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2021-118 PO 20220124- Dowl, LLC
Purchase Order Fifel ,aft MY RECORDER Fiscal Year 2022 Page: 1 of: 1 _ 1 9 Fha etk JCe37 E * B City of Ashland ATTN: Accounts Payable20 E. Main Purchase L Ashland, OR 97520 Order# 20220124 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E DOWL, LLC l 51 Winburn Way N 920 COUNTRY CLUB RD SUITE 100B p Ashland, OR 97520 O EUGENE, OR 97401 ' Phone: 541/488-5347 R T Fax: 541/488-6006 a—� . - _ Scott Fleury MEINWJrcie t-7-Ye.a 0ig EIIe= sQ @ tz —= —=`� ifltr-.�g f Via€ 1 r--_ =' ��d�$,174 ta@Ii. 1Itn _ r----�-' 09/01/2021 5270 City Accounts Payable c-717: Ashland Street Overlay Project 1 Ashland Street Overlay Engineering Design 1.0 $459,691.33 $459,691.33 Personal Services Agreement(Greater than $25,000) Completion date: December 31, 2022 Project Account: E-201924-100 ***************GL SUMMARY*************** 081200-704200 $459,691.33 3y__ 14By: Date: Aut ori ed Signature -� == 9 £: . psi -= $459,691.33 or 1-- FORI12#3 ''I � � �� CITY OF )Zd ASHLAND REQU BSIITOON Data of request: 08116/2021 i Required date for delivery: 0910112021 Vendor Name DOWL,LLC Address,City,State,Zip 920 County Club Road,Suite 1008,Eugene,OR 97401 Contact Name&Telephone Number Jaime Jordan,(541)494-0595 Email address jjordan@dowl.com SOURCING METHOD O Exempt from Competitive Bidding 0 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 iffl Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council:06/15/2021 ❑ State of Oregon ❑ Direct Award 11(Attach copy of council communication) Contract# ❑ VerballWritten bids)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ Stale of Washington Date approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(55,6,7 or 8) Contract/ j Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement O (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES 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 ❑ Less than$35,000,by direct appointment 0 Special Procurement ' City Administrator.AMC 2.50,070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval 0 Annual cost to•City exceeds$25,000,Council ❑ Form 114,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES Total Cost Personal Services Contract for Ashland Street Overlay Engineering Design $459,691:33 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quote/proposal aTOTAL{COST :$. Project Number 2 0 1 9 2 4. 1 0 0 Account Number 0 8 1 2 0 0.7 0 4 2 0 0 Account Number - Account Number - 'Expenditure must be charged to(he 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: 1 IT Director Date Support-Yes/No I Bysigning this requisition I rat dill/that the City's public contracting requirements have been satisfied. j Employee: � �C Department Head. fr►... i `���_ X16' / �Wnit � 1rrgreat� m00) Department Manager/Supervisor: City Manager: , `!I . \m t!!a_ qualtoorgr aterthan$25,000) Funds appropriated for current fiscal year: YES/NO e--I 7'-z -z/ 1 Finance Director-(Equallo or greater $5,000) Date I Comments: I Form 113-Requisition 1 • PERSONAL SERVICES AGREEMENT(GREATER THAN$25,000.00) CONSULTANT: DOWL,LLC CITY OF CONSULTANT'S CONTACT: Jaime Jordan ASHLAND 20 East Main Street ADDRESS: 831 O'Hare Parkway Ashland,Oregon 97520 Medford,OR 97501 Telephone: 541/488-5587 Fax: 541/488-6006 TELEPHONE: 541-774-5590 • This Personal Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and DOWL,LLC,a foreign limited liability company ("hereinafter "Consultant"), for engineering and other services related to the City's project entitled"Ashland Street Overlay from Siskiyou Boulevard to Faith Avenue." NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and Consultant hereby agree as follows: I. Effective Date and Duration: This Agreement shall become effective on the date of execution on behalf of the City, as set forth below(the"Effective Date"), and unless sooner terminated as specifically provided herein,shall terminate upon the'City's affirmative acceptance of Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore, but not later than December 31,2022. 2. Scope of Work: Consultant will provide engineering,cost estimating,plan preparation, management,coordination,and other related services forthe City's project entitled"Ashland Street Overlay from Siskiyou Boulevard to Faith Avenue"as more fully set forth in the Consultant's written Proposal dated June 21,2021,which is attached hereto as"Exhibit A"and incorporated herein by this reference. Consultant's services are collectively.referred to in this Agreement as the"Work." 3. Compensation: City shall pay Consultant at the hourly rates and costs as set forth in"Exhibit A"for Consultant's performance of all Work under this Agreement. In no,event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the sum of$459,691.33 (four hundred fifty-nine thousand,six hundred ninety-one dollars and thirty-three cents)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 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. Page 1 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC ,q► • 4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting documents shall be construed to be mutually complementary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions.of this Agreement itself shall control over any conflicting provisions in any of the exhibits or supporting documents. • • 5. 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. 6. 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. 7. Ownership of Work/Documents: All Work,work product,or other documents produced in ► furtherance of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned • to:the City. 8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. • 9. Living Wage Requirements: If 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 undet this ,Agreement. Consultant is also required to post the City's Living Wage notice attached hereto as"Exhibit B" in areas where it will be seen by all employees. 10. Indemnification: Consultant hereby:agrees to defend,indemnify,save, and hold City,its • officers, employees,and agents harmless from any and all losses;claims, actions, costs, expenses,judgments,or other damages resulting from injury to any person(including injury resulting in death),or damage(including loss or destruction)to property, of whatsoever nature arising out of or incident to the performance of this Agreement by Consultant(including but not limited to, Consultant's employees,agents,and others designated by Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be held responsible for any losses,expenses, claims,costs,judgments,or other damages,caused solely by the gross 'ff negligence of City. • 11. Termination: a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of the 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 to Consultant. c. For Cause. City may terminate or modify this Agreement,in whole or in part,effective Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC IOW • • • 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. 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. 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. 14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material breach or default of any covenant,warranty,certification,or obligation under the • Agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency;makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Agreement;or attempts to assign rights in,or delegate duties under,this Agreement. 15. Insurance. Consultant shall,at its own expense,maintain the following insurance: a. 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 b. Professional Liability insurance with a combined single limit, or the equivalent,of not less than$2,000,000 (two million dollars)per claim. This is to cover any damages caused by errors,omissions,or negligent acts related to the professional services to be provided under this Agreement. "Tail"coverage will be required at the completion of the Work under this • Agreement for not less than twenty-four(24)months following completion of all Work, provided that the continuous"claims made"coverage has a retroactive date on or before the • Effective Date of 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 Page 4 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC • • upon delivery of written notice to Consultant,or at such later date as may be established by City under any of the following conditions: i. If City funding from federal,state;county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified,changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement or are no longer eligible for the funding proposed for payments authorized by this Agreement;.or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services•required by this Agreement is for any reason denied,revoked, suspended,or not renewed. d. For Default or Breach. 1. 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 raider 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. e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to subsections a,b,or c 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 whether such notice is given pursuant to Subsection a,b,c,or d 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. • • 12. 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 • • Page 3 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC 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 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. 16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race,color, religion,creed,sex,marital status,familial status or domestic partnership,national origin,age, mental or physical disability,sexual orientation, gender identity or source of income,suffer discrimination in the performance of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all applicable requirements of federal and state • civil rights and rehabilitation statutes,rules and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 17. Consultant's Compliance With Tax Laws: 17.1 Consultant represents and warrants to the City that: 17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof, comply with: (i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Consultant;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 17.1.2 Consultant,for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS Chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon •• applicable to Consultant;and • (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. • • 18. 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: • • Page 5 of 7: PERSONAL SERVICES AGREEMENT BETWEEN TI-IE CITY OF ASI LAND•AND DOWL,LLC �- - Public Works Attn: Karl Johnson 20 East Main Street Ashland,Oregon 97520 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland,Oregon 97520 Phone: (541)488-5350 If to Consultant: DOWL LLC Jaime Jordan 831 O'Hare Parkway Medford,OR 97501 19. 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 infederal 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,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, 20. Amendments. This Agreement may be amended only by written instrument executed by both parties with the same formalities as this Agreement. 21. Nonappropriations 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. 22. 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 Page 6 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC • • 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: 23. Certification. Consultant agrees to and shall sign 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 I1 ASHLAND: DOWL LLC(CONSULTANT): DI80ally Glance by Guy Hakencon `' R00eon:I em oppiovin0 We document Dole:2021.08. 10:72:20.07'00' By: !,1\�v10 By: �� 1444, 05 Manager Pro Tern d Sig attire eavu, 1/1111imar% /23/202 4 Gk.)yy ak211 V Date I rinte Name 5e-A-or Mz4 a j Title Purchase Order No. �' g11 2cs z t I s ate • (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Interim City Attorney • / '0- `)Date `}Date • • • • • Page 7 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND DOWL,LLC • I" June 21, 2021 Karl Johnson, E.I.T. City of Ashland Engineering Department 20 East Main Street Ashland, OR 97520 Subject: Ashland Street Overlay from Siskiyou Boulevard to Faith Avenue . 2752.80029-01 Dear Karl: Project Understanding We understand that pavement restoration on this deteriorating section of Ashland Street is critical to maintaining east-west connectivity and access to the surrounding commercial, residential, and recreational areas for this City of Ashland (City)"boulevard."While the primary improvement will consist of an asphalt overlay and partial rebuild of Ashland Street between Siskiyou Boulevard and Faith Avenue,the project will also include replacement of non-compliant Americans with Disabilities Act(ADA) sidewalk ramps and installation of pedestrian-activated i s signals with a flashing light at potentially two locations. s , We understand the City expects to complete design and construction in 2022. TASK 1 PROJECT MANAGEMENT AND COORDINATION Task 1.1 Project Management and Coordination The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communications between DOWL and City staff. DOWL shall keep the City project manager informed of the project work progress and aware of changes that may affect the project design, schedule, and related costs. DOWL will be responsible for the following project management tasks: o Schedule, coordinate, and supervise project work © Maintain communications and coordination with City staff O Monitor scope, schedule& budget for the project O Produce monthly invoices and progress reports (assumed to be no more than ten) Task 1.2 Project Meetings DOWL staff will lead project meetings to discuss project details, review comments and updates ( and provide a written summary and create an action item list as necessary. For budgeting purposes, it is assumed that two DOWL staff members from the Medford office will attend up to 3 separate coordination/review meetings to discuss the project with the City staff and coordinate design details at a kick-off meeting and after each design milestone. 541-774-5590 e; 800-865-9847(fax) 1, 831 O'Hare Parkway Medford,Oregon 97504 n www.dowl.com Karl Johnson, E.I.T. City of Ashland Engineering Department Page 2of16 TASK 2 LOCATION SURVEYING AND MAPPING This is an English unit Project. All Consultant deliverables must be reviewed and approved by Consultant's Professional Land Surveyor("PLS"), registered in the State of Oregon. Task 2.1 Horizontal and Vertical Control Network Consultant will establish a horizontal and vertical control network and set survey control points to tie (survey)found monuments within the Project limits. The horizontal datum used by the Consultant shall be the Oregon Coordinate Reference System—Grants Pass-Ashland Zone, based on the NAD83 (2011) Epoch 2010 datum. The vertical datumused by Consultant shall be City of Ashland NGVD 29(56). Consultant shall establish primary geodetic control monuments, (such as 5/8" iron rod with plastic cap or other permanent markers) and maintain line of sight throughout the entire Project limits. These control monuments must be placed in locations by Consultant, such that they can be utilized during construction. Consultant shall run digital level loops to control points that are utilized in preparing the Digital Terrain Model ("DTM"). Strategic points used to develop survey DTM in non-critical areas must be no more than one (1) "shot" out from a network control point. , Deliverable(s)/Schedule: • Horizontal and Vertical Control points in,the field. • Raw data files. ' • PDF copy of the field notes, Task 2.2 •Monument Recovery Consultant shall perform a search of survey records on file with County and City, to perpetuate the location of monuments that may be disturbed or destroyed during a future construction project. Consultant shall research deeds and surveys of record, including but not necessarily limited to, property surveys, ODOT road surveys, original ODOT road resolutions, section corner surveys, and DLC surveys. Consultant shall provide tax assessor maps, property deed search, and copies of all pertinent documents to the City. Consultant shall survey found property corners, Government Corners, other survey monuments, property line fences and lines of occupation within the limits of the Project. Consultant shall provide at least one (1) Public Land Survey System (PLSS) corner tie. ' Consultant shall keep copies of the research data collected such as surveys, deeds, assessors' maps, county road maps, government corner surveys, etc., in the Project file. Deliverable(s)/Schedule: • Coordinate file of recovered monuments • Electronic copies of all research data collected. • PDF copy of the field notes Task 2.3 Location Survey, Base map and Digital Terrain Model t Karl Johnson, E.I.T. City of Ashland Engineering Department Page 3of16 Consultant shall perform a topographic survey at up to six (6) intersections, as identified by the design team. Consultant shall contact the Oregon Utility Notification Center(OUNC) and order utility locates at these locations. Consultant shall collect structures within the roadway within the projectlimits that are to be adjusted as part of the paving efforts. Consultant shall produce a topographic base map and the Digital Terrain Model (DTM) to be used for the design of this project. The project shall be drafted using a scale of 1" = 50'._ Deliverable(s)/Schedule: • Topographic base map and DTM shall be submitted to the City within ten (10) weeks of Notice to Proceed (NTP). • Electronic copy of the field notes. Task C2.3.1 Additional Location Survey, Base map and Digital Terrain Model (CONTENGENCY TASK) Consultant shall perform a topographic survey at up to four(4) additional intersections, as identified by the design team. Consultant shall contact the Oregon Utility Notification Center (OUNC) and order utility locates at these locations. Consultant update the base map and DTM created under Task 2.3 with the additional data. Deliverable(s)/Schedule: • Updated Topographic base map and DTM shall be submitted to the City within ten (10) weeks of Notice to Proceed (NTP). -• Electronic copy of the field notes. Task 2.4 Existing RNV and Boundary Resolution Consultant shall resolve the centerline of Ashland Street from its intersection with Siskiyou Boulevard to Faith Avenue. Consultant shall resolve the right of way at up to three (3) intersections as identifiedby the design team. Consultant shall obtain listing kits for the properties that adjoin the right of way lines'at said intersections: Consultant shall use the recovered monumentsand research records to aide in the retracement of Ashland Street. Deliverable(s)/Schedule: • Submit a CADD file and narrative of the retraced centerline and right-of-way within 16 weeks of NTP. • Task 2.5 Horizontal.Control,Monument Recovery and Retracement Survey • If determined that monuments will be disturbed by construction Or permanent easements and/or right-of-way is needed, Consultant shall submit a."Horizontal Control, Monument Recovery and Retracement Survey"to the Jackson County Surveyor's office for recording. Deliverable(s)/Schedule: • Submit a PDF and digital copy of the recorded "Horizontal Control, Monument Recovery and Retracement'Survey"to the City within 16 weeks of NTP. } Karl Johnson, E.I.T. City of Ashland Engineering Department Page 4 of 16 Task C2.6 Right of Way Engineering (Mapping and Descriptions) (CONTINGENCY TASK) Once the Preliminary Design has been approved by the City, Consultant shall prepare descriptions and exhibits for any right of way acquisition or easement acquisitions needed for the project upon request. Task C2.6.1 Legal Descriptions and Exhibit Maps (CONTINGENCY TASK)' Upon request by the City, Consultant shall prepare legal descriptions and exhibit maps for up to five (5) parcels for the purpose of fee acquisition and/or easements for the Project. Deliverable(s)/Schedule: • Electronic and hard copy(8-1/2"x14") legal descriptions and exhibit maps to the City within eight(8)weeks of the following release of this contingency task . Task C2.6.2 Bulletin Exhibit Maps (CONTINGENCY TASK) Upon request by the City, Consultant shall prepare bulletin exhibit maps for up to ten (10) parcels for the purpose of temporary construction easements. No easement descriptions will be prepared and Consultant will not stake these easements in the field. Deliverable(s)/Schedule: • ' • Electronic and hard copy (8-1/2"x14") legal descriptions and exhibit maps to the City within eight (8)weeks of the following release of this contingency task. Task C2.6.3 Acquisition Staking (CONTINGENCY TASK) Consultant shall stake the limits of the proposed property acquisitions in the field for up to five (5) parcels prepared in Task C2.6.1. Consultant will stake the parcels one time only. Deliverable(s)/Schedule: ' • Consultant shall place physical stakes or paint marks within two (2) weeks of notification by the City. TASK 3 ENVIRONMENTAL COORDINATION/SUPPORT(RESERVED) TASK 4 PUBLIC INVOLVEMENT Task 4.1 Public Involvement Support&Meetings DOWL will support the City with the public involvement process that will inform and seek feedback from businesses and residents on Ashland Street within the project limits. In cooperation with the City, DOWL will perform the following public involvement services: • Develop presentation materials appropriate for public.meetings, see deliverables below • Attend and participate in conducting one (1) public meetings/workshopswith local businesses and residents ' ■ . Document feedback from businesses and residents to be incorporated into the design as agreed to by the City \ n r . 0 • Karl Johnson, E.I.T. City of Ashland Engineering Department 0 Page 5of16 It is assumed that City staff will provide a suitable location for all public meetings and advertise them as appropriate. For budgeting purposes, it is assumed that DOWL's Project Manager and Roadway lead or Construction Project Manager shall attend the Open House that will last no more than three (3) hours, not including travel time. Deliverable(s)/Schedule: Consultant shall prepare the below materials (one each) after the Preliminary design submittal for display at a public meeting: 0 •. One (1) roll map including R/W acquisition and aerial graphics . • • project drawings/details (utilizing plan sheets created in tasks 10 and 11) • public comment log . TASK 5 UTILITY COORDINATION Task 5.1 , Utility Location and Coordination . DOWL shall review utilities identified to be within the project limits, initiate contacts with utilities, and coordinate relocations needed for construction of the Project. This work includes, but is not limited to, coordinating and collecting utility-provided three-dimensional location of any underground utilities that may be in conflict with the Project work; and coordinating with the utility owners to resolve those potential conflicts. DOWL shall schedule, attend and document on-site meetings with potentially affected utilities. The meetings shall be conducted on the Project site after impacts have been identified. For budgeting purposes, attendance at a maximum of two (2) site meetings is anticipated, each of which may last up to three (3) hours including travel time. For each private utilityfound in potential conflict with the proposed,design, DOWL shall prepare a Utility Conflict Notification Letter informing the utility of the potential conflict and the need to relocate/adjust the utility facility and required timing of relocation. DOWL shall work with each private utility to verify a relocation plan that is not in conflict with the Project. Once DOWL has confirmed the relocation plan with each utility, a Timing Requirements Letter will be sent to the each affected utility. When Consultant has made proper arrangements with each utility owner, to either clear the right of way of their utility facilities prior to construction, or for relocation to occur during construction so as to not delay the contractor, DOWL shall provide the City with a written summary. DOWL shall coordinate locations and relocations with the City on any City-owned utilities that are within the project limits. Assumption: • No reimbursable utility relocations Deliverable(s)/Schedule: • Electronic copy of Utility.Conflict/ Project Notification letters to the City as per project schedule • Electronic copy of approval of each utility's relocation plan and Timing Requirements letters as per the project schedule Karl Johnson, E.I.T. City of Ashland Engineering Department Page 6of16 TASK 6 GEOTECHNICAL/PAVEMENT DESIGN SERVICES Task 6.1 Site Reconnaissance, Exploration and Testing Work Plan Consultant shall conduct a field reconnaissance visit for planning the necessary field investigation work and to assess the temporary traffic control needs for the field investigation. Deliverable(s)/Schedule: Consultant shall provide: • Work plan and traffic control plan for the field investigation work Task 6.2 Field Exploration and Laboratory Testing Consultant shall perform the geotechnical and pavement explorations and laboratory testing as needed in order to evaluate the subsurface conditions and to develop geotechnical and pavement designs. The anticipated field exploration and laboratory testing program is provided below. Geotechnical and Pavement Borings: We will conduct up to four(4) geotechnical borings to investigate subsurface conditions at the proposed location of the crosswalk beacons and up to three (3) pavement borings to investigate subsurface conditions along the alignment. At each boring location conducted in paved areas, a core sample of the bound layers of the pavement will be retrieved using a diamond-bit core drill. The pavement layers and subgrade soil, where encountered, will be visually classified; the depth and thickness of pavement layers will be measured; and grab samples of subgrade soil, where encountered, will be retrieved for laboratory water content determination and visual reclassification. The core samples will be inspected for cracking, delamination, and indications of asphalt stripping damage. We will characterize the soil and groundwater conditions at each of the borings in order to assist • us in developing recommendations for earthwork and soil improvement or modification. Each of the geotechnical and pavement borings will be logged to a maximum depth of 5-ft. below the surface. We have assumed that all borings will be drilled with a hollow stem or solid-stem auger drilling technique and that rock-coring will not be performed. Pavement Cores: Surface cores will be conducted at up to six(6) locations to evaluate the depth and mode of cracking within the bound pavement layers (i.e. asphalt concrete and underlying cement treated base, if present). The pavement surface cores will be conducted to a maximum depth of 18-in below the pavement surface. Laboratory Testing: Water contents, sieve analyses and Atterberg limits tests shall be conducted by Consultant on soil samples obtained from the borings in order to classify the soils and estimate their engineering properties. Assumption: • The boring explorations shall be conducted during Monday through Friday between the hours of 9 AM and 4.PM • Water contents will be conducted on grab samples obtained at approximately 1-ft. intervals. Up to three (3)Atterberg limits tests or sieve analysis testswill be performed and up to two (2) expansive index tests will be performed. Karl Johnson, E.I.T. City of.Ashland Engineering Department Page 7of16 • • The depth of the exploration below the bound layers will be patched using excavated materials compacted by a vibratoryhammer and,the_core hole through the bound layers will be patched using Instant Road Repair, a high performance polymer modified asphaltic patching material, compacted by vibratory hammer. A Consultant representative will conduct and direct the pavement coring work. • Consultant shall provide traffic control for lane closures in accordance with the Oregon Temporary Traffic Control Handbook. Task 6.3 Geotechnical Design Services Task 6.3.1 Geotechnical Design Services Consultant shall perform.analyses of the field and laboratory test data to develop geotechnical recommendations for construction of the crosswalk beacons and soil improvement or modification in areas of reconstruction, as necessary. Task 6.4 Pavement Design Services Consultant shall provide all equipment, labor, materials and traffic control required for the field investigation and the development of any new construction, reconstruction, or rehabilitation pavement designs as described herein. All work related to completing the pavement design(s) shall be conducted in accordance with the latest edition'of the ODOT Pavement Design Guide. Assumption: • The street segment in this SOW for pavement design along with the design workscope is shown in Table 6.4.1. Table 6.4.1 Project Segment and Pavement Design Work Scope Assumed Design Centerline Alternatives to be Project Street From - . To length (ft.) provided Ashland Street Siskiyou Blvd. Faith St 3,360 Asphalt Concrete Rehabilitation, or ' Asphalt Concrete Reconstruction (if required) Task 6.4.1 Pavement Testing - Consultant shall conduct falling weight deflectometer(FWD) testing between the limits shown in Table 6.4.1. The FWD testing shall be conducted at 100-ft intervals in each of the through travel lanes in both directions (approx. 136 tests). The FWD shall meet the calibration requirements given in the ODOT Pavement Design Guide. Assumptions: • FWD testing work shall be conducted during Monday through Friday between the hours of9AMand 4PM. c " Karl Johnson, E.I.T. City of Ashland Engineering Department Page 8of16 • Consultant shall provide traffic control for lane closures in accordance with the Oregon Temporary Traffic Control Handbook. Task 6.4.2 Pavement Analysis Consultant shall perform a review of the field data and engineering analysis to confirm that therecommendations provided in the 2014 pavement report are applicable and/or, if changes to the recommendations are necessary. The pavement design analysis shall be conducted in accordance with the requirements'of the ODOT Pavement Design Guide for the development of the pavement design(s) identified in Table 6.4.1. . Assumption: • Consultant shall utilize DKS 24 hour classified traffic count.. The truck traffic shall be. classified by the FHWA axle category. • TheCityshall provide an estimate of the annual growth rate in truck traffic. If no growth data is available an assumed annual growth rate of 2%will be used. • The pavement design is for Asphalt Concrete Pavement("ACP") based on the alternatives shown in Tables 6.4.1 (as feasible). • The pavement shall be designed in accordance with the 1993 AASHTO design methodology. • Consultant shall provide material recommendations for all pavements within the project boundaries, subgrade preparation in new pavement areas (as applicable) and mitigation of deleterious soil or fill conditions, if appropriate. • Task 6.5 Geotechnical and Pavement Design Report Consultant shall prepare a"Geotechnical and Pavement Design Report"summarizing the findings and recommendations. The report must summarize the field observations,subsurface conditions, laboratory test data, analysis results, construction issues and geotechnical recommendations for foundation design, soil improvement and recommended pavement design alternatives including materials and specifications for construction. Deliverable(s)/Schedule: Consultant shall provide: • A draft Geotechnical and Pavement Design Report will be submitted for review by the City. • A final stamped Geotechnical and Pavement Design Report in PDF format will be provided that incorporates the review comments by the City. Task 6.6 Geotechnical Meetings Consultant shall attend a design review meeting to discuss the findings and recommendations of the Geotechnical and Pavement Designs.. Assumptions: • Meeting will be held at City's Ashland office ` a Karl Johnson, E.I.T. City of Ashland Engineering Department Page 9 of 16 TASK 7 HYDROLOGIC, HYDRAULIC AND STORMWATER ANALYSES The major objectives of this task are to gather information about the project area, review DOWL's topo provided in Task 2.3, and design modifications to inlets impacted by the proposed ADA curb ramps. DOWL will visit the project site to observe existing conditions and features, taking photos and measurements as needed for later reference in locations where proposed ADA curb ramps conflict with the existing stormwater infrastructure. DOWL shall evaluate the stormwater runoff to impacted inlets and determine the type and number of replacement inlets needed to provide adequate inlet capacity. Recommendations concerning additional stormwater system modifications required to incorporate the new inlet(s) will also be provided. Task 7.1 Site Reconnaissance Consultant's stormwater expert shall visit the Project site to inspect existing drainage conditions. The inspection must assess existing drainage patterns, identify existing storm sewer facilities within or near the Project site, and determine potential solutions for installing new storm drainage facilities. A photographic log shall be developed. Deliverable(s)/Schedule: Consultant shall include: • Summary of site conditions shall be documented in a photographic log which shall be made available upon request. Task 7.2 Stormwater Runoff Analysis Consultant shall calculate the stormwater runoff that collects to each impacted storm drain inlet within the Project limits and evaluate the type, number, and location of replacement inlets required per the City of Ashland Stormwater Design Standards. It is assumed that stormwater runoff and all collected.flows will be directed to existing storm drain infrastructure adjacent to and within the Project area. Analysis of downstream storm drain capacity, stormwater quality treatment, and storage of stormwater runoff for flow control are not included in this scope. Deliverable(s)/Schedule: Consultant shall include: • Results of stormwater analysis and the resulting storm drain inlet modifications shall be included in the Advance and Final Plans submittals in Task 11 and Task 12. TASK 8 TRAFFIC ENGINEERING AND MANAGEMENT 8.1 Signing and Striping Design Consultant shall prepare combined plans, specifications, and construction cost estimates for the permanent signing and pavement markings associated with the proposed improvements.The design must be completed in accordance with applicable MUTCD and City standards. Consultant shall incorporate applicable City Standard Drawings into the drawing set as detail sheets stamped by the Consultant. The following plan sheets are assumed as part of this task: • Pavement Marking Legend— 1 sheet(NTS) • f Karl Johnson, E.I.T. City of Ashland Engineering Department Page 10 of 16 1 ! • Combined Permanent Signing and Pavement Marking Plans—4 sheets (1" =40') • Permanent Signing Details—2 sheets (NTS) Deliverable(s)/Schedule Consultant shall provide: • Preliminary.Permanent Signing.and Pavement Marking plans included in the Preliminary Plans submittal for Task 10.1 • Advance Permanent Signing and Pavement Marking plans, specifications, and estimate included in Advance PS&E submittal for Task 11.1 • Final Permanent Signing and Pavement Marking plans, specifications, and estimate with included in Final PS&E submittal for Task 12.1 • One site visit • Attendance in person at one comment review meeting • Attendance via phone at one comment review meeting Task 8.2 Pedestrian Crossing Treatment Recommendation Memorandum Consultant shall evaluate and make recommendations for pedestrian crossings at up to two (2) locations on Ashland Street within the Project limits. Locations will be coordinated with the City prior to evaluation. Consultant shall evaluate potential enhancements based on information gathered in the field, current City standards, and NCHRP Report 562. Consultant shall make one site visit during AM and PM peak hour conditions to observe traffic operations. Future traffic volumes will be developed from traveldemand forecasts provided by the Rogue Valley Council of Governments or the current version of the City's Transportation System Plan. Consultant shall collect the following traffic data for use in the analysis: • One (1) bi-directional 24-hour traffic volume and truck classification count along Ashland Street within the project limits. Consultant shall summarize findings and recommendations in a brief Pedestrian Crossing Treatment Recommendation Memorandum. Consultant shall coordinate findings and approval of any recommended RRFB's with the State Traffic Engineer's office.' Any recommendations from the evaluation will be included with the design in Task 8.1. and Task 8.3 No traffic signal warrant analysis is included as part of this task. Deliverable(s)/Schedule: Consultant shall provide: • Draft and Final Pedestrian Crossing.Treatment,Recommendation Memorandum • One site visit during AM and PM peak hour conditions • Attendance via phone at one comment review meeting Task 8.3 Traffic Signal Modification Design Consultant shall prepare plans, specifications, and construction cost estimates for the design of the traffic signal modifications, and Rectangular Rapid Flashing Beacons (RRFB). Traffic signal modifications shall be limited to detection replacement and Karl Johnson, E.I.T. City of Ashland Engineering Department Page 11 of 16 modifications to pedestrian pushbuttons affected by pedestrian ramp modifications. The design must be completed in accordance with applicable MUTCD and City standards. All traffic control devices installed in the state of Oregon are required to conform,to the MUTCD and the Oregon Supplements as to the MUTCD'as established.by ORS • 810.200 and OAR 734-020-0005. The following signalized intersections are assumed to be modified as part of this task: • Ashland St and Walker Ave • Ashland St and Siskiyou Blvd o Plan Sheets ■ Signal Legend- 1 Sheet(NTS) ■ Signal Plan—2 Sheets (1" 10') • Detector Plan.—2 Sheets (1" ='20') ■ Signal Detail—2 Sheets (NTS) The following pedestrian crossings are assumed as part of this task: . • Mid-Block crossing West of Ray Ln • Mid-Block crossing between Sherwood St and Park St o Plan Sheets • • RRFB Signal Plan—2 Sheets (1"— 10') • Wiring Detail— 1 Sheet(NTS) ■ RRFB Detail 1 Sheet(NTS) Deliverable(s)/Schedule: Consultant shall provide: • Preliminary Signal and RRFB plans included in the Preliminary Plans submittal for Task 10.1 • Advance Signal and RRFB plans, specifications, and estimate included in Advance PS&E submittal for Task 11.1 • Final Signal and RRFB,details, specifications, and estimate with included in Final PS&E submittal for Task 12.1 • Submittal of Final plans to ODOT for review and Approval • One site visit (combined with Task 8.1) • Attendance in person atone comment review meeting (combined with Task 8.1) • Attendance via phone at one comment review meeting (combined with Task 8.1) TASK 9 RIGHT OF WAY("ROW")ACQUISITION Task 9.1 .Cost Estimate Consultant will prepare a right of way cost estimate. Consultant will.provide a spreadsheet of potential right-of-way acquisitions, listing phone numbers, site addresses and type(s) of acquisitions from each parcel: parcel maps, and right-of-way acquisition and, preliminary cost estimates for each parcel. • Karl Johnson, E.I.T. City of Ashland Engineering Department Page 12 of 16 Task 9.2 Five (5) Minimum Payment Offers Consultant shall identify all property owners, and compile property owner information needed to acquire necessary property rights. This is including but not limited_to property owner vesting, phone numbers, email addresses, and mailing addresses. Upon receipt of authorization to proceed with ROWAcquisition, Consultant shall attempt to arrange contacts with property,owners and identify property and Project issues by providing the following services for each file: • Consultant shall prepare a minimum payment offer,letter and associated proposed agreement documents. The minimum payment offr letter must follow the template provided by the City. The proposed agreement documents must include information detailing the terms of the temporary easement and a sketch indicating the limits of the temporary easement. Consultant shall deliver the minimum payment offer letters and associated proposed agreement documents to all owners via certified mail with proof of delivery kept in the parcel file. • Consultant shall arrange negotiation contacts with property owners and identify property and Project issues for each file. • Consultant shall contact property owners to provide general information about the Project and answer any questions related to the minimum payment offer terms. • If property owners are willing to accept the minimum payment offer, Consultant shall ensure the signed agreement documents are sent to the City for final approval and payment. • IF a COUNTER OFFER is received, Consultant shall submit the proposed COUNTER OFFER with a justification letter and owner supplied supporting documentation to City for approval. If accepted see proceeding bullet. • IF an acceptable agreement is not reached, Consultant shall document this decision in the file and notify City that the standard ROW acquisition process must be used. • Consultant shall prepare and maintain a Report of Personal Interview for each file. Task C9.3 Five (5) Minimum Payment Offers Consultant shall identify all,property owners, and compile property owner information needed to acquire necessary property rights. This is including but not limited to property owner vesting, phone numbers, email addresses, and mailing addresses. Upon receipt of authorization to proceed with ROW Acquisition, Consultant shall attempt to arrange contacts with property owners and identify property and Project issues by providing the following services for each file: • Consultant shall prepare a minimum payment offer letter and associated proposed agreement documents. The minimum payment offer letter must follow the template provided by the City. The proposed agreement documents must include information detailing the terms of the temporary easement and a sketch indicating the limits of the temporary easement. Consultant shall deliver the minimum payment offer letters and associated proposedagreement documents to all owners via certified mail with proof of delivery kept in the parcel file. • Consultant shall arrange negotiation contacts with property owners and identify property and Project issues for each file. • Consultant shall contact property owners to provide general information about the Project and answer any questions related to the minimum payment offer terms. Karl Johnson, E.I.T. City of Ashland Engineering Department Page 13 of 16 • • If property owners are willing to accept the minimum payment offer, Consultant shall ensure the signed agreement documents are sent to the City for final approval and payment. • ' IF a COUNTER OFFER is received, Consultant shall submit the proposed COUNTER OFFER with a justification letter and owner supplied supporting documentation to City for approval. If accepted see proceeding bullet. • IF an acceptable agreement is not reached, Consultant shall document this decision in the file and notify City that the standard ROW acquisition process must be used. • Consultant shall prepare and maintain a Report of Personal Interview for each file. Assumptions: • The Minimum Payment Offer will be used for permanent easements associated with the reconstruction of ADA ramps. • The Minimum Payment Offer will be$500 and will not require valuation services. • There is no Relocation on this project. If Relocation services are needed the scope and budget will be adjusted accordingly. • Appraisal services are not needed for this project. If appraisal services are needed the scope and budget will be adjusted accordingly. • DOWL to provide title reports and/or trios. • Escrow services and title insurance will be paid for by the City of Ashland. • The City will make payment to property owners and record documents if needed. • DOWL will complete the legal descriptions. • Rates subject to annual escalation. Task 10 PREPARE PRELIMINARY DESIGN PACKAGE Task 10.1 Field Scoping Consultant shall physically visit each intersection to observe and document theexisting. conditions and proposed solutions to comply with ADA standards. Consultant shall document observations with written notes and color digital photographs. Consultant shall review proposed ADA ramp improvements as they relate to the following: • Problem identification • ADA requirements • Proposed design alternatives • Traffic and pedestrian safety • Pedestrian accessibility routes • Construction staging, detours, traffic control • • Potential permanent or temporary Right-of-way impacts • Existing utilities and potential need for utility relocations(temporary and permanent) , • Environmental issues including haz-mat, historical, archeological sites, wetlands, erosion, threatened and endangered species, water quality, 4F and 6F, noise, ODFW In- Water Work Period, Federal coordination, and permits, etc. (desktop only) • Drainage/stormwater, existing and proposed improvements • Permanent signing • Guardrail and barrier, existing and proposed new Karl Johnson, E.I.T. City of Ashland Engineering Department Page 14 of 16 • Foundation/geotechnical • Hydraulics/hydrology • Potential impacts to existing driveways • Signal modifications, if required • Potential political or controversial issues Consultant scoping team members will identify potential project issues, review and consolidate comments into one complete draft scoping summary for each intersection. Deliverable(s)/Schedule: • DOWL shall provide the City an electronic copy in a PDF of the items above for ,review and comment. Task 10.1 Prepare Preliminary Plans • Preliminary design of the project shall include location/layout of new curbs, sidewalks including ADA ramps, driveways as necessary, paving limits, and storm drain modifications. The design • shall also indicate the location for additional signing and striping necessary to meet current standards for each intersection (see task 8.2 for more details). Consultant shall produce preliminary plan sheets displaying the design to approximately a 30% level of completeness. Plan.sheets and ADA ramp detailsheets will be produced in 11"x 17" format with a 40 scale and submitted onpaper and electronically (pdf)for review to the City. Construction details, staging plans, and erosion &sediment control plans will not be submitted with the preliminary design package. The design package will be reviewed by the City, and the City will provide written review comments, as necessary. Deliverable(s)/Schedule: • DOWL shall provide the City with two (2) paper copies and a PDF of the. items above for review and comment. Task 10.2 Prepare Preliminary Quantities/Cost Estimate DOWL shall calculate estimated construction quantities and generate a Preliminary Engineer's Cost Estimate to accompany the Preliminary plans for review and comment by the City Staff. Task 10.3 Preliminary Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of this internal review will be kept in DOWL's project files and will be available to the City upon request. TASK 11 PREPARE ADVANCED PLANS, SPECS &COST ESTIMATE . Task 11.1 Prepare Advanced Plans DOWL will prepare and submit Advance (90%) contract plans for review by City Staff. City feedback from the preliminary design will be incorporated into the Advance Plans. DOWL will incorporate City of Ashland standard details into the drawing set, as needed. For budgeting i f Karl Johnson, E.I.T. City of Ashland Engineering Department Page 15 of 16 purposes, it is anticipated that the Advance and Final Plans will consist of the following list of 11"x 17" plan sheets: Title Sheet/ Index Sheet 1 sheet Typical Sections 2 sheets Construction Details 2 sheets ADA Ramp Details 20 sheets Traffic Control Plans/Details 10 sheets Pipe Data Sheet 1 sheet General Construction & Utility Plan 6 sheets Permanent Signing & Pavement Marking (Task 8.1) - 7 sheets Traffic Signal Modification Plans (Task Z.3) 11 sheets Erosion Control Plan/Details 6 sheets Deliverable(s)/Schedule: • DOWL shall provide the City with two (2) paper copies and a PDF of the above items for review and comment per the project schedule. DOWL shall provide responses to the City's preliminary comment log. • Task 11.2 Prepare Advanced Quantities/Cost Estimate DOWL shall calculate detailed construction quantity estimates and generate a detailed Engineer's Cost Estimate to accompany the Advanced plans. Task 11.3 Prepare Advanced'Specifications DOWL shall prepare bid book including draft specifications and special provisions for the purposes of bidding. Specifications shall conform to the 2018 Oregon Standard Specifications for Construction. Task 11.4 Advanced Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of thisinternal review will be kept in DOWL's project files and will be available to the City upon request. TASK 12 PREPARE FINAL PLANS, SPECS &COST ESTIMATE Task 12.1 Prepare Final Plans DOWL will prepare and submit final contract plans for the purposes of bidding. City feedback from the Advanced plans up to one set of comments will be incorporated into the final plans. All plan sheets will be produced in 11"x 17"format and submitted electronically. Task 12.2 Prepare Final Quantities/Cost Estimate DOWL shall calculatedetailed construction quantity estimates and generate a detailed Engineer's Cost Estimate to accompany the final plans. Task 12.3 Prepare Final Specifications r Karl Johnson, E.I.T. City of Ashland Engineering Department Page 16 of 16 DOWL shall prepare bid book including final specifications and special provisions for the purposes of bidding. Specifications shall conform to the 2018 Oregon Standard Specifications for Construction and the City Standards. Task 12.4 Final Independent Design Check/Review According to DOWL policy and procedures, DOWL shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to the City. Documentation of • this internal review will be kept in DOWL's project files and will be available to the City upon request. . . . TASK 13 BIDDING ASSISTANCE Task 13.1 Pre-bid Meeting DOWL will conduct one on-site pre-bid meeting to allow contractors to ask questions and fully understand the project requirements. Task 13.2 Bidder Questions and Addenda DOWL shall assist the City during the bidding process by answering contractor questions and preparing up to two (2) addenda, as necessary. Task 13.3 Bid Evaluation DOWL shall assist the City in securing construction bids for a contractor to perform the contract work. DOWL will contact contractors approved by the City to invite them to bid. The City will be responsible for advertisement and receipt of all bids. DOWL will produce a bid tabulation and assist the City with evaluation of bids. . Estimated Fee DOWL proposes to perform this scope of services on a time-and-materials basis for a cost not to exceed $440,001.33, and contingency tasks if released by the City, in the amount of$19,690 as shown in the attached spreadsheet of estimated labor costs and expenses. These costs are in accordance with and based upon DOWL's 2020 Standard Billing Rates, also attached. We hope that this proposal provides you with the information you require at this time. We look forward to working with you on this project. 0 Sincerely, ' Jaime Jordan, PE. Project Manager . • • . . • '..] • ;4. , , ... . . . . • • - . . . • . • 00.1.,I.1C • ' • Da. . . OW If Ashland ESTIMATED COST • Ashland SINN Overlay foam$IsIdym,Boolsosed to NAM A . EXHIBIT A • .. DO00.1.0 No.27524002941 . .„ • ' ' . t . . . . •.- '1 ,. , - • " .,, , ..._. TAW • ' ' ' •6••- '.s•e.Non.1-00.14../i 10715 VI k.aT . ,...' ."17."1:: ''''''• s..i.Z.r.=., .020 c.a. "'''"•• 4.'• . ea..t.r. CT em . .' ame,01 111.48,11 .'" e0•00...' Or.. ... 10•• 10•••we.0 •C.on•rle• ,v •••Male, 7061 .0017 . ' 4 .4'• p p • • .. .5 - AVC, PM 'AI NM SO . TASK 1 11110.11615/1.00.77 AND 0302111194116 1.1 Pam/has.*0.41C004.11,041100 .• . 10 4 224 SO.- SO. 30.00 1000 • 1677700 . 72" • 6 38 „,•,_,..1_0. 1000 - MOO LO.00 .5 09070 TASK 1 10611ONSYSINT1110 AND 014140110 • . 2,, 4.4......004.4.8c...0.,.......... , • . . 72 Ma0.4.800.90.4•7 '----1-1:1°'----"--rOTO •-'";4-'-':6TO-2 ' 19",=0 , S. 180.1.11,9440.4.40.00.8.......... • WOO' SONO 3000 11.100.00- SLIM= 2.0 .00.4.0169091.00•4•0*.an.v.d.04944...4997 I . . .__,...12,.%.0 11.070 e., shel...w.,.......,..............m..., •• LI 100.1 0.87.004.0..1771,11 Mora ' . ____.._12 ' SO...___...1_,0.._.72•00 ...0.00 __...... MX 3 01.111.1.7167•1 1200161160.1.17107112601.61 . --,- • • • T:÷-‘. :."'1.1=1"279:744 A 1,449.1 . . . 14 0 . 6 12 4 44 1070 • 10.00 , .S0.00 ' $0.00 0600.00„ „..___...._ TASK S 1.1211.11110020.411014 . . • 3. .1._1 2911 1.71.40.816..48. 4 16 40 2 02 10.00 ....$070 S0.00 -• $003 _ $0.090.00 WA 1 010711701610101.0016 PAYMENT DIMON SIMI. . . AI AN 0.6.6......,f......6,+..0 w6,1...• ' 0 MOO, 12700.00 -SACO 30.03 . 64110.00 .1 IN17159A99084 and lakar0107.004 • • 0 10. •.3.1.1,7_ 00 1,_'0.00 MO $0.00 11070070 . . • • 67 04,74.988104.17.242. ' /0814.4069.10.47s. .. • :1. . . 0 S0.00 160700 M200.020 OO. ' 10.00• 71,403.00 71 04.48.19414.41882.481 Da..INS. 2 , 2 km 1..se.,iFoTeo.7-i-o•••-.00 .--•i"--o.co •',IWO° 10 AllIS,004 000..00100 67 014.0.0.021 Mo00, ... 0 $0.00 . Sli/MAO MOO .00 $1700.00 TAMS 7 7.:,1610.31.1.11.1141111C AND 1170.1781111,1171.4.5 • 1 1.1 12 MOO 3000 $0.00 $0.00 600570 7.2 9095.0.0.05,471A0017.1. , 6 26 33 S0.00___.__,A, ,0.00 10.00__L_1_13.00 0753.0 , . TASK 0 010.77.2111016111210 0.NANANASIN7 : '''q;',110t::/'''---.---121-:7, 11,13--'-'"1:11 -010:',56:::: 11 0 06560.00 $0.00 60.03 . 1070' 140060.00 TASIS 0 MOAT OM.IMO,410125100. • F/2 . 700 0.1 1800.01W7,4414 : 94.4. 4 MOO '05300.02 420040 ..2 n....,„,......04.4.46959. . TAW 10 10111.97 101101.1.64111 13.10a PAC.. • . , 10.1 N1.1102. . 75 10.00 73.00 MOO . $073 .60,30 10.2 Pape.Pala.9.21,4 .21 . 2110 120 476 , 3,370 P WOO 3070 , 30.10 140,60.00 A 12 ' III 10.00 WOO I• so. so.e.5 0 2 00.00 • . • , 4 - 2 TASK II 1817.1 ADVANCED PLANA 51,115•COST INMAN . . ' • . - • 10 411 14 220 . . 10 80 , 302 MOO S070. INN SONS 134780.00 . • 24 00.00 1370 30.00 10.00 30051170 16 Prs,••••.404.1S,..tellon .4 22 • • 6 $0.00 10.00 MOO 30.03 $860.00 • 117 4.1400•1 IrANNT41.0490.74.974.4. 6 . • . 2 20 $0.00 $0.00 11100 SAM . 160000 .. . ..--.. TASK 12 196701111141.NANA S.C.06.111117. MI 059040201905 '' 6 2 ; 'r . 6 20 . 1110 07.00 00.00 0.00'--•-•i•-•"000 090780.00 .2.2 ,.....,....,..............,........ 00.04 62.000 00.200 0064,0 0 '3: -..-7L--$:•.:: , r3+:=<*r0: ..:::::; :26.10::: 2 ; : . 2 $ 0 60 0000 . 50.00 ..{OM 0721700 651 10 VDDINO ASSISTANCE 19.1 8.71.17.502 6 • 0 ' ' 16 1610 SO. '0.0__60,0,2. 603.0 W.T.--7.9................Ada. 6 • 4 . 0 20 21.300.02 . 1070 .00 MOO .110.00 1. 00 601.0•00 , 12 S0.00. .00 $0.00 •.690. . . . . . . . 1914.8161. 14 907 211 • 107 746 0 0 0 0 0 0 . NO 13 SO 98 10 • 1777 , . . _ . - ,. , • -_. -.. - •. WARD'00•113 $291.03 $200.00 31.00 3163.00 1135.00 1170.00 $200.00 3.3.00 VAN 1120.00 S1700 0133.00 312070 1.1006 S1113.00 112700 31.00._ $160.00 2014117.006701.411 13710 361,400 04700 $17,60 $100710 SO SO SO SO SO SO 11130 $00200 61.200 COM 15700 11,030 0620 171705.00 •110,150.10 $12760.00 $111,00.00 0417.640.00 DOME/MX.20 2.600 . Or.MEMO. 1220.00 • . 011122/21450.4 114442.27 • was moon 0 $1.002.04 • TOTAL 120691151106715 $4.0.001.10 I Total Estimated Cods of $000,001.32 ' . . . . . . . .. •. . 010017000 CT,eses ' ; .; .....t.:;,.,....'...1.-:,,,.. 've ,e.deei,ii je'ets ,:, '....t..t.,, Te00 tZle T:,Zor:e ."'.....0 cea ow.,C...... .... .".... ''''' .....:. '°'. • '' - ' • -.. i11.4,1 V 'Com•014 A'........ 2240.44. 1104.1111 ' ...? . • ?.' .....'C„ .W. 21.0rf r. , • • '. - . • . • . , .-.• "-. . . ... ,. . . 7 77'. • - AN, MC-• NO -Al Pla 50 . 500.. - - ' • . . < . 100720000002000 . ,,... . V- . 0 ' So• • So M__moo 00.120.00 07.2 1,81 00101.1R OW UN..0.12010117362.21790 60.3 M.O.Stokl.ICONINGINC-67110 .. , pi-----,so-7-itTo -.seem 083 /1401,40.7•88.721.011.4.tfOrmvoDT41,0 0 10 SO S13.410 SO 01341070 • S2.00 •- :--'130-7 7-"SO .. • • ' • A VE0.0011•101.010 RAIN 1.253.00 190000 1190.00 S16570 013102 1170.0* S70700 M. .3.00 819.0 17.0 113303 1.1.00 31C0.00 $1.1.07 31600 01.00 013700 1077.17020011!01.421 SO SO 00 00 00 00 SO 00 SO to so So 00 00 sa So So so So.] 00.00 011010.00 00,20700 00.000.00 - , /41560011106166110INCT menses. Moo . • • . • ' . Nes Nosmo• 207.14 . . TOTAI 0.4 oxnuot.cym.cr E.1111•011. $100..00 • . . 1•44,......4•9 601......•6......$ $.4,0,00 10004lamelal 6.Is indulane Caftan*.•i 0420,001.22 • • . . • . ' • `. . • . . . . • • • • • '. • • .. . • . ' • • . • •• . .. • . • • . . • . • • . . • • • . • • • . . • • . . • • • . ' . . • , • • • COWL Basis olOs1 60200200.22002021-1010776 015651 41 ANtand ETD=AM.2.02 • • . . . , • • , • • • • . • • ' . -• EXHIBIT B i• CITY OF' A,S;H;L•AND, O'fttG,ON , CIty of Ashland 1. r ALL..empioyers described WAG E .below`,must complywith City of Ashland laws regulating payment ofa living wage. $15.96 per hour, effective June 30,2021. The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be, paid,a portion of business of their 401K and IRS eligible living wage: employer, if the employer has cafeteria plans(including ten ormore 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 Ashland if the contract $22,310.46: part-time employees,the 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, Oregon 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Page 1 of 1: EXHIBIT B { 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: • J (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. V (6) Consultant assumes fmancial•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. t,--� - DigitaIIy signed by Guy Hakanson �-,_ °Z02 nI amapproving this document Date.2021'.07.22 16:3409-07'00' Constant's sig Faure I , —112ZIZ, Date Page 1 of 1: EXHIBIT C. Ac/�RQ® DATE(MMIDDIYYYY) VCERTIFICATE OF LIABILITY INSURANCE 08/17/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek,Inc. PHONEINC509-789-8350 FAx 509-931-0794 E-M 16201 E Indiana Ave,Suite 1000 No.Ext): (AIC,No): E-MAIL Spokane Valley,WA 99216 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: National Fire Ins.Hartford INSURED INSURER B: Continental Insurance Co. DOWL,LLC 920 Country Club Road,Suite 100B INSURER C: American Casualty Co.of Reading,PA Eugene,OR 97401 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLINSwvo POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY 6080818241 05/01/2021 05/01/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 X COMMERCIAL GENERAL LIABILITY X PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 15,000 X BI/PD DED:$10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY© PCT n LOC $ AUTOMOBILE LIABILITY 6080881839 COMBINED SINGLE LIMIT 1,000,000 A 05/01/2021 05/01/2022 (Ea accident) X ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED — 1 SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) B UMBRELLA LIAB X OCCUR 6080818255 05/01/2021 05/01/2022 EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X AGGREGATE $ 4,000,000 DED X RETENTION$$10,000 $ C WORKERS COMPENSATION WC680818238X WC STATU- X 0TH- AND EMPLOYERS'LIABILITY Y/N 05/01/2021 05/01/2022 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE USL&H,WC,Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A Included (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under **USL&H,WC,Stop Gap 1,000000 DESCRIPTION OF OPERATIONS below , -, ,_ E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Ashland Street Overlay from Siskiyou Boulevard to Faith Avenue City of Ashland and City of Ashland Oregon and its elected officials,officers,and employees are Additional Insureds are additional insureds on the general liability,automobile,and excess liability policies per the attached endorsements/forms... (See Attached Description) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St AUTHORIZED REPRESENTATIVE Ashland,OR 97405 a,RYdl,ik`i\.Sam v CV D ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1 of 10 (HIS00) DESCRIPTIONS (Continued from Page 1'), Coverage is primary and non-contributory on the general liability,automobile,and excess liability policies per the attached endorsements/forms. 2 of 10 (HIS00) • _ _ CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage;and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with"arising out of' language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural,engineering,or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX(10-16) - Policy No: 6080818241 Page 1 of 2 Endorsement No: Insured Name: DOWL, LLC Effective Date: 05/01/2021 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown .below,and expires-concurrently with said Policy. CNA75079XX'(10-16) - Policy No:6080818241 Page 2 of 2 Endorsement No: Insured Name: DOWL, LLC Effective Date: 05/01/2021 Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office,Inc.,with its permission. a• THIS PAGE INTENTIONALLY LEFT BLANK 19 Mobile Only those"autos"that are land vehicles and that would qualify under the definition Equipment of"mobile equipment"under this policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy SECTION II—COVERED AUTOS LIABILITY Begins COVERAGE 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the We will pay all sums an "insured" legally must pay Declarations, then you have coverage for as damages because of"bodily injury" or"property "autos" that you acquire of the type described damage" to which this insurance applies, caused for the remainder of the policy period. by an "accident" and resulting from the ownership, 2. But, if Symbol 7 is entered next to a coverage maintenance or use of a covered "auto". in Item Two of the Declarations, an "auto" you We will also pay all sums an "insured"legally must acquire will be a covered "auto" for that pay as a "covered pollution cost or expense" to coverage only if: which this insurance applies, caused by an a. We already cover all "autos" that you own "accident" and resulting from the ownership, for that coverage or it replaces an "auto" maintenance or use of covered "autos". However, you previously owned that had that we will only pay for the "covered pollution cost or coverage; and expense" if there is either "bodily injury" or b. You tell us within 30 days after you acquire "property damage" to which this insurance applies it that you want us to cover it for that that is caused by the same"accident". coverage. We have the right and duty to defend any C. Certain Trailers, Mobile Equipment And "insured" against a "suit" asking for such damages Temporary Substitute Autos or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a If Covered Autos Liability Coverage is provided by "suit" seeking damages for "bodily injury" or this Coverage Form, the following types of "property damage" or a "covered pollution cost or vehicles are also covered "autos" for Covered expense" to which this insurance does not apply. Autos Liability Coverage: We may investigate and settle any claim or "suit" 1. "Trailers" with a load capacity of 2,000 pounds as we consider appropriate. Our duty to defend or or less designed primarily for travel on public settle ends when the Covered Autos Liability roads. Coverage Limit of Insurance has been exhausted 2. "Mobile equipment" while being carried or by payment of judgments or settlements. towed by a covered "auto". 1. Who Is An Insured 3. Any "auto" you do not own while used with the The following are"insureds": permission of its owner as a temporary a. You for any covered "auto". substitute for a covered "auto" you own that is out of service because of its: b. Anyone else while using with your permission a covered "auto" you own, hire a. Breakdown; or borrow except: b. Repair; (1) The owner or anyone else from whom c. Servicing; you hire or borrow a covered "auto". d. "Loss"; or This exception does not apply if the e. Destruction. covered "auto" is a "trailer" connected to a covered "auto"you own. Page 2 of 12 ©Insurance Services Office, Inc., 2011 CA 00 01 10 13 6 of 10 (HIS00) (2) Your"employee" if the covered "auto" is These payments will not reduce the Limit of owned by that "employee" or a member Insurance. of his or her household. b. Out-of-state Coverage Extensions (3) Someone using a covered "auto" while While a covered "auto" is away from the he or she is working in a business of state where it is licensed,we will: selling, servicing, repairing, parking or storing "autos" unless that business is (1) Increase the Limit of Insurance for yours. Covered Autos Liability Coverage to (4) Anyone other than your "employees", meet the limits specified by a you are a compulsory or financial responsibility partners (ifpartnership), members (if you are a limited liability law of the jurisdiction where the covered "auto" is being used. This extension company) or a lessee or borrower or does not apply to the limit or limits any of their "employees", while moving specified by any law governing motor property to or from a covered "auto". carriers of passengers or property. (5) A partner (if you are a partnership) or a (2) Provide the minimum amounts and member (if you are a limited liability types of other coverages, such as no- company)for a covered "auto"owned by fault, required of out-of-state vehicles by him or her or a member of his or her the jurisdiction where the covered "auto" household. is being used. c. Anyone liable for the conduct of an We will not pay anyone more than once for "insured" described above but only to the the same elements of loss because of extent of that liability. these extensions. 2. Coverage Extensions B. Exclusions a. Supplementary Payments This insurance does not apply to any of the We will pay for the"insured": following: (1) All expenses we incur. 1. Expected Or Intended Injury (2) Up to $2,000 for cost of bail bonds "Bodily injury" or "property damage" expected (including bonds for related traffic law or intended from the standpoint of the violations) required because of an "insured". "accident" we cover. We do not have to 2. Contractual furnish these bonds. (3) The cost of bonds to release Liability assumed under any contract or agreement. attachments in any "suit" against the "insured" we defend, but only for bond But this exclusion does not apply to liability for amounts within our Limit of Insurance. damages: (4) All reasonable expenses incurred by the a. Assumed in a contract or agreement that is "insured"at our request, including actual an "insured contract", provided the "bodily loss of earnings up to $250 a day injury" or "property damage" occurs because of time off from work. subsequent to the execution of the contract (5) All court costs taxed against the or agreement; or "insured" in any "suit" against the b. That the "insured" would have in the "insured" we defend. However, these absence of the contract or agreement. payments do not include attorneys' fees 3. Workers'Compensation or attorneys'expenses taxed against the Any obligation for which the "insured" or the "insured". "insured's" insurer may be held liable under (6) All interest on the full amount of any any workers' compensation, disability benefits judgment that accrues after entry of the or unemployment compensation law or any judgment in any "suit" against the similar law. "insured"we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 3 of 12 7 of 10 (HIS00) i 4. Loss Payment—Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option,we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto"you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the"auto"from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the"trailer"is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered"auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the"insured"or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact a. The estimated premium for this Coverage concerning: Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 ©Insurance Services Office, Inc., 2011 Page 9 of 12 8 of 10 (HIS00) eNA CNA Paramount Excess and Umbrella.Liability Policy D. Coverage D = Key Employee Exclusions With respect to Coverage D - Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or Mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, 'impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including'undeclared of civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents;:or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or-defending against any of these. 2. Other Expenses a. expenses the-Named Insured incurs which the Named Insured would not have incurredifthe Named Insured had used all reasonable means to: i. find a permanent replacement forthekey employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the,Named Insured's permanent loss of The services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured's loss of the services Of a permanent replacement appointed or hired to replace'a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee_and the Named Insured'sloss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A - Excess Follow Form Liability, the Named Insured and any persons Or organizations'included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of.insurance;.afforded under such underlying insurance. B. With respect to the Coverage.B'- Umbrella Liability: 1. If the Named Insured is designated in the Declarations.of this Policy as: a. •an'indiVidual, the Named Insured and the Named Insured's Spouse,.are Insureds, but only with respect'to the conduct of a,business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an.Insured. The Named Insured's.members, the Named Insureds partners, and their spouses are also'_Insureds, but only with respect to the conduct of the Named Insureds business: Form No:CNA75504XX 1032015) Policy No: '• 'Policy Page: 14 of 32 Policy Effective Dater Underwriting Company: Continental Ins:Co, 333 S Wabash'Ave;Chicago,,IL 60604. Policy Page: 25 of 51 i. e;'CO pyright CNA All Riahrts.,Reserved. ' s r IhrNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurancemay also apply; and vi. will not voluntarily make a payment, except at its owncost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage,A - Excess Follow Form Liability and Coverage B - Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost,to voluntarily, without the Insurer's approval, make any payment;admit liability, assume any obligation orincur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A - Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on.a primary and noncontributory basis as respects that person or entity; then this insurance is primary toand will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to-each Insured'against.whom a claim is made. U. Transfe?of Interest Form No:CNA75504XX(03-2015) Policy No: Policy Page: 2-1 of 32 Policy Effective Date: Underwriting Company: Continental Ins. Co,333 S Wabash Ave,Chicago,IL 60604 Policy Page: 32 of 51 Copyright CNA All Rights Reserved: ,r • • Terra Insurance Company E RRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 DATE CERTIFICATE OF INSURANCE 01/01/21 CERTIFICATE HOLDER DOWL LLC operating as DOWL 4041 B Street • Anchorage,AK 99503 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period indicated: Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been :reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 221089 01/01/21 •12/31/21 LIMITS OF LIABILITY $5,000,000 EACH CLAIM $5,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION DOWL's project number 0000. GENOH.01 Evidence of Insurance CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty(30)days in advance,or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date,the Company will mail written notice to the certificate holder within thirty(30)days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY DOWL,LLC operating as (A Risk Retention Group) DOWL 8420-154th Avenue,N.E. Redmond,WA 98052-3864 bifl-t.). a-44— President