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HomeMy WebLinkAbout2026-089 AGRMT The Galli Group CITY OF,A5 HLAN Q Personal Services Agreement City Information Consultant Information City of Ashland Firm Name: The Galli Group Attn: Kaylea Kathol Contact: Lynn Chand 20 East Main St Address: 405 NE 6th St Ashland, Oregon 97520 Grants Pass, OR 97526 Phone.,541-488-5587 Phone: (541) 955-1611 Email: kaylea.kathol@ashland.or.us Email: lchand@galligroup.com Contract Summary Procurement Method: Direct Award Completion Date: 12/31/2026 Contract Amount: 4000 not to exceed Description of Services: Provide structural special inspections related to the installation of a snow kit at the Ashland Ice Skating Rink Supporting Documents: Proposal Dated: Jul 21, 2026 Dated: Jul 21, 2026 Dated: Jul 21, 2026 Dated: Jul 21, 2026 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 LC C 1 herein signify acknowledgment and agreement to this provision, if applicable, or if not sign "NIA°'. 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 The Galli Group 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. Consultant shall not assign this Agreement or subcontract any portion of the Work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract of the Work shall not create any contractual relation between the assignee or subcontractor and City. Page 2 of 8 Personal Services Agreement Between the City of Ashland and The Gall! Group 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 U 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 The Galt! Group 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 The Galli Group 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, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses, expenses, claims, costs, judgments, or other damages, caused solely by the gross negligence of City. 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 $27,861.00 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 6 of Personal Services Agreement Between the City of Ashland and The Gall! Group 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. 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 2798.220, 27913.230 and 2798.235. 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 The Gall! Group 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 The Gall!Group 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: The Gall! Group (Consultant) 4 By: Ef Lyn hand(Jul 21,202a 16 33 49 Pin 5� Signature �sfF2.l `L026--- .2 Z .2a Lt. Lyn Chand Date Printed Name Senior Engineer Title Purchase Order No. Jul 21, 2026 Date (A-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: City Attorney Jul 21 , 2026 Date Page 8 of 8 Personal Services Agreement Between the City of Ashland and The Galli Group CITY OF ASH LAND, OREGON City of Ashland LIVING ALL employers described WAGE st comply with City • • laws regulatingpayment of a . . . . ' per hour, effective June 30, 2026. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. portion of the business of 401K, and IRS eligible their employer, if the cafeteria plans(including employer has ten or more childcare) benefits to the employees, and has received employee's amount of wages. ➢ For all hours worked under a financial assistance for the service contract between their project or business from the ➢ Note: For temporary and employer and the City of City of Ashland over$$27,861; part-time employees, the Ashland if the contract Living Wage does not apply exceeds$27,861 or more. ➢ If their employer is the City of to the first 1040 hours worked Ashland, including the Parks in any calendar year. For Y For all hours worked in a and Recreation Department. more details, please see month, if the employee Ashland Municipal Code spends 50% or more of the Y 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 I of health care, retirement, 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 www.ashIandoregon.gov. Notice to Employers: This notice must be posted in areas where it can be seen by all employees. ---,CIT V OF ASHLAND Exhibit C Certifications/Representations: Consultant, by and through its authorized representative, under penally 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. LC (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. C (2) Commercial advertising or business cards or a trade association membership are purchased for the business. LC LC (3) Telephone listing is used for the business separate from the personal residence listing. LC IC (4) Labor or services are performed only pursuant to written contracts. (5) tabor or services are performed for two or more different persons within a period of one year. L�LC (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. G�� Cdtan�l Lyn hand 121.292d I 33 49 FDT) Consultant's signature 07/21/2026 Date Page 1 of 1: Exhibit C i TH GAIN GROUP eotechnicat Consutting P26144 July 17, 2026 Kaylea Kathol, PMP Sr. Project Manager City of Ashland Public Works 51 Winburn Way, Ashland OR 97520 kaylea.kathol a,ashland.or.us 0: (541) 552-2414 1 C: (541) 891-1 164 Subject: CONSTRUCTION SPECIAL INSPECTION& TESTING PROPOSAL ASHLAND ICE RINK/PARKING STRUCTURE 95 WINBURN WAY ASHLAND, OREGON Kaylea: We are pleased to provide you with this proposal for testing and inspection services for the permanent construction improvements to the existing ice rink/parking structure, located at the above address, in Ashland, Oregon. This proposal is based on our discussion and our review of the project plans and documents provided, and from our previous experience on similar construction projects in the Rogue Valley. SCOPE OF WORK At the time of writing this proposal, the general schedule/timing for the subject project construction was estimated to begin during the week of July 27, From our review of the project plans and the City of Ashland's Statement of Special Inspection Agreement, it appears that High Strength Bolting special inspections are required as part of the installation of the XFS Global "Snow Kit" to strengthen the existing structural frames of the existing structure, for permanent permitting. Our estimated scope of special inspection work for this project is as follows: • TGG project management staff(Lyn Chand,PE; Technical Director; 541-955-1611) will accomplish an initial phone conference with the installation contractor to coordinate and confirm the inspection and testing schedule and details/scope (based on deferred submittals) for the proposed"snow kit" installations onto the existing structural frames. • TGG project management staff will coordinate with TGG inspectors (Senior Technician) and the owner and/or contractor, to visit the site, as needed and requested; in order to accomplish the special inspection verification during"snow kit" installations Q visits total are anticipated at this time). For each site inspection/visit we anticipate approximately 3 hours on-site, 1.5 hours of drive time (our office is approximately 45 miles from the site), 0.5 hours of Daily Field Report writing, minimal Technical Director oversight, and some clerical time. 405 NE 6th Street,Grants Pass,Oregon 97526• Phone(541)955.1611 • Fax(541)955-8150 P26144 Page 2 • If needed, we can also accomplish any required concrete anchor inspections for the proposed new guardrails (no visits anticipated at this time). • TGG inspectors (Senior Technician) will provide Daily Field Reports and any necessary results sheets documenting the inspection and testing procedures and results. All Daily Field Reports and Lab Test Reports will be reviewed by our engineering staff prior to distribLition. COST CONSIDERATIONS All work will be billed on a time and expense basis in accordance with the attached Standard Fee Schedule and General Conditions. Based on the anticipated scope of work listed above, at this time, we recommend a Budget of$4 000.00 be allocated for our Construction Special Inspection services for this project. Actual total hours (length and number of visits) and costs may be less or more, based on the owners/contractor's true schedule and needs. If added inspections and/or additional site visits are necessary, or desired by the owner for this project, such work will be billed on a time and expense basis in accordance with the attached Standard Fee Schedule and General Conditions. Note: We believe this is a realistic scope of the work and costs for the constj•rrction testing and inspection sei-vices for this project, as proposed above. If, upon yore-review,you find any of the proposed estilrrated it,oi-k ileiiis do not appear to be accurate,please contact us to discuss. We will be happy to augment, orrtit, or adrust the type, ntrntber or length of visits and coif-esponeding costs and resubmit a r-evised proposal. SCHEDULE AND AUTHORIZATION Receipt of the retainer and one signed copy of this proposal letter and Fee Schedule and General Conditions will serve as our formal authorization to proceed with this project. Upon receiving your authorization to proceed, we will contact you (or the contractor, if you prefer) to coordinate and schedule the field work. We typically require at least 24 hours advance notice for all site inspections, We look forward to working with you on this project and to helping make it a successful one. If you have any questions or need additional information, please contact us at your convenience. Respectfully Submitted, THE GALLI GROUP GEOTECHNICAL CONSULTING //Ga-ff Mel Galli I11, P.E. Principal Engineer Attachments: Signature Authorization (next page) Standard Fee Schedule and General Conditions P26144ppsl Ashland Ice Rink-Bolting Special Inspections.doct The Galli Grout) P2b144 Page 3 SIGNATURE AUTHORIZATION CONSTRUCTION SPECIAL INSPECTION & TESTING PROPOSAL ASHLAND ICE RINK/PARKING STRUCTURE 95 WINBURN WAY ASHLAND, OREGON My signature below indicates 1 have read, understand and accept the terms and conditions of this proposal letter and the attached Standard Pee Schedule and General Conditions. Name: Date: Signature: Title: Responsible Party Mailing Address: Responsible Party E-Mail: Responsible Party Phone Number: P26 lddppsl Ashland Ice Rink-Bolting Special Inspections.docx The Galli Group TH GALLI GROUR CONSTRUCTION MATERIALS TESTING& INSPECTION EEE SCHEDULE AND GENERAL CONDITIONS ��Geotechnical Consulting Effective: January 1,2026 SCHEDULE OF CHARGES-The compensation to The Galli Group(TGG)for our professional and testing services is based Upon the conditions set forth below. A new schedule of charges is issued at the beginning of each year,or when otherwise dictated by inflationary changes, Unless other arrangements have been made,charges for all work will be based on the latest schedule of charges in effect at the time of the work. Design Engineer(P.E.) $185/hr. Color Copies:(8'/2 x 1 1) $1.55/page Technical Director(RE.) $150/hr. Photocopies:(8i/2 x 11): $0.10/page Engineering Technician $120/hr. Large Prints:(black&white) $3.60/page Senior Technician $95lhr. Vehicle Mileage: $0.725/mile Technician I $85/hr. Survey Equipment: Total Station $70/day Technician 11 $75/hc. ATV Drill Rig Mobilization: $450/day Clerical S65/hr. Track Drill Rig Mobilization: $1,500/day Seismic Equipment: $1,5001day Out-of-Town Subsistence/Travel: frost+ 15% Nuclear Densometer: $l30/day Outside Services and Expenses: Cost+ 15% Coring Bit Surcharge:8"and 10" $i 1/inch Subcontractors: Cost+ 15% Coring Bit Surcharge:4"and 6" Winch Equipment Charge:Per Quote Cost+15% Sign Surcharge:(all signs required) $115/day Emergency Response: 100%Surcharge OWRD Geotechnical Hole Reports $25/1-og Notes. I. A I ninitnum of two hours will be charged for each site visit. Review of field data and consultation by Professional staff will be according to the hourly rates listed above. 2. Overtime rates of 1.4 for professionals and l 5 times for technicians,times the regular rate will be charged for overtime hours if project's requirements make overtime work necessary(including"RUSH"jobs for client)- Field work required before 7 am Drafter 5 pm may be charged at overtime rates. 3. Portal to portal travel will be charged at the above hourly rates and mileage costs. AUTHORIZATION-Work can be started on the basis of CLIENT'S verbal authorization and with a payment of required retainer. However, work will:not proceed Unless TGG has received a signed copy of this Standard Fee Schedule and General Conditions attached to a copy of the proposal or Letter of Confirmation and the retainer check. BILLING—A retainer in the amount of at least foray(40)percent of the total estimated cost will be required to begin work on a project. However,if a large percentage of the project requires outside services and/or contracts and expenses,a higher percentage retainer will be required. Fees and other charges will be billed either monthly or twice monthly,depending upon the nature of the project,as the work progresses, and the amount of each invoice shall be due upon presentation and is past due 30 days after the date of such billing. A service charge of 1%per month will be charged on all accounts not paid within 30 days, All expenses incurred for 1 iening or collection of any delinquent amount, including,but not limited to,reasonable attorney fees,wetness fees,charges at current billing rates for time spent by TGG personnel,document duplication,and court costs,shall be paid to TGG in addition to the delinquent amount. PRE LIEN NOTICE--Your receipt and acceptance of this proposal and General Conditions shall constitute the receipt by you of a Pre Lien Notice. That you fully understand this work will be done by'flre Galli Group and that TTre Galli Group has the right to lien said property to ensure payment for services rendered. RIGHT-OF-ENTRY-Unless otherwise agreed upon in writing,CLIENT will famish right-of-entry and locate all private utilities oft the land for TGG to perform borings,surveys and other explorations. We will take reasonable precautions to minim ire damage to the land or utilities from use of equipment. Our fee does not include the cost of restoration of normal land damage .0ich may result from our operations,or for repair or replacement ofunlocated or unmarked utilities or consequential damages. SAMPLES-All samples of soil and rock will be disposed of wi€hin 15 days of submission of our report unless otherwise directed in writing by CLIENT. Upon request,we will deliver samples to CLIENT(shipping charges collected on delivery),or we will store them for an agreed charge. TERMINATION OF SERVICES-In the event the CLIENT requests temrination of the work prior to completion,we reserve the right to complete such analyses and records as may be necessary to protect our professional reputation,and to complete a report of work performed to date. A termination fee to cover the costs incurred thereof may be made at TGG's discretion,up to 10%of the charges incurred up to the date of termination. TGG may terminate services if any conditions of this document are not met by the client,ifpayment is overdue and unpaid or if the client refuses to accept prudent recommendations,thereby putting the project and TGG at risk. OWNERSHIP AND COPYRIGHT OF DOCUMENTS-All reports,field data,laboratory test data,calculations,drawings and other work prepared by us as instruments of service shall remain the property of TGG and cannot be used for any reasons or on other projects other than to design,bid acid construct the subject project. TGG will retain all pertinent summaries and reports relating to services performed for CLIENT on this project for a period of five years following submission ofour report,during which time the records shall be made available to CLIENT. 405 NE 6th Street,Grants Pass,Oregon 97526• Phone(541)955.1611 • Fax(541)955-8150 Page 2 HAZARDOUS WASTE-During the performance of our field services,if any unforeseen hazardous%vaste substance or elements are encountered,TGG All notify CLIENT and take reasonable precautions to protect personnel and the subject site from damage. Such precautions shall be paid for by the CLIENT. CLIENT agrees that TGG is not a haz<rdous waste clean-up contractor and has no expertise in such measures and cannot be expected to evaluate the potential contamination,to formulate clean-up plans or negotiate with local,state and federal agencies, under the terns of this agreement. It is further agreed that CLIENT and ONVNER shall indemnify,defend and hold harmless TGG and its employees and agents against any claim or liability from TGG's encountering unforeseen hazardous materials or claims against TGG arising from the work of others related to hazardous waste. PLEASE NOTE IMPORTANT CONTRACT PARAGRAPHS WITHIN BOXES NOTICE OF RIGHT TO LIEN-Receipt of this document by client constitutes delivery of a standard Ri h to Lien Notice far the work described in the attached proposal or confirmation letter. This is a fornal notification that The Galli Group has been asked to provide goods and services for the referenced site and hereby gives The Gatti Group the right to lien this property to assure payment for these goods and services. LIMITATIONS OF PROFESSIONAL LIABILITY-CLIENT recognizes the inherent risks and uncertainty connected with property acquisition,design and construction. CLIENT also recognizes potential uncertainties/variations in site subsurface conditions and potential negative impacts of parties other than TCG on geotechnical and related design and construction items. In performing our professional services, uc will use that degree of care and skill ordinarily exercised,under similar circumstances,by reputable members of our profession practicing in the same or similar locality. No other m arranty,expressed or implied,is made or intended by the proposal for consulting services or by furnishing oral or written reports and/or plans and specifications of the findings made. Client also agrees that all structures can deflect and have minor cracking ater construction. TGG makes no guarantee of zero damage after construction. It is agreed that CLIENT Noll limit any and all liability,claim for damages,cost of defense,or expenses to be levied against TGG on account of any decision,defect,error,omission,professional negligence,or alleged act of negligence on our part to a sum not to exceed the limits of our insurance. COMPARATIVE NEGLIGENCE—If a suit or claim of any kind should arise out of the`lurk,each party shall pay that part of the total cost of the damage or loss in the same percent that they are found to be negligent in relation to the total negligence of all parties(i.e.,pay only for their own negligence and not for any negligence of other parties,including the owner), DISPUTE RESOLUTION-All claims,disputes,and other matters in controversy between TGG and CLIENT,arising out of,or in any way related to this contract,will be submitted to mediation or another alternative dispute resolution procedure before,and as a condition precedent to, judicial action,or other remedies provided by law. The limitation and comparative negligence clauses shall also be effective in such mediation. In the event that a clairn is made against TGG far any alleged error,omission or other professional act arising out of the performance of TGG's services,and CLIENT fails to prove such claim or prevail in such adversary proceeding,CLIENT wit]pay TGG and/ortheir insurance carrier all expenses incurred by THE GALLI GROUP and/or their insurance carrier in defending such claim,including,but not limited to,reasonable attorney's fees,-witness fees,and reasonable charges at current billing rates for time devoted by TGG personnel. CLIENT agrees that for the purpose of this Agreement,it has failed to prove its claim when the judgment in litigation is for the sum of money less than that surn offered by TGG and/or their insurance carrier to resolve that matter without litigation. I hereby understand and agree to these freely negotiated terns(in particular the Right to Lien Notice and the Limitation of Liability)and am authorized to accept the above conditions and scope of the attached I'roposal/Ennail/Confirmation dated July 17, 2026 Print Client/Cotnparmy Name Date Signature Print Namefl'itle Responsible Party:Mailing Address Responsible Party:E-mail Responsible Party:Phone Number FOR TGG USE ONLY TGG Assigned Project Number TGG Proposal Number P26144 P26144 T&I FSA-Ashland Ice Rink.doex 7lle Galli Group Personal Services Agreement - 06.25.2026 Final Audit Report 2026-07-21 Created: 2026-07.21 By: Tami Campos(tami.campos@ashland,or,us) Status: Signed Transaction ID: CBJCHBCAABAAySVgl-5FBgQnrlK9fXrHiCw-vzje6T6Ak "Personal Services Agreement - 06.25.2026" History Document created by Tami Campos (tami.campos@ashland.or.us) 2026-07-21 -4:33:23 PM GMT 7 Document emailed to Ichand@galligroup.com For signature 2026-07-21 -4:38:47 PM GMT 'i Email viewed by Ichand@galligroup,com 2026-07.21 - 11:25:07 PM GMT C. Signer Ichand@galligroup.com entered name at signing as Lyn Chand 2026-07-21 - 11:33:47 PM GMT Chi, Document e-signed by Lyn Chand (Ichand@galligroup.com) Signature Date:2026-07-21 -11:33:49 PM GMT-Time Source:server-Signature Appearance Selected:TYPE Agreement completed. 2026-07-21 - 11:33:49 PM GMT Q Adobe Acrobat Sign