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HomeMy WebLinkAbout2023-062 PO 20240021- DOWL, LLC CIT RECORD.: • Purchase Order ,OA Fiscal Year 2024 Page: 1 of: 1 B City of Ashland 1 _ :R lit`= �aiRIA z� W OA, I ATTN: Accounts Payable20 E. Main Purchase L Ashland, OR 97520' Order# 20240021 T Phone: 541/552-2010 J 0 Email: payable@ashland.or.us V E S C/O Public Works Department N DOWL, LLC I 51 Winburn Way N 920 COUNTRY CLUB RD SUITE 100B p Ashland, OR 97520 • O EUGENE, OR 97401 Phone: 541/488-5347 R ' T Fax: 541/488-6006 —a _+��" �: _ 3 I,S;I_'a — _ Scott Fleu @ sI.—=-•3 -=;8s s r''-"`'{_ - �_ 1 x ! 73-A>=7.a:._ i _.,_'___= ! s' "e. is?ia:,;�.1 a-- - _ H- 07/18/2023 5270 Citi Accounts Payable Ashland Street Overlay 1 Ashland Street Overlay from Siskiyou Blvd to Faith Avenue 1.0 $424,572.50 $424,572.50 Personal Services agreement(Greater than $35,000) Completion date: March 31, 2024 Project Account: E-201924-999 ***************GL SUMMARY*************** 081200-704200 $424,572.50 I, • • • 4 ' •_ '+a_.�.._.- �_ -�-ate,•_• By: Date: loV Authorized Signat s _ Ce— = $424,572.50 )ac...e....4..i.-- FORM #3 7FCITY OF A request for a Purchase Or e �1S H LAN D REQUISITION f ) �Da e of equest: '' 07/11/2023 Required date for delivery: Vendor Name DOWL LLC Address,City,State,Zip 831 O'Hare Parkway Medford,OR 97501 Contact Name&Telephone Number Jaime Jordan 541-774-5590 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council:_ ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached , _(If council approval required,attach copy of CC) Cl Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council:_ ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) It Request for Qualifications(Public Works) ❑ State of Washington Date approved by Council: 6/20/23 Contract#_ _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source 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 ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ Valid until:_ ___(Date) Description of SERVICES Ashland Street Overlay from Siskiyou Blvd to Faith Avenue TOTAL COST $ 424j;572 50 - r...._ .. ._ .:,, ,' Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑■ Per attached quotelproposal f•;TOTAL.COST Project Number 2 0 1 9 2 4 _ Account Number 0 8 1 2 0 0.7 0 4 2 0 0/ 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: Department H_: 7.12.. r3 i, '' �.•ual to rgreaterthan$5,000) Department Manager/Supervisor: City Manager: e, ? , `,-- Funds appropriated for current fiscal year: ell' / NO \ (Greater than$35,1100) Finance Director-(Equal to or gre.is r than$5,000) Dale Comments: 1/"� 4 r Form#3-Requisition PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00) CONSULTANT: DOWL LLC CITY OF CONSULTANT'S CONTACT: Jaime Jordan AS H LAN D 20 East Main Street ADDRESS: 831 O'Hare Parkway Ashland,Oregon 97520 Medford, OR 97501 Telephone: 541/488-5587 TELEPHONE: 541-774-5590 Fax: 541/488-6006 This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City") and DOWL LLC,a foreign limited liability company ("hereinafter "Consultant"), for Ashland Street Overlay from Siskiyou Boulevard to Faith Avenue. NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: 1. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than March 31,2024. 2. Scope of Work: Consultant will provide on-call inspection services for public works permits and special projects as more fully set forth in the Consultant's Proposal dated May 20, 2022, which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement as the "Work." 3. Compensation: City shall pay Consultant the hourly rates effective 5/20/2022 as specified in the SUPPORTING DOCUMENTS. In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$424,572.50 (four hundred twenty- four thousand five hundred seventy-two thousand dollars and fifty cents)without the express,written approval from the City official whose signature appears below, or such official's successor in office. Payments shall be made within thirty(30) days of the date of receipt by the City of Consultant's invoice. Should this Agreement be!terminated prior to completion of all Work,payments will be made for any phase of the Work completed and accepted as of the date of termination. 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary Page 1 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC it whereverossible. In the event of a conflict which cannot be so resolved,the provisions rovisions of this p Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. 5. 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. 6. 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 services to which they will be assigned in a skilled manner and, if required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed, or bonded. 7. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance of this Agreement belong to the City, and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is$25,335.05 or more, Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as "Exhibit B"predominantly in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers, employees, and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, or other damages resulting from injury to any person(including injury resulting in death), or damage (including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, costs,judgments, 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 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: Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC it i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the!purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this Agreement is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this Agreement in the event of a breach of the Agreement by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and its intent to terminate. If the party committing the breach has not entirely cured the breach within fifteen(15) days of the date of the notice, or within such'other period as the party giving the notice may authorize in writing,then the Agreement may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this Agreement. City, by written notice to Consultant of default or breach, may at any time terminate the whole or any part of this Agreement if Consultant fails to provide the Work called for by this Agreement within the time specified herein or within any extension thereof. iii. The rights and remedies of City provided in this subsection(d) are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However,upon receiving a notice of termination(regardless whether such notice is given pursuant to Subsection a,b, c, or d of this section, Consultant shall immediately cease all activities under this Agreement,unless expressly directed otherwise by City in the notice of • termination. Further, upon termination, Consultant shall deliver to City all documents, information,works-in-progress and other property that are or would be deliverables had the Agreement been completed. City shall pay Consultant for Work performed prior to the termination date if such Work was performed in accordance with this Agreement. 12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City for any purpose. Consultant shall have the complete responsibility for the performance of this Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656 for all persons employed to perform Work pursuant to this Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC Agreement. Consultant is a subject employer that will comply with ORS 656.017. 13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty, certification, or obligation under the Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under,this Agreement. 15. Insurance. Consultant shall, at its own expense, maintain the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017,which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than$2,000,000 (two million dollars)per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury, Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than$1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or change. There shall be no cancellation,material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days' prior written notice from the Consultant or its insurer(s)td the City. f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Professional Liability and Workers' Compensation,required herein,but only with respect to Consultant's services to be provided under this Agreement. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Agreement,the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies;trust agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed, sex,marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions hereof, comply with: (i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party 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 cbnfirmed at the address or facsimile number set forth below: If to the City: Public Works Attn: Karl Johnson 20 East Main Street Ashland, Oregon 97520 Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5350 If to Consultant: DOWL LLC Jaime Jordan 831 O'Hare Parkway Medford, OR 97501 19. Governing Law. This Agreement shall be governed by 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, and expressly consents that,upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this Agreement attributable to Work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion,to continue to make payments under this Agreement. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no further liability to Consultant. 22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN,NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT,UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC 23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C" and incorporated herein by this reference. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: DOWL LLC (CONSULTANT): Jaime Jordan 2023.07.07 By: ,e(fderi, By: 08:52:28-07'00' oseph L. e ard, City Manager Signature 7/3/47 Jaime Jordan // Date Printed Name LLC Member Title Purchase Order No. , / 7.7.2023 Date (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney 7/6/23 Date Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL LLC • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers'described WAG E below must comply with City of Ashland laws regulating •a ment of a livin• wase. $18.12 perhour, effective June 30, 2023.` The Living Wage is adjusted annually everyrail 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. D For all hours worked under a business from the City of service contract between their Ashland in excess of D Note: For temporary and employer and the City of $25,335.05. part-time employees,the Ashland if the contract j Living Wage does not apply exceeds$25,335.05 or more. D If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For D For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month 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, Oregon 97520, or visit the Citys website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1: EXHIBIT B EXHIBIT C CERTIFICATIONS/REPRESENTATIONS: Consultant,:by and through its authorized representative,under penalty of perjury, certifies that(a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and(b) Consultant is not subject to backup withholding because: (i) it is exempt from backup withholding, or(ii) it has not been notified by the Internal Revenue Service (IRS)that it is subject to backup withholding as a result of a failure to report all interest or dividends, or(iii) the IRS has notified it that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority to enter into this Agreement and perform the Work, (b)the Agreement,when executed and delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the Agreement shall be performed in accordance with the highest professional standards, and(d) Consultant is qualified,professionally competent, and duly licensed(if applicable)to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business. X (1) Consultant carries out the work or services atia location separate from a private residence or is in a specific portion of a private residence, set aside as the location of the business. X (2) Commercial advertising or business cards ora trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (4)Labor or services are performed only pursuant to written contracts. X (5)Labor or services are performed for two or more different persons within a period of one year. X (6) Consultant assumes financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission(professional liability) insurance or liability insurance relating to the Work or services to be provided. Jaime Jordan 2023.07.07 08:54:16-07'00' Consultant's signature 7.7.2023 Date Page 1 of 1: EXHIBIT C 7 ® f DATE(MMIDDIYYYY) A� CERTIFICATE OF LIABILITY;INSURANCE 04/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must t be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ' PRODUCER CONTACT - NAME: Parker,Smith&Feek Insurance,LLC. PHONE 509-789-8350 FAX 509-931-0794 16201 E Indiana Ave,Suite 1000 (A/C. MAIo 'Ext): (AIC,No): Spokane Valley,WA 99216 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Phoenix Insurance Company INSURED INSURER B: Travelers Indemnity Co. DOWL,LLC 5 Centerpointe Dr. INSURER C: Travelers Prop.Casualty Co.of Amer. Suite 350 INSURER D: Lake Oswego,OR 97035 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WIYLIMITS LTR _INSR VD. POLICY NUMBER (MMIDDYYY) (MM/DD/YYYY)_ A GENERAL LIABILITY 6305W32478000F23 05/01/2023 05/01/2024 EACH OCCURRENCE __ $ 1,000,000 PAMAGETO RENTED 300,000 K COMMERCIAL GENERAL LIABILITY X X PREMISES(Ea occurrence) $ CLAIMS-MADE K OCCUR MED EXP(Any one person) $ 10,000 K BI/PD DED:$10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE _$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 -7 POLICY K PRO- K LOC $ JECT B AUTOMOBILE LIABILITY 8105W3264352343G 05/01/2023 05/01/2024 COMBINED accident) INGLELIMIT - 1,000,000 K ANY AUTO X X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) , $ • C UMBRELLA LIAB X OCCUR CUP5W3305772343 05/01/2023 05/01/2024 EACH OCCURRENCE $ 1,000,000 K EXCESS LIAB CLAIMS-MADE X X ! AGGREGATE $ 1,000,000 DED K RETENTION$$10,000 $ A WORKERS COMPENSATION UB5W3306692343G K TORYWC STATU-LIMITS K OER StopGap AND EMPLOYERS'LIABILITY YIN USL&H,WC,Sto 05/01/2023 05/01/20241,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A Included (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under **USL&H,WC,Stop Gap 1,000,000 DESCRIPTION OF OPERATIONS below „_,_,. , ,E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Ashland and Oregon and its elected officials,officers and employees are additional insureds on the general liability,automobile,and excess liability policies per the attached endorsements/forms... (See Attached Description) ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St AUTHORIZED REPRESENTATIVE Ashland,OR 97520 r I / r" .,L _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 12 (MMQ00) DESCRIPTIONS,(Cont'in,ued from Page 1 ) Coverage is primary and non-contributory on the general liability and automobile policies per the attached endorsements/forms. Waiver of subrogation applies on the general liability,automobile,and excess liability policies per the attached endorsements/forms. 2 of 12 (MM000) Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 DATE CERTIFICATE OF INSURANCE 01/01/23 CERTIFICATE HOLDER City of Ashland(OR) 20 East Main St. Ashland, OR 97520 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 223089 01/01/23 12/31/23 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION City of Ashland Public Works Projects-Personal Services Agreement CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty(30)days in advance, or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date,the Company will mail written notice to the certificate holder within thirty(30) days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY DOWL,LLC operating as (A Risk Retention Group) DOWL 8410-154th Avenue,N.E. Redmond,WA 98052-3864 b21j. 0012146— President if '® Council Business Meeting June 20,2023 ifil Contract for Construction Design and Administration Services for the Ashland Street Agend w=tem r ,, Reconstruction Project with Dowl LLC Engineering (PW 2019-24) 7Ax .a'' Scott A. Fleury,PE Public Works Director From 1 Karl J.Johnson, EIT Associate Engineer/Project Manager scott.fleury@ashland.or.us 541.552.2412 C,ontgct,�� karl.johnson@ashland.or.us 541.552.2415 .: Requested byCouncil ❑ Update 0 Re uest for Direction © Presentation ❑ Item T�yp , � � q Pq SUMMARY Before Council,acting as the Local Contract Review Board,is a request to approve a personal services contract with DOWL,LLC,for the Ashland Street Overlay Project for a total contract amount not to exceed $424,572.50 (principal project tasks in the amount of$399,812.50 and contingencies in the amount of$24,760.00). POLICIES.PLANS&GOALS SUPPORTED City Council Goals (supported by this project): A:Prioritize the"Essential Services" • Streets B: Develop and/or enhance the following"Value Services"by leveraging the City's resources • Multi-Modal Transportation • All-Age Friendly Community Organization: • Quality infrastructure and facilities through timely maintenance and community investment Department Goals: • Maintain existing infrastructure to meet regulatory requirements and minimize life-cycle costs, • Deliver timely life cycle capital improvement projects, • Maintain and improve infrastructure that enhances the economic vitality of the community, • Evaluate all city infrastructure regarding planning management and financial resources. Current Transportation System Plan: • Make safety a priority for all modes • Maintain small-town character,support economic prosperity and accommodate future growth. • Create a system-wide balance for serving and facilitating pedestrian,bicycle,rail,air,transit,and vehicular traffic in terms of mobility and access within and through the City of Ashland. PREVIOUS COUNCIL ACTION On June 15,2021,Council approved a personal services contract for professional engineering and design services for the Ashland Street Overlay Project with DOWL,LLC for$459,691.33,of which$416,351.86 has been expended to date. June 15,2021 -Council Communication Page 1 of 2 001 'A aettekTagetha A Council Business Meeti Vn g BACKGROUND AND ADDITIONAL INFORMATION The solicitation for the engineering design and construction administration phases of the Ashland Street Rehabilitation Project was previously released through an open request for qualifications (RFQ) based proposals selection process.DOWL was selected as the best qualified.The project has three distinct phases:1) preliminary design and permitting,2) final design and bidding,and 3) construction administration services.With prior Council authorization,DOWL has completed phase one and two,preliminary design and permitting,and final design and bidding services. The scope and fee before Council for approval acting as local contract review board is for the construction administration phase.The services include inspection of the construction phase and certification of construction elements for the project,reference attached statement of work. FISCAL IMPACTS The 2022-23 &2023-24 Street Division Biennium Budget(BN) includes funds for contracted services (capital improvement program) in the amount of$3,500,000 for this project.This construction administration contract coincides with the construction phase contract with Knife River Materials.,for the Ashland Street Overlay Project. Staff is currently working with the Infrastructure Finance Authority (IFA) on a debt instrument to fund the project. Debt is required to fully fund this project and other street rehabilitation projects forecasted in the coming years. Debt is also required to be obtained as outlined in the Food and Beverage Ordinance for Street Rehabilitation Projects.The totalized debt as allowed would also include the previous expenditures for preliminary and final engineering.Currently the IFA is offering through their Special Public Works Fund program a 15-year loan term at a rate of 3.05%for projects of this nature.Staff expects to work outfinal details for financing with the Finance Director moving forward. DISCUSSION QUESTIONS Does the Council have any questions about the Ashland Street rehabilitation project or associated contractual process used? SUGGESTED NEXT STEPS Council has the option to approve this contract or refer staff back'for a new request for proposals. Potential motions include: 1. I move to approve a contract for construction engineering iservices with DOWL LLC for an amount not to exceed $424,572.50. (Principal project tasks in the amount'of$399,812.50 and contingencies in the amount of$24,760.00). 2. Direct staff to reconsider a new solicitation for the construction engineering portion of the Ashland Street Overlay Project. REFERENCES&ATTACHMENTS Attachment 1: DOWL- Statement of Work for Construction Engineering and Breakdown of Costs Page2of2 IMO aettek%gethv,.