HomeMy WebLinkAbout2025-144 AGRMT DOWL LLC -.� C I r Y 0 F Personal Services Agreement
-SHLAN D
City Information Consultant Information
City of Ashland Firm Name: DOWL LLC.
Attn: Karl Johnson Contact: Mike Hawkins
20 East Main Street Address: 3502 Excel Drive, Suite 105
Ashland, Oregon 97520 Medford, OR 97504
Phone:(541) 488-5587 Phone: (541) 774.5590
Email: karl.johnson@ashland.or.us Email: mhawkins@dowl.com
Contract Summary
Procurement Method: Request for Proposals
Completion Date: 12/31/2026
Contract Amount: $ 492,206.40 not to exceed
Description of Services: N Mountain Ave Overlay Project—Construction Contract Administration/Construction Engineering and Inspection(CA/CEI)
Supporting Documents: Statement of work Dated: 8/8/25
Dated:
Dated:
Dated:
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and the Consultant listed
under Consultant Information above, ("hereinafter "Consultant"), for the services listed under
Description of Services and Supporting Documents as noted in the Contract Summary above. In
the event of conflict between provisions of the Supporting Documents, the Supporting Documents
shall be given precedence in the order listed above.
This Agreement, the Exhibits and the 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. The Consultant's initials [J l herein signify
acknowledgment and agreement to this provision, if applicable, or if not sign "N/A".
Consultant's services are collectively referred to in this Agreement as the "Work."
Page 1 of 8 Personal Services Agreement Between the City of Ashland and
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 the Completion Date listed under the Contract
Summary in the table one page one of this agreement.
1.1. Time is of the essence. 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.
2. Compensation: City shall pay Consultant the sum listed as the"Contract Amount" under the
Contract Summary on page one of this document 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 Contract Amount without
the express, written approval from the appropriate Department Head or City Manager.
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.
3. Consultant Obligations:
3.1. Independent Contractor Status. Consultant is an independent contractor and not an
employee of the City for any purpose. Consultant shall have the complete responsibility
for the performance of this Agreement. Consultant shall provide workers' compensation
coverage as required in ORS Chapter 656 for all persons employed to perform Work
pursuant to this Agreement. Consultant is a subject employer that will comply with ORS
656.017.
3.2. Qualified Work. Consultant has represented, and by entering into this Agreement now
represents,that all personnel assigned to the Work to be performed under this Agreement
are fully qualified to perform the services to which they will be assigned in a skilled manner
and, if required to be registered, licensed, or bonded by the State of Oregon, are so
registered, licensed, or bonded.
3.3. Assignment. Neither party shall assign this Agreement or subcontract any portion of
the Work without the written consent of the other party, which shall not be
unreasonably withheld. Any attempted assignment or subcontract without written
consent of City shall be void. Consultant shall be fully responsible for the acts or
omissions of any assigns or subcontractors and of all persons employed by them, and
the approval by City of any assignment or subcontract of the Work shall not create any
contractual relation between the assignee or subcontractor and City.
Page 2 of 8 Personal Services Agreement Between the City of Ashland and
3.4. Work Performance Obligation. Consultant shall, at its own risk, perform the Work
described in the Description of Services and in the Supporting Documents and, unless
otherwise specified in this Agreement, furnish all labor, equipment, and materials required
for the proper performance of such Work.
3.5. Certification. Consultant agrees to and shall sign the certification attached hereto as
"Exhibit C" and incorporated herein by this reference.
4. Insurance: Consultant shall, at its own expense, maintain the following insurance:
4.1. Worker's Compensation. Worker's Compensation insurance in compliance with ORS
656.017, which requires subject employers to provide Oregon workers' compensation
coverage for all their subject workers.
4.2. Workers' Compensation Exemption. If applicable, Consultant affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 656.027.
Exemption criteria: Enter criteria here or delete if not applicable
Consultant initials if exempt: Date:
4.3. 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 damage
caused by error, omission or negligent acts related to the Work to be provided under this
Agreement.
4.4. 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.
4.5. Automobile Liability insurance with a combined single limit, or the equivalent, of not
less than $2,000,000 (two million dollars) for each accident for Bodily Injury and Property
Damage, including coverage for owned, hired or non-owned vehicles, as applicable.
4.6. 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.
4.7. Additional Insured/Certificates of Insurance. Consultant shall name the City of
Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds
on any insurance policies, excluding Professional Liability and Workers' Compensation,
required herein, but only with respect to Consultant's services to be provided under this
Agreement. The consultant's insurance is primary and non-contributory. As evidence of
the insurance coverages required by this Agreement, the Consultant shall furnish
acceptable insurance certificates prior to commencing the Work under this Agreement.
The certificate will specify all of the parties who are Additional Insureds. Insuring
Page 3 of 8 Personal Services Agreement Between the City of Ashland and
companies or entities are subject to the City's acceptance. If requested, complete copies
of insurance policies; trust agreements, etc. shall be provided to the City. The Consultant
shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or
self-insurance.
5. Termination:
5.1. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
5.2. 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.
5.3. 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:
• 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; or
• 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
• 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.
5.4. For Default or Breach. 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.
5.4.1. 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.
Page 4 of 8 Personal Services Agreement Between the City of Ashland and
5.5. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant
to subsections 5.1, 5.2, or 5.3 above shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination or modification.
However, upon receiving a notice of termination (regardless of whether such notice
is given pursuant to subsection 5.1, 5.2, 5.3, or 5.4 of this section, Consultant
shall immediately cease all activities under this Agreement, unless expressly
directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all documents, information, works-in-progress and other
property that are or would be deliverables had the Agreement been completed. City
shall pay Consultant for Work performed prior to the termination date if such
Work was performed in accordance with this Agreement.
5.6. The rights and remedies of City provided in this subsection are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
6. 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, to extent
caused by the negligent performance of this Agreement by Consultant (including but
not limited to, Consultant's employees, agents, and others designated by Consultant to
perform Work or services attendant to this Agreement). However, Consultant shall not be
held responsible for any losses, expenses, claims, costs, judgments, or other damages,
caused solely by the gross negligence of City. Consultant's defense obligations under this
indemnity paragraph mean only the reimbursement of reasonable defense costs to the
proportionate extent of Consultant's actual liability obligation hereunder.
7. Consultant's Compliance with Tax Laws: Consultant represents and warrants to the City
that: Consultant shall comply with all Oregon tax laws, including but not limited to ORS
305.620, ORS 305.380(4), and ORS Chapters 316, 317, 318, in addition to any rules,
regulations, charter provisions, or ordinances that implement or enforce any of the foregoing
tax laws or provisions and any tax provisions imposed by a political subdivisions of the State
of Oregon.
8. Living Wage Requirements: If the amount of this Agreement is $26,429.65 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.
9. 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
addresses set forth on page one of this agreement with a copy to:
Page 5 of Personal Services Agreement Between the City of Ashland and
City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
10. General Provisions:
10.1. 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. Such documents are not intended or represented
to be suitable for reuse by the City or others or on any other project. Any modification or
reuse without written verification of Consultant will be at City's sole risk. City shall
indemnify and hold harmless Consultant and Consultant's Consultants from all claims,
damages, losses, and expenses including attorney fees arising out of or resulting,
therefore.
10.2. Non-appropriations Clause - Funds Available and Authorized: City has
sufficient funds currently available and authorized for expenditure to finance the costs of
this Agreement within the City's fiscal year budget. Consultant understands and agrees
that City's payment of amounts under this Agreement attributable to Work performed
after the last day of the current fiscal year is contingent on City appropriations, or other
expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the
event City has insufficient appropriations, limitations or other expenditure authority, City
may terminate this Agreement without penalty or liability to City, effective upon the
delivery of written notice to Consultant, with no further liability to Consultant.
10.3. Statutory Requirements: The following laws of the State of Oregon are hereby
incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and
279B.235.
10.4. 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.
10.5. Governing Law: This Agreement shall be governed by the laws of the State of
Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any
action arising under this Agreement shall be in the Circuit Court of the State of Oregon
for Jackson County unless exclusive jurisdiction is in federal court, in which case
exclusive venue shall be in the federal district court for the district of Oregon. Each party
expressly waives any and all rights to maintain an action under this Agreement in any
Page 6 of Personal Services Agreement Between the City of Ashland and
other venue, and expressly consents that, upon motion of the other party, any case may
be dismissed, or its venue transferred, as appropriate, so as to effectuate this choice of
venue.
11. Merger: This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, modification or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and
for the specific purpose given. There are no understandings, agreements, or representations,
oral or written, not specified herein regarding this agreement. Consultant, by signature of its
authorized representative, hereby acknowledges that he/she has read this agreement,
understands it, and agrees to be bound by its terms and conditions.
Page 7 of 8 Personal Services Agreement Between the City of Ashland and
WITNESS WHEREOF, the parties have executed this Agreement in their respective names by
their duly authorized representatives as of the dates indicated below. This Agreement may be
executed in two counterparts, each of which shall be deemed an original, with equal force and
effect as if executed in a single document.
City of Ashland: (Consultant)
Sabrina Cotta
By• Digitally signed by Jason Kelly
DN:CN=Jason Kelly,OU=Standard,
g Jason Ke 11 y OU=Users OU=Staff,DC=DOWL,
Sabrina Cotta, CityManager DC=COM
Date:2025.11.05 16:57:31-05'00'
11/10/2025 Signature
Jason Kelly
Date
Printed Name
CE Senior Project Manager
Title
Purchase Order No.
11/05/2025
Date
(W--9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Carmel Zahran
City Attorney
11 .7.25
Date
Page 8 of 8 Personal Services Agreement Between the City of Ashland and
CITY OF , OREGON
City of Ashland
LIVING
• • - WAGE
per hour, effective June 30, 2024.
The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
portion of the business of of health care, retirement,
their employer, if the 401 K, and IRS eligible
employer has ten or more cafeteria plans (including
employees, and has received childcare) benefits to the
➢ For all hours worked under a financial assistance for the employee's amount of wages.
service contract between their project or business from the
employer and the City of City of Ashland over ➢ Note: For temporary and
Ashland if the contract $26,429.65; part-time employees, the
exceeds $26,429.65 or more. Living Wage does not apply
➢ If their employer is the City of to the first 1040 hours worked
➢ For all hours worked in a Ashland, including the Parks in any calendar year. For
month, if the employee and Recreation Department. more details, please see
o Ashland Municipal Code
spends 50/o or more of the ➢employee's time in that month In calculating the living wage, Section 3.12.020.
working on a project or employers may add the value
For additional information:
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashlancl.or.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
!,�rC�--,C [ T Y 0 F
-ASHLAND
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 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 errors and omission (professional
liability) insurance or liability insurance relating to the Work or services to be
provided.
Consultant's signature
Date
Page 1 of 1: Exhibit C
BOWL
August 8, 2025
Karl Johnson, E.I.T.
City of Ashland Engineering Department
20 East Main Street
Ashland, OR 97520
Subject: N. Mountain Avenue Overlay— 1-5 to E. Main 2752.80159-01
Dear Karl:
DOWL proposes the following amended Statement of Work for the ADA curb ramps, street
overlay, and partial reconstruction of N. Mountain Avenue — 1-5 to East Main Street.
Scope of Work
Amendment 6 covers the final stages of the project, which is the Construction Contract
Administration/Construction Engineering and Inspection (CA/CEI).
TASK CE-01 PROJECT MANAGEMENT
This activity is continuous throughout the duration of these CA/CEI Services. Consultant shall
guide and direct the CA/CEI Services and Consultant's team in conformance with the
amendment requirements of the CA/CEI Services and the Project's goals and objectives.
Consultant shall monitor progress of the Project and CA/CEI Services.
CE-1.1 Project Management and Coordination
Consultant shall:
• Provide leadership, direction, and control of these CA/CEI Services.
• Direct Consultant's team regarding overall CA/CEI activities and team meetings.
• Maintain liaison, communication, and coordination between Consultant's staff, City of
Ashland (City) Staff, and Construction Contractor (CC) to facilitate timely and efficient
operations for all involved.
Deliverables:
• Ongoing coordination and communication as needed to appropriately manage the CA/CEI
Services (no tangible deliverables for this task)
CE-1.2 Status Reports and Invoices
Consultant shall prepare 9 monthly Status Reports throughout the duration of the CA/CEI
Services.
The Monthly Status Report must:
• Describe the previous month's Consultant activities.
• Describe the planned activities for the following month.
• Identify any issues or concerns that may affect the CA/CEI Services and budget, or the
Project schedule and Project budget.
541-774-5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 2 of 10
If the construction Project schedule milestones are significantly revised, Consultant shall attach
the updated Project schedule and submit with Monthly Status Report. Consultant shall submit
the Monthly Status Reports to the City with the monthly Consultant invoice.
Assumptions
Construction is anticipated to begin November 2025 with an overall duration of 7 months.
Deliverables
• Monthly Status Report- Submit to the City with the monthly invoice no later than the 15th
calendar day of the month following the reporting month
TASK CE-02 Construction Contract Administration/Construction Engineering and
Inspection (CA/CEI)
Consultant shall support the Project's needs by providing CA/CEI Services required for the City
to certify that the Project was completed according to the Plans and Specifications for the
Project. Consultant shall engage the Professional of Record (POR) as needed to provide the
engineering services required to administer design changes which may become necessary
during the construction phase of the work.
CE-2.1 Project Progress Meetings
Consultant shall:
• Conduct the Pre-Construction Conference with the City of Ashland staff and the CC.
• Conduct periodic Project Progress Meetings with the CC and the City as needed. The
Project Progress Meetings are intended to promote Project progress, proper
communications, effective working relationships, and timely issue resolution.
ASSUMPTIONS FOR BUDGETING PURPOSES: Project Progress Meetings are assumed to
be weekly (during active construction) with no more than 4 Consultant staff attending and 30
meetings are assumed, including any activity specific meetings.
CE-2.2 Construction Contract Administration
Consultant shall provide day-to-day administration of the construction contract. Consultant shall
complete contract administration tasks as outlined in the ODOT Construction Manual, the Local
Public Agency Quality Assurance Program, the Nonfield-Tested Materials Accepted Guide, the
ODOT Inspector's Manual, the QCCS Handbook, the Qualified Products List ("QPL"), the
Contract Plans and Specifications, and this amendment.
In addition to any other requirements identified in the reference standards identified above,
Consultant shall:
• Issue First Notification when on-site construction work begins.
• Monitor overall budget and costs included in the Project Construction Authorization.
• Review Contractor's Request for Subcontract Consent.
• Prepare, submit, and coordinate processing of CCO and EWO.
• Prepare, track, and submit to City billings from CC.
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 3 of 10
Deliverables
• First Notification, Second Notification (substantial completion), Third Notification (warranty),
and Final Acceptance
• Approved Subcontracts
• Draft CCO and EWO documents with supporting documents (cost estimate and justification)
CE-2.3 Monthly Preliminary Progress Estimates
Consultant shall:
• Prepare the monthly preliminary progress estimate for CC's work performed through the
25th day of each month.
• Submit the preliminary progress estimate or"no work" confirmation to the LAPM no later
than the First Work Day of each month.
Deliverables
• Monthly Preliminary Progress Estimate
CE-2.4 Working Drawings, Shop Drawing and Submittal Review
Consultant shall review construction shop drawings and working drawings submitted either
electronically or in paper form by the CC. If electronic submittals are received, Consultant shall
process them according to the ODOT Guide to Electronic Shop Drawing Submittal. Consultant
shall log in the submittal when it arrives, track the submittal to ensure timely response, and log
out the reviewed submittal when it is returned to the CC. Consultant shall conduct submittal
review in accordance with Section 00150.35 of the Standard Specifications, and the ODOT
Construction Manual, Chapter 16 —Working Drawings. Of the multiple copies of each shop
drawing received from CC, Consultant shall:
• Maintain the as-submitted copies in the Project files.
• Conduct review and prepare mark-up/comment copies of the shop drawing. Stamped
Drawings must be signed and dated by the POR and marked as either Accepted, Accepted
with Comments, or Returned for Corrections. Unstamped Drawings shall be marked as
Approved, Approved as Noted, or Returned for Corrections.
• Include construction contract number on all shop drawings.
Consultant shall review the following submittals as required using the guidelines in ODOT's
Construction Manual, Chapter 16 —Working Drawings, the ODOT Guide to Electronic Shop
Drawing Submittal, and the Standard Specifications Section 00150.35:
• Traffic Control Plan
• Erosion Control Plan
• Pollution Control Plan
• Construction Schedules (baseline and monthly updates)
• Concrete Mix Design(s)
• Up to 40 others as required by construction contract specifications
• Review of up to 10 resubmittals
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 4 of 10
Deliverables:
• Approved shop drawings with comments returned electronically
CE-2.5 Consultation during Construction
Consultant shall provide consultation and technical services regarding design issues raised
during construction of the Project. Consultant shall clarify construction contract documents and
provide written responses to Requests for Information (RFIs). The design consultation will occur
only as required and may be ongoing throughout the CA/CEI Services and the Project.
Consultant shall engage the services of the POR on all matters involving design changes.
Deliverables:
• Written documentation of responses to CC or City inquiries submitted within 3 business days
of inquiry unless other delivery date is agreed to by the City
ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes up to 10 RFIs, each
requiring up to 4 hours of staff time for preparation and documentation of the response. Task
also assumes up to 25 hours of general coordination and consultation during construction.
CE-2.6 Design Modifications [CONTINGENCY TASK]
If Consultant or CC determines that design modifications may be necessary, Consultant shall
discuss potential changes with the City and POR prior to verbally agreeing on changes with CC
or preparing the appropriate contract change order documents, depending upon the type of
work (changed work, extra work, or force account work). Upon request by the City, Consultant
shall work with the POR to prepare detailed engineering design revisions necessitated by
conditions encountered during construction. These design revisions must be accompanied by
the necessary contract change order documents (CCO, EWO) to make them a part of the
construction contract.
Deliverables:
• Design details for modifications (prepared or approved by the POR for appropriate changes
to Project design) - Submit to the City at date agreed to when work was requested
CE-2.7 Claim(s) Support [CONTINGENCY TASK]
If authorized by the City, Consultant shall provide support to the City to review and respond to
all claims submitted by the CC as specified in the Oregon Standard Specifications Section
00199— Disagreements, Protests and Claims. Consultant tasks for claim(s) support may include
but are not limited to:
• Preparing memoranda and supporting documentation (photo logs, inspection reports,
memos, drawings, etc.) related to claims.
• Providing consultation related to claims (in person, via telephone, or email).
• Attending claim resolution meetings.
• Preparing a claim decision in conformance with the requirements of Standard Specifications
Section 00199.40(b).
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 5 of 10
ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes no more than 48 hours for
claim(s) support. Assume up to 1 claim, each requiring 2 staff to do 1 day of preparation and
attend up to 1 all-day meeting for each claim plus Principal and PM reviews and clerical
assistance.
Deliverables:
The deliverables for claim(s) support may include but are not limited to:
• Memoranda and supporting documentation (photo logs, inspection reports, memos,
drawings, etc.) related to claims
• Claim decision that satisfies Standard Specifications Section 00199.40(b)
TASK CE-03 CONSTRUCTION ACTIVITY MONITORING
CE-3.1 Construction Activity Monitoring
Consultant shall:
• Provide full-time inspection services to monitor construction activities during construction of
the Project using ODOT-certified Inspectors and require compliance with the construction
contract documents.
• Provide inspection concurrently with the CC's operation.
• Work closely with CC to ensure on-site inspections are coordinated with the construction
schedule.
• Prepare General Daily Progress Reports of construction for days Consultant is on site.
• Take photos of the various construction activities.
During site visits, Consultant shall also visually assess all erosion control devices and verify all
work is compliant with the issued regulatory permits and the special provisions. If deficiencies
are noted, Consultant's inspector shall immediately bring the deficiency to the attention of the
CC and the City and recommend a corrective course of action to comply with environmental
regulations, performance standards, and permit conditions.
This Task will also include ADA Ramp Inspections for compliance in general accordance with
Contract documents and ODOT procedures.
Deliverables:
• General Daily Progress Reports— Completed each day Consultant is on-site and made
available for review at Consultant's field office or home office. Originals submitted to The
City with final Project documentation submittal per Task 5.4.
ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes full time (40 hours/week)
inspection during the CC's activities for 30 weeks for 1 inspector.
CE-3.2Quality Control Monitoring (Non-Field Tested & Field-Tested Materials)
Consultant shall:
• Document the work and nonfield-tested materials incorporated into the Project.
• Monitor the CC's Quality Control (QC) program for conformance with requirements of the
ODOT Manual of Field Test Procedures and the construction contract documents.
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 6 of 10
• Monitor the CC's QC Program. One or more Consultant staff shall perform the QCCS
functions as defined in the QCCS Handbook and the Local Agency's Quality Assurance
Program, which is in Section 2 of the ODOT Manual of Field Test Procedures. Consultant
staff fulfilling the role of the QCCS shall be experienced in all areas of field testing and
documentation and be certified by the Agency's Technician Certification Program for the
specific tests being monitored.
The following are the approved Technician Certifications currently in place in the Technician
Certification Program:
• Certified Aggregate Technician (CAgT)
• Certified Embankment and Base Technician (CEBT)
• Certified Density Technician (CDT)
• Certified Asphalt Technician I (CAT-1)
• Certified Asphalt Technician II (CAT-11)
• Certified Mix Design Technician (CMDT)
• Quality Control Technician (QCT)
• Concrete Control Technician (CCT)
• Concrete Strength Testing Technician (CSTT)
Consultant shall:
• Review and monitor the CC's documentation for the quality of all materials incorporated into
the Project.
• Verify that all materials furnished, inspected by DOWL staff, and placed on the Project
comply with the approved specifications.
• Certify that the documentation confirms that all materials comply with the Construction
Contract requirements.
• Identify and monitor CC's quality control technicians, confirm proper and current
certification(s), and ensure that proper testing frequencies and procedures are being
followed. Monitoring must be done by Consultant staff experienced in all areas of field
testing and documentation and certified by ODOT's Technician Certification Program for the
specific tests being monitored.
• Take appropriate action if CC's quality contract technicians do not have proper or current
certifications, or if proper testing frequencies and procedures are not being followed.
Deliverables:
• Non-field and field-tested reports and certifications
TASK CE-04 CONSTRUCTION SURVEYING
Consultant's licensed Land Surveyor shall provide land surveying Services and deliverables that
conform to all state statutes pertaining to survey and land boundary laws. These include, but are
not limited to, the following Oregon Revised Statutes (ORS):
ORS Chapter 92 - Subdivisions and Partitions
ORS Chapter 93 - Conveyancing and Recording
ORS Chapter 209 - County Surveyors
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 7 of 10
ORS Chapter 672 - Professional Engineers; Land Surveyors; Photogrammetrists; Geologists
Consultant's survey personnel shall perform all construction surveying tasks in accordance with
the most recent version of the ODOT Construction Surveying Manual for Contractors (available
on line at: http://www.oregon.gov/ODOT/ETA/Pages/Manuals.aspx) to ensure conformance of
the Project construction with the approved plans and specifications. Consultant shall provide
qualified personnel to verify the Project is constructed to the lines and grades as shown,
specified, or established.
CE-4.1 Coordination, Calculation and Quality Assurance (QA) of Construction
Contractor's Survey Work
Consultant shall:
• Coordinate with City and CC as needed to verify that the construction survey work
completed by the CC for the Project is in conformance with the approved plans,
specifications, and applicable laws.
• Attend and participate in a pre-survey meeting with the CC, City, and others as appropriate.
Consultant shall coordinate with CC and City to determine participants and to schedule the
pre-survey meetings at an agreed-upon time no later than 2 weeks prior to beginning
construction. Prepare and distribute the meeting agenda to City and other participants at
least 4 business days prior to meeting. Prepare and distribute the meeting minutes to City
and other participants within 1 week of meeting.
• Perform QA review of CC's survey data including, but not limited to, office calculations and
stake-out information. Provide memo indicating dates and times grade calculation checks
were performed, and the results of the calculation checks. Include copy of notification to CC
on items not in compliance from calculation checks and when and/or what corrections were
made.
• Perform QA review of CC's field survey work. Provide memo indicating dates and times
grade calculation checks were performed, and the results of the calculation checks. Include
copy of notification to CC on items not in compliance from calculation checks and when
and/or what corrections were made.
ASSUMPTIONS FOR BUDGETING PURPOSES: This task assumes no more than 6 site visits
by a one-man survey crew for QA surveying.
Deliverables:
• Memo summarizing field checks 48 hours after field visit
CE-4.2 Locate, Recover& Reference Monuments
Consultant shall recover and reference monuments (as indicated below) in the location of the
ROW identified in the control, recovery, and retracement survey. Consultant shall document in
field notes the monuments either found or not found during the search phase. Consultant shall
ensure compliance with the requirements of ORS 209.155.
For all monuments not destroyed during construction activities, Consultant shall note in the field
that:
• All monuments were recovered (including date),
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 8 of 10
• All monuments exist per the control, recovery, and retracement survey, or
• All monuments are within the new ROW and do not need to be reset.
The monuments may or may not be retied to confirm their original surveyed positions. This
decision will be made based on Consultant surveyor's professional judgment.
Consultant shall:
• Recover monuments shown on the control, recovery, and retracement survey to confirm
they either still exist or were destroyed during construction.
• Note destroyed monuments that are within the Project limits.
• Locate and recover any new monumentation within the Project work zone which were
placed after the original field search and survey ties, which may include research of county
records as appropriate.
Deliverables:
• ASCII File of located monuments with monument point numbers and coordinates and any
other electronic files (such as .fwd, .aIg, ASCII, etc.) created or produced for the Project
documenting Monumentation surveying - Submit within 2 weeks after recording of the
survey filing map (SFM) with the appropriate County Surveyor's office
• Original field notes and 1 electronic .pdf copy - Submit within 2 weeks after recording of the
SFM with the appropriate County Surveyor's office
CE-4.3 Right of Way Monumentation
Consultant shall:
• Reset any monuments that have been disturbed by the construction activities of this project.
• Set control and/or ROW monuments within 45 days of the completion of construction.
Deliverables
• AutoCad Civil 3D file displaying the control and/or monuments —Submit within 2 weeks after
recording of the SFM with the appropriate County Surveyor's office
• Final report of monument station and offset relationship to the alignment(s) —Submit within
2 weeks after recording of the SFM with the appropriate County Surveyor's office
• Agency ROW files and copies of all deeds, court judgments, etc., from the appropriate
County—Submit within 2 weeks after recording of the SFM with the appropriate County
Surveyor's office
• Original field notes and 1 copy in .pdf format—Submit within 2 weeks after recording of the
SFM with the appropriate County Surveyor's office
• Final ASCII file of all control and monument points set—Submit within 2 weeks after
recording of the SFM with the appropriate County Surveyor's office
CE-4.4 Monumentation Survey Filing Map (SFM)
Consultant shall:
Create SFM in accordance with Agency Survey Filing Map Standards, County, and ORS 209
requirements. Consultant shall ensure preservation of existing survey markers in conformance
with Chapter 6.2 of the ODOT Construction Survey Manual for Contractors, available online at:
http://www.oregon.gov/ODOT/ETA/Pages/Manuals.asp .
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 9 of 10
• Submit the survey to Jackson County for filing on archival Mylar or acceptable media per
county requirements.
Deliverables
• SFM - File at the appropriate County Surveyor's office within 45 days of setting monuments.
• Submit the deliverables below to the City:
o Final recorded SFM and narrative regarding methodologies used — Submit within 2 weeks
of recording of the SFM with the appropriate County Surveyor's office.
TASK CE-05 PROJECT CLOSE-OUT
Consultant shall complete interim and final on-site inspections and submit all Project records
required for final payment and Project acceptance.
CE-5.1 Final Inspection(s)
Consultant shall attend a Project Final Inspection with CC and the City within 15 days of
receiving notice from the CC that all punch list items, final trimming, and cleanup according to
Section 00140.90 have been completed. If any additional construction items are identified,
Consultant shall provide a punch list of items requiring correction by the CC. Upon completion
of the punch-list items, Consultant shall meet with the City at Project site for a follow-up to the
Final Inspection, if necessary.
Deliverables:
• Comments for Project punch list to CC and the City 5 business days following final walk-
through
CE-5.2As-Constructed Plans
Consultant shall prepare as-constructed plans in conformance with the City standards.
The following clarifications or exceptions or both to the above reference documents apply to
Consultant-prepared as-constructed plans:
• As-constructed plans must be reviewed and approved by the POR prior to submittal to the
City.
• The submittal and distribution requirements are specified in the "Deliverables" section of this
task.
Deliverables:
Provide the City with PDF As-Built submittals, which shall be 11 x 17 in size.
• For Review:
o Submit As-Builts in PDF format
• Upon Approval:
o Provide full set As-Builts in PDF, formatted as Highest Quality Print
o Provide the As-Builts with all external reference files and post construction survey in
CAD format
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
Karl Johnson, E.I.T.
City of Ashland Engineering Department
Page 10 of 10
CE-5.3 Submittal of Final Project Documents
Consultant shall organize and submit the final Project documentation that was inspected by the
Consultant
Deliverables:
• All construction documents and general daily progress reports —Original documents
must be submitted to Local Agency within 90 calendar days of Final Project Acceptance
Estimated Fee
Estimated engineering hours for this work are detailed in the attached spreadsheet. Labor rates
are based on DOWL's 2025 billing rates table. We propose to complete the base services
outlined in our scope of work on a time-and-material basis for an estimated fee not to exceed
(NTE) $468,456.40 with contingency tasks totaling $23,750.00 to be completed only as
authorized by the City of Ashland. The approved fee will not be exceeded without prior written
authorization from the City of Ashland. Any changes to the scope of work, whether requested
by the City of Ashland or due to other circumstances, will be documented in writing and
promptly communicated to the City of Ashland.
We trust this proposal provides you with the information required for the N Mountain Avenue
Overlay project and hope it meets with your approval. If you have any questions, please do not
hesitate to contact me.
Sincerely,
Mike Hawkins, PE
Construction Project Manager
541.774.5590 ■ 3502 Excel Drive, Suite 105 ■ Medford, Oregon 97504 ■ www.dowl.com
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