Loading...
HomeMy WebLinkAbout2022-131 PO 20220314- Construction Engineering Consultants Inc Purchase Order ,as CI T Y rcic-ECORDc' Fiscal Year 2022 Page: 1 of: 1 r-- X11 171 _99 Vii .._"-,a�' a��-—.�-jam-.`jl a��.�;_s =� B City of Ashland I ATTN: Accounts Payable20 E. Main Purchase L Ashland, OR 97520 Order# 20220314 T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E CONSTRUCTION ENGINEERING CONSULTANTS INC l 51.Winburn Way N PO BOX 1724 . p Ashland, OR 97520 O MEDFORD, OR 97501 Phone: 541/488-5347 R T Fax: 541/488-6006 4 -o - - -T=4 y—_I!="t f a1.�Ii' _r. gII€[=s NIDE.=!����".,v_!='C — �.=Ec-�;'TT�'�"�7��- 's �' ,tea-�::_"'�-1 :r e - X-�I am"� - - F �` _ Scott Fleu !r-eE��a� Igj�E3i�zI= ��'_ - a:Yz�-=-e=_TTt`a s� - e ci_ta_-:=a' -_--=== ;a"a_'�--�-" - --;gid—'-,.'je_ —....�:.�_— '_'-= ==I jt=�_—=i;-�es '��E- � -= i__E !d[-e�-� --_-�` _ �Ti_iEt��.,=zl=�`t'_35==.1lCel�r:;���_ 04/11/2022 939 FOB ASHLAND O--.R/-NE=s..T30 City Accounts Payable t € -=-�: E:Ar,"a-M'6e--= [ FTE�111 Engineering Services ! 1 Civil, geotechnical and structural engineering services to assist 1.0 $24,750.00 $24,750.00 owner in obtaining city approved site improvement plans for the Ashland Community Center/Pioneer Hall. Personal Services Agreement(Less than $35,000) Completion date: December 31, 2022 Project Account: **** ***««*** *GL SUMMARY 088400-604100 $24,750.00 spa By: /f7/4(___ Date: Authorized Si nature =W =E _ 3;: $24,750.00 g , , ?a ,.., vC'� pt o FORM #3CITY OF A request f®r a Purchase ®,\ i // d fig- . ASHLAND _ -0-4/07/2022: REQUISITION Date of request: Vendor Name Construction Engineering Consultants Address,City,State,Zip PO Box 1724 Medford,OR 97501 Contact Name Tony Bakke Telephone Number 541-779-5268 ext 231 Email address tony(n,cecengineering.com SOURCING METHOD ❑ Exempt from Competitive Bidding 0 En rgencv ❑ Reason for exemption:_ ❑ Invitation to Bid (Copies on file) ❑ 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) ❑ Small Procurement Cooperative Procurement Less than$5,000 0 Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: ❑ Direct Award Contract# _(Attach copy of council communication) ❑ Verbal/Written quote(s)or proposal(s) 0 State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes and solicitation attached ❑ Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 ❑ Form#9,Request for Approval ❑ Agency ❑■ Less than$35,000,by direct appointment 0 Written quote or proposal attached Date original contract approved by Council: (3)Written proposals/written osals/written solicitation (Date) ❑ P P Dateliapproved by Council:_ _(Attach copy of council communication) ❑� Form#4, Personal Services$5K to$75K Valid until: (Date) Description of SERVICES Total Cost Civil,geotechnical,and structural engineering services to assist owner in obtaining city approved site " . '` . improvement plans for the Ashland Community Center/Pioneer Hall :'$ 24,750:00' Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 1 1 11 Per attached quote/proposal `TOTAL CO .T'; Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number - Account Number 0 8 8 4 0 0.6 04 1 0 0 $_ _ 2 4,7 5 0 0 0 Project Number -— — — Account Number - $_,_ _ —,_ _ _•_ _ Project Number -— — — Account Number - IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. IT Director Date Support Yes/No A r M,; nn_ Employee:VG I-9�i r _ CCV1144D3 Department Heade 17/2L z,ual to or great- an$5,000) Department Manager/Supervisor: City Administrator: � -q .1. : •rester than,�3 , 00) Funds appropriated for current fiscal year: /'YF�B'/ NO �f Ci41Z--7—Z-__ Fina ce Direc or-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition PERSONAL SERVICES AGREEMENT (LESS THAN $35,000) CONSULTANT: Construction Engineering Consultants Inc. CITY OF AS H LAN D ADDRESS: PO Box 1724 20 East Main Street Medford, OR 97504 Ashland,Oregon 97520 Telephone: 541/488-5587 TELEPHONE: 541-779-5268 Fax: 541/552-6006 EMAIL: mark@cecengineerina.com This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Construction Engineering Consultants Inc., a domestic business corporation ("hereinafter "Consultant"), for civil, geotechnical, and structural engineering services to assist owner in obtaining city approved site improvement plans for the Ashland Community Center/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 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 December 31,2022. 2. Scope of Work: Consultant will provide civil,geotechnical,and structural engineering services to assist owner in obtaining city approved site improvement plans for the Ashland Community Center/Pioneer Hall as more fully set forth in the Consultant's Proposal dated March 15,2022,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 Page 1 of 6: PERSONAL SERVICES AGREEMENT BETWEEN.THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING CONSULTANTS INC. 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. 6. Compensation: City shall pay Provider for its Work at the hourly rates as set forth in Exhibit"A" (Civil, Structural, and Geotechnical Engineering Services Proposal), which is attached hereto and incorporated herein by this reference, as full compensation for Provider'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$24,750 (twenty-four thousand,seven hundred and fifty 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 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 $22,310.46 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, 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 whole or in part, effective upon Page 2 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING CONSULTANTS INC. 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 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. 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: Page 3 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING 1 CONSULTANTS INC. • 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. 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)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. • Page 4 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING CONSULTANTS INC. . • 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. 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. 19. 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 confirmed at the address or facsimile number set forth below: If to the City: Public Works Department 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: Construction Engineering Consultants Inc. PO Box 1724 Medford, OR 97504 20. . Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. 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 Page 5 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING CONSULTANTS INC. 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. 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: CONSTRUCTION ENGINEERING CONSULTANTS INC. (CONSULTANT): By: By: 'J Signature • ki.Fue:y M at r _ 1 . 144 y , Printed Name I Printed Name • lances Ucvcc.rtl- Etre 1 aLe4 Title Title • • 117-(2Z._ Date Date • Purchase Order No. (W-9 is to be submitted with this signed Agreement) • • • • Page 6 of 6: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CONSTRUCTION ENGINEERING CONSULTANTS INC. Exhibit A • CO. TRUCT ENGINEERING • ("0 SULT • P.O. BOX 1724• MEDFORD, OR 97501 • PH (541) 779-5268 Civil, Structural, and Geotechnical Engineering Services Proposal for Ashland Community Center (Grading, Fencing, Geotechnical Evaluation, and slope retaining) (City of Ashland Project No. 2022-_ March 15, 2022 • • Submitted to: City of Ashland—Department of Public Works Submitted by: Construction Engineering Consultants Inc. (Corporation) Federal Tax ID: 931103509 Mark Kamrath, President 132 West Main Street, Suite 103 Medford, OR 97501 Phone: (541) 779-5268 Email: mark@cecengineering.com Mark Kamrath, President Date • • PART 1 -Project Description 1.1 General The scope of work covered in this proposal is limited to providing civil, geotechnical, and structural engineering services to assist owner in obtaining city approved site improvement plans for the project as described below. Per discussions with Public Works staff, the project scope is presented with two options. Option "A"would consist of engineering plans and a geotechnical report and maintenance plans for minor grading of existing sloped area behind the Community , Center and Pioneer Hall. Improvement plans would include a site plan showing proposed soil removals and fencing of the area with access gates. The removal of two existing trees is recommended for safety and building longevity. . Option "B" would consist of engineering plans, a geotechnical report, and structural • designs for the installation of a retaining wall behind the Community Center and.Pioneer Hall. Improvement plans would include a site plan showing proposed retaining wall and fence/gate locations. Structural calculations, plans, and details would be included for the retaining wall. The removal of the existing trees would be necessary for the anticipated improvements as well as safety and building longevity. Scope of work is limited to the above and below described engineering services related to on-site improvements only and excludes any off-site improvements unless noted otherwise. PART 2 -Option "A" Scope of Services 2.1 Civil Engineering Construction Documents A. Site Plan and Grading Design • 1. Grading design of area behind buildings to provide for minor soil removals 2. Layout of fencing and gates , 3. Prepare Site & Grading Plans • • • 2.2 Geotechnical Engineering Services 1. A ground-level reconnaissance of the slope above the community center will be • completed by a licensed Geotechnical Engineer/Geologist from AGEGC. The Geotechnical Engineer will document areas of instability, types of instability, and causes of slope instability. 2. AGEGC will provide geotechnical recommendations for remediation of the existing slope including grading of the slope, removal of existing slope debris from the toe of the slope, erosion control measures, and tree removal. 3. Recommendations for long-term maintenance for the slope to minimize the risk of, future damage to the community center due to the slope. 4. Work will include three site visits to the property, engineering/geologic analyses, and a written report discussing our observations and recommendations. The report will be provided in a PDF form. PART 3 -Option "B" Scope of Services 3.1 Civil Engineering Construction Documents A. Site, Drainage, and Grading Design/Drawings 1. Grading design of area behind buildings including proposed walk and wall elevations 2. Design of drainage system for retaining wall and sidewalk adjacent to existing building. • 3. Layout of fencing and gates 4. Prepare Site, Drainage, & Grading Plans • 3.2 Geotechnical Engineering Services 1. A ground-level reconnaissance of the slope above the community center will be completed by a licensed Geotechnical Engineer/Geologist from AGEGC. The Geotechnical Engineer will document areas of instability, types of instability, and causes of slope instability. 2. AGEGC will provide geotechnical recommendations for remediation of the existing slope including grading of the slope, removal of existing slope debris from the toe • of the slope, erosion control measures, and tree removal. 3. Recommendations for long-term maintenance for the slope to minimize the risk of future damage to the community center due to the slope. 4. Work will include three site visits to the property, engineering/geologic analyses, and a written report discussing our observations and recommendations. The report will be provided in a PDF form. - , 5. AGEGC will provide recommendations for the type of slope retaining system and geotechnical design criteria for the system. 6. AGEGC will provide discussion of construction considerations for the type(s) of retainage system chosen by the city/design team. 7. Work will include at least one remote meeting with the design team and city to discuss the various retaining system options and considerations, engineering/geologic analyses, and a written report discussing our observations and recommendations. The report will be provided in a PDF form. 3.3 Structural Engineering Services 1. Structural calculations for the concrete retaining wall and sidewalk. 2. Structural details of the retaining wall and sidewalk. 3. Concrete and reinforcing bar specifications noted on the structural detail drawings 3.4 Bid and Construction Period Assistance A. Bid Administration Assistance • • 1. Respond to questions and review alternates. • B. Construction Period Assistance 1. Respond to questions for unanticipated conditions and plan clarifications. Note: This service is on an "as-needed" basis at the discretion of the Owner or the Owner's representative. Budget provided in Part 4 is based on similar private projects of this size and scope but can vary depending on the contract method and contractor chosen. PART 4 -Services Not Included 4.1 General A. Material Testing B. Special Inspections ' C. Construction inspections (can be provided as an additional service at time and materials) D. Off-site design/documents not noted above E. Surveying F. Acquisition of easements G. Landscaping or irrigation design H. Traffic engineering I. Quantity/Cost Estimates J. Flood Studies K. Permit or agency plan review fees L. Environmental or archeological studies, work, or mitigation M. Revisions to project scope or at the request of the owner N. As-built survey or Civil record drawings O. Site Planning 1. Revisions to site plan after substantial work has been completed may require additional work. • • PART 5-Professional Services Fee 5.1 Service Fee A. The fee for the civil engineering services as described herein shall be billed on an hourly basis at the rates listed below. Miscellaneous expenses shall be billed at cost plus 5%. Total fee for the project is anticipated to be as listed below subject to the conditions stated in Parts 1-3 and dependent on scope of work actually performed as follows: B. Option A • 1. Civil Engineering Construction Documents (Sec. 2.1) - $5,500 to $ 8,500 2. Geotechnical Engineering Services (Sec 2.2) - $4,000 . • C. Option B 1. Civil Engineering Construction Documents (Sec. 3.1) - $8,500 to 11,500 • • 2. Geotechnical Engineering Services (Sec 3.2) - $6,500 .• 3. Structural Engineering Services (Sec 3.3) - $6,750 • 5.2 Payment Schedule A. Progress billing shall be monthly based upon actual hours and expenses 5.3 CEC Hourly Fee Schedule (Sub-consultant fee schedule available upon request) A. Principal—$155.00 per hour B. Project Engineer—$110.00 to $140.00 per hour • • . C. Engineering Technician Ill -$95.00 to $110.00 per hour • D. Engineering Technician II —$85.00 to $95.00 per hour • • E. Engineering Technician I —$65.00 - $85.00/hr) • Submitted By: Date: Mark Kamrath,President , Accepted By: Date: Attorney Fees.If any action is brought by any party to this Agreement to enforce or interpret its terms or provisions,the prevailing party will be entitled to reasonable attorney fees and costs incurred in connection with such action prior to and at trial and on any appeal therefrom. Governing Law.All matters with respect to this Agreement,including but not limited to matters of validity,construction,effect,and performance, will be governed by the laws of the State of Oregon applicable to contracts made and to be performed therein between residents thereof,regard- less of the laws that might be applicable under principles of conflicts of law. Counterparts.This Agreement may be executed in two or more fully or partially executed counterparts,each of which will be deemed an original binding the signer thereof against the other signing parties,but all counterparts together will constitute one and the same instrument. Certain Rules of Construction.No implication will be drawn against any party hereto by virtue of which party drafted this Agreement. Entire Agreement.This Agreement and the other agreements executed contemporaneously herewith and any other document to be furnished pursuant to the provisions hereof embody the entire agreement and understanding of the parties hereto as to the subject matter contained herein. There are no restrictions,promises,representations,warranties,covenants,or undertakings other than those expressly set forth or referred to in such documents.This Agreement and such documents supersede all prior agreements and understandings among the parties with respect to•the subject matter hereof. Severability.Any term or provision of this Agreement that is invalid or unenforceable in any jurisdiction will,as to such jurisdiction,be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreen ent or affecting the validity or enforceability of any of the terms or provisions of this Agreement. • 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 s wa•e. $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. y If their employer is the City of to the first 1040 hours worked Ashland, including the Parks jn 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. 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 EXHIBITC • • 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. (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. V (3)Telephonelisting 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) 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. • Consultant's ignature Date • Page I of l: EXHIBIT C ® 4 oCERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 04/06/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must 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). PRODUCER CONTACT Susan Wilson NAME: Brown&Brown of Oregon,LLC PHONE (541)772-1111 FAX JA/C.No,Ext): (A/C,No): 3256 Hillcrest Park Drive E-MAIL Susan.Wilson@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE ' NAIC# Medford OR 97504 INSURER A: Continental Casualty Company 20443 INSUREDINSURER B: Lloyd's . Construction Engineering Consultants,Inc. INSURER C: P 0 Box 1724 INSURER D: INSURER E: Medford OR 97501 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2231528393 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 ADDL SUER POLICY EFF POLICY EXP - LTR TYPE OF INSURANCE JNSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 X X DAMAGE TO RENTED CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 - A 2067238517 03/15/2022 03/15/2023PERSONALBADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: • GENERAL AGGREGATE $ 2,000,000 POLICY n JEC n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employment Practices $ 10,000 AUTOMOBILE LIABILITY (EEGM9cidEDt)INGLE LIMIT $ 1,000,000 ^,ANY AUTO X X BODILY INJURY(Per person) $ A OWNED SCHEDULED 2067238517 03/15/2022 03/15/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS „HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY x AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB 'OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-IA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • Professional Liability(E&O) B -- — - -- -- I 160621PCONS0225211i (06/03/2021) (06/03/2022- Limit) 4$2,000000 Deductible: $ 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES,(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Policy includes Blanket Additional Insured&Blanket Waiver of Subrogation coverage as required by written contract per endorsement SB146968B(attached). Re: Ashland Community Center/Pioneer Hall. • 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 POLICY PROVISIONS. 20 E Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 - Wia'1"' 1 ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SB146968B CNA (Ed.6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury"or"property damage"; or b. Offense that caused the"personal and advertising injury"; for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement; or c. "Your work" that is specified in the written contract or written agreement, but only for "bodily injury" or "property damage"included in the"products-completed operations hazard", and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to"bodily injury", "property damage" or"personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved. r CNA SB146968B (Ed.6 6 ) 4. The insurance provided to the additional insured does not apply to"bodily injury", "property damage" or"personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businessowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or"suit'under this insurance; 2. Tender the defense and indemnity of any claim or"suit"to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2. below: a. Tender the defense and indemnity of any claim or"suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part; and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or"suit"from the additional insured. D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3. and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any"suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. N E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON. POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the"products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B(6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. www.saif.com ■ s a I Work. Life. Oregon. Oregon Workers' Compensation Certificate of.Insurance Certificate holder: CITY OF ASHLAND 20 E. MAIN ST ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact Construction Engineering Consultants SAIF Corporation PO Box 1724 Portland Service Center Medford, Or 97501-0134 503.673.5283 servic@saif.com Issued 04/07/2022 Limits of liability Policy 497145 Bodily Injury by Accident $1,000,000 each accident Period 10/01/2021 to 10/01/2022 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit Description of operations/locations/special items Important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate ' does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative eAt- e Chip Terhune \ President and CEO 400 High Street SE Salem,OR 97312 P:800.285.8525 Policy_OLCA CertificateOflnsurance F:503.584.9812