal Aad m Against Us b. Exoess insurance
No person or organization has a right under This insurance is excess over.
this Cover 3ge Part 111 Any of the oiler insurance,whether
a To joir us as a party or otherwise bring primary,excess,contingent or on any
us into a"suit asking for damages from other basis
an ins red; or W That is Fire,Extended Coverage,
Is To us on this Coverage Part unless Builder's Risk,Installation Risk or
all of' s terms have been fully complied similar coverage for'your work';
�h. bi That insures for direct physical
A person organization may sue us to re- loss to premises rented to you
cover greed settlement or on a final or temporarily occupied by you
judgnnet an insured obtained after with permission of the owner,
an actbut we will not be liable for id That is insurance purchased by
denmgen ot payable under the terms you to cover your liability as a
of 'I
ge Part or that are in excess tenant for'prop"damage'to
of the le limit of insurance An agreed pr rented to you or tem-
settl means a settlement and release porarily occupied by you with
of liability signed by us, the Inured and the permission of the owner; or
claimant a ant'
the claims legal represente-
tive. (d) If the loss arises out of the main-
4. Motor V41ols Lays tena>ce or use of aircraft, 'au-
tos° or watercraft to the extent
With respictmoto' ba S eequipmad'towhich not subject to Exclusion of
this insure applies SECTION I - COVERAGE A -
a When tJiIs Coverage Pat is certified as BOOBY FUM AND PROPERTY
proof of financial responsibility under DAMAGE IJABI O ABRDES
the pr vislons of any motor vehicle fi-
nancial fi-
nancial responsibility law, the Insurance '
provid W by the Coverage Part for Bodily. 12) Any other primary insurance evaa-
Injury Jablifty, or Properly Damage Li- able to you covering liability for
ability III comply with the provisions damages arising out of the premises
of the law to the extant of the cover- or operations for which you have
age an limits of insurance required by been added as an additional insured
that by attachment of an endorsement
b. We wjll provide any liability, uninsured When this insurance is excess, we will
m at underinsured motorists, no- have no duty under Coverages A or B to
fault 01 coverages required by any defend the insured against any claim or
motor vehicle insurance low. We will 'suit" if any other insurer has a duty to
provi the required limits for those defend the insured against that claim or
cover as 'suit. If no other insurer defends, we
5 Other will undertake to do so, but we will be
entitled to the insureds rights against all
If other van d and collectible insurance is evai- those other insurers.
able to the Insured for a loss we cover under When this insurance is excess over other
Coverage A or B of this Coverage Part, Insurence,we will pay only our share of
our oblig ions are limited as follows the amount of the loss, if any,that ex-
a Pr near Insurance ceads the am of:
This Insurance Is primary except when (1) The totat amount that a0 such other
below.belo applies iff this insurance is pri- insurance would pay for the lose In
m>ary, our obligations are not affected the absence of this insurance, and
unless any of the other insuraice is also
pri (2) The total of all deductible and aetf-
mar!y.Thert we will share with all'that Insured anounte under all that other
other ilm,atce by the method described insurance.
in o.hOlow.
SS2001 Ed. 6-00 "°°'agnseea nrm a^"'°8. aao Ee I%PF"kim
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We wi share the remaining loss, if any, assigned in this Coverage Part to the first
with
y other insurance that is not de- Named Insured,this insurance applies:
scribei in this Excess Insurance provi- a As if each Named Insured were the only
sion aryl was not bought specifically to Named Insured; and
apply i s excess of the Limits of Insur-
ance own in the Declarations of this b. Separately to each insured against whom
Coverage Part claim is made or"suit" is brought
a Motho, Of Sharing >Corv___.�!. Transfe rOfRustOfRecoveryAgainstOth-
If all of the other insurance permera To Us
tributign by equal shares,we will follow If the insured has rights to recover all or
this method also. Under this approach part of any payment we have made under
each insurer contributes equal amounts this Coverage Part, those rights are trans-
until id has paid its applicable limit of ferred to us The insured must do nothing
incur ce or none of the loss remains, after loss to impair them At our request,
whichever comes first the insured will bring"suit"or transfer those
If any of the other insurance does not rights to us and help us enforce them.
permi contribution by equal shares,we This condition does not apply to Coverage
will c Dritribute by limits. Under this C.Medical Expenses
mothc d, each insurers share is based 10 Unintentional Errors And Omissions
on t ratio of its applicable limit of
insura ice to the total applicable limits Any unintentional error or omission in the
of ins I irance of all insurers description of, or failure to completely
6. Premium It describe, any premises or operations in-
tended to be covered by this Coverage Part
a We ll compute all premiums for this will not invalidate or affect coverage for
Cov Pert in accordance with our those premises or operations.But you must
rules rates. report such error or omission to us as soon
L Premi m shown in this Coverage Part as practicable after its discovery.
as act rance premium is a deposit pre- 11.When We Do Not Renew
mium only. At the close of each audit If we decide not to renew this Coverage
parlot I we will compute fie earned pre- Part we will mall or deliver to the first Neared
mium for that period Audit premiums Insured shown in the Declarations written
are and payable on notice to the
first ad Insured If the sum of th notice of the non-renewal not lase than 30
e
advan and audit premiums paid for the days before the expiration data
policy period is greater than the earned If notice is mailed, proof of mailing will be
pramjum, we will return the excess to sufficient proof of notice.
the fi st Named Insured SECTION - DEFNffDNS0Nf1WESRESTRIC-
a The first Named insured must keep TI N IS OR ABRDGMWM
reco s of the information we need for
pr computation,and send us copies 1• "Advertiaemari means a notice that is broad-
at suoh times as we may request cast or published to the general public or
specific market segments about your goods,
7. Represegatiorm products or services for the purpose of
By accepting this policy, you agree attracting customers or supporters.
a The Itatements in the Declarations are 2. "Au an
to" moms a land motor vehicle, trailer
accurate and complete; or semitrailer designed for travel on public
i roads, including any attached machinery or
b. Those statements are based upon rep- equipnerrt But"auto"does not include"mobile
resentations you made to us; and equipment".
a We have issued this policy in reliance 3. "Bodily injury""means bodily injury,sickness
upon your representations. or disease sustained by a person This in-
cludes mental anguish,mental injury,shock,
fright or death resulting from bodily injury,
Except with respect to the Limits of Insur- sickness or disease.
ance, and any rights or duties specifically 4 "Coverage territory" means
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i Y RECORDER Page 1 / 1
ASHLAND C 17 Y OF
DATE PO NUMBER '.
20 E MAIN ST. 11/4/2011 10539
ASHLAND, OR 97520
(541)488-5300
VENDOR: 001718 SHIP TO: Ashland Public Works
HARDEY ENGINEERING &ASSOCIATE, INC (541)488-5587
P O BOX 1625 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
. ._.
f,Quanti ,. ;.Unit „ 1,�,`,.. ":;,.Description ''.;_ '. rj ,'Unit Price EicEPriceDesign services for the E. Main Street 3,200.00
& Campus Way Pedestrian Crosswalk
Improvement Project 2010-17
Contract for Personal Services
Beginning date: October 10, 2011
Completion date: June 30, 2012
Insurance required/On file
SUBTOTAL 3,200.00
BILL TO:Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL_ 3,200.00
ASHLAND, OR 97520
AccountNumber, ':'Aroject.Number' Amount Account Number __ _ " .Project Number.: '7. ( _Amount.''..
E 260.08.12.00.70420 E 201017.100 3,200.00
Authorized Q� VENDOR COPY
FORM #3 CITY OF
A request for a Purchase Order ASHLAND
REQUISITION Date of request: io/i6izol>
Required date for delivery:
Vendor Name HEA Fng'ni ppdng Inr
Address,City,State,Zip PO Rox 1625,2870 Nanspn nr,Medford OR 975n1
Contact Name&Telephone Number
Fax Number Brad Wpght.PE 541-772-6880
541-778-4223
SOLICITATION PROCESS
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached
❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached
® Small Procurement Cooperative Procurement
Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
Note:Total contract amount,including any Dale approved by Council: Contract#
amendments may not exceed$6,000 ❑ Slate of Washington
Intermediate Procurement ❑ Sole Source Contract#
GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract
$5.000 to$100,000 ❑ Quote or Proposal attached Agency
❑ (3)Written quotes attached Contract#
PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement
$5.000 to$75.000 ❑ Written Findings(Form attached) Agency
❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract#
❑ 3 Written proposals attached Date approved by Council: Date approved by Council:
Description of SERVICES Total Cost
Provide design services for the E.Main Street/Campus Way Pedestrian Crosswalk Improvement
Project No. 2010-17. $3i200.0
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
T6TAL-,C6sT:
❑ Per attached quotelproposal $ �;
Project Number 2010.17 Account Number 260.08.12.00.704200
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date
By signing this requisition form,I certify that the information provided above satisfies the City's public contracting requirements,and the documentation can be
provided upon request.
Employee Signature. -- Department Head Signature: � C
Additional signature (if applicable):
Funds appropriated for current fiscal year CE I NO aft —C
Finance Director Date
Comments:.
G:Finance9nicedurOAPForms110-17 HEA Requisition.doc Updated on:1012512011