The URL can be used to link to this page

Home My WebLink About2009-093 Agrmt - Peck Smiley Ettlin PECK SMILEY ETTUN. (] rc h I teefs City of Ashland City Hall 20 East Main Street' Ashland, OR 97520-1849 2Q May 2009 Attn: Ann Seltzer City Manager's Office - Special Projects . RE:Fee Proposal for Site Design Review Application Documents for a New Station on Ashland Avenue in Ashland, OR. Dear Ann: Peck Smiley Ettlin Architects are pleased to provide you with an architectural fee for a two phased proposal for the new Station 2 on Ashland Road.. The first phase of the project is to complete a Site Design .Review application with the City. The application requires a traffic impact analysis, a landscape plan, a schematic site utilities plan, a survey and Architectural site plan, floor plan, elevations and materials boards. The second phase consists of the remainder of the project including Design Development, Construction Documents, Bidding and Construction Administration. PSE Architects will perform the first.phase above for a fixed fee of $47,920. Reimbursables include any consultants, mileage, printing, postage and photographs and are included in the fee proposal. We have also included a fee proposal to complete the project should it come to fruition. Our hourly rates are as follows: Partner Project Architect. Architect . Architectural Intern Secretarial $105.00/per hour $85.00 $75.00 $65.00 $45.00 We anticipate having Jeff Bringenberg available to complete this phase of the work. We understand that your schedule is contingent on many factors and we can proceed as quickly as desired or needed by the City of Ashland. We have worked both in the City of Ashland (Main Station) and with your interim chief Larry Langston (Bend Fire Stations - 4) previously. We have a good working relationship with both. . 4412 SW Corbett, Portland, OR 97201 tel 503.248.9170 fox 503.248.0223 www.pseorchs.com We thank you for the opportunity to be of service. Please do not hesitate to call to discuss any portion of the above proposal. Thank you. ~ ~. 1<<"- Hans O. Ettlin Partner ?M! , ACORD. CERTIFICATE OF LIABILITY INSURANCE OP IDRW I DATE (IllMlllOlYY'fY) .. PECKS-I 06/22/09 PRODI.ICER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fullerton & Company HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 29018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97295-9018 Phone: 503-274-6511 Fax: 503-274-6524 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A SAIF Corporation INSUREFlB Hartford casualty 29424 Peck -Smiley Ettlin Architects INSURERC, Tbe """,layu. "n leur."C_ 20648 4412 SW Corbett Avenue ~SURERD: New Hampshire Ins Co Portland OR 97239-4207 ~SURERE: COVERAGES THE POLICIES OF INSURANCE LJSTEO BELOW I-lAVE BEEN ISSUEO TO THE INSURED N AMEDABOVEFORTHEPOUCYPERIODINDICATED,NOTWlTHSTAADING NjY REOUIREMENT, TERM OR CONDITION OF NlY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEOOR MAYPERTAIN,THE INSURANCEAfFOROEO BY TI-lE POLICIES DESCRIBED HEREIN IS SLJBJECTTOALL THE TERMS, EXCLUslONsANOCONOITIONsOFsLJCH POLICIES. AGGREGA.TE LIMITS SHOWN MAY KAVE BEEN REDUCED 6Y PAID ClAIMS INSR DD'L POUCYEFFECTIVE POUCYEXPlRA110N em NSRD TYPE OF INSURAtlCE POLICY NUMBER DATEIMWDDiYY) OATE[MMIIlOIYY) liMITS GENERALUABIUTY EACH OCCURRENCE S 2000000 - DAMAGCTO RENTEO B X COMMERClALGENERALLlAllI\JTY 52SBAUL7992 04/01/09 04/01/10 PREMISES (Ea ocaJr"oce) S 300000 I ClAJMSMAllE ~OCCUft MEOEXP(Myor>epe.......) S 10000 PERSOI'lAL~AOVINJvRY S 2000000 - - GENERAL AGGREGATE S 4000000 ~AGGREGATEnPLlEsPER:n PROOUCTS-COMPIOPAGG S 4000000 PRO- POLICY JECT LOC ~OMOaILEUAIlIUTY COMBINED SlNGlE UMfT S 1000000 C -"- _~o lE06005 05/09/09 05/09/10 [Ea_l) - ALLOWNEOAUTOS BOOILYINJ\JRY . SCHEDlJLEOAUTOS (PorP'lrsoo) - - HIRED AUTOS " , , BOOlLYINJURY . NON-0WNEOAUTOS WO'aWdont) - ., - PROPERTYOAMAGE . . IP.r.ecidonQ ~r:= AUTOQNLY_EAACCIOENT . OTHERTIW-l ~= . AlITOONLY; ~ . EXCl;SSlUMBRELLALIABIUTY EACH OCCURRENCE . :::J ocooe DClAIMSMADE AGGREGATE . . =jocoo"'~' . RETENTION . . X IT~~~~ I IOTK- WORKERS COMPENSATKlN AND '" EMPLOYERS'UAIlIUTY 978205 09/01/08 09/01/09 s 500000 A AJ-(YI'f\OI'RiElOll/PARTNERlEXECUTlVE E.L-EACI;IACCIOEHT OfflCEI'\ILIEMlIEREXCLVOEO? E.L-D1SEASE EAEMPLOYEE S 500000 Ityea,CdGf\tleur>dO< S 500000 SPECIAL PRO\flSIONS bok>w E,L-DISEASE POlICYUMIT OTHER D Errors & Omissions NAL3907081 12/19/08 12/19/09 Each Occ 1,000,000 $5.000 Deductible Aggregate 1,000,000 Dl;SCRIPTlONOFOPEAATIONSILOCATIONS/YEHICLES/EXClUSIONSAODEOBYENDORSEMENTISPEClA.LPROVlSIONS RE: All Operations Certificate Holder is considered as additional insured with regard to operations of the named insured in accordance with the policy terms, conditions and exclusions. .. _. ., CERTIFICATE HOLOER CANCELLATION sHOULOAHYOFTHEABOVEOESCRlBEOPOUCIESBECANCELLEDBEFORETHEEXPIAATION DATE THEREOF,THE ISSUlNG IHSURER Wll..L EHOEAVOR TO MAIl 30 OAYSWRITI'EH - NOTICE TO THECERl1FlCATE HOLOER NA..EtI TOlliE LEFT,BUT FAILURE TO 00 SO SHAll. City of Ashland IIdPOSE; HO OBUGAl)[)N OR UAIlIUTYOf'ANY I(lNO UPON THE INSURER, fTS AGENTS OR 90 North Mountain Ave Ashland OR 97520 REPRESENTATMS. ATAr~ Vi ~ 1 .. A ^ 0 ) I -rr v ~ ACORD 25 (2001/08) @ACORD CORPORATION 1988 +: : 0 >-' >-" w. o .. " " .~ ~~ ~ 0 ",0: 't:S ';;;"g' C " m mO:C j;tij.t VI ~ - <( .a c;; ...... g.2 o_1li ::..:ECi5 ;t::- ~ ~ o ~u: > ~ . " u w . ~ . " ~ o 0 ~ 1 'fl -E ii 2 E ... ~ B . 0 0 " U 0 , . a ! ~ . E ~ o "ji . . 0 . 0 i ! ~ ~ ~ ~ g J! ~ 0 lI: ~'g ~ m ~ ~..; " '" ~H " 0 g . ~ tu i -5 (!) .2 en g. :I OJ "1 ~" <(::i '2 t; ~ i I- o..:s . "- ~ " c ~~ >~ ~ .l,!. c " " a E ~ -; ~ 0"1 <II ~ J: .. .. o Q. o 0: o ~U ,,2 H "" UJ .!:: l;E ~W ~ ~ t)..!!:! .s 'E :EU) ""' ~~ ~ ~ ~ c o jj 2 .. c o U ~ . ~ ~ g> '5 ~ '" ~ ~ ~ o ~ '" g I;; , o I; , o ~ g g g N m ~ . M R.ooogg~2~~oooog ;;; R. R. ~ ~ .. .. ~ M 00"''''000 '<l" '<l" V V ~ ~ ~ ~ ~ ~ 0 0 0 0 ~ o I;; , " ~ ~ gOO 0 ~ ~ ~ ~ g~goooo~ v.-. v ;g I; , o ~ ~ ~ '" 0 0 0 v v v v v v v 0 0 0 0 ~ o I;; " 0<:1 0 <::I 00 0 0 ..,. N 0 0 co ;:? ~ &:I 000 . 0 ~ o . ro M N 0000'" 0 0 0 0 0 0 ~~~R.~~ -~ ~ ~~Nr-- ~ 00-00 N 0 V moo 0 v v 0000 a)~~gM~<D~~~~Nto I; , o ~ g " . , " ~ ~ ~ o 0 0 0 0 0 0 0 0 0 0 0 0 ~~~~g~~[g~~ I; , o ~ ~lbg~~~<DCD"'<OlD ~ i '<l" 0 '<l" 0 0 N.V <D co I; , o ~ OOOClO NO 0 0 ~;S; '::] &:I <:> <:> 0 0 N <0 '<l" '<l" ';?: 1"1 ~ ~ 00 O. 00 o g ~i5 o 0 <:> <:] . o 0 0 0 0 000 0 ~ . m ro o N ~ ~ , " ~~8g00~OOOO v to <D ~. ] Cii Q; ffi w:S .~ :!; ~ ,!; ~ :ll g~~~~~ ~ ~ Cl tj {} W III j.g>.5 c '5' ~wwU)ju . . " .u o " ~ : ~ . g ij ~ ;;: ~ ~ c . _ ~~c3 ~"t::I .3j~ ~ '" '" '" 0 '" 0 0 0 0 0 0 g~~gZO~ MVN~N ~ I; , o ~ ~ ~ g ~ 0 0 v 0 0 0 0 ~ ~ ~ g ~ 0 o c .0 ~ '" (; " " ~ .~ ~ ~ t:swl _E. -8 ~ fii ~ TI ., ~ ~ ~~~~~ q~BB .f; <( <( <II '" W W W "t: 't: tI) U) CI) .s.s 11. 0.. c.. C c w ~ '2:2~:3~:g~~g~!S!:g~IO~~~ . > " o o w I< o " " o o u . ~ "iii<X: ij .g-li ,E! ,~ .g. {j Il. d: < . B . '" "" g. :J: c jj W ~ . E ~ ~ . ~ " . . c " " c ow ~ ~ ~ 5 I!! ..c tI) f- .< ~ ~ .~ ~ Jig "m '0 ::) ~~ " . " ~ !::! ~ e ~ ~ ~ 5 ~ "g> (.IJ '" ~ w :r: .!!! 0 .. ~i1~& g g ~ N ~ ~ ~ .0 " ro o o 00000 ~ ~ ~ ~ ~ 000 o 0 o ~ N 00 ~~ ~ ~ ~ ~ . o . o 0'0 0 0 @: co ~ OJ ~ ~ ~ ~ ro o o 00000 0<00 <0 ~ . N ~ ~ ~ ~ ro , . ~~8~~ N N ~ ~ ~ o . ~ ~ ~ :g 0000 o . ~ ~~ I .2..c: ~ ti n. 0 -5!5, /II iii ~ ~ z ~ III .c: = 0 0:: a...:2a.. . ~ ~ < w o ro o ~ ~ ~ o o o ~ t o . . :i o W M " ~ ~ " ~ ~ :;! ~~ ":<&i ,,- ~ M ~ g ~ ,,; ~ z o F " U~ ~;'I! ~~- ;:UU l1l~cn --w [ij5n: "'''''' z";: C)~ocn OOwO::W ~~~~ ~:e6~ _oz>< en U::.W o ro ~- N o = ww ..'" H ~~ ~ '" ~ '" t- O t- III => '" . E "' 1! 0 o 0 ~ '" >- '" . 0 c ~ :~ 0 " " "- ci ~ 0 .~ 1ii c " g ic.c .~ -g ~ ~ [i (]) 0.. ~ ~~.E ~ ~ ~ :1 !!! III 0 0 cu ~ !!!"C 5 g- ~:3 ffi'Rj .W 2 ~ ~ Ql iJj E.!!. o .:0: ~ ~ ~ iTI 'E 11-cr ~~~-g 8'; ~~~:.~.g if E I1l.S 0 ~ <II lU 'ffi 2 (J -fi Q),g "5 '"5 iLUlCla. u. u. N,..; ~ .n.o .;; . ~ o ," .E o . o 'E . '" M o N N N ~ 0 0. aO ~ a:: "d" ~ ~- a ~ c ~ ~ ~ x ~ _ .2 3: g 0 ~ ~ III 0; -e ~ o ~ U N ~ ~ E o v N ~ ~ ~ g, III CD: ~i~~ "'. ., :.:,: ~; "" 0; -11;: o~ ~; 0;,", w= W' lJ,.:.'j ~:.f ~j ~1 0.' t'" ,; ~ ~ ~ c . ~ ,; " Ui . " '" u " ~ c , o U tl 2 Ui .; c o 2'1l ~ g- o c " .- E f:':!- ~ .g 0 GJ. 1II fi ~ ~ I;: 0 ~ "g 5 ';:] ~n c- LI 2 e l: 1ii iii 15 ~ 5 .~ '(3 c U (ij 8. .!!! ~ ffi 1Il.!i e:..c "..!!! ::; ~~.g "~ ~ rg:g-2! "'t:I"C 1lI"'C m !d at ~ 0: fl.. C .~~~~1io 3l .E :ii ~ ~ ~ o.."_"_o~ !50.~g8Cl CD:Z W C 0.. to'I.s. 0 w W VI ~ '((i !E w VI .2! .- It:: e "'C u)~Ol-iIi~ "":W"";Nn'<i n E , 0: 15 "(}" o = -li . ~ u . OJ " - . " ~ c . . .- - c !!::.u:: "," I' AGREEMENT BETWEEN OWNER AND ARCHITECT THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSUL TA TlON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.. AGREEMENT Made as of the 14th day of June in the year of two thousand and six. BETWEEN the Owner: City of Ashiand 455 Siskiyou Blvd Ashland, Oregon 97520 and the Architect: Peck Smiley Ettlin Architects 4412 SW Corbett Avenue Portland, Oregon 97239 For the followinq proiect: Ashland Fire Station NO.2 Improvement Project Architectural design, engineering and construction services consisting of programming, site planning, schematic design and cost estimates. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the work. Upon request of the Owner, the Architect shail submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having attend a series of meetings with the Owner's project team and the Architect's consuitants. . 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project to contain costs within the Project budget iimits. 2.2.4 Based on the mutually agreed-upon program, schedule and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Docurnents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or other unit costs. The preliminary estimate of Construction Cost shall provide a level of detail satisfactory to the Owner, and include estimates of Construction Cost for each category of work invoived. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in writing in the program, schedule or Project budget, the Architect shall prepare, for approval by the Owner, Design Deveiopment Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, landscape architectural, civil engineering, structural, mechanical, environmental, interior designs, and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Developrnent Documents and aoy further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shallprepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment and after consultation with the Owner, the Architect shall review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in . Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable forimplernentation of the intent of the Contract Documents, the Architect will have authority to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action . i.', question between the Owner and Contractor shall be subject to the provisions of the Contract Documents. 2.6.20 The Architect shall provide a reproducible copy of all Drawings, Specifications, and other documents to describe fully the finally constructed Work. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2, 3.3,_and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated thereof as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AlA Document B352 current as of the date of this Agreement, unless othelWise agreed. 3.2.3 Through the observations by such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not rnodify the rights, responsibilities or obligations of the. Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in Drawings, Specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the. . . prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.4.8 Providing coordination of construction perforrned by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost, except as provided for in the Scope of Work. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 0', 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractor" Applications for Payment or to ascertain how or for what purposes the Contractor has used the rnoney paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner~s expense, and the Architect shall be entitled to rely UpOr:1 the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The proposed language of certificates or certifications requested of the Architect or Ar,chitect's consultants shall be submitted to the Architect for review and approval at least 14 days prior to execution. The Owner shall not request certifications that would require knowledge or services beyond the scope of this Agreement. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner iatest preliminary estimate of Construction Cost that is approved by the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost of current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or ." .' ARTICLE 6 USE OF ARTCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 All work, including all data, Auto-Cad and other drawings, documents, plans, copyrights, specifications, working papers and any other materials the Architect produces in connection with the Agreement shall be considered work made for hire and shall be the property of the Owner. Upon completion or termination of the Agreement the Architect shall deliver these materials to the Owner. The Architect may retain for its own use and at its own cost copies of all work made for hire. Any use or reuse the Owner makes of the work rnade for hire other than the use for which the work was initially commissioned shall be at the Owner's risk. ARTICLE 7 ARBITRATION 7.1 There shall be a default under this Agreernent if either party fails to perform any act or obligation required by this Agreement within fifteen days after the other party gives written notice specifying the breach with reasonable particularity. If the breach specified in the notice cannot be completely cured within the fifteen day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the fifteen day period and thereafter proceeds with due diiigence and in good faith to cure the breach as soon as practicable. 7.2 Notwithstanding Paragraph 7.1, either party may declare a defauit by written notice to the other party, without allowing an opportunity to cure, if the other party repeatedly breaches the terms of this Agreement. 7.3 In the event of a default, before either party may bring an action in any court concerning this Agreement, such party must first seek in good faith to resolve the issue through negotiation, mediation or through other non-binding aiternative dispute resolution. 7.4 Pending final resolution of a dispute, or pending termination of this Agreement under this. article, the parties shall proceed diiigently with the performance of this Agreement. 7.5 If a default occurs and it is not resolved under Paragraph 7.3 above, the party injured by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. All remedies shall be cumulative. 7.6 Any litigation arising out of the Agreement shall be conducted in Circuit Court of the State of Oregon For Jackson County. ARTICLE 8 TERMINATION, SUSPENSION OR ABANDONMENT and Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materiais in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. However, the Architect shall report to the Owner the presence and location of all hazardous material of which the Architect becomes aware. 9.9 The Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. 9.10 The services covered by this Agreement shall be rendered by the Project team identified in the Architect's proposal. Mr. Hans Ettlin, principal in PSE, and Mr. Bob Thrapp, project architect, shall act as the Architect's representative in all communications and transactions with the Owner. The Architect shall endeavor in good faith to honor reasonable specific requests of the Owner with regard to assignment of the Architect's employees to perform services if the requests are consistent with sound business and professional practices. 9.11 The Owner reserves the right to approve subcontracts with consultants that the Architect proposes to retain for electrical and mechanical engineering and other services covered by this Agreement. The Owner's approval shall not be unreasonably withheld. 9.12 The Architect shall endeavor in good faith to honor reasonable specific requests by the Owner to retain consultants for lighting, acoustical engineering. and interior design, if the requests are consistent with sound business and professional practices. if the Architect .does not consent to a request by the Owner to retain a consultant, the Owner shall have the right to contract directly with the consultant, and in that event, the Architect shall coordinate, but shall not be responsible for, the quality of the consultant's services. 9.13 The Architect shall defend, indemnify, and hold harmless the Owner, its officers, agents, and employees harmless from any and all claims, actions, costs, judgments, damages, or other expenses resulting from injury to any person (including injury resulting in death) or damage to property (including loss or destruction), of whatsoever nature, arising out of or incident to the Architect's negligence (including but not limited to, the acts or omissions of the Architect's employees, agents and others designated by the Architect to perform services covered by this Agreement). The Architect shall not be held responsible for any claims, actions, costs, judgments, damages, or other expenses directly and proximately caused by the negligence of the Owner, the construction '.. .', with a certificate of insurance. If the Architect is a self-insured employer, the Architect shall provide the Owner with a certification from the Oregon Department of Insurance and Finance as evidence of the Architect's status. 9.20 The Architect shall maintain all licenses and certificates that are required by law for performing architectural services, including, but not limited to, certificates of registration required by ORS Chapter 671. . 9.21 Any notice required to be given under this Agreement or any notice required to be given by law shall be in writing and may be given by personal delivery, mail, or facsimile transmission. This paragraph shall not be construed to excuse either party from giving notice in accordance with applicable laws. 9.22 No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by the party waiving its rights. Any waiver of a breach by either party, whether express or implied, shall not constitute waiver of any other breach. 9.23 If any provision of this Agreement is held by a court to be invalid, such invalidity shall not affect any other' provision of this Agreement This Agreement shali be construed as if such invalid provision had never been included. 9.24. If the amount of this contract is $16,379 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to .all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract Consultant is also required to post the attached notice predominantiy in areas where it will be seen by all employees. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 102 REMBURSABLEEXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project, as identified in the following Clauses. 10.2.1.1 Expense of transportation in connection with Project; expenses in connection with authorized out-of-town travel; long-distance communications; . ." . contractors, or on account of the cost of changes in the Work other than those for which the Architect has been found to be liable 10.6 ARCHITECT'S ACCOUNTING RECORDS 1 0.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. .10.6.2 The Architect shall develop and maintain complete books of account and other records on the Architect's services which are adequate for evaluating the Architect's performance. The Architect's records shall provide a clear distinction between the expenditures and revenues related to the Project and the expenditures and revenues related to the Architect's other business. 1 0.6.3 The Owner shall have the right to request an audit of the Architect's books and records by a certified public accountant retained by the Owner. 10.7 The Owner shall not be indebted or liable for any obligation created by this Agreement in violation of the debt limitation of Article XI, Section 10 of the Oregon Comm~on. . 10.8 The Owner shall not be liable for any expenditure under this Agreement for which statutory appropriation has not been made pursuant to ORS 294.305 et seq. (Local Budget Law. 1.0.9 The Owner has appropriated funds for the Architect's services that will be provided during the fiscal year that ends on June 30, 2006. In the event no funds or insufficient funds to pay Architect's services are appropriated for subsequent fiscal years, the Owner shall notify the Architect as soon as the budgetary decision is made, and this Agreement shall terminate on the last day of the fiscal year for which appropriations are made. Such notice is a condition precedent to invoking the limitation on payment stated in Paragraph 10.8. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 :\N INITI/\L P..\YMENT of Dollars ($ ) shall bo m:Jde upon Clxecution of this Agreomont and crClditod to tho Owner's account at finGI p:Jymont. Billing to be monthly on a percentage completion basis. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be , ' . . ~ 1 tii'. Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and/or multiples of Direct Personnel Expenses for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Shall be billed at actual cost. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, rnechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, Ll muitiplo of () timoG tho LlmountG billod to tho /\rchitoct for Guch Gor.'icoG. shall be billed at actual cost. (Identify specific types of consultants in Article 12, if required.) 11.3.3.1 The project consultants will be as follows: Electrical & Mechanical Engineers Structural Engineers Civil Engineers Soils Engineers Level 1 Survey Hazardous Materials Survey Traffic Engineers Topographical & Boundary Survey Landscape Architects Consulting Architect Cost Estimator 11.4 REIMBURSABLE EXPENSES Interface Engineering Lewis & Van Fleet Engineering PBS Engineering & Environmental By Owner By Owner By Owner By Owner By Owner Otten & Associates Not Applicable. Architectural Cost Consultants 11.4.1 FOR REIMBURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, Ll multiplo of ( ) timoG tho expenses incurred by the Architect, the Architect's employees and consultants in the interest of the Project are included in the base fee schedule listed in 11.2.1. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within time frames as follows: Pre-Bond Election Services Post-Bond Election Services 6 months 18 months within () monthG of tho dLltO horoof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and'11.3.2. Owner will not be financially obligated by contract .. . t. ," ~" proposed exterior designs and materials. ~ Provide concept & design presentations for City Council & Commissions involved in review process. 4. Provide planning analysis and submissions ~ Preparation of planning application documents ~ Presentation of planning application to Planning Commission ~ Findings to be developed by architect. ~ Re-design work as necessary to obtain Planning Commission approvals. ~ Attend COA Project Utilities Review Meeting 5. Provide construction administration services ~ Provide bidding services, conduct bid opening. (City will print bid documents) ~ Construction rneetings as required (minirnum twice monthly). ~ Review of all submittals. ~ Response to RFl's and other technical information requests. ~ Review of payment requests and project close-out. ~ Meet project requirements for Certificate of Occupancy. ~ Provide detail cost estimate at 50% construction documents. This Agreement is executed under seal as of the day and year first written above. OWNER 4Si~ 4- /;J - / Wtf,C. (Date) ARC~I'~CT fJ/t0 J .~ (Signature) 6!Z-O/f)(O (Date) \ . ~~, CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND. OR 97520 (541) 488-5300 Lr~Th'1;~ElA:nE:J~~WiWi: !iY~~P.:0jNl~Jrv'-BER~~ 6/12/2009 08977 VENDOR: 000904 PECK SMILEY ETTLlN 4412 SW CORBETT AVE PORTLAND, OR 97201 SHIP TO: City of Ashland (541) 488-6002 20 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Ann Seitzer Confirming? No 1i~'iQUanITiV'Th1 ~uiifiW ~jE:;"~:~:rf~~t~~t:mE~,{~:~~~DesCfiDtioh~~~:':::_~~~'1':~~.7,~: ;;pc"<: ?~~'.i&_~~~ ilf.~uffitJ~Hc~ ~}~:LExt;!~rite~~fj Phase 1 - Complete Site Design Review Application - Fire Station #2. Approved by the City Council June 2, 2009. 47,920.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 47 920.00 0.00 0.00 47,920.00 ~zt~ACcounflNurrrbe~8f~~ [~FfrojectrNumb1!r;:~?~ ~E;i?fi.6:m()lfrit'](7;,J jr~~lii)Numoe~~~~ ~faR;oieCi1Nti';r{~r~[~?} ~tl'l1fAmount~Qt E 41 0.08.24.00.701 00 E 0001 75.1 00 47 920.00 '#~'''~2-~ A rized Signature :-/ VENDOR COPY FORM #10 CITY OF A.SHLAND CONTRACT APPROVAL REQUEST FORM lB""Per attached contract PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process ~ tf/6_q 7 7 Total Amount Contractor/Consultant: p<--&",~ ~-<..t!CA!7 Elf~<----J D Exemot from Comoetitive Biddina D Invitation to Bid (Copies on lile) D Emeraencv Reason for exemption: D WriUen findings aUached D Quote or Proposal aUached o Small Procurement & Personal Services D Reauest for Proposal (Copies on file) Coooerative Procurement Less than $5.000 Please check one: D State 01 Oregan Note: Total contract amount, including any D Goods & Services Contract # amendments may not exceed $6,000 D Personal Services D State 01 Washington Intermediate Procurement D Sole Source Contract # GOODS & SERVICES D WoUen findings aUached D Other govemment agency contract $5.000 to $75.000 D Quote or Proposal aUached Agency D f31 WoUen Quotes Contract # PERSONAL SERVICES D Soecial Procurement D Interagency Contract $5.000 to $50.000 D Written findings aUached Agency D (3) WoUen Proposals D Quote or Proposal aUached Contract # Have funds been budgeted for the purpose of this contract? YES (Date) \II-.. ~ cl. E ~' ~ ~ ~ at ~ ~ 'V ~~.~ ~J~ ! \! ~ ~~~,~ h~l ~.~ t' ~ ~ ~ ~.~ ~ ~J'0 \') Have all public contracting requirements been satisfied? YES NO If "NO", City Council approval is required. City Council approval was received on Is the amount of the contract less than $25,000? NO If "NO", City Council approval is required. City Council approval was received on (Date) Please provide: Account Number NO If "NO", Legal review is required, Contract was "Approved as to for !Date) Is the amount of the contract less than $75,000 for Goods & Se or $50,000 for Personal Services? YES NO If "NO", City Council approval is required. Ci (Date) YES NO . required. City Council approval was received on (Date) Start date: Compietion date: Can the contract be te mated for convenience thirty (30) or fewer days following delivery ritten notice to the contractor? YES NO Department: ", City Council approvai is required. City Council approval was received on ~d~' / aU ~--- U::'~ {fl~ c~ d-\ /Jb ~~~ ~&-1 (Oate) ,Prepared by: Please circle: (~ I Not Approved - ~~ Lee Tuneberg c",//2;/d/' Date: Date: Form #10 - Contract Approval Request Form, Page 1 of 1, 6/1212009 A request for a Purchase Order REQUISITION FORM CITY OF ASHLAND THIS REQUEST IS A: o Change Order(existing PO # Date ot Request I (; /.5/0 t; Required Date ot Delivery/Service: lo! 12._/()t? Vendor Name Address City, State, Zip Telephone Number Fax Number Contact Name Jt~ ,~jl~~rJJ:~J:/A:'f1:rdr Porflal\,L f) L q ?d-J C; "'5/:1,"? - . ~ 4X' - q 17 D lfaLl5 ~;-}f-/SI\ SOLICITATION PROCESS Small Procurement o Sole Source 0 Invitation to Bid o Less than $5,000 o WriUen findings aUached (Copies on file) o Quotes (Optional) o Quote or Prooosal aUached , Coooerative Procurement 0 Reauest for Proposal o Stale of ORlWA contract (Copies on file) Intermediate Procurement o Other government agency contract 0 Special I Exempt o (3) WriUen Quotes 0 Copy of contract aUached 0 WriUen findings aUached (Copies aUached) 0 Quote or ProDosal aUached 0 Contract # 0 Emeraencv 0 WoUen findings aUached 0 Quote or ProDosal aUached Description of SERVICES f/JIUL-.:J---roV<ft&- -9k- twi]/i Mte-v<r Ovff. fj~JId,~,,- ~~ Total Cost 1.-- --- -. Per allached PROPOSAL $ 117). 7'bO , . ~ , Item # Quantity Unit DescrIption of MATERIALS Unit Price Total Cost , - -. o Per allached QUOTE : TOTAL,COST o I -~. _ r t7 0 a~ '''------, Project Number __L2-2_ ~~ {7 p ~ tJ ( tJ-tJ---O ' Account NumberYJO- f)g)H.. '1fJ JJ1(l[l 'Items and services must be charged to the appropriate account numbers for the financiats to reflect the actuat expenditures accurately. i._ I,' [~$: ..~~ By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements, ~dl"__~"pm__",,_ ~ Employee Signature: aA1 /7 r it) Supervisor/Dept. Head Signatur . . G: Finance\procedure\AP\Forms\8_Requisition form revised.doc Updated on: 61512009