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HomeMy WebLinkAbout2022-069 PO 20220356- ZCS Inc 1u Purchase -Order /r C Fiscal Year 2022 Page: 1 of: 1 B City of Ashland _-�- I ATTN: Accounts Payable20 E MPurchase L Ashlandaln OR 97520 Order# 20220356 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E ZCS, INC I 51 Winburn Way 90,0 KLAMATH AVENUE p Ashland, OR 97520 O KLAMATH FALLS, OR 97601 Phone: 541/488-5347 R T Fax: 541/488-6006 -�. s v� �g le[3��€1�.1'yl_.�v�Li i Scott Fleu _ -- rgT EiglA 1e::� �: -a@-=:l 06/16/2022 6649 FOB ASHLAND OR/NET30 City Accounts Payable Community Cntr& Pioneer Hall 1 Ashland Community Center and Pioneer Hall Improvements 1.0 $56,671.00 $56,671.00 Phase 1 Preliminary & Final Engineering (8 Months) Personal Services Agreerhent(Greater than $35,000) Completion date: 06730/2023 Project Account: E-202015-999 Project Account: E-202016-999 ***************GL SUMMARY*************** 083000-704200 $56,671.00 I I I By: ,:��1. �;� Date: uth•ri;,-• ignature - $56,671.00 y I FORM #3CITY OF `/ �/ D /--s 6. AS H LAND A request for a Purchase rder REQUISITION Date of request: 06/02/2022 . Required date for delivery: Vendor Name ZCS Engineering and Architecture Address,City,State,Zip 45 Hawthorne St,Suite 5 Medford,OR 97504 Contact Name&Telephone Number 541-500-8588 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid El Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach cosy of coun' ommunication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑■ .Request fo r.'roposal Cooperative Procurement Not exceeding$5,000 Date approve.. .y .u cil: 5/17/2022 0 State of Oregon . ❑ Direct Award A4 - • .._ . ._. .•11 Contract# ❑ Verbal/Written bid(s)or proposal(s) IL, Request for Qualifica onsubirc Wo State of Washington a at:approved by Council: >Contract# Attach copy of council communication Other government agency contract Intermediate Procurement ❑ So a .. . Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency - - PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$51(to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until:_ (Date) Description of SERVICES Total Cost ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS , 56'671°.'00; Rem# Quantity Unit . Description of MATERIALS Unit Price Total Cost • ❑ Per. ached quotelproposal , 'TOTALDCOST • Proje Number _ "V 56::671.;:0,0'' 4. P 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 Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:�t7l�(�1 O "e ,iltp Department He••'�� WZ �Ar! . . �.r.reaterthan 0 ;100) Department MahagerlSupervisor: City Manager: A. ,-N/ !r •'at to or greater than$35,000) Funds appropriated for current fiscal year: YES:/NO 4& ii- ( � June 10, 2022 Finance Director-(Equal to or greater than$5,000) Date Comments: - Form 0-Requisition Kariann Olson From: Kaylea Kathol • Sent: Thursday,June 16,2022 1:34 PM To: Tauri Campos Cc: Kariann Olson;Miranda Iwamoto Subject: RE:Requisition for Community Center&Pioneer Hall Thank you everyone for helping solve this mystery. The split should be as follows: 2020;15,- $34,_9857-3 • 202016-$21,685.5: Thanks!! Kaylea From:Tami Campos<tami.campos@ashland.or.us> Sent:Thursday,June 16, 2022 1:26 PM To: Kaylea Kathol<kaylea.kathol@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us>; Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Requisition for Community Center& Pioneer Hall Thank you for your other email Miranda.So it sounds like from Miranda's email we can code this whole PO to 083000.704200, project 202015 and 202016. I would say 50/50 split. Kaylea do you agree? Thank you! Ta�vv�,v D�M W&-Cao Administrative Analyst City of Ashland, Public Works Department 20 East Main Street,Ashland,OR 97520 541-552-2420 Fax:541-488-6006,TTY:1-800-735-2900 • • Like Public Works on Facebook for updates and information! gwv Like Ashland Water Conservation on Facebook for updates and information! • This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2420. Thank you. From: Kaylea Kathol<kaylea.kathol@ashland.or.us> Sent:Thursday,June 16, 2022 12:04 PM To:Tami Campos<tami.campos@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: RE: Requisition for Community Center& Pioneer Hall Hi Tami—I remember these two projects gave us some grief before because finance had changed the account number to a special CIP account instead of the facilities account. I am pretty sure this is where the project should be charged: 083000.704200 I also know that we gave the project the following two project numbers: 1 202015.999—Community Center expenses 202016.999—Pioneer Hall expenses Kari,do you have a way of looking up either of these projects in Munis to verify that they are now associated with 083000.704200? I have been trying for the last hour,and even though I've found the project numbers in Munis, I can figure out how to drill down into them to find their account number. • From:Tami Campos<tami.campos@ashland.or.us> _._ .__,.,. .___.•.. Sent:Thursday,June 16, 2022 9:26 AM To: Kaylea Kathol<kaylea.kathol@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> i Subject: FW: Requisition for Community Center&Pioneer Hall Sorry about that Kari! Kaylea where should this be charged within the Facilities budget? I can't find an email that says. Thanks! rain&De/M C amipa�- Administrative Analyst City of Ashland, Public Works Department 20 East Main Street,Ashland,OR 97520 541-552-2420 Fax:541-488-6006,TTY: 1-800-735-2900 'Like Public Works on Facebook for updates and information! ''Like Ashland Water Conservation on Facebook for updates and information!' This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error,please contact me at 541-552-2420. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,June 16,2022 9:23 AM To:Tami Campos<tami.campos@ashland:or.us> • Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: Requisition for Community Center& Pioneer Hall Hello Tami, Partial a/c#088400. • Got the complete a/c#? Project#? Thank you. Kariann S L • Kariann Olson '� S Purchasing Specialist 2 j City of Ashland 90 N. Mountain Ave. 0 Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 0 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. • • • 3 4 Kariann Olson • From: Miranda Iwamoto Sent: Thursday,June 16,2022 1:08 PM To: Kaylea Kathol;Tami Campos;Kariann Olson Subject: FW:Project Number-Workbook attached Attachments: 2020-15 Community Center Rehab.Proj.Accounting Worksheet.pdf;2020-16 Pioneer Hall Rehab.Proj.Accounting Worksheet.pdf Hi Everyone, I'm forwarding an'email from a couple of years ago regarding these projects. I tried to run Project Reports but it appears we haven't charged a ything?to either project. So,that's why you weren't able to drill down. The account number has changed to`083000.7o4200. 'I rn showing that PW has 415k budgeted for FY22-23 for"Community Center Rehabilitation". I hope that helps. The account number changed because 082400 was moved into the General Fund (along with many other departments and divisions) in FY22. However, construction projects such as these can remain in the CIP fund which is 0410. Hope that makes sense. Thanks, Miranda • From: Kaylea Kathol<kaylea.kathol@ashland.or.us> Sent: Friday,October 23, 2020 10:05 AM To: Miranda Iwamoto<miranda.iwamoto@ashland.or.us>; Cindy Hanks<cindy.hanks@ashland.or.us> Subject: RE: Project Number-Workbook attached You bet! Here are two separate accounting worksheets From: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Sent:Wednesday,October 21, 2020 4:32 PM • To: Kaylea Kathol<kavlea.kathol@ashland.or.us>; Cindy Hanks<cindv.hanks@ashland.or.us> Subject: RE: Project Number-Workbook attached That would be great! Thank you. Also, can we please use 082400.704200? I'm showing that's where the money is budgeted. Thanks, Miranda • From: Kaylea Kathol<kaylea.kathol@ashland.or.us> Sent:Wednesday,October 21,2020 3:46 PM To: Miranda Iwamoto<miranda.iwamoto()ashland.or.us>;'Cindy Hanks<cindy.hanks@ashland.or.us> Subject: RE: Project Number-Workbook attached No problem. I don't have an accurate way to split the$350k budget between the two sites. Do you need an approximation about how the budget will be split between the two? J From: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> • Sent:Wednesday,October 21,2020 3:12 PM • 1 • To:Cindy Hanks<cindy.hanks@ashland.or.us>; Kaylea Kathol<kavlea.kathol@ashland.or.us> �. Subject: RE: Project Number-Workbook attached Thanks Kaylea! Please send over a project worksheet for 2020-16 and I'll be happy to get those entered into Munis. Thanks, . Miranda From:Cindy Hanks<cindy.hanks@ashland.or.us> • Sent:Wednesday,October 21,2020 2:58 PM To: Kaylea Kathol<kavlea.kathol@ashland.or.us>' Cc: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Project Number-Workbook attached ;i „ y ;:_4i p, P�•,j • i vac'•/Cl:p4 �V' •u�+�'u 'vd Thank you!! From: Kaylea Kathol<kavlea.kathol@ashland.or.us> Sent:Wednesday,October 21,2020 11:44 AM To:Cindy Hanks<cindy.hanks@ashland.or.us> Cc: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Project Number-Workbook attached • Hi Cindy, • We will assign the project numbers as follows: 2020-15 Community Center Rehabilitation . 2020-16 Pioneer Hall Rehabilitation Thanks! Kaylea - • ti From:Kaylea Kathol Sent: Friday,October 16, 202012:18 PM To:Cindy Hanks<cindv.hanks@ashland.or.us> Cc: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Project Number-Workbook attached Hi Cindy—I understand where you are coming from, I appreciate what a high-viz project this is. I will provide two project numbers by early next week. On the contract administration and execution side of this job I may need to do something a little different to prevent duplication errors and maintain consistency,such as an"umbrella"folder that will allow me to keep a consolidated record and a single accounting workbook. In any case,that won't affect my ability to report itemized costs with separate PN's to Finance. Thanks, Kaylea Kathol, PMP • Sr. Project Manager/City of Ashland 51 Winburn Way,Ashland,OR 97520 C: (541) 331-1144/0: (541) 552-2419 • 2 From:Cindy Hanks<cindv.hanks@ashland.or.us> Sent:Wednesday,October 14, 2020 4:59 PM To: Kaylea Kathol<kavlea.kathol@ashland.or.us> Cc: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Project Number-Workbook attached • Hello, We know this is unique to ask for two po's and two different project numbers when there is one contract. Our concern is these two building projects are hot topics in the community and we want to be able to account for all costs for each of the buildings separately. I am concern that the community/council will not be satisfied with a combined expense total for both buildings. • Now that being said, I can be over ruled by my boss ® Thank you Cindy From: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Sent: Monday, October 12,2020 3:34 PM To: Kaylea Kathol<kavlea.kathol@ashland.or.us> Cc:Cindy Hanks<cindv.hanks@ashland.or.us> Subject: RE: Project Number-Workbook attached Hi Kaylea, Yes, I believe we can use two project numbers for 1 contract but I will confirm with Cindy. I'll talk with her tomorrow and get back to you. Thanks, Miranda From: Kaylea Kathol<kavlea.kathol@ashland.or.us> Sent: Monday,October 12, 2020 3:22 PM To: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: RE: Project Number-Workbook attached Hi Miranda, Scott asked me to respond on this question. .Scott thinks separate POs are desirable and doable, and with task-based billing,we are able to separate the expenses by facility to provide clear and reliable cost tracking. Neither of us are averse to unique project numbers, as you've suggested below, if that is possible in this situation. The repairs to the buildings are being treated as a single rehabilitation project. Therefore,Council directed the engineering be solicited and awarded as a single contract. Is it possible to assign two unique project numbers to one contract? If so, I will reissue the project accounting request form(s)for two project numbers. Thanks, Kaylea From: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Sent: Friday,October 09,2020 7:36 AM To:Scott Fleury<scott.fleurv@ashland.or.us> • Subject: RE: Project Number-Workbook attached 3 Hi Scott, Can we please split these up? I don't want to use 1 project number for both. Let's do one for the community center and another for Pioneer Hall. Otherwise, it's going to get very confusing. I would also do separate PO's,etc. I'm not familiar with all the purchasing requirements but I really don't think we should combine them. I'm going to CC: Cindy; obviously, you guys can overrule me but I think we should split them. Thanks, Miranda From:Scott Fleury<scott.fleurv@ashland.or.us> Sent:Wednesday,October 07, 2020 8:39 AM - To: Miranda Iwamoto<miranda.iwamoto@ashland.or.us> Subject: Project Number-Workbook attached • Thanks, Scott A. Fleury, P.E. Interim Public Works Director City of Ashland, Public Works 20 East Main Street, Ashland OR 97520 (541) 552-2412, TTY 800-735-2900 • Fax: (541) 488-6006 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2412. Thank you. • 4 • CITY O F ASHLAND PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER 2020-15 PROJECT TITLE Community Center Rehabilitation PROJECT DESCRIPTION 2020-15: Resolve structural, code and accesibility issues for Community Center 1 � Department Public Works Project Manager Kaylea Kathol Department Head Scott Fleury BUDGET INFORMATION Identify fiscal year/potential splits FY21 FY22 Identify Expense Account 082400.704100 082400.704100 Facilities Capital and Funding Code names Improvement $233,333 TBD DESIGN .100 Engineer Name PO - bid/contract total Change Orders total - Expenses - Remairiing $ - $ - $• Engineer Name • PO bid/contract total Change Orders total • - Expenses Remaining $ - $ - $ Total Design .100 $ - $ - $ - CONSTRUCTION .120 contractor name PO budget estimate bid/contract total changes total $ • - Expenses - Remaining $ - $ - $ contractor name PO budget estimate bid/contract total changes total $ - Expenses - Remaining $ - $ - $ Total Construction .120 $ - $ - $ PERMIT COSTS (Building Dept) .170 budget estimate final costs Total Permits .170 $ - $ - $ • Miscellaneous .999 Daily Tidings Advertising 0 ; Daily Journal of Commerce Medford Mail Tribune - Miscellaneous Costs - Total Miscellaneous .999 $ - $, - $ TOTAL PROJECT EXPENSES $ - $ - $ • CITY OF ASHLAND PROJECT ACCOUNTING WORKSHEET • PROJECT NUMBER 2020-16 PROJECT TITLE Pioneer Hall Rehabilitation PROJECT DESCRIPTION 2020-16: Resolve structural, code and accesibility issues for Pioneer Hall Department Public Works Project Manager Kaylea Kathol Department Head Scott Fleury. BUDGET INFORMATION Identify fiscal year/potential splits FY21 FY22 Identify Expense Account - 082400.704100 082400.704100 Facilities Capital and Funding Code names Improvement $116,667 TBD DESIGN .100 Engineer Name PO bid/contract total • Change Orders total - • Expenses - Remaining $ - $ - $ - Engineer Name PO bid/contract total Change Orders total - Expenses - - Remaining $ - $ - $ - Total Design .100 $ $ - $ ' S CONSTRUCTION .120 contractor name PO budget estimate bid/contract total changes total $ - Expenses - Remaining $ - $ - $ contractor name PO budget estimate bid/contract total changes total $ - Expenses - Remaining $ - $ - $ Total Construction .120 $ - $ - $ PERMIT COSTS (Building Dept) .170 budget estimate final costs - Total Permits .170 $ - $ - $ Miscellaneous .999 Daily Tidings Advertising - Daily Journal of Commerce Medford Mail Tribune - Miscellaneous Costs - Total Miscellaneous .999 $ - $ - $ TOTAL PROJECT EXPENSES $ - $ - $ / Kariann Olson From: Kariann Olson Sent: Thursday,June 16,2022 9:23 AM To: Tami Campos Cc: Kariann Olson Subject: Requisition for Community Center&Pioneer Hall • Hello Tami, Partial a/c#088400. Got the complete a/c#? Project#? Thank you. Kariann Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us Visit the City.'s web site at: www.ashland.or.us This email transmission is official business of the City of Ashland, and,it is subject to Oregon Public Records law for, disclosure and retention. If you have received this message in error, please contact me at(541)488-5354.Thank you. 1 \ • • • • • 1 PERSONAL.SERVICES AGREEMENT (GREATER THAN $35,000) CONSULTANT: ZCS Engineering and Architecture CITY O F ADDRESS: 900 Klamath Ave ASH LAN D Klamath Falls, OR 97601 20 East Main Street Ashland,Oregon 97520 TELEPHONE: 541-500-8588 Telephone 541/488-5587 • Fax: 541/488-6006 EMAIL: stephenc@zcsea.com This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and ZCS Engineering and Architecture, a domestic professional corporation("hereinafter"Consultant"),for design services for the proposed improvements at the Ashland Community Center and Pioneer Hall. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: ' 1. Effective Date and Duration: This Agreement shall becori e effective on the date of execution on behalf of the City, as set,forth below(the"Effective Date"), and unless sootier terminated as specifically provided herein,shall terminate upon the City's afflinative acceptance of Consultant's Work as . complete and Consultant's acceptance of the City's final payment therefore, but riot later than June 30, 2023. V 2. Scope of Work: Consultant will provide design services for the proposed improvements at the Ashland Community Center and Pioneer Hall as more fully set forth in the Consultant's Proposal dated April 26, 2022,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Exhibits; Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the exhibits,or supporting documents. 4. All Costs Borne by Consultant: Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor, equipment, and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that all personnel.assigned to the Work to be performed under this Agreement are fiilly 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 pf Oregon; are so registered,licensed and bonded. Page I of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ZCS Engineering and Architecture • 6. Compensation:'City shall pay Consultantthe sum of$56,671(fifty-six thousand six hundred seventy-one dollars) as full compensation for Consultant's performance,of all Woik under this • Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement:exceed the sum of$56,671 (fifty-six thousand six hundred seventy-one:dollars)without the express,written approval from the City official whose signature.appears below;;or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice: Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase ate Work completed and accepted as of the date of terrnination. 7. Ownership of Work/Doeuments: All documents prepared by Consultant are instruments of service; and Consultant retains an ownership and property interest(Including the copyright and the right of reuse)in such documents,whether or not the project is completed. City shall have limited license to use the documents on the Project, extensions of the Project,'and for related uses of the City,subject to receipt by Consultant of full payment due and owing for all Services and Additional Services relating to preparation of the documents. • S. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235.. 9. Living Wage Requirements: If'the amount of this Agreement is$22,310,46 or more, Consultantis required to comply with Chapter,3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any • Subcontractor who performs 50% or more of the Work under this.Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B"predominantly in areas where it will be seen • by all employees: • 10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its officers, employees,and agents harmless from any and all losses,claims, actions, costs,•expenses,judgments, or • other damages resulting from injury to any person(including injury resultingin death),or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant(including but not limited to,Consultant's employees, agents, and others designated by Consultant to perform Work Or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, actions, costs, or other damages, caused solely by the gross negligence of City. • 11. Termination: a: Mutual'Consent. This Agreement may be terminated at any time by the mutual consent of both parties. • b. City's Convenience. This Agreement may be terminated by City at any time upon not less than thirty(30) days' prior written notice delivered by certified mail or in person. c. For Cause..City may terminate Or modify this Agreement,in wholes or in part,effective upon delivery of written notice to Consultant, or at such later date as may be established by City under any ofthe following conditions: L If City funding from.federal, state, county or other sourcesis not obtained and continued at Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THECITY OF ASHLAND AND ZCS Engineeringand Architecture Agreement or are no longer eligible for the funding proposed for payments'authorized by,this, Agreement; or in If any license or certificate required by law or regulation to be held by.Consultant to provide. the services required by this Agreement is for any reason denied,revoked, suspended,or not renewed. d. For.Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other: Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice,or within such other period as the party giving the notice may authorize in writing, then the Agreement may be terminated at any time thereafter by a written notice,of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every.obligation arid duty under this Agreement. City,by written notice to Consultant of default or breach,may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within thetime specified herein or within any extension thereof. iii. The rights and remedies:of City provided in this subsection(d).are not exclusive and at in addition to any other rights and remedies.provided by law or under this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. 13. Assignment: Consultant shall'not assign this Agreement or subcontract any portion of the Work without the written consent of City: Any attempted assignment or subcontract without written consent of City shall be void. 14. Default. The Consultant shall be in default of this Agreement if Consultant; commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Workers' Compensation. Consultant shall obtain and maintain Workers' Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon Workers' Compensation coverage for its subject workers,unless such employers are exempt under ORS 656.126. If exempt under ORS 656.126, Consultant shall certify such exemption to the City. b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ZCS Engineering and Architecture • c. General Liability insurance with a combined single limit, or the equivalent,of not less.than $2,000,000 (two million dollars)per.occurrence for Bodily Injury,Death,arid:Property Damage. d, Automobile Liability insurance with a combinedsingle limit,or the equivalent, of not less than • $1,000,000 (onemillion dollars)for each accident for Bodily Injuiyand Property Damage,including coverage for owned,hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellatibri,material change,reduction of limits Or intent not to renew the insurance coverage(s)without thirty(30)days'priot written notice from the Consultant or its insurers)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 Insuredson any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement.The consultant's insurance is . primary and non-contributory.As evidence of the insurance;coverages required by this Agreement, the Consultant shall furnish acceptable insurance certificates and endorsements prior to commencing the Work under this Agreement: 16. Nondiscrimination: Consultant agrees that noperson shall, on the grounds of race,color,religion, creed, sex,marital status, familial status or domestic partnership,national origin,age,mental or physical disability,sexual orientation,gender identity or source of income, suffer discrimination in the performance of any Work under-this Agreement when employed by Consultant. Consultant agrees'to. comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,Woman-owned business, a business that a service-disabled"veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as • • required by ORS 279.:11.0. 17. COnsultant's Compliance With Tax Laws: 17.1 Consultant represents and warrantsto the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not'limited to ORS 305,620 and ORS Chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and ' (iii) Anyrules,_regulations,charter provisions, Or ordinances that implement or enforce any of the foregoing tax laws or provisions. • 17.1.2 Consultant,for a.period of no feWer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations,'charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ZCS Engineering and,Architecture 18. Governing Law;Jurisdiction: This Agreement shall be..governed and construed in accordance with the laws of the State of Oregon without regard to conflict of laws:principles: Exclusive venue for litigation.of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each,party expressly waives any and all rights to maintain an action under this Agreement in:any other venue. g 19. Notice. Whenever notice is required or permitted,to be:given under this.Agreement, such notice shall be given in writing to the other patty by personal delivery,by sending via a reputable commercial overnight courier;by mailing using registered or certified United States mail,return receipt requested,postage prepaid, or by electronically_confirmed.at the address or facsimile number set forth below: If to the City: Public Works Attn: Contract Administrator 20 East Main Street Ashland, Oregon 97520 • With a copy to: City of Ashland-Legal Department• 20 East Main Street Ashland, Oregon.97520 If to Consultant: ZCS Engineering Architecture 45 Hawthorne Street, Suite 5 Medford, OR 97504 20. Amendinents. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 0 21. THIS.AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING,BETWEEN TfIE PARTIES. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS,EITHER ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. ' 22. Certification. Consultant shall execute the Certification attached hereto as"Exhibit C"and incorporated herein by this reference. • Page 5 of'6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND ZCS Engineering and Architecture IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly atithorized representatives as of the dates set forth below. CITY OF ASHLAND: ZCS ENGINEERING AND ARCHITECTURE (CONSULTANT): . - • By; By. • Signature Signature 1 Z . JOSC-1) L- l_e6so,r(i Z Printed Name Printed Name Cc's VI a GVer /72, /PA le Title g/2/20_, Z Z Date / Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) Approved as to form • VAN Douglas M McGeary Assistant City Attorney Page 6 of 6: PERSONAL SERVICES A:GREEMENTBETWEEN THE CITY OF ASHLAND AND ZCS Engineering and Architecture • • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating a ment of a living wase. $15.96 per hour, effective June 30, 2021. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer,if the employer has cafeteria plans(including • ten or more employees,and childcare)benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note:. For temporary and employer and the City of $22,310.46. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$22,310.46 or more.. D If their,eniployer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For For all hours worked in a and Recreation Department. more details,please see month if the employee spends Ashland Municipal Code 50%or more of the D In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health,care,retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to.the City Administrator, City Hall, 20 East Main Street,Ashland, OR 97520,or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. C. I T Y 0 -ASHLAND Page I of 1: EXHIBIT B • EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized representatives tinderpenalty of perjury, certifies that(a)the number shown on the attached W-9 • form is its correct taxpayer ID(or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i)itis 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 interestor dividends,or(iii)the IRS has notified it that it is no longer subject to backup withholding.. Consultant further represents,and warrants to City that: (a)it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered,shall be a valid and binding obligation of Consultant enforceable in accordance with its'terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards,and (d) Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty_ of perjury that its business is not. in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. / (1) Consultant carries out the work or services at a location separate from a private • residence or is in a specific portion of a private residence, set aside as the location of the business. 1 (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 withina period of one year. (6) Consultant assumes financial responsibility for defective workmanship or for service riot provided as evidenced by the ownership of performance bonds, warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work or services to be provided. Consu tant's signature Co &A Date • Page I of EXHIBIT C E :N� C �I .NEERI N "'G '_ ` . ARCHITECTURE April 25, 2022 , City of Ashland Public Works 51 Winburn Way Ashland, OR 97520 • Reference: Ashland Community enter and Pioneer Hall Subject: Design Services Proposal (Phase 1 Services) We are pleased to present our proposal for design services for the proposed improvements at the Ashland Community Center and Pioneer Hall. It is our understanding the scope involves the design of structural and building,improvements to both facilities es outlined in the RFP Project Number 2020-15.These projects are important to ZCS, and we are excited to partner with the City for the design services required for completion of the projects. Project.Scope Based on the RFP and previously and previous discussions, Our understanding of the project scope is as follows: • Project addresses and locations are: ■ Ashiand Community Center: 59 Winburn Way, Ashland, OR • Pioneer Hall; 73 Winburn Way, Ashland, OR • Review existing facility documentation. • Review recommendations generated by The Ad-Hoc Committee. • Develop preliminary and final design for improvements utilizing the Ad-Hoc Committees recommendations or propose alternate low-cost solution to defined structural deficiencies. ■ During Schematic Design identify and develop list of additional recommended upgrades to enhance the facilities use. • Develop construction cost estimate for additional recommended upgrades for City Council review and direction. • Development of construction documents for potential additional scope items will be additional services if approved by City Council. • Prepare final civil document packagefor construction along with complete bid documents (final design drawings, specifications, bid quantities, etc.). and assist City in bidding of project. • . Prepare construction schedule and engineers cost estimate(AACE Class 1). •- Prepare and submit any required State Historic Preservation required documentation associated with modifications to the structures. • Attend City Council meetings for discussion and design approval. 127, NW D Street,Grants Pass,OR 97526 • P 541.479.3865 • ZCSEA.com Grants Pass • ;Klamath.Falls • Medford • Oregon City 7'C' Sh1 ' N(3 • Facilitate Pre'Bid conference and provide meeting minutes as necessary. • Issue necessary bid addenda. • Provide technical assistance during bidding. • Review bids,bonds, insurance certificates, construction schedules, alternative bids and other documentation included with the contractors bid. • Prepare bid abstract and unit price comparison and in consultation with City staff, make recommendations for contract award. • Assist City in contract approval presentation to the City Council acting as the Local Contract Review Board. • Our Services _ We have partnered with Construction Focus, Inc. to aid in cost estimating proposed structure and facility improvements. Below is a summary of the services anticipated to complete these projects": Schematic Design.(SD)Services • Establish a kickoff meeting to discuss project schedule, confirm Ad-Hoc Committee recommendations, and review key milestone dates. • Review of available construction documents to identify structural systems and previous renovation and repair work completed. • Site visits to as-built existing structural systems and confirm I identify deficiencies. • Perform preliminary code review to identify deficiencies and ensure compliance with ADA, OSSC, and Jurisdiction Having Authority(JHA) Development codes. • In addition to identifying and resolving structural deficiencies that have closed the Community'Center ZCS will provide a programming and facility assessment to identify and develop list of additional recommended upgrades to enhance the use of the facilities. o Provide construction cost estimate(AACE Class 4/5)for additional recommended facility upgrades for City Council Review. o Design of additional recommended facility upgrades beyond SD will be additional services,an additional services proposal will be provided for additional recommended upgrades approved by City Council. • Develop schematic floor plan and framing plan identifying repair scope of work. • Attend meetings and provide meeting minutes during schematic design phase to review the refinement of the design, materiality, and details with stakeholders. o Includes attending meetings with City Council as necessary to assist City of Ashland,staff presentations to.Council. • Hold 100%SD page turn review meeting with Public Works to review project scope and Obtain feedback. • Provide construction cost estimating (AACE Class 4/5)for defined scope of work, including list of additional recommended upgrades for City Council review and direction. 127 NW D Street; Grants Pass, OR 97526 • P 541.479.3865 • ZCSEA.com2 Grants Pass • Klamath Falls • Medford • Oregon City ZIENGINEERIN'G .0A R e:III Design Development(DD) • Hold collaborative in-house work session to develop rehabilitation scope of work. • Coordinate between disciplines (architectural, structural, civil). • Incorporate 100% SD City Council scope direction into to design package: • Complete code review to ensure compliance with ADA, OSSC, and Jurisdiction Having Authority(JHA) Development codes. • Develop 100% DD drawings set including floor plans, reflected ceiling plans, Interior elevations, architectural finish, fixture, and hardware schedules, code plan, and structural foundation/framing plans as necessary. • Prepare and submit SHPO required documentation in relation to proposed structure and.facility improvements. • Develop outline project specifications.Either sheet or book specifications may be used. Exact format will be determined based upon project needs as design is developed: • Attend meetings and provide meeting minutes during design development phase to review the refinement of the design, materiality, and details with stakeholders. o Includes attending meetings with City Council as necessary to assist.City of Ashland staff presentations to Council. • Hold 100% DD page turn review meeting with Public Works`to review project scope and obtain feedback. • Provide updated construction cost estimating (AACE Class 2/3)for approved scope of work for City Council review and direction. Construction Document Services • Incorporate 100% DD review comments from Public Works and:City Council into design package. • Coordinate between disciplines (architectural, structural, civil). • Develop 75% Construction Document(CD)package including floor plans, reflected ceiling plans, interior elevations, architectural finish, fixture, and hardware schedules, code plan, architectural details, and structural foundation/framing plans and details as necessary. • Develop 75% CD project specifications. Either sheet or book specifications may be used. Exact format will be determined based upon project needs as design is developed. • Provide updated construction cost estimating (AACE Class 1)based on 75% CD package for approved scope of work far City Council review and direction. • Hold 75% CD page turn review meeting with Public Works to review project scope and obtain feedback. • Incorporate 75% CD,page turn review and final team comments, address any conflicts, and review for value engineering strategies as needed. 127 NW D Street, Grants Pass, OR 97526' • P 541.479.3865 • ZCSEA.com 3 Grants Pass • Klamath Falls • Medford • Oregon City • LNGI N EER1 NE 0C S — ARCHIT F.C-NJ E • • Perform in-house quality control peer review and principal architect and engineer review. • Provide complete construction documents and specifications for permit submittal and competitive bid delivery method. • Assist City with preparation Of front-end bid specifications.,as necessary: • Coordinate permit submittal documents:and provide response to local JHA department review comments as needed. Bid and.Permitting':Services • Assist with competitive bid solicitation and selection. • Attend pre-bid meeting at project site and provide meeting minutes. • Issue addenda as necessary. • Coordinate bid documents and provide responseto Request for Information (RFI). • Review bids, bonds, insurance certificates, construction schedules, alternative bids. • Prepare bid abstract and unit price comparison, consult with City Staff,and make recommendations for construction contract award. • Assist City with contract approval recomriendatioh to City Council. Deliverables _ - . The following describes the major deliverable's we anticipate for this phase: Construction Documents • 100% SD Drawing Set for coordination and Owner review • 100% SD Construction Cost Estimate • 100% DD Drawing Set and Draft Specifications for Owner review • 100% DD Construction Cost Estimate • 75% CD Drawing et for Coordination and Owner Review • 75% CD Construction Cost Estimate • 100% CD Drawing Set for Bid and Permit • 100% CD Project Specifications for Bid and Permit • Structural Calculations'Package as necessary Fees • Our services will be performed on a lump sum basis and billed based On percentage of completion unless otherwise noted in the fee schedule. We have attached a fee schedule exhibit showing our project team fees required for the completion Of the projects. Any significant scope changes made by the Owner or required by local review committees after commencement of work affecting design or drawings may be considered extra services and would be billed with your prior authorization. Additionally, it is assumed'that our current insurance coverage will be satisfactory and not required to be increased under the agreement 127 NW D Street, Grants Pass OR 97526 P 541.479.3865 •• ZCSEA.com 4 Grants Pass • Klamafh.Fals • Medford • Oregon City TCS' E1 .A it c7 i-i i r r c i U (Exclusions and Assumptions The following services are not included in the above fee proposal but can be provided upon your request: It is assumed all design phases will take place at the same time at both sites: • Design for scope outside of the.Ad-Hoc committee recommendations is not included in the above scope of work. Ifedditional recommended'scope is approved by City Council, ZCS will provide an additional services proposal for approved added scope. • Design of HVAC, Plumbing, Electrical and Fire Alarm upgrades is excluded.. • Fire Sprinkler, Site Utility, and Low Voltage System design are excluded. • All third=party special inspection fees during construction are excluded. • All Hazmat reporting and abatement scope development is excluded. • All System Development Charges,land development fees, permitting fees,LEED. design and documentation are excluded. • It is assumed that full public utilities are available and adequate on-site..Off-site utility improvements have been excluded. • • Design'revisions-associated with value engineering (VE)after completion of design (100% CD)will be considered additional service and may require additional fee. Please review the above proposal. If you have any questions, feel that we have misinterpreted the scope of work, or feel that the fee proposed is beyond your expectations for this project please contact us so that we can work together to develop an acceptable package for this project.The services outlined above are proposed to be performed on a Lump Sum basis and billed based on percentage of completion. We appreciate the opportunity to submit this proposal.. Sincerely, G Stephen L. Chase Sylas E. Allen, PE Project Manager Principal Enclosure:Appendix'A'—Design Fee Schedules • 127 NWD Street,Grants Pass, OR ;97526 • P 541.4.79.3865 ZCSEA.com 5 Grants Pass • Klamath Falls • Medford • Oregon City 1 E N:G, N jsvci ,A4te Ft 1 T E('..'t R.1:. Z C S • • . • • Appendix 'A' Design Fee Schedule • • • • • • • • • • • • • 127(VW D Street Grants Pass,OR 97526 .P 541.479.-3865 • •ZOSEA.coril 6 Grafts Pass • klamp1408s . Orriqc;ii-City • • • • EEIIN C I N I R I NCS (H T t 15 ASHLAND COMMUNITY CENTER IMPROVEMENTS Schematic Design = Construction Design ;DeVOI6piileiit Dbcurnts . Pern:iitting' Total Programming-& Facility Assessment Services $4,500 $0 $0 $0. $4,500 'Design Services $4,000 $7,000 .$11,000 $3,000 $25,000 ••-•?!':'1 PIONEER HALL IMPROVEMENTS • :Sähnadc Deign & Total , - • Development Documents Perrnitting • Programming & Facility Assessment: Services $3,500 $0 $0 .$0 $3,500. Design Services $1,200 $3,000 $5,500 $3,000 $12,700 COST ESTMIMATING SERVICES Schematic' ' ,e000-obtion . 1..tal Cost Estimating $1,500 $4,235 $5,236 $10,971 • • 127 NW D Street, Grants Pass, OR 97526 • P 541.479.3865 • ZCSgA.dopi - _ Grants Pass Klamath Falls Medford • Oregon City • I a I DATE(Idh11DOlYYY•Y)_ �' CERTIFICATE OF LIABILITY INSURANCE 12116/2021 , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND,CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,'THIS I CERTIFICATE DOES NOT AFFIRMATIVELY OR.NEGATIVELY AMEND, EXTEND OR ALTER. THE COVERAGE AFFORDED BY THE POLICIES I 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 oertifionte holder is an ADDITIONAL INSURED,the pollcy(los)must have ADDITIONAL INSURED provlslons or he endorsed SUBROGATION cortlflatitoIS notWWAIVED:, rsubje t too ho certificate trmand onditIons of the policy,certain policios may require an.endorsement. A,statement on If WAIVED,sub ogl, lne,tot ms and, Ider.in lieu of such nndorselnsnt(s): . _. .._..... . CONTACT PRODUCER (LAME;. •Sally.Wallace . ' _ AssuredPartners 19698 7th.Ave NE,STE 183 PMB11369 PHONE .Exq'3602807456 (Nc.to):360.690-5020 •POULSBO WA 98370-7554 ADDRESS: sally.wallace@assured artners.com . -. INSURER(S)AI'IORDING COVERAGE NAICA • .._. INSURe A:.QBE Insurance Corporation ,39217. ZCSENGI•01 - - _ INSURED IN6URGRO.7 --- - ZCS Engineering Inc - 900 Klamath Ave - INSURER C: . Klamath Falls OR 97601 . INSURERS: INSURER E t . . ... _. ' ._ _ INSURER F COVERAGES • CERTIFICATE NUMBER:18308499. REVISION NUMBER: • -THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED'TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS CERTIFICATE MAY.BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE-POLICIES.,;DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVEBEEN REDUCED BY PAID CLAIMS.• LTR TYPE TYPEOFINSURANCE• AODLSUOR . " - -= - - POLICY EFF-- POLICY EXP LIMITS . 11150 WVO POLICYNUMDER (MMIDDIYYYY) (MMIDWY YY( . COMMERCIALGENERALLIAUILITY EACHOCCUIIIIENCE $ — DAMAGETO RENTED -- PREMISES n occur - PREMISES-(Es ocaononca) 8 MED EXP-(Any ono poison) $ PERSONAL 6ADV INJURY $ I "- GEM. LIMIT GENERALAGGREGATE . $ POLICY nl PRO- I I LOC PRODUCTS-COMP/OP AGO $ 1 , • ' $OTHER . AUTOMOBILELIABILITY COMBINED SINGLE LIMIT $ .Ma occident) • ANY AUTO • BODILY INJURY(Pot porson) $ —OWNED SCHEDULED • BODILYINJURY(PeruccIdanl) $ AUTOS ONLY _AUTOS HIRED NON-OWNED $- AUTOS ONLY —AUTOS ONLY PROPERTY MAGE' (Por sledded') • UMBRELLA 000UR - - EACH OCCURRENCE * - � $ ` a EXCESS LIAeciAIMS•MADE AGGREGATE S DEO I I RETENTIONS - - . . S .. j WORKERS COMPENSATION I PER I I OM. AND EMPLOYERS LIABILITY i ANYPROPRIETORIPARTNERIEXECUTIVE p( NIA EL EACH ACCIDENT - S.. OFFICER111EMDEREXCLUDED? I I I (Mandatory to NH). -E.L,.DSEASE-EA Eh1PLOYEE S IIYos,doscdhoundor E,L,OISEASE'-POLICYLIMIi $ DEW OF OPERATIONS(kW A PratassladalLloti;Cloln:sMado ANE3203101 0/1712021 0/17/2022 PerClolm $2,000,000 Ag rsgaIo 54,000,000 ' 'DESCRIPTION oFOPERA1IOHSI,LOCATIOHSIVEHICLES(ACORD101,Additional Ikka-rksSchadulc,stoyhoollachodifmow spoon Isroot:pad) I Additional Insured Status Is not available on Professional Liability Policy. • • ) CERTIFICATE HOLDER ..CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE;WITH THE Popov PROVISIONS. .. 20 E Maln St. Ashland OR 97520 AUTIIORIZEDREPRESEHTATIVE : US1 ©1980-2015 ACORD CORPORATION. All rIghts reserved. ACORD 25(2016103) Tho ACORD namo and logo aro registered marks,of ACORD 1 . • :---.77;77-1 1 0 1 ACCP.R0DATE(1111410PIYYYY) �l CERTIFICATE OF LIABILITY INSURANCE .101,6/202i ' 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 HE POLICIES ; BELOW, THIS' CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN'THE ISSUING INSURER(S), AUTHORIZED I REPRESENTATIVE OR PRODUCER,,'AND THE CERTIFICATE HOLDER, 'IMPORTANT: If the Oortifidato holdor,Is an ADDITIONAL INSURED,the policy(Ies)'must have ADDITIONAL INSURED proylstons.or he ondorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of°ihe policy,certain poliblas•may require on endorsement, A statement on this bertllleato does.hot confer rights to-the certificate-holdall!)lieu of suoh endorsement(s), CONTACT .. • rRoou`sEl HAM[,, Lesley Hayden _ Great Basin Insurance,'Inc; =tai). Pnx t326"Main Street (A�CtaiO'641-882-5507 541-684 0052' Klamath Falls OR 97601 ADDREss: Lestey,HaydenQgr8basln.coni 1NSURER(S)AFFORDING COVERAGE . NAIC0 , INSURER A:Cincinnati Casually Company • • • 20666 7CSINCO.Dt INSURED INSURER O:.SAIF-COrPofall0n - .. ..._... .. .. -. ..361.96 ZGS,Inc,.. • 900,Klamath Avenue INSIIII C: - Klamath Falls OR 97601 IN UAER a l . .. . . . . . INSURER E. .....:.-.• ._.. •.. . _...... - ... - '. , : ..., .. .-. .. .. _. INSURER F:._. - COVERAGES CERTIFICATE NUMBER:1646464916 " REVISION NUMBER:. . • THIS IS TO CERTIFY THAT-THE POLICIES OF INSURANCE;LISTED BELOW HAVE BEEN ISSUED TO THEINSURED-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 -- - ADDL SUER • - POLICY EPF POLICY EXP - ' LIR TYPE OF INSURANCE. . ISD 4YVD POLICYN (BOER (Mh11DO/YVYY1 DIMIDDIYYYY) , LIMITS A X COMMERCIALGENERALLIAOILITY Y ECP.0443482 6/10/2021 '011012022 EACH OCCURRENCE - $1,000,000 DAMAGE TO RENTED • - � V _ CLAIMS-MADE n OCCUR -PREMISES(Ea ocsurrohco) $1;000,000 ,. ._... __ ,_ MED EXP.(AOyonoparion) S10,000 PERSONAL&ADVINJURY $1,000,000 • , DEN'LAGGIREGATELIMITAPPLIESOER: GENERAL AGGREGATE $2,000,000 • —5C1 1- I I JEOT" 1I ^ I POLICY LOC PRODUCTS COMp10pAss 52;000,000 OTHER: .. _ 1__ A AUTOMOBILE ECP 0443402 6012021 0110/2022 $1,000,000ONelE0tsGLLIMIT ANY AUTO . BODILY INJURY(Par parson) $ I' OWNED x-SCHEDULED BODILY INJURY(Ps naCidonl) S AUTOS ONLY _AUTOS" HIRED NON-OWNED • PROPERTY DAMAGE , S X X (Par necldonl) AUTOSONLY _ AUTOS ONLY • _ $ A X UMDRELILLIA] X ECP 0443402 -6119/2021 6/19/2022 EACH OCCURRENCE .. $2,000,000 • OCCUR _ 1 EXCESSLIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTIONS. • $ B WORKERS COMPENSATION ' '925030 - 1/1/2021 ' 111(2022' X PER 0TH; AND EMPLOYERS'LIAItILITY STATUTE Fr- AND -- - -- ANYPROPRIETORIPARTNERIEXECUTIVE Yj 1(!A - EL.EACH ACCIDENT $500,000 OFFICER/MEMBEREXCLUDED? I J - (Mandatory In NH) E,L.DISEASE-EA EMPLOYEE $500,000. • II yes, 6Nodor DESCRIPTION OFOFENATION56olow - EL.DISEASE-POLICYLIMIT $500,000 • _DESCRIPTION OF OPERATIONS ILOCATIONS/VEHICLES(ACORD 101,Atdlllonal Roniorho Schadalo,may Do nllachod If n oro space Is raqulrod) Project:Alice Pell Staircase City of Ashland,Oregon,and Its elected officials,officers and employees are named as Additional Insureds for General Liability covered by the policy when' required by written contract per the conditions of the Contractors Additional Insured endorsement GA 472 09.18. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE; THE EXPIRATION DATE THEREOF,,NOTICE WILL DE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East MainStreet • AIITHORIZEDREPRESENTATIVE Ashland OR 97520 • GG��r. �Xn,ti 4/ ©1980-2015 ACORD CORPORATION.All rights reserved, ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD it • . „. • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . . .. . . ! CONTRACTORS ADDITIONAL INSURED -.AUTOMATIC STATUS • AuUIRTEODMIANTvvICRINITTAIEVNERCOONFTSRAUBCRTO;GAAGTRIEOEN WHENRAGREEMENT, AND 1 PERMIT ORAUTHORIZATION . . This endorsement modifies insurance provided under the following: , . COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Inettred - Owners, Lessees Or eluded in the "products-completed Contractors - Automatic Status For Other Operations hazard",but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement Is attached pro- 1. Section II -. Who Is An Insured Is vides coverage for"bodily injury" amended to Include as an additional In or "property damage" Included . sured any person or organization you within the "products completed have agreed in writing in a contract.or operations hazard',and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written seri(s) or organization(s) is an additional agreement requires you to pro insured only with respect to nobility for: vide additional insured coverage included within the "products- , a. "Bodily Injury' "property damage" or completed operations hazard" "personal and advertising. Injury" for that person or organization. caused, in whole or in part, by the - - performance of your-Ongoing Opera- if the written Contract or Written Vohs by you or on your behalf,Under agreement requires you to provide .. • 'that written contract or written additional insured coverage Included agreement.Ongoing operations doe's • within the "products completed goer- net apply to"bodily injury"or"proper- aliens hazard"for a specified length ty damage"occurring after:: of time for that person or orgeniza- Lion, the "bodily injury" or "property • (1) All work, Including materials, damage"must ocCur prior to the ax parts or equipment furnished In piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, Maintenance or repairs) to be If the written contract or written performed by or onbehalf of the agreement' requires you to provide ' additional Insured(s)at the boa- additional insured Coverage- for a ., . don of the covered operations person or organization per only ISO has been completed;or additional Insured endorsement form number CG 20 10,without specifying (2) That portion of'your work"out of an edition date, and without speCift7 . , .. . , which the Injury or damage aris- ' daily requiting additional insured I , es has been put to its Intended coverage Included within the "prod- uce by any person or organiza- •Udte-doriipleted operations hazard', tion other than another centred- . this Paragraph b. does not apply to tor or subcontractor engaged In that person or organization. perfomiing operations for.a prin- cipal as a part of the same pro- , 2. If the written contract or written agree- ject;and ment described in Paragraph 1. above . specifically requires,you to provide addi- b. "Bodily Injury" or "property damage" tional Insured coverage to that person or caused, In whole or in part, by'Your organization: work" performed under that written contract or written agreement and In a. Arising put of your ongoing opera- tiOnS or arising out of your work";or Indludes copyrighted material of Insurance , GA 472 09 18 Services Office,Inc,with its permission. . Page 1 of 3 • , . , . 1 b. By of ari edition Of an ISO addi- 2. With respect to the insurance afforded to i tional 'Insured endorsement that in- the additional insureds described in Para- 1 cludes, arising out of your ongoing graph B.1„the following additional exclu- oper'ations or arising outof 'your stens apply; work"; This insurance does not apply to: then the phrase caused, in whole or In • part,.by in Paragraph A.1.a „;.and/or Para- a, "Bodily'injury "property.damage„ or 1 graph A.1..b,above,whichever applies,is personal and advertising Injury”aris- replaced by the phrase arising out of. Ing out of operations performed for the federal government,state or mu- i 3. With respect.to'the insurance afforded to nicipaiity;or the additional insureds described in Para- graph A.1,,the following additional exciu- b. Bodily Injury „or' properly damage” sion applies: included within the "products- completed operations hazard. This insurance does not apply.to "bodily ' Injury; 'properly damage" or "personal C. The in insurancePafforded to additional ditid ioonal insureds and advertising Injury" arising out of the rendering of, or the failure to render, any 1; Only applies to the extent permitted by professional architectural, engineering or law;and i. surveying services,including: 2. Will not be broader than that which you a. The preparing,approving or failing to • are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings,opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw al insured;and Ings and specifications;or bSupervisory, coon, architectural 3. Does not apply to any person, organiza- . Su p y pe tion, state, governmental agency or sub or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional Insured for the against any insured allege negligence or same project In the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing,employment,training or monitoring of D. With respect to the insurance'afforded to the others by that Insured,if the"occurrence" additional Insureds described In Paragraphs which caused the"bodily injury"or"prop- arty damage", or the. offense which A.and B., insurance:following Is added to Section III Limits Of caused the"personal and advertising inJu F ry", involved the rendering of, or the fall- The most we will pay on behalf of the addi- ure to render, any professional architec- tional Insured is the amount of insurance: tural,engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A,does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. B. Additional Insured State Or Governmental and B:;or Agency Or Subdivision Or Political Subdi. 2. Available underthe applicable Limits of vision -Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is This endorsement shall not increase the appll • - sured any state or governmental tal agencyy amended to include asan additionali . cable Unfits of Insurance shown in the Decla- or subdivision or political subdivision you rations. have agreed in wriling 1n a contract, E. Section IV - Commercial General Liability agreement,permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part.Such state or governmental agency Automatic Additional Insured Provision, or subdivision or political subdivision Is an • I additional insured only with respectto op- r his Insurance applies only if the "bodily�inju- y erations performed by you or on your be- "property do mage occurs, or the per- , half for which the state or governmental conal and advertising injury' offense Is corn- .agency or subdivision or political subdivi- milted: cion Issued, in writing, a contract, agree 1. During the policy period;and i Ment,permit or authorization. i I includes copyrighted material of Insurande GA 472 0918 Services Office, hip.,with its pertnission. Page 2 of 3 I 1 • J Y 2. 8.ubsequentto your execution:of the writ-. As used in this endorsement, wrap-up Insur- ton contract or written agreement, or the ance means any insurance provided by a con Issuance of a written,permit or written eu- solidated(wrap-up)Insurance program. thorization, described in Paragraphs A. and B, Primary And Noncontributory Insurance When Required By Written Contract, F. Except when G.below applies,the following is Agreement,PerinitOrAuthorization 'added to Section IV - Commercial General Liability Conditions, 5. Other insurance, Except when wrap-up Insurance applies to the and supersedes any provision to the contrary: claim or "suit" on behalf of the additional in- sured,this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies•On An Excess Basis available to the additional insured described in This Insurance Is primary to other Insurance Paragraphs A.and B.provided that: availabletothe additional insured described in 1. The additional insured is a Named,In- Paragraphs A.and B.except: - sured under such other Insurance;and 1. As otherwise provided In Section IV 2. You have agreed in writing In a contract, C,orrmercial General Liability Condi- agreement, permit or authorization de- tions,5.Other Insurance,b.Excess In- scribed in Paragraph A.or 13.thatthis in- surance;or surance would be primary and would not 2. For anyother valid and collectible insur- seek contribution from any other Incur- ance available to the additional insured. ance available to the additional insured as an additional Insured by attachment of an As used in this endorsement, wrap-up insur- endorsement to another insurance policy ance means any Insurance provided by a con- that is written on an excess basis. In such solidated(wrap-up)insurance program. case,this insurance Is also excess. H. Section IV - Commercial General Liability G. The following Is added to Section iV -Com- Conditions, 9. Transfer Of Rights Of Re- mercial 'General Liability Conditions, 5. cove Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary": We waive any right of recovery we may have Primary Insurance When Required By Writ= against any additional insured under this en- ten Contract, Agreement, Permit Or Aur dor-Seiner-it against whom you have agreed to thorization waive Such right of recovery in a written eon- tad,written agreement,written permit or writ- Except when wrap-up insurance applies to the ten authorization because of payments we claim or "suit" on behalf of the additional In- make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or'your work"done under insurance available to the additional insured a written contract, written agreement, written described In Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the"occur- 1. The additional Insured is a Named In- rence" giving rise:to the injury or damage for sured under such other insurance;and which we make payment under this Coverage Part.The Insured must do nothing after a loss 1 2. You have agreed in writing In a contract, toimpair our rights.At our request,the insured agreement, permit or authorization de- will bring "suit" or transfer those rights'to us scribed in Paragraph A.or B.that this in- and help us enforce those rights. surance would be primary to any other in, surance available to the additional in- sured. ' I Includes copyrighted material of Insurance GA 472 0918 Services Office,Inc.,with its permission. Page 3 of 3 i • • • • REQUEST FOR PROPOSALS QUALIFICATIONS BASED SELECTION Professional Architectural & Engineering Services for PROJECT NO. 2020-15: ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS PROJECT NO: 2020-15: PROJECT TYPE: Professional Architectural &Engineering Services PROPOSALS DUE: February 10,2022, not later than 2:00 PM PST SUBMIT PROPOSALS TO: . City of Ashland Public Works- Engineering,at 51 Winburn Way, Ashland OR 97520; or by mail to: 20 E. Main Street,Ashland,OR 97520 CITY PROJECT MANAGER: Scott Fleury P.E., Public Works Director PROJECT DURATION: Phase 1: Preliminary&Final Engineering(8 months) Phase 2: Construction Management(10 months) Pr/ • CITY OF ASHLAND PUBLIC WORKS ENGINEERING 20 E.MAIN STREET • ASHLAND OR 97520 • • / 541/488-5587 TABLE;OF CONTENTS TABLE OF CONTENTS. - 1 ADVERTISEMENT SECTION:1-PROJECT OVERVIEW:: ...:.::. ..::..... ,.:.. ,.::. „....._,. 4 1:1 OBJECTIVES 4 1.2 BACKGROUND INFORMATION 5 1.3 REFERENCE DOCUMENTS 5 SECTION:2-SCHEDULE. ... 6 SECTION 3-SCOPE OF SERVICES ,.... .. 3.1 GENERAL REQUIREMENTS 6 3.2, SPECIFIC REQUIREMENTS 6 SECTION.4-EVALUATION CRITERIA 8 4.1. PROJECT APPROACH (20 POINTS POSSIBLE) 8 4.2 PROJECT EXPERIENCE (20 POINTS POSSIBLE) 8. 4.3 PROJECT TEAM EXPERIENCE (30 POINTS POSSIBLE) 8 4:4 PROPOSER'S DEMONSTRATED.ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET (30 POINTS POSSIBLE $ 4.5 TERMINATION FOR DEFAULT (PASS OR FAIL) 8 4.6 SCORING 9 SECTION 5=EVALUATION PROCESS AND CONSULTANT SELECTION 9 ` 5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS 9 5.2 RIGHT OF REJECTION 9 5.3 REFERENCES .. 10 5.4 RESPONSIBILITY 10 5.5 CLARIFICATION OF RESPONSE • 10 5.6 INTERVIEWS , 10 5.7 FINALIST SELECTION 10 5.8 TIES AMONG PROPOSERS 11 5.9 NOTICE OF INTENT TO AWARD 11 5.10 CONTRACT NEGOTIATION 11 5.11 PROTEST PROCEDURES 11 5.12 RESULTING CONTRACT 12. SECTION 6-CONTRACT 12 6.1 CONTRACT FORM. .., 12 6.2 BUSINESS'LICENSE REQUIRED 13 6.3 INSURANCE REQUIREMENTS 13 6.4 LAWS AND REGULATIONS 14 SECTION 7-INSTRUCTIONS TO PROPOSERS 14 7.1 GENERAL 14 7:2 INFORMATION OF RECORD 14 7.3 PROPOSAL PREPARATION AND FORMAT 14 7':4 SIGNATURE ON PROPOSAL 14 7.5 PREPARATION COSTS 15 7-.6 CONFORMANCE TO SOLICITATION REQUIREMENTS 15 7.7 DEFINITIONS 15 • • 7.8 QUESTIONS AND CLARIFICATIONS • - 7,9 PROTEST or REQUIREMENTS - • -• 16 • 7.10 PROTEST OF CONTRACT AWARD 16 7:11 PROPOSAL MQDII-CATION .... ...;. .. ...... ........... ................... ..... ... . 7.12 PROPOSAL WITHDRAWALS _ 17 7.13 PROPRIETARY INFORMATION • 7.14 TERMS AND CONDITIONS ................ ... .... . . . ...,•,••••.•!,...•.. .•....7.•••.•17 7.15 PROPOSAL OPENING • • SECTION 8-PROPOSAL FORM ......... ... .......................... ...... . .. ... . . .. 19 APPENDIX A-CONTRACT FORM iNttuoiNp t>0,-143t 0,pktigifT( . _ „ . , 11 APPENDIX B-FORM W-9 •• • • • • • • • • • • • • • • • • • • • • • • 2 • Ir ADVERTISEMENT CITY OF ASHLAND PUBLIC WORKS—REQUEST FOR PROPOSALS QUALIFICATIONS BASED.SELECTION for PROFESSIONAL ARCHITECTURAL&ENGINEERING.SERVICES The City of Ashland (City) is seeking Proposals for professional architectural and engineering services for Project 2020-15: ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS.The,purpose of this project is for a consultant teamto provide final design plans,specifications,and estimates(PS&E) along with construction management services for the structural improvements for both facilities. This project will include the following phases: PHASE 1: Preliminary&Final Engineering,Cost Estimating,Specification Development and Bidding Services PHASE 2: Construction Management Services Proposals must be physically received by February 10,2022,not later than 2:00 PM PST(main lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way,Ashland OR, 97520,or by mail at 20 E.Main Street,Ashland,OR 97520. Proposers mailing Proposals should allow normal delivery time to ensure the timely receipt of their,Proposals, Any Proposal received after the date and time set for receipt of Proposals will not be considered and will be returned to the proposer unopened. For further information,contact the City's Project Manager,Scott Fleury P.E., Public Works Director at 541/488-5587 or by email at scott.fleury@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for professional architectural and engineering services in a form substantially similar to the one provided in this RFP. Proposal documents may be downloaded from the Oregon Procurement Information Network(ORPIN). Any addenda that may be issued relating to this RFP will be available.from ORPIN,and potential proposers are cautioned to continuously monitor the site for update and addenda. All Proposals shall ibe submitted as set forth in Section 7-Instructions to Proposers. The City is not responsible for Proposals submitted in any manner,format,or to any delivery point other than as required by this RFP. Proposals shall be limited to eight(8) pages and must include the services of a Professional Engineer registered in the State of Oregon. Consultant selection will be based upon weighed criteria as set forth in this Request for Proposals and will include criteria including, but not limited to: similar project experiences,general experience, staffing availability,schedule,and response time. The City of Ashland reserves the right to cancel this procurement or reject any and all.Proposals in accordance with ORS 279B.100. Scott Fleury,PE, Public Works Director . First date of solicitation: January 11,2022 RFP for Project No.2020-15 3 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS REQUEST FOR PROPOSALS—QUALIFICATIONS BASED SELECTION PROJECT NO.2020-15: ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS SECTION 1-PROJECT OVERVIEW 1.1 Objectives The City of Ashland(City)is seeking written.Proposals frorn professional engiheering/architectural consultants for Project No,2020-15:ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS.The purpose of this project is for a consultant team to provide final design plans, specifications and estimates (PS&E)along.with construction management services for the project.The City of Ashland established the Pioneer Hall and Community Center Ad-Hoc Committee to review the condition of both structures and make recommendations towardsthe least cost alternatives.The recommendations are detailed in the Ad=Hoc Committees report,which can be found as reference document in section 1.3.The project will include,but is not specifically limited to,the following tasks and phases: The project will include, but is not specifically limited to,the following tasks and phases*: 1.1.1 PHASE 1: Preliminary&Final Engineering,Cost Estimating,Specification Development and Bidding.Assistance • Review recommendations generated by the Ad-Hoc Committee • Develop preliminary and final design for improvements utilizing the Ad-Hoc Committees recommendation or propose an alternate low-cost solution to defined structural deficiencies • Prepare final civil document package for construction along with complete bid documents(final design drawings,specifications, bid quantities,etc.)and assist,City in the bidding of the project. • Prepare a construction schedule and engineers cost estimate(AACE Class 1) • Prepare and submit any required State Historic Preservation required documentation associated with modifications to the structures • Facilitate Pre-Bid conference and provide meeting minutes as necessary • Issue necessary addenda • Provide technical assistance during bidding • Review bids,bonds, insurancecertificates,construction schedules,alternative bids and other documentation included with the contractors bid • Prepare bid abstract and unit price comparison and in consultation with City staff, make recommendations for contract award. • Assist City in contract approval presentation to the City Council acting as the Local Contract Review Board. 1.1.2 Phase 2:Construction Management Services • Provide technical assistance and coordination with the City during construction • Conduct pre-construction conference • Provide a project inspector to be on site when needed to monitor and ensure compliance with the design and specification documents • Assist the City with preparation of any necessary change orders • Provide review and approval of all required submittals • Develop construction inspection records as necessary and submit copies to City • Conduct construction meetings with project manager,contractor,inspectors,and City personnel as needed 4 ^ 4, . / • prep$neo»smnstruCted tiraWing8 and complete all reqiird project close-out dpcurtentation. ~ Prepare all necessary operations manuals and provide operator training for new ancillary systems(18/AC,�t�^) IA final,comprehensive task-specific scope and fee schedule will be eitvtand the selected con5ultinq firm. Eachfatility will haVe oWn independent seoPe and fee sdxfu/gfor the the chi,will determine ���o�m��e for������s� discretion. It is anticipated that the same approved consultant team will complete all phases of-the project. Each phase w |behegotidtgdohdawar6edsebar$telythroUoho CitV Of AhIand Contract for ersoriaI Services; HuWaer,8yvBydof Phase I,does not specifically guarantpe8Ward»fPha,5eto the al-]e enginee[/arthitectura|,firm o[toam. If the City pc,so chooses,the City may select a different consultant for subsequent phases through a separate formal selection process. 1.2 • Background|nfOnVatiqn . The CoMmunity Center and Pioneer Hall are both civic buildings owned by the City of Ashland and utilized for numerous community events. Both buildings require structural improvements and functional improvements to the mechanical,electrical and plumbing s‘,/ tems(MEP). In addition,eadh faCility should be denedtV8zuonlmodote|ndkddua6m/ithdisabUitkeand 8omp|yWith the Al)A. PionegrHo|| a logcabinstructurethatwms originally originally constructed'in 1890 and has had minor additions anclimprovements over the years. Pioneer Hall is xented and utilized for both public and private events. A structural evaluation and architectural code evaluatiOn have been perferrned On Pioneer Hall and are aVailable through the reference dpcumsents act|on' ' ThaCommunityCenterisaNabona|RegigevedHktohoBui|dingthatwasuriginu||ycomtruotedinl921- 1922aoaVVomon's Civic Improvement C b.Thebui|dinOvvasremo6e|edih1g8S.ThoComnouhhv Center is rented and utilized for both public and private'events.A ti'lletural eValuation for thafacility has been completed and is available through the reference documents section. 1.3 Reference Documents The City's Pioneer Hall and CornmUhityCenter Ad-Hoc Conimittee final report is available here for review: https://wwmiasb|and.orus/SB/f|es/09Z1� 2821 Community Center and Pioneer Hall Ad' HocCommittee Recommendations RNAL(1).mdf PreviOusstructural assessmeMtDdohefor bOthbu,iNineare ilable at rus/� Fod CCF�o|.pdf. Additional information wilbp proved to the elected consultant through a request for information process. - - - — – - b I 4 SECTION 2-SCHEDULE The schedule of events listed below represent City's estimated schedule for this request for proposal. This schedule is SUBECTTO CHANGE and will,be adjusted as required. EVENT DAILY COUNT(CALENDAR DAYS) DATE 1. Request for Proposal;Released 0 1/11/2022 2. Last Date for Request for:changes/Protest 10 days prior to Proposal Closing 1/31/2022 for Specifications/Questions 3. Last Date.forCity to Post Addenda 3 daysprior to Proposal Closing 2/7/2022 4. Closing bate(last day to,Submit Proposals) ^'30 days afterProposal"Release 2/10/2022 5. R'esponses.Evaluated -15 days after Closing Date 2/25/2022 6. Interviews Held(if necessary) "25 days after Closing Date 2/28/2022, 7. Intent to Award Announced ^30 days after Closing Date 3/7/2022 8. Contract Negotiations ""40,days after Closing Date 3/14/2022 9. Expected Project Completion.(all phases) 18 months after Contract Award 8/1/2023 SECTION 3-SCOPE OF SERVICES 3.1 General Requirements • Personnel,.Materials;&Equipment:The Consultant shall provide qualified and competent personnel and Shall furnish all supplies,equipment,tools and incidentals required to accomplish the work. All materials and supplies shall be of good quality and suitable for the assigned work. • Safety Equipment: The Consultant shall provide and use all safety equipment including,and not limited to hard hats,safety vests and clothing required by State, Federal regulations and Department policies and procedures. • Professional ResponsibilitiesThe Consultant shall perform the work using theistandards of care, skill and diligence normally provided by a professional in the performance of such services in respect to similar work and shall comply will all applicable`codes and standards. • Project Management: The Consultant and the City staff will meet as required during project duration. The objectives of the meeting will include reviewing the scope, budget,schedule and deliverables.The Consultant will organize and Manage'the consultant project team and coordinate with city project manager and City staff. • Monthly Invoices.and Progress Reports:The Consultant shall prepare monthly invoices and progress reports including the following: - Work Completed during the month by work task as a percentage of completion. - Needs for Additional Information, Reviews,or Charges to the Scope of Work: - Scope,schedule, and Budget Issues and Changes. 3.2 Specific Requirements The City of Ashland (City)is seeking professional consultant services for Project No.2020-15:ASHLAND COMMUNITY CENTER AND PIONEER HALL IMPROVEMENTS.The purpose of this project is for a consultant team to provide preliminary and final design plans,specifications and estimates(PS&E)along with construction management services for the project. 3.2.1 PHASE 1: Preliminary&Final Engineering,Cost Estimating,Specification Development and Bidding Assistance - 6 • 4. This phase includes preparation of finalengineering documents and associated cost estimates for each facility. • • Provide a project manager to oversee project and all-contractual phases • Review existing facility documentation • Review recommendations generated by the Ad,Hoc'Committee • Develop final design for improvements utilizing the Ad-Hoc Committees recommendation propose an alternate low cost solution to defined'structural deficiencies • Prepare final civil document package for construction along withcomplete bid documents(final design drawings,specifications, bid quantities,etc.)and assist City in the bidding of the project. • Prepare a construction schedule and engineers cost estimate(AACE Class 1) • Prepare and submit any required State Historic Preservation required documentationassociated with modifications to the structures Attend City Council meetings for discussion and approval design • Facilitate Pre-Bid conference and provide meeting minutes as necessary • Issue necessary addenda • Provide technical assistance during bidding • Review bids, bonds,insurance certificates, construction schedules,alternative bids and other documentation included with the contractors bid • Prepare bid abstract and unit price comparison and in consultation with City staff, make recommendations for contract award. • Assist City in contract approval presentation to the City Council acting as Local Contract Review Board . 3.2.2 PHASE: Construction Management Services - I During the constructionphase of the project,the consultant will assist the City in monitoring and documenting all,construction performed by the contractor. The following duties will be performed by the consultant: Provide technical assistance and coordination with the City during construction. • Conduct pre-construction conference. • Provide a project manager to oversee all phases of the:construction and to: a. Coordinate with City on a regular and continuingbasis. b. Monitor and document construction progress. c. Confirm conformance with schedules, plans,and specifications. d. Measure and document construction pay quantities. • e. Manage and respond to RFIs. f. Document and process required design changes and change orders. • Provide a project inspector to be on site on when needed to monitor all phases of construction and document all quality control testing., • Prepare any necessary change.orders. • Provide review and approval'of all submitted shop drawings and equipment submittals. • Maintain continuous construction inspection records and submit copies to City. • ' Conduct weekly construction meetings with project manager,contractor,inspectors,and City personnel. 7 • Prepare as-constructed drawings and complete all requiredproject close-out documentation. • Prepare all.necessary operations manuals and provide operator training for new ancillary systems(HVAC,etc.). SECTION 4-EVALUATION CRITERIA • Written Proposals will be evaluated and scored and a contract may be awarded based upon the proposer's qualifications and experience as described below: 4.1 Project Approach (20 Points Possible) Provide a description of your firm's approach to completing renovations and repairs to civic buildings. Includea summary of prior partnerships with the City of Ashland if any. Include a summary of your quality control program. 4.2 . Project Experience (20 Points Possible) a. Describe how your firm is organized and how its resources will be utilized to complete the work. b. Providea summary of relevant work experience associated with Civic Building renovations and repair. c. Provide a concise description of at least three(3) projects in the last ten(10)years,involving_ similar work to those listed in the scope of work. d. Indicate which members of the proposed project team, if any,who worked on the example projects,and their involvement. These team members should be included in the Key Persons list submitted in 4.3(b) below. e. Submit references for three of the projects described above. Include the Ownersname, organization name,contact name,contact email and phone. 4:3 Project Team Experience (30 Points Possible) a. Provide a description of the proposed organizational structure to be used for the project. b. Provide a list of the key staff proposed for this project("Key Person(s)"). Be specific on the individuals that will play primary roles in development of the required engineering and their experience working with municipalities on building renovations and repair projects. Provide a concise summary of each key person(s)'s role,and a description of their relevant experience for this project. c. Submit resumes that support each Key Person's relevant experience.No more than five resumes should be submitted as Appendix A and will not count against page limit. • d. Indicate which individual will manage the project and bethe primary contact. Indicate the specific experience this individual has managing project similar to the proposed civic building improvement project. e. State the estimated proportion of each Key Person's time that will be spent on City's project vs. total time spent on all Key Person's projects during the term of contract. 4.4 Proposers Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget (30 Points Possible) For each of the three(3) projects listed in response to 4.2(c),provide a discussion of whether the project was completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions,and what attempts were made to bring the project back on schedule and within budget. 4.5 Termination for Default (Pass or Fail) Proposers shall indicate if•they have had a contract terminated for default in the last five years. Termination for default is defined as notice to stop performance that was delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of performance was either(a)not litigated due to inaction oh the part of the Proposer,or(b) litigated and determined that the Proposer was in default. _ - 8 1 " NOTE: If a Proposer has had a contract termina'ted for default in this period,then the Proposer shall submit full details including:the."other party's name,address and phone number. City of Ashland will,evaluate the facts and May,at its sole discretion, reject the Proposal on the,grounds of past performance. • 4.6 Scoring CATEGORY POSSIBLE POINTS SCORING 1. Project Approach 20 _ 2. ProjectExperience 20- 3: ;ProjectTeam Experience 4. Demonstrated Ability to Successfully 30 Complete Projects on Time and Within Budget 6. • Termination for Default P/F - Total . 100 SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION • Proposals will be reviewed and evaluated by an evaluation committee Of revieWers consisting of at least three City employees. The total number of points,possible for written Proposals is 100,and an additional 100 points may e'scored through the interview process. 5.1 Review and Acknowledgment'of Defective Proposals Due to limited resources,City generally*ill not completely review,or analyze Proposals that on their faces fail to comply with the minimum mandatory requirements of the'solicitation documents nor will City generally investigate the references or'qualifications of such proposals. Therefore,City will not acknowledge whether or:not an unsuccessful Proposal was complete,responsive, responsible,sufficient, or lawful in any respect. This is.a public solicitation,the processes and procedures which•are.established and required by:Oregon law and City-adopted rules. Proposers are advised to strictly follow the process, procedures,and requirements as set forth inthis RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein. 5.2 Right of Rejection • Proposers must comply with all terms of this RFP and all applicable federal,state,and local laws, administrative rules,and regulations. The City may reject any Proposal that does not comply with all of the material and substantial terms,conditions,.and performance requirements of this RFP. Proposers may not qualify the Proposal nor restrict the rights of the City. If a Proposer does so,the City may determine the Proposal to be a non-responsive.counter-offer,and the Proposal may be rejected. Minor informalities that may be waived include those that: • do not affect responsiveness, • are merely a matter of form or format, • do not change the relative standing or otherwise prejudice other Offers, • are trivial, negligible,or immaterial in nature, • do not reflect a material change in the work,or, • do not constitute a reservation against a requirement or,provision. The City reserves the right to refrain from making an award if the City determines that to be in its best interest. A Proposal from a,debarred'or suspended Proposer shall be rejected. 9 ° 4.„ 'References . . The City reserves the right to iany and all tes and the pat perfOrtnance infortnation provided in the Proposal with respect to the %uccesSfp|performance ofdmUar| rojects, compliance With spes and contractualpb1 ,completion or delivery of a project on a schedule,and lawful payment of employees and workers. The reserves the right to check any and ahy and all sburçës for ihformatio.n on performance,indmdinguourdes other than the references provided in the proposer'sProposa1. The City may consider information availablefrom any source, including government bodies and regulatory authorities. 5.4 The City reserveS the right to investigate and evaivate,at any time prior to award anc.1 execution Of =--~ct,the`r, ~ '--ccessful---- ''' responsibility for performing-the signed Proposal shall constitute approval for approval for City to obtain anyinfonhatk>n to oonduutevalUat1oh City-reserves the right to request additional information or documentation from the successful Proposer prior tp award of contract Such information may include, but is not limited to, uurrqntan6 reuen+bu|a"cesheets income statements,cash flow statements1or'operfOrmancebond from an acceptable surety. Failure to provide this information will result in rescission of City's l,iten to Award. ` city may ppstpone the award of contract after announcement of the apparent succesSfulPn,pbserin orderto complete its investigation and evaluation. Failure of the apparent siccessful Proposert0 demonstrate responsibility shall render the Propdser non-responsible and shall constitute grounds for rejection of the proposal. 5.5 Clarification of Response City reserves the right to request clarification of any item in any Proposal,Or to request additional information necessary to properly evaluate a particular Proposal. All request for clarification and reSponsesoho||be in writing. During the evaluation of Proposals, Proposers must respord to any réuest for clarification from the Evaluation Committee within 24 hours of request(Monday through Friday) Inability of the Evaluation Committee to reach a Proposer foP clarification and/orfailure of a Proposer to respond within the time stated hiay°result in rejection of the Propose 's Proposal. , 5.6 Interviews The outcome of the Proposal evaluations may result in placement onapinterview(short-Uated)with time and date ofthaiOterview. Should City elect to hold interviews,the total additional points possible. � . fortheinterViewwU|be1OO. City may invite up to three(3)of the highest-ranked firms(or ata natural break in scoring)to interview.. The Firm's Key Persons, as identified by City shall be prepared to attend the interview within five(5) businessdays of notification by City,and shall be prepto answer questions provided wIth the Interview Invite letter,and question§that Will be prOvided at the time of the interview,\arid discuss the Firm's proposed project approach. 5^7 Finalist ml The firm with the highest total score as a result of written Proposal scoringând interview scoring,if conducted,will be COnsidered the FinaliSt,arid all other firms wi.11 be rpnked according to next highest Score etc. 10 . 1 . ose eking of potential firms,that two-or more of them are equally qualified to ` t�„Q'oe'�Are/.a candidate through any process that the City believes will.result in the sag0.04 esa azA`-�unt the scope, complexity and nature of the Work: The process shall-instill -(\e <ç*•Ga \, hical and fair dealing,honesty and good faith on the part of City and g ae'te s\st,;c���`,''the integrity of the Public contracting process. 5 L�� *�ra of a e'J c \ \P ,fa a\\)e�(�de. . r choosing the Finalist between two'or more equally qualified candidates; \Noes�y c.,c° a�`as ference to a local consulting firm. ' \) ` Seth QtoQ�,a/`lo Award . hof the evaluation and ranking,the City will issue a written Notice of Intent to 5'9 Finalist,and will send copies to all Proposers. ' After til Awayf-t1egotiation 5,I; /negotiating the fees for the project,along with expanded scope of work detail,with the C� ed Proposer and specifically,conduct direct negotiations toward obtaining written ,� on: a) Contractor's performance obligations and schedule;and any expansion of the Scope of Work. b) Contractor's fees,payment methodology,,and a maximum amount payable to Contractor for the Work required under the Contract that is fair and reasonable to City determined solely by City,taking into account the value,scope,complexity and nature of work. c) Any other provisions City believes to be in the City's best interest to.negotiate. d) Initial negotiations Will be based upon Contract Phase 1. City shall,either orally or in writing,formally terminate negotiations with the highest ranked Proposer if City and Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City may thereafter negotiate with the second ranked Proposer,and if necessary,with the third ranked Proposer,and so on,until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract within a reasonable amount of time,as determined solely by City, City may end the particular formal solicitation. Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described in the RFP that failed to result in a Contract. c, 5.11 Protest Procedures City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked Proposers failed tomeet the requirements of the RFP or because the higher ranked Proposers otherwise are not qualified to perform the Architectural, Engineering,or Land Surveying Services,or Related Services described in this RFP. 1 Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers. a) Protests must be received within seven (7)days after issuance of the notice of intent to award the Contract. City will not consider late protests. b) All protests must be in writing,signed by the protesting party or an authorized Agent. The protest must specify the grounds for the protest to be considered by the City 11 c) Protests based on procedural matters will not be considered. d) The City's Public Works Director will review the protest and fax party a written responsewithin three(3)business days of receipt of tv the fax number and address provided in the.proposal. Any Written res(4. comprised of a determination of the protest,a notice to the protesting p�'brot additional time in which to evaluate the matter,or other notice to the prd\bees 4bo e) tithe Public Works Director's determination (response) is adverse to the prof, further appeal of the Public Works Director's determination by the party must;v in writing to the City Manager within three(3)business days of issuance pf the h, Director's determination(response). f) The-City Manager will review any appeal of the Public Works Director's determinatio, shall fax and mail, in accordance with the fax number and address provided in the pro the protesting party a written response within three(3) business days of receipt of writ. appeal. g) If the determination of the City Manager is adverse to the protesting party's interest,the protesting party may only appeal to theCity Council by filing a written notice of appeal to the Council with the City Manager within two (2) business days of issuance of the City Manager's written determination. • h) The Council,in considering the protest,shall review the documentation presented to the Public Works Director and the City Manager on the next regularly scheduled Council Meeting, but in no event shall they be required to review in less than ten (10) business days, and thereafter, base their decision on such.material. The Council review will be limited to the evaluation of compliance with City's policies and procedures, requirements of the RFP and the equal and fair application of City's contracting rules. The City Council's determination shall be City's final decision. An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before seeking judicial review of City's Consultant selection or Notice of Intent to Award. 5.12. Resulting Contract Upon reaching final agreement in regards to fees and a final scope of work with an awarded Proposer, the City will issue a Personal Services Agreement('PSA"), in substantially the form as found in the Appendix of this RFP. The PSA will include the City's Standard Terms and Conditions and the final scope of work and fees. SECTION 6-CONTRACT 6.1 Contract Form The consultant selected by the City will be expected to enter into a written contract in substantially the same form es attached to this RFP. The Proposal should indicate acceptance of the City's contract. provisions. Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be submitted as outlined unde-r Section 5.11. Unconditional refusal to accept contract provisions will result in Proposal rejection. Contract Duration— Phase 1: Final Engineering (8 months) Phase 2: Construction Management Services(10 months) 12 A Contract Payment—Contingent upon City's need;consultant's performance and availability of approved funding;City reserves the right to amend the contract(within the scope of the projectdescribed in this RFP)for additional tasks, project phases and compensation as necessary to complete a particular project, Proposers are advised that the award and potential dollar amount of the contract under this RFP will be contingent upon approval'by the Ashland City Council acting as"the Contract Review Board. Payment Will be riiade for completion of,or acceptable monthly progress on,tasks and deliverables in conformance with contract requirements and applicable standards. The method of compensation will be determined by the City and may be based upon any one,or combination of the following methods: Cost plus fixed-fee, up to a maximum NTE amount . • Fixed price for all services. Fixed price per deliverable. Fixed price per milestone • Time and materials,up to a maximum NTE.amount(City preferred method) • Price per unit Ashland Living Wage Requirements—Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying at least the living wage as established by the City of Ashland on June 30,2021($15.59 per hour): • For all hours worked under a service contract between their employer and the City if the contract exceeds$22,002.43 or more. • For all hours worked in a month if the employee spends 50%or more of the employee's time in that month working on a project or portion Of business of their employer; if the employer has ten or more employees and has received financial assistance for the project or business from the City in excess of$22,002.43. • Contractor is also required to post the notice included in the appendix predominantly in areas • where it will be seen by all employees. • In calculating the living wage for full time employees,employers may add the value of health care,retirement,401K and IRS eligible cafeteria plans,and other benefits to the employee's wages. The City of Ashland Living Wage Statement is appended to the sample contract included in the appendix. 6.2 Business License Required The selected consultant must have or acquire a current City of Ashland business license prior to conducting any work under the contact 6.3 Insurance Requirements " ' . Contactor 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 $2,000,000 per occurrence. This is to cover damages caused by any error,omission,ornegligent act related to the professional services to be provided under the contract. c. General Liability insurance with a combined single limit,or the equivalent,of not less than $2,000,000 per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under the contract. d. Automobile Liability insurance with a combined single limit,Or the equivalent;of not less than $1,000,000 per occurrence for each accident for,bodily injury and property damage, including coverage for owned,hired or non-ownedvehicles,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 contractoror its insurer(s)to the City. 13 A s ( Additional.Insured/Certificates of Insurance. Contractor shall name The City of-Ashland,Oregon,and its elected officials,officers and employees as additional insurers on any insurance policies required herein but only with respect to contractor's services to be provided.under this contract. As evidence of the insurance coverage required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing work under this contact. The certificate will specify all of the parties who are additional insures. The consultant's insurance is primary and non-contributory. 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 contractorshall be financially responsible for all pertinent deductibles,selfInsured.retention and/or self-insurance. 6.4 Laws and Regulations The proposer is assumed to be familiar with all Federal,State,County or City laws or regulations,which in any manner affect those engaged or employed in the work or the materials or equipment used or which in;any way affect the conduct of the work,and no pleas of misunderstanding will be considered on account of ignorance thereof. If the proposer shall discover any provision in these specifications or project information,plans or contractdocuments which is contrary to Or inconsistent with any law or regulations,they shall report it to the City of Ashland in writing. All work performed by the contractor-shall be in compliance with all Federal,State, County and local laws, regulations and ordinances. Unless otherwise specified;the contractor shall be responsible for applying for applicable permits and licenses. SECTION 7-INSTRUCTIONS TO PROPOSERS • 7.1 General All Proposals and any resulting contracts are subject to the provisions and requirements of Oregon Revised Statutes Chapters 279A and 279B and to the Ashland Municipal Code(AMC) Chapter 2.50. Engineering contracts are further subject to ORS Chapter 279C. 7.2 Information of Record This Request for Proposal(RFP)will be distributed through the Oregon Procurement Information Network(ORPIN). All updates,addendum,and related communications will be published through ORPIN. All prospective proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole responsibility of the proposer to'check the website on a timely basis for critical information regarding.the proposal. 7.3 Proposal Preparation and Format • Proposals shall be typewritten in 12 point font minimum. • Except for proposer attachments, proposal form,cover letter and resumes,the Proposal shall . contain no more than 8 pages. • Cover Letter, proposal form and resumes do not count against the 8 page limit. • Proposal narrative must follow along with scoring criteria sections • No oral,telegraphic,telephoneor facsimile Proposals shall be accepted. • The electronic submission of a Proposal will not be permitted. • To be considered,all Proposals mist be received by the City prior to the date and time set for Proposal closing. • A total of six original (wet signatures),complete Proposals shall be submitted to the City prior to the date and time set for closing. • One(1) digital copy of the complete Proposal shall be submitted on a CD or thumb drive. 7.4 Signature.on Proposal Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a Proposal certifies that the Proposal is made without connection with any person,firm or corporation making a proposal for the same goods and/or services and is in all respects fair and made without 14 t • collusion or fraud. Signature on:a Proposal also certifies that the proposer has read,fully understands and agrees with all solicitation requirements,;terms and conditions. No consideration will begiven to any claim resulting from proposing without fully comprehending all requirements of this Request for Proposals. 7.5 Preparation Costs The City may cancel a solicitation,whether informal or formai,or reject all Proposals,without liability incurred by City at any time after issuing an RFP,if City believes it is in City's best,interest to do so. Consultants responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and responses to RFPs,which includes,but is not limited to: preparation, submittal,travel expenses,interviews,presentations,or evaluation of any Proposal. 7.6 Conformance to Solicitation Requirements Proposals shallconform to the requirements of this Request for Proposals. All necessary attachments (Independent Contractor Certification;etc.)shall be submitted with the Proposal and in the required format. Failure to comply with all requirements may result in Proposal rejection. 7.7 Definitions For the purpose of this RFP: "Agency"or"City"means City of Ashland, "Business days"means calendar days,excluding Saturdays,Sundays and all City recognized holidays. "Calendar days"or"days"means any day appearing on the calendar,whether a weekday,weekend day, national holiday,State holiday or other day: w,Local.Contract Review.Board "Department"means the City ofAshland Engineering Department. "Manager" means the City ofAshlandProject Manager. "Proposers",All firms submitting proposals are referred to as Proposers in this document;after negotiations,an awarded Proposer will be designated as"Consultant". "Qualification Based Selection"or"QBS"(for the purposes of this RFP) means evaluations and scoring of proposals based on qualifications,experiences and project approach,without considering cost. "RFP"means Request for Proposals. "Scope of Work"means the general character and range of services and supplies needed to complete the work's purpose and objectives,and an overview of the performance outcomes expected by Agency. "Services"means the services to be performed under the Contract by the Consultant. "Statement of Work"means the specific provision in the final contract which sets forth and defines in detail (within the identified Scope of Work)the agreed-upon objectives,expectations, performance standards,services,deliverables,schedule for delivery and other obligations: 7.8 Ctuestions and Clarifications . All inquiries,whether relating to the RFP process;administration, deadline or award, or to the intent or technical aspects of the services,must be submitted in writing to the City's Project Manager listed in the advertisement for this RFP,at 20 East Main Street,Ashland, Oregon 97520. All questions must be received not later than ten(10)calendar days prior to the date and time set for closing. 1 - Answers to questions received by City,which are deemed by City to be substantive,will be issued as. official addenda to this RFP to,ensure that all proposers base their proposals on the same information. When appropriate,as determined by City in its sole discretions, revisions,substitution or clarification of the RFP or attached terms and conditions,an official addendum to this RFP will be issued. Proposer shall indicate receipt of all issued addenda by indicating the number of addendum received on the Proposal Form. Any addendumor addenda issued by the City which may include changes,corrections,additions, interpretations or information,and issued seventy-two(72)hours or more before the scheduled closing 15 time for submission of bids,Saturday,Sunday and legal holidays not included,shall be binding upon the proposer. The City may elect to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be issued through ORPIN end it shall be'the proposer's sole responsibility to acquire any and all addendum,pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis. 79 Protest of Requirements Proposers may submit a written protest of any provision,specification or contract term contained in this REP and may request a change to any provision,specification or contract term contained in this RFP, not later than ten(10)calendar days prior to the advertised proposal closing date. A proposer's written protest must meet the following requirements; • A detailed statement of the legal and factual grounds for the protest. • The reason for the protest or request for change. • A statement of'the form of relief requested or any proposed changes to the specifications or contract document. All protests shall be mailed or otherwise delivered to the.City marked as follows: PROPOSAL PROTEST Proposal No.2020-15: City of Ashland Public Works Dept. ATfN: Scott Fleury P.E., Public Works Director 20 East Main St Ashland,OR 97520 City Response:The City may reject without consideration a proposer's protest after the deadline established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the City agrees with the proposers protest, in whole or in part,the City shall either issue an addendum reflecting its determination or cancel the solicitation. Extension of Closing:.If the City receives a written protest from a proposer in accordance with this rule, the City may extend closing if the.City determines an extension necessary to consider the protest and to issueaddenda, if any,to the solicitation of document. Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS. 279B.405. 7.10 Protest of Contract Award Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims to have been adversely affected or aggrieved by the selection of another or any Proposer who contends that the provisions of this RFP or any aspect of the procurement process has promoted favoritism in the award of the contract or has substantially diminished competition,must file a written protest to this RFP within seven (7)calendar days after the date of the notice of intent to award. Failure to file a protest will be deemed a waiver of any claim by an offeror that theprocurement process violates any provision of ORS Chapters 279A,279B,or 279C,the City of Ashland Municipal Code,or the City's procedures for screening and Selection of persons to perform personal services. 7.11 Proposal Modification Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the proposal. Proposals,once submitted, may be modified in writing before the time and date set for proposal closing. Any modification shall be prepared on company letterhead,shall be signed by an authorized representative,and shall state that the new document supersedes or modifies prior proposal submissions and any other prior proposal modifications. Proposal modifications shall be submitted in a • 16 f sealed envelope clearly marked"Proposal Modification,'identifying the REP number and closing date and time. Proposers may not modify proposals after proposal closing.date and tirrie. 7.12 Proposal Withdrawals Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and received by the Engineering Services Manager prior to the date and time set for closing. Proposals may be withdrawn in person before closing time upon presentation of appropriate"identification. 7.13 Proprietary Information The City is subject to the Oregon Public Records Laws(ORS 192.311 to 192.478),which require the City to disclose all records generated or received in the transaction of City business,except as expressly exempted. The City will riot disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public Records Law,subject to the following.procedures and limitations. The entire Proposal cannot be marked confidential;nor shall any pricing bemarked confidential. All pages containing the records exempt from disclosure shall be marked"confidential"and segregated in the following manner: • It shall be clearly marked in bulk and on each page of the confidential document. • It-shall be kept separate from the other Proposal documents in a separate envelope or package • Where the specification conflicts with other formatting and response instruction specifications, this specification shall prevail. • Where such conflict occurs,the Proposer is instructed to respond with the following: "Refer to confidential information enclosed." This statement shall be inserted in the place where the requested information was to have been placed. Proposers who desire that additional information be treated as confidential must mark those pages as "confidential." Proposers shall also cite the specificstatutory basis for the exemption and give the reasons why the public interest would be served by the confidentially. Should a Proposal be submitted , as described in this section, no portion of it will be.held confidential unless that portion is segregated as described in the criteria above. Notwithstanding the above procedures,the City reserves the right to disclose information that the City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the City's Attorney,the District Attorney,or a court of competent jurisdiction. 7.14 Terms and Conditions Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract or exhibits thereto,the City will not negotiate any term or condition after the protest deadline; except the Statement of work, pricing,and calendar with the selected proposer. By submitting a Proposal,the selected proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may have been modified or reserved by the City for negotiation. Any Proposalthat is received conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected. 7.15 Proposal Opening Unless otherwise provided by law,Proposals received in response to this RFP shall be opened at the date and time set for closing at the Engineering Services Building at 51 Winburn Way,Ashland, Oregon 97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals. No other information shall be available,and no copies of the Proposals shall be made. Award decisions will NOT be made at that time. 17 , ----411111111111111111111111111111111111111111 • SECTION 8-PROPOSAL FORM Proposals should beprepared and organized in a clear and concise manner and must include all information required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the.Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by re-stating the criteria and then responding below the restated criteria. REQUIRED•RESPONSE DOCUMENTS THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE: (Place a check in front of the item indicating inclusion in your response) ❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4 ❑ SECTION 8—Proposal Form ❑ Independent Contractor Certification MWESB INFORMATION The City encourages contracting with minority owned,woman owned,and emerging small business (MWESB). The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so,which categories have been state certified. MWESB certified? Yes_No . If yes, indicate which categories below: . Minority Owned Woman Owned_ Emerging Small Business_ Veteran Owned__ ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS: Proposer acknowledges receipt of Addenda and agrees to be bound by their contents. Circle each RFP addendum received: 1,2,3,4,5, 6,7,8,9,10 . -------_ Check if not applicable or if no addenda were received: OSBEELS/OSBGE/ORBAE No.(sl Provide name(s),title(s),and certificatic Attach additional sheet if necessary) Name: Tit Name: G • E/ Name: Titi Name: Titl Name: Title - Name: Title, • PROPOSER INFORMATION: Proposer Company Name Company Address (from which work will be performed) Telephone Number Fax Number FEDERAL ID NUMBER Printed Name of Person Signing RFP: Title: Signature: I Email Address: 20 • • APPENDIX A-CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C APPENDIX B-FORM W-9 • • 21 i PERSONAL SERVICES AGREEMENT (greater than $25,000.00) CONSULTANT: CITY O F CONSULTANT'S CONTACT: ASHLAND 20 East Main Street ADDRESS: Ashland,Oregon 97520 Telephone: 541/488-XXXX Fax: 54I/552-XXXXi J TELEPHONE: EMAIL: This Personal Services Agreement(hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and XXXXXXXXX, a ('domestic professional Corporation-for example)("hereinafter"Consultant"),for(description of services to be provided.). NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and.Duration: This Agreement shall become effective on the date ofexecution on behalf of the City,as set forth below(the"Effective Date"),and unless sooner terminated as specifically provided herein;shall terminate upon the City's affirmative acceptance of Consultant's Work as complete arid Consultant's acceptance of the City's final payment therefore,but not later than XXXXXXXXX. 2. Scope of Work: Consultant will provide(description of services to be provided);as more fully set forth in the Consultant's Proposal dated XXXXXXXXX,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to herein as the"Work." 3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot,be so resolved,the provisions of this Agreement•itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 4. 411 Costs Borne by Consultant; Consultant shall,at its own risk,perform the Work described above and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for the proper performance of such Work. 5. Qualified Work: Consultant has represented,and by entering into this Agreement now represents,that all personnel assigned to the Work to be performed under this Agreement are'fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and,if required to be registered,licensed Or bonded by the State of Oregon,are so registered,licensed and bonded. Personal Se vices Agreement with XXXXX.' r • G: Compensation: City shall pay Consultant the'sum of$XXXXXXXX as full,compensation for Consultant's performance of all Work under this Agreement. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed thesum,of$XXXXXXXXXXXX without the express,written approval;from the City official whose signature appears below, or"such official's success'oi•in office: Payments shall be made within thirty(30)days:of the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 7. ' Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property riglitshall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 27913.235. 9. Living Wage_Requirements: Utile amount of this Agreement is$22,002.43 or more,Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit B" predotninatitly'in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend,indemnify,save,and hold City,its officers,.employees, and agents harmless from any and all losses,claims,actions,costs,expenses,judgments,or other damages resulting from injury to any person(including injury resulting in death),or damage(including loss or destruction) to property,of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant (including but not limited to, Consultant's employees,agents;and others designated by Consultant to perform Work or services attendant to this Agreement). However,Consultant shall not be held responsible for any losses, expenses,claims;subrogations,actions,costs,judgments,or other damages;caused solely by the negligence of City. 11. Termination: a. Mutual Consent: This Agreement inay be terminated at any time by the mutual consent Of both patties. b. City's Convenience. This Agreement may be terminated by City atany time upon not less than thirty(30) days'prior written notice delivered by certified mail orin person. c. For Cause. City may terminate or modify this Agreement,in whole or in part,effective upon delivery of written notice to Consultant,or at such later date as may be established by City under any of the following conditions: i. If City funding from federal,state,county or other sources is riot obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or Personal Services Agreement With XXXXX. • , iii. If.any license or certificate required by law or regulation to be held by Consultant to provide the servicesrequired by this Agreement is for any reason denied,revoked,suspended,or not renewed. d. Poi.Default or Breach. i. Either city or Consultant may terminate this Agreeinent:in the event of a breach of the.Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written, notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15)days Of date of the notice,or within such other period as the • party giving the notice may authorize in writing,then the Agreement may be terminatedat 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 dutyunder this Agreement. City,by written notice to consultant of default or breach,may at any tirlie terminate the whole or any part of this Agreement if Consultant fails to provide the Work called fog:by this Agreement within the time specified herein or within any extension thereof iii. The rights and remedies of City provided in this subsection(d)are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b,or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuantto Subsection a,b,c,or d of this section,Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the .notice of termination.Further,upon termination,Consultant shall deliver to City all Agreeinent • documents,.information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed inaccordance with this Agreement. 12. Inde]endent Contractor Status: Consultant is.an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required iri ORS Chapter 656 for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall riot assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be indefault of this Agreement if Consultant: commits any material breach or default of any covenant,warranty,Certification,or obligation under the Agreement;institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations underthe Agreement; or atternptsto assign rights in,or delegate duties under,this Agreement. 15.. Insurance. Consultant shall, at its own expense,maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional:Liability insurance with a combined single limit,or the equivalent,OW less than$2,000;000 `(two million dollars)per occurrence. This is to cover any damages caused by error;omission or negligent acts related to the Work to be provided under this Agreement. _ c. General Liabilityinsurance with a combined single limit,or the $2 e uivalent,of not less than 000;000(two million dollars)per occurrence for Bodily Injury,Death,and Property Damage. Personal Services Agreement with;JOCk.X. • • 4. • d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than$1,000,000' One million dollars)for each accident for Bodily Injury and Property:Damage,including coverage for owned, hired ornon-owned vehicles,as applicable. • e, Notice of cancellation or change. There shall be no cancellation,material'change,'reductionof limits or intent not to renew the insurance coverages)without thirty(30)days'prior written notice from the Consultant or its insurer(s)to the"City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon,and its elected officials,officers and employees as Additional Insureds on any, insurance policies;excluding Professional Liability and Workers' Compensation,required heteiri,'but only With respect to Consultant's services to be provided under this Agreement.The consultant's insurance is primary and non-contributory:As,evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing"the Work tinder this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are . subject to the City's acceptance. If requested,complete copies of insurance policies;trust agreements,etc. shall be provided to,the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or;self-insurance. 16. Nondiscrimination: Consultant agrees that no person shall,on the grounds of race,color,religion,creed,sex, marital status;familial status or domestic partnership,national origin,age,mental or physical disability,sexual orientation,gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultantagrees to comply with all applicable requirements of federal. and state Civil rights and rehabilitation statutes,rules and regulations. Further,Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a _ business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17:1 Consultant represents and warrants to the'City that: 17.1.1 Consultant.shall throughout the term of this Agreement,including any extensions hereof,comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding.the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,oharter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions, 18: Governing Law;Jurisdiction;Venue: This Agreement shall be governed and construed in accordance with the lawsof the State of Oregon without resort to any jurisdiction's conflict of laws,rules or,doctrines. Any claim,action,suit or proceeding(collectively, "the claim")between the City and the Consultant that arises.from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If,however;the claim must be brought in a federal forum,then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon Personal Services Agreement with!XXXXX. filed in Jackson County;Oregon. Consultant,by its signature hereon Ohs authorized representative,hereby consents to the in persona=jurisdiction of said courts. 19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER,CONSENT,MODIFICATION OR CHANGE,IF MADE,SHALL BE EFFECTIVE ONLY IN.THE SPECIFIC INSTANCE,AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS,.OR REPRESENTATIONS,ORAL.OR WRITTEN,NOT SPECIFIE D HEREIN REGARDING THIS AGREEMENT: CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agteement, 21. Nonappropriations CIause. Funds Available and Authorized:: City has sufficient funds currently available and authorized for expenditure to.finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations,or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations,limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City,effective upon the delivery of written notice to Consultant,with no further liability to Consultant. • Personal Services Ag"reenient with 2Q XX. 4 22. Certification. Consultant shall sign the certification attached hereto as"Exhibit C"and:incorporated herein by this reference. CITY OF ASHLAND: XXXXVI.XXX(CONSULTANT): ByBy City Manager Signature Printed Name Printed Name • Date Title Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date • Personal Services Agreement with xXX . • f ` EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating navment of a livina wase. $15.96 ,per;hour, effective-June`30, 2021. ,r, The,'Lwing;Wage ai_s._adlusteil..annuallY,:every.. June 30 by-the Consumer Price Index. Employees must be paid a portion of business of their of health care,retirement, living wage: employer, if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare) benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $22,310.46, > Note: For temporary and Ashland if the contract part-time employees,the exceeds$22,310.46or more. > If their employer is the City of Living Wage does not apply Ashland,including the Parks to the first 1040 hours worked For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends ' more details, please see 50%or more of the > In calculating the living wage, Ashland Municipal Code employee's time in that monthemployers may add the value Section 3.12.020. working on a project or For additional information: Call the Ashland City Manager's office at 541488-6002 or write to the City Manager, City Hall, 20 East Main Street,Ashland, OR 97520, or visit the City's-website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND 3 EXHIBIT C • CERTIFICATIONS/REPRESENTATIONS: Consultant;by and through its authorized representative,.under penalty of perjury;certifies that(a)the number shown on the attached W-9 form is its correct taxpayer ID.(or is waiting for the number to be`issued to it and,(b)Consultant is not subject to backup withholding because: (i)it isexempt from backup withholding,or(ii)it hasnot been notified by the Internal Revenue Service(IRS)that it is subject to backup withholding as a i•esult_of a failure to report all interest or dividends, or(iii)the IRS has notified it that itis no longer subject to backup withholding: Consultant further represents arid warrants to City that (a)it has the power and authority to enter into ' this Agreement and perforin the Work,(b)the Agreement,when executed and delivered,shall be a valid and binding'obligation of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall be performed in accordance with the highest professional standards, and(d)Consultant is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an independent contractor as defined in the Agreement,it authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply'to its business. • (1)Consultantcarries out the work or services at a location separate from'a private residence or is in a specific portion of a private residence,set aside as the location of the business. (2)Commercial advertising or business cards or a trade association membership.are • purchased for the business. (3)Telephone listing is used for the business separate from the personal residence listing. (4)Labor or services are performed only pursuant to written contracts. (5)Labor or services are performed for two Or more different persons within a period of one year. (6)Consultantassumes financial responsibility for defective workmanship or for service not provided as evidencedby the ownership of performance bonds,warranties,errors and omission(professional liability)insurance or liability insurance relating to the Work of services to be provided. . Consultant's signature Date - . .- .. • • • • ' . . . . . ., • ' • . . . • . 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