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HomeMy WebLinkAbout2022-143 PO 20230074- Construction Engineering Consultants Inc Purchase Order Val DER RECORDER Fiscal Year 2023 Page: 1 of: 1 B City of Ashland itt ', ,i ZM e_ `2� I ATTN: Accounts Payable 20 E. Main • Purchase 20230074 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Public Works Department E CONSTRUCTION ENGINEERING CONSULTANTS INC I 51 Winburn Way N PO BOX 1724 p Ashland, OR 97520 Q MEDFORD, OR 97501 Phone: 541/488-5347 R T Fax: 541/488-6006 arrs�r�_hD�exl� —".�.�� 3 I k i:51{ei�=`d=•;5 ,�,`�'* �° '�a'� � .� ,{1 .1Ff���i{ �� N� ���'-o- Scott Fleury f4rri3O 0. 35 0 e`7 - 07/21/2022 939 FOB ASHLAND OR/NET30 City Accounts Payable _ _ r4 AN_ _ rZ - 7 I Surveying Railroad Park 1 Civil and land surveying for Railroad Park . 1.0 $17,000.00 $17,000.00 Personal Services Agreement (Less than $35,000) Completion date: 12/31/2022 • Project Account: Project Account: Project Account: ***************GL SUMMARY*************** 010220-604100 $5,666.66 081200-704200 $5,666.67 123000-704200 $5,666.67 • rr A.A Date: i /7,1_1 By Au horized ignature 17 000.00 FORM #3 CITY OF A request for a Purchase 7 ASHLAND REQUISITION Date of request: 07/01/2022. Required date for delivery: Vendor Name Construction Engineering Consultants Address,City,State,Zip PO Box 1724 Medford OR 97501 Contact Name&Telephone Number Mark Kamrath 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) ❑ 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# ❑ VerbalNVritten bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ 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 ❑ (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 0 Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council © Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until:_ _,(Date) Description of SERVICES Civil and land surveying for Railroad park TOTAL COST $ 11,00,0:Q0 ... Item# Quantity Unit Description of MATERIALS •Unit Price Total Cost Per attached quote/proposal ; TOTAL' COST , ..e.—e— o acc $ Project Number _ _ _ Account Number - 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 equisition form,I certify that the City's public c tracting requirements have been satisfied. y `��� .19. 2o L'L Employee: G�� rtment Head: /�— �\1r '' ' o or gre. er than$5,000) Department Manager/Supervisor: City Manager: __ (Greater than$35 000 Funds appropriated for current fiscal year: 41, / NO 7 ?, /22 Finance Direct r-(Equal to or greater than$5,000) Da e Comments: Form#3-Requisition Design/Survey—Railroad Park Overall Contract Total-$17,000 • Tourism (010220.604100) -$5,666.66 (33%) • Street(081200.70200) -$5,666.67 (33%) • Parks(123000.704200) -$5,666.66 (33%) I 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@cecenciineering.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"), to provide civil engineering and land surveying services to assist owner in obtaining city approved pedestrian access and driveway improvement plans for Railroad Park historic medallion. 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 fmal payment therefore,but not later than December 31,2022. 2. Scope of Work: Consultant will provide civil engineering and land surveying services to assist owner in obtaining city approved pedestrian access and driveway improvement plans for Railroad Park historic medallion as more fully set forth in the Consultant's Proposal dated June 23, 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$17,000(seventeen thousand 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. S. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 9. Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, 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 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: � ; Signature oma- FL.seLy P4 V1 k 0044 ref+1'1 Joscph L.L..JJuLLl Printed Name 7vrJ-i waQ Ptecctcsz. FeesL .eNy Title P.Neu. Outgu�� , Ztzz (.— -=W Date Date 97 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 B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating sa ment of a livin. wase. $15.96 per hour, effective June 30, 2021. The Living Wage is adjusted annually every /r, 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. > 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.vvvvvv,.ashlarid.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF �S H LAN D 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. (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. (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 signature —ZP/= 7_DZ7 Date Page 1 of 1: EXHIBIT C Co.4sTRUCTI. ENGINEERING C'ZsULT � P.O. BOX 1724• MEDFORD, OR 97501 • PH (541)779-5268 Civil Engineering and Land Surveying Services Proposal for Railroad Park - Historic Medallion (City of Ashland Project No. 2022 June 23, 2022 prqCITY F rASHLAND 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 Emaimarkcecengineering.com 6A67(202-a A thony "Ake, Vice President Date PART 1 -Project Description 1.1 General The scope of work covered in this proposal is limited to providing civil engineering and land surveying services to assist owner in obtaining city approved pedestrian access and driveway improvements improvement plans for the project as described below. The anticipated scope of civil engineering and land surveying services for the project shall consist of design and preparation of construction plans for pedestrian ADA compliant improvements of"A" Street, near the intersection of 7'h Street along the frontage of existing Railroad Park as well as a driveway and ADA compliant access route into Railroad Park. 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 -Scope of Services 2.1 Civil Engineering Concept Design Phase A. Improvement Layout 1. Review topographic survey for incorporation into design and construction documents 2. Layout of improvements (curbs, walks, and driveway approach) 3. Prepare preliminary civil improvement plans for City review and comment 2.2 Civil Engineering Construction Documents Phase A. ADA and Driveway Access Design 1. Final horizontal design and adjustments based on City review comments and detailed locations of anticipated improvements. 2. Final sidewalk and driveway vertical and horizontal design to meet ADA requirements. 3. Prepare Sidewalk, ramp, and driveway construction plans. B. Erosion Control 1. Addition of erosion control measures on civil construction plans. 2. Prepare erosion control plans C. Utility Coordination 1. Notify and coordinate with Utility Companies (Power, CATV, Gas, Telephone)for possible relocations and adjustments to their existing facilities. 2.3 Land Surveying Services (Sub-Consultant) 1. Research of deeds, easements, surveys, and utilities along "A" Street at the intersection with 7th Street. 2. Field survey to re-establish project survey control network previously utilized and to map existing site and street improvements to include pavement, curbs, sidewalks, driveways, utilities, retaining walls, fence lines, drainageways, slopes, grades, signs and other general topographic features. 3. Reset survey monuments, if needed, destroyed by construction activities and provide construction staking for handicap ramp installation and facilities. (Optional- Contractor chosen may be required to provide this service) 4. Office calculations and analysis of field survey data to determine right-of-way boundaries and preparation of the topographic site mapping at one half foot contour intervals. Deliverables to include mapping in electronic AutoCAD.dwg format as well as on printed media to a standard engineering scale. 2.4 Bid and Construction Period Assistance A. Bid Quantities 1. Provide bid quantities for city staff to use in preparing the project bid documents. B. Bid Administration Assistance 1. Respond to questions and review alternates. C. Construction Period Assistance 1. Respond to questions for unanticipated conditions and plan clarifications. Note: B & C are 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 3 -Services Not Included 3.1 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. Geotechnical Engineering 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 4-Professional Services Fee 4.1 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: 1. Civil Engineering Services (Sec. 2.1 thru 2.2) -$8,500 to 10,500.00 2. Land Surveying Services (Sec 2.3)-$4,000.00 3. Bid and Construction Period (Sec 2.4)-$2500.00 4.2 Payment Schedule A. Progress billing shall be monthly based upon actual hours and expenses 4.3 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: Mark mrath,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 Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement. CITY OF FORM #4 ASHLAND NrC2cD 1.30K/414=YEN ap5000 aDOW5000 To: Joseph L.Lessard,City Manager From: Scott Fleury,PE,Director of Public Works Date: 7/7/2022 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. Background The department's intent is to hire CEC. CEC will provide civil engineering and land surveying services to assist owner in obtaining city approved pedestrian access and driveway improvements improvement plans for the project as described below. The anticipated scope of civil engineering and land surveying services for the project shall consist of design and preparation of construction plans for pedestrian ADA compliant improvements of"A"Street, near the intersection of 7th Street along the frontage of existing Railroad Park as well as a driveway and ADA compliant access route into Railroad Park. 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. 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? The City of Ashland Engineering Division does not have the adequate staff time or appropriate resources to provide the scope of service contemplated under this contract.In addition, no other Department in the City has the resources or technical knowledge to complete the work associated with this personal services contract. Requested by: Date: De e a��'�� :. Approved by: Date: City Manager Comments: Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 1,7/7/2022