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HomeMy WebLinkAbout2019-296 PO 20200235- ACE Engineeering LLC . ik•s ft,<,... . : _ &,......\• irsc.a REcid, L --__ \ -0-----. 0 , : ie ! Purchase Order Fiscal Year 2020 , Page: 1 of: 1 1 t--4.--Viigwrf':-piviccgf-T-ScakTtrrP:L — 1, [-S---filyTiv.-7,:si-p3-ili-iilaTit74-3fr-iTIT,ZZE-1 BAshland Parks Commission ,L.-,-"..,--,---_-. -----_-.,,,-- --_,.:-., _____ ______ ---.7,---•-•___,- ---„:=_–_,-:=_.--_ ----- - -.----- --1 LATTN: Accounts Payable , , 20 E. Main - Purchase L 20200235 Order# Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us • t ✓ S .C/0 Parks Department " E ACE ENGINEERING LLC H Admin Office N PO BOX 231 ,..,I 340 South Pioneer, D ASHLAND, OR 97520 r -Ashland, OR 97520 O Email: ATG@ACE-ENGINEERINGLLC.COM T Phone: 541/488-5340 R 0 ',Fax: 541/488-5314 •! ::-.;:,; j;;1-1471-1-21E-4.1 ' Michael Black ---11 -7-4.-t- rzij-i:VV.57:1;41-1:Millf- r. 10/24/2019 2111 ' , FOB ASHLAND OR/NET30 Parks Accounts Payable 2- ---------,E----- , c- Engineering Services i 1 Engineering services for playground and pickleball courts at Oak 1 $8,960.0000 $8,960.00 Knoll Golf'Course i ; 1 Personal Servides Agreement(Less than $25,000) Completion date: January 1, 2020 Project Account: E-000717-100 $2,000.00 - Project Account: E-000718-100 $6,960.00 *************** GL SUMMARY*************** 123000-704200 $8,960.00 4 , 1 1 • J , 1 tit - • • , i \ , • 1 • , 1 • 1 . , .. ' --..----_-7--2-a--:---_ ------- --f.----": ir-----;:;„-------,_,_---_-_-_..---==,-- 4 By `46"\( Date: tO lig 1 ( • , .----.-- _---_-, .... -_—__..-------- E -----7.--------=-- - .-7.-_-,- ,____ ____---- ------.= - Authorized Signature $8 960.00 I; g,.....6.--e---2--) (e('' ' ) FORM #3CITY OF ASH LAN D 6t request for a Purchase Order REQUISITION 01P- �e9 o 7 .5a request: 10/21/19 Required date for delivery: Vendor Name ACE Engineering LLC Address,City,State,Zip PO Box 231 Ashland OR 97520 Contact Name&Telephone Number1 541-552-1417 Email address SOURCING METHOD, O Exempt from Competitive Bidding El Emergency ❑ Reason for exemption:_ ❑ Invitation to Bid ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached _(Attach copy of council communication) _(If council approval required,attach copy of CC) O Small Procurement ' , ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon 0 Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written bid(s)or proposal(s) 0,Request for Qualifications(Public Works) El State of Washington Date approved by Council:_ 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 O (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K, Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 El Form#9,Request for Approval Agreement approved by Legal and approved/signed by 0 Less than$35,000,by direct appointment El Written quote or proposal attached City Administrator.AMC 2.50.070(4) O (3)Written proposals&solicitation attached Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost a s §. F i f , 2-vt..-,:,- tZ s 7 Engineering Services for playground and pickleball courts at Oak Knoll Golf .1 -n t '..:r, r y. Course .�'`'1 ,ffa .- F `i.$8960 OD�� �« rte _..r. Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • 0 Per attached quote/proposal Y4T.OTAILCOSTs,r; ,w8960 00 o µ Project Number 000717 _ 100 Account Number 123000 .704200 $ 2,000.00 ,!'-`,.,34,`,-,'^,?.--,*--- . ....4 ,,..'3 Project Number 000718 _ 100 Account Number 123000 . 704200 $ 6,960.00 `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,l certify that the City' • 'lic contracting requirements have been satisfied. imAth Employee: � a-- Department Head: ' ," Y V932-- ? (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greate than$25,000) . Funds appropriated for current fiscal year: bE /NO t k 1/(t 100 (i Deputy Finance Director-(Equal to or greater than$5,000) Comments: Form#3-Requisition �% • CITY OF FORM #4 ASH LAN D DETERMINATIONSTO PROCURE PERSONAL SERVICES $$,000 to $75,000 Date: October 16, 2019 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the, personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The Parks department is in the planning phase for BN19-21 CIP approved projects of a new neighborhood playground and dedicated pickleball courts. Parks is currently exploring Oak Knoll Golf Course as the proposed location for these projects. , ACE Engineering LLC will provide electronic drawings,for the layout of the proposed playground with a CMU block wall, driving range renovation, and pickleball courts stamped by a Structural Engineer. Abbreviated project material specifications for concrete, masonry, steel and rough carpentry will be noted on drawings. ACE Engineering LLC will also provide response to questions or concerns the building official, owner or contractor may have regarding these projects. The estimated cost is $8960.00 The timeline of the intended contract will be completed by January 1, 2020. Pursuant to AMC 2.50.120(A),has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? Parks currently does not have staff with the expertise to provide Engineering Services for this project. Requested b Date: 1111 )ep. de tH�: Approved by: Date: YJO -Z3 (11 Kelly Madding,City inistrator Comments: Form#4-Department Head Determinations to Procure Personal Services,Page 1 of 1,,10/16/2019 PERSONAL SERVICES AGREEMENT (LESS THAN $259000) $114. CONSULTANT: Ace Engineering LLC. 1\k` ;oT:' ADDRESS: PO Box 231 '0 RECREP••? Ashland, OR 97520 20 East Main Street TELEPHONE: 541-552-1417 Ashland, Oregon 97520 Telephone: 541/488-5340 Fax: 541/552-5314 This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Ace Engineering LLC., a domestic limited liability company("hereinafter"Consultant"),for engineering services for the proposed playground and pickleball courts at Oak Knoll Golf Course. 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 January 1, 2020. 2. Scope of Work: Consultant will provide electronic CAD drawings for layout and for a playground and pickleball courts at Oak Knoll Golf Course,material specifications and response to questions and concerns regarding the project as more fully set forth in the Consultant's Proposal dated October 4, 2019, 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. 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 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. Page 1 of 5: Personal Services Agreement with ACE Engineering LLC. 6. Compensation: City shall pay Consultant the sum of$8960.00 (eight thousand nine hundred and sixty dollars lump sum) 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 the sum of$8960.00 (eight thousand nine hundred and sixty dollars)without the c. 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. 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 $21,507.75 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, subrogations, actions, costs,judgments, or other damages, caused solely by the 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: 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 Page 2 of 5: Personal Services Agreement with ACE Engineering LLC. • 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 Agreemept if Consultant fails to provide they 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. 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 65,6.017,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. 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. Page 3 of 5: Personal Services Agreement with ACE Engineering LLC. 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)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 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 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 provision's, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 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. Page 4 of 5: Personal Services Agreement with ACE Engineering LLC. • 19. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 20. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE UNDERSTANDING BETWEEN THE 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. 21. Certification. Consultant shall execute 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: ACE Engineering,L (CONSULTANT): By: ' By: ii/ifirv•-/-4Signature Signatire Aft A _ /2,4d- ,Attook., c' ' Printed Name Printed Name Title Title /0 71/ to/-21,(zoici Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. #7g 4— Page 5 of 5: Personal Services Agreement with ACE Engineering LLC. EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland ALL employers described WAG E below must comply with City of Ashland laws regulating a ment of a livin. wag e. $15.39 per hour, effective June 30, 2019. The Living Wage is adjusted annually every Fail 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 then 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 $21,507.75. part-time employees,the Ashland if the contract Living Wage does not apply • exceeds-$21,507.75 or more. > If their employer 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 ➢ 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. 1Notice 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 umber 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 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 ari 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. (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. e (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. • r 'Consultant's sign ture °77- t-619 Date Page 1 of 1 EXHIBIT C ` . ACE ENGINEERING LLC f l professional structural engineering - F N. I commercial.residential.industrial po box 231.ashland.oregon 97520 i 541.552.1417.ace-engineeringllc,com • October 4,2019 City of Ashland Parks & Recreation Department ,{ Attention: Jason Minica 1195 East Main Street Ashland, Oregon 97520 Subject: Engineering Services for Oak Knoll Golf Course, Playground and Pickleball Court Thank you for giving ACE ENGINEERING LLC the opportunity to provide you with engineering servicesfor the above subject project. This proposal is based on our telephone conversation and meeting at the site on 9/20/2019. The scope of services you will receive includes: • 1. One secured electronic set of drawings for layout of the proposed playground with perimeter CMU block wall and proposed renovation to-the driving range with addition of pickleball courts. The drawings will be prepared in accordance with the 2019 Oregon Structural Specialty Code, stamped by a Structural Engineer, licensed in the State of Oregon. 2. Abbreviated project material specifications for concrete, masonry, steel and rough carpentry noted on the drawings. 3. Response to any questions or concerns the building official, owner or contractor may have about the project. 1 Cost,of Structural Engineering Services.$8 960:00- . Excluded from this proposal are the fpllowing: • 1. Geo-technical investigation, report, evaluation,opinion or scope. 2. Evaluation of minor elements, such as trellises, canopies, lights, equipment, stairs, railings, storage racks, soffits, benches, etc. The total costs indicated above will be billed as a fixed fee not to exceed the indicated amount due and payable upon completion and furnishing of the drawings. If the scope significantly changes after ACE ENGINEERING LLC is given notice to proceed the fees may be subject to change. Electronic CAD files of the drawings remain the property of ACE ENGINEERING LLC and are not to be used for bidding, design, presentation, or incorporation into other work by any parties at anytime. The terms of this agreement shall be performed in accordance with the following provisions. The scope and fee outlined in this document is valid for 90 days. If 90 days has past without executing a signed agreement, review of the scope and fee shall be allowed prior to executing an agreement. • Thank you for your consideration. ACE ENGINEERING LLC is looking forward to working with you on this project. If you have any questions, please contact me anytime. 1 of 2 . ACE ENGINEERING LLC professional structural engineering commercial.residential.industrial po box 231,ashland.oregon 97520 .{ 541.552.1417.ace engineeringllc,com Sincerely, Allan T Goffe, P.E., S.E. PROVISIONS 1.Authorization to Proceed Work will not begin until a specific written and signed authorization by City of Ashland(Clients)for ACE ENGINEERING LLC(ACE)to proceed with the services described in this agreement is , received by ACE. 2. Professional Standards 'ACE shall be responsible,to the level of competency presently maintained by other practicing professional engineers in the same type of work in the community of the project,for the professional and technical soundness,accuracy and adequacy of all designs,drawings, specifications, and other work and materials furnished under this Authorization. ACE makes no other warranty,expressed or implied.The documents and design prepared by ACE, as an instrument of professional service,shall remain the property of ACE and are not to be used for any other project,owner or configuration without written authorization from ACE. 3.Termination Either Clients or ACE may terminate this Authorization by giving 30 days written notice to the other party. In such event, Clients shall forthwith pay ACE in full for all work previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this authorization shall be terminated upon completion of all applicable requirements of this authorization. 4.Arbitration All claims,disputes,and other matters in question arising out of,or relating to this Authorization or the breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either Clients or ACE may initiate a request for such arbitration,but consent of the other party to such procedure shall be mandatory:No arbitration arising out of,or relating to this Authorization may include, by consolidation,joinder,or in any other manner,any additional party not a party of this Authorization. 5. Legal Expenses • In the event legal action is brought by Clients or ACE against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created,the losing party shall pay the prevailing party such reasonable amounts for fees,costs and expenses as may be set by the court or on appeal. In event that this contract is in default and the account is turned over for collections,•Clients is responsible for all collection costs and expenses and reasonable attorney fees. 6. Payment to ACE ENGINEERING LLC • Progress invoices will be issued monthly by ACE for fees for all on-going work performed under the • terms of this agreement until completion. Progress invoices are due and payable by Clients in full on receipt.A finance charge of 2%(24%annually)will be added to a balance over 30 days old. 7. Limitation of Liability The liability of ACE to Clients,their agents,the contractor or the project owner for any cause or combination of causes is, in the aggregate, limited to an amount no greater-than the material value of the structure specified by ACE under this agreement or the least amount permitted bylaw. 2of2 ® DATE(MM/DDIYYYY)4c oCERTIFICATE ( FLIABILITY INSU,- .CNCE4........,' / 3/15/2019 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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). PRODUCERCONTACT NAME: (Arc. .Ext): (855)711-3919 I rig,No): (866)828-2424 PROPEL INSURANCE ADDRESS: .' Certificate@Hanover.com 805 SW BROADWAY,STE 2300 INSURER(S)AFFORDING COVERAGE NAIC# PORTLAND OR 97205 INSURER A: Hanover American Ins Co 36064 INSUREDINSURER B: Hanover Insurance Co 22292 INSURER C: ACE ENGINEERING LLCINSURERD: PO BOX 231 1930 CRESTVIEW DRIVE INSURER E: ASHLAND OR 97520 - 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 WLIMITS LTR INSD VD POLICY NUMBER (MM/DD/YYYY) IMM/DDIYYYYI COMMERCIAL GENERAL LIABILITY \ ,EACH OCCURRENCE $ 1,000,000 DAMAGE TO CLAIMS-MADE ✓ OCCUR PREMISES(Ea occu ence) $ 1,000,000 MED EXP(Any one person) $ 10,000 A N N OZ2 D534621 01 05/14/2019 05/14/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO / JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED N N OZ2 D534621 01 05/14/2019 05/14/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED / NON-OWNED PROPERTY DAMAGE $ v AUTOS ONLY V AUTOS ONLY - (Per accident) I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION .. AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE - N/A EL.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ B Architects&Engineers Prof Liab N N LH2 D526381 01 03/16/2019 03/16/2020 Claims-Made:$1M Ea Claim/$2M Agg DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 \ THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED SIN - ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF ASHLAND AUTHORIZED REPRESENTATIVE 340 S PIONEER STREET r— , ASHLAND OR 97520 �� �� , I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD . . • . , . . ,. . 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Type Status Date 194973-95 DLLC ACT OREGON 01-12-2004 01-12-2020 Entity Name ACE ENGINEERING LLC Foreign Name New Search Printer Friendly Associated Names PRINCIPAL PLACE OF Type PPB BUSINESS Addr 1 1930 CRESTVIEW DR • Adkir2 CSZ 'ASHLAND 1OR 197520' 1 Country 1UNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type AGT REGISTERED AGENT `` Start [date 001-12- Resign Date 2004 Name • LAN T GOFFE Addr 1 1930 CRESTVIEW DRIVE Addr 2 CSZ 'ASHLAND IOR 197520 1 Country 'UNITED STATES OF AMERICA Type I ' . I NG ADDRESS Addr 1 PO BOX 231 Addr 2 CSZ ASHLAND IOR 197520 1 Country UNITED STATES OF AMERICA Type MI MBER Resign J ate Name ALLAN IT 1GOFFE Addr 1 1930 CRESTVIEW DR Addr2 `` CSZ 'ASHLAND IOR 197520 Country ','UNITED STATES OF AMERICA New Search Printer Friendly Name History ,usiness Entity Name Name Name Start Date End Date Type Status ACE ENGINEERING LLC EN CUR 01-12-2004 Please read before ordering Copies. 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