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HomeMy WebLinkAbout2012-179 Contract - Straus & Seibert Architects Contract for Architectural Design Services C I T Y O F CONSULTANT: Straus & Seibert Architects -ASH LAND CONTACT: David Straus 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1175E. Main St. Telephone: 541/488-6002 Medford OR. 97501 Fax: 541/488-5311 TELEPHONE: 541-779-4363 DATE AGREEMENT PREPARED: 7-18-2012 FAX: 547-779-3891 BEGINNING DATE: 7-31-2012 COMPLETION DATE: 12-30-2013 COMPENSATION: See Fee Schedule Exhibit D: NTE $52,056.00 SERVICES TO BE PROVIDED: Reference Exhibit C: Scope Statement Phase 5 ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience;education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings/Recitations: The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership,of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is$18,703 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 notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, 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 contract by Consultant(including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. Contract for Personal Services, Revised 07128/2010, Page 1 of 5 C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of, written notice to Consultant, or at such later date as may be established by City under any of the following conditions: 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 contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Consultant to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in 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 contract. e. Obligation/Liability of Parties. Termination or modification of this contract 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 subsections a, b, c or d of this section, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination. Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers'compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract 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 shall not create any contractual relation between the assignee or subcontractor and City. 13. 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 it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 14. Insurance. Consultant shall at its own expense provide 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 Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000. $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable 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 30 days' written notice from the Consultant or its insurer(s)to the City. Contract for Personal Services, Revised 07/28/2010, Page 2 of 5 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 required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE ' PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS: 17. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract 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 contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further liability onsultant. Certification. Consults shat si n the certification attached hereto as Exhibit A and herein incorporated by reference. Consultant: City of Ashland 7) A By - - By 2.Gs, 17 <(2(Z�— Signa re Department Head 4 42 71C/LAu )40[ 1017:A r d_vrd 'Prinf Name Print Name n Title Date W-9 One copy of a W-9 is to be submitted with ��Q �GJ the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/2812010, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, 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) Contractor is not subject to backup withholding because (1) 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. Contractor further represents and warrants to City.that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c)the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 4tractor - D- 2v ?i(Date) Contract for Personal Services,Revised 07282010,Page 4 of 5 EXHIBIT C: SCOPE STATEMENT PHASE 5 Ashland Police Department Relocation Scope Statement: Phase #5 July 20, 2012 _Architectural Design Services-Police Department Relocation City of Ashland,Oregon 1. Introduction: Provide professional design service for the remodel of the existing 6,400 square foot Police Facility at 1155 East Main Street,Ashland,Oregon.Objectives: • Remodel the Police Department with the least interruption to service. • Create a Dual Public+Police Facility for"Community Policing Image". • To the extent possible conformance with IACP standards. • Incorporate environmentally and sustainable building practices. • User satisfaction. Phases 1 through 4 Summaries: 2. Scope Description: It is understood that the project will be considered in three Phases. • Phase 1. Pre-Design (to include Programming and Project Budget confirmation). • Phase 1. Schematic Design, Design Development and Planning Approvals to include: Development of the approved schematic and updated Cost Budget • Phase 3. Construction Documentation: Preparation of detailed documents for construction of the remodel with Cost Budget update. • Phase 4. Bidding: Preparation of Bidding Documents,Services during Bidding to include answering questions and preparing Addenda, conduct pre-bid conference,Assist Owner with taking and evaluation of bids. ITEMS PROVIDED BY OWNER: PREQUALIFICATION OF CONTRACTORS,ADVERTISEMENT FORBIDS, OWNER CONTRACTOR AGREEMENT, BID AND MATERIAL/LABOR BONDS(these items to be included in the Bidding Documents at time of Bidding). A "Letter of Intent to Award"and a "Notice to Proceed"documents ore by Owner. PHASE 5 SUMMARY: • Phase 5 Construction Administration: Provide Construction Administration services for the construction of the project to include but not limited to: Assist Owner with review of bids and selection of a contractor,review submittals and shop drawings, respond to Requests for Information(RFI's),attend weekly meetings,monitor and advise relative to project schedule maintenance by Contractor,conduct reviews to determine project progress,advise and inform Owner of project progress and issues, provide Development Drawings as required,provide for project Changes In The Work, review and approve,review and forward Change Requests and Pay Requests,provide for project closeout. Straus&Seibert Ashland Police Relocation(R 7-17-12) Page 1 Ashland Police Department Relocation 3. Boundaries: Work not included: Tasks not delineated in the RFP Phase 1 work. 4. Deliverables: Phase 1: • Final Scope of Services • Provide Programming Document for project that meets the needs of the Police Dept. • Prepare Pre-Design Drawings for approval • Provide Pre-Design Cost Budget • Make presentations as required Phase 2: • Attendance at a pre-application meeting with City of Ashland Planning Department and prepare paradigm for planning approval of building remodel. • Finalize Program and agree on Pre-Design Plan. • Provide Schematic Designs for approval. • Provide Schematic Cost Budget Up-Date. • Complete Design Development Documentation. • Provide Design Development Cost Budget Up-Date. • Project Administration with Reviewing Agencies, Owner and Consultants. • Preliminary Specifications. Phase 3: • Preparation of drawings for the building construction. • Specifications for the building construction. • Final Construction Budget up-date. • Bidding documents • Bidding assistance to contractors and Owner Phase 4: • Assistance to Owner with Bidding questions • Preparation of Addenda • Assistance to Owner with Contractor Selection Phase 5: \ • Conduct Preconstruction Meeting • Review Submittals • Prepare Development Documents • Review Changes to the Project • Answer"Requests for Information"(RFI's) • Prepare Administration documents • Review Pay Requests • Conduct Project Closeout Straus&Seibert Ashland Police Relocation(R 7-17-12( Page 2 Ashland Police Department Relocation S. Acceptance Criteria: • Conduct periodic reviews of in-progress and completed work with stakeholders • Receive signed acceptance by owner of project reviews • Conduct debriefs with stakeholders • Request acceptance Project,of Requirements and project construction 6. Constraints: • Remodel of an existing building • Budget limitations • Community Development Dept.Chapter 18 7. Assumptions: Assumptions the stakeholders accept as a basis under which the Project Team will operate are: • Political considerations will not be a part of this project development • The Project advancement beyond Phase 1 will be determined by funds available • Deviation from the Work Plan will constitute a change in scope • Program development will be by the Design Team with Stakeholder input • All building remodel will occur within the confines of the existing structure 8. Initial Organization: The Design Team headed by a Project Manager(PM) will administer this project. Design Team members will report to the PM who will report to the head of the City Development Team (CDT). The PM and CDT will establish the project development procedures. 9. Initial Defined Risks: • Maintain project development within the existing site. • Guard against Scope Creep • Discuss at first meeting for mutual agreement of Defined Risks. 10. Schedule Milestones: Project Schedule for completion based on bid results 11. Fund Limitation: Total Proiect Budget,$1,453,445.00,plus aooroved A&E and City required additions 12. Project Criteria: As established by the City before and during initial meetings. 13. Approval Requirements: • Determine the approval procedures • Determine who will make the approvals • Constitute the approval forms Straus&Seibert Ashland Police Relocation(R 7-17-12) Page 3 EXHIBIT D: FEE SCHEDULE ARCHITECTS,E TS, L T ARCHITECTS, LLP July 20, 2012 Scott Fleury City of Ashland 20 East Main Street Ashland, OR 97520 Regarding: Revised Scope Statement Phase 5 Scott, Following proposal is for Construction Administration, Phase 5 for the Ashland Police Facility Remodel. Construction Administration $30,449.00 As previously agreed the following fees are to be added to the project at this time: 1. Seismic Design $14,000.00 2. Special Inspection Services $2,900:00 3. Civil Engineering (determined to be needed After Planning Commission action. $2,600.00 4. Additional Landscape design effort as Result of Planning Commission action $2,107.00 Best eg r,ds, D y'd :'' CARB artner t 1175 E. Main 51.,Suite ZE MEDFORD,OREGON 97500 P.541-M41343 F.541-T 3091 were0usarchitects.com - • �� OP ID:SAW CERTIFICATE OF LIABILITY INSURANCE DATE9/27//YYYY) 09/27/11 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 endoreemen s . PRODUCER CONTACT 541-773-5358 NAME: Sheryl Wins Protectors Insurance,LLC PHONE FAX Pilot Rock Ins Agency LLC(CA) 541-772-1906 UAIC Ne,E,n;541-773-5338 A/C.Hoc 541-772-1906 PO Box 4669 E41AIL $; prains.COm Medford,OR 97501 ADDRESS:sherylw@protectorsins.com 1 Dennis C.Flenner cl19r41ARio a: WSURE S AFFORDING COVERAGE "Co INSURED Straus&Seibert Architects INSURERA:Transportation Insurance Co. LLP INSURERe:CNA Continental Casualty Co 1175 E.Main St Ste 2E INSURER C: Medford,OR 97504 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 POLICY NUMBER MPOLICY IYYYY MMMIIDCY UP UMRS LTR GENERAL LUBILITY EACH OCCURRENCE $ 1,000,00 • X COMMERCIALGENERALLIABILILY X 64024216240 10/21/11 10121112 PREMILES ESi�orAVnenm $ 1,000,00 CLAIMS-MADE LX OCCUR MED EXP(Any ono person) $ 10,00 • X Hired Auto _ 64024216240 10/21111 10/21/12 PERSONAL S ADD INJURY $ 1,000,00 • X Non owned Auto_ _ _ 64024216240 10121111 10121112 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-CDMP/OP AGO $ 2,000,00 7 POLICY 17 PRO- LOC Auto $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea awiEaN) ANY AUTO BODILY INJURY(P.person) $ ALLOWNEDAUTOS BODILY INJURY(Per mxld t) $ SCHEDULEDAUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per egident) NON OWNED AUTOS $ S UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DEDUCTIBLE__.-._ ... __— —_ RETENTION $ $ WORKERS COMPENSATION WC STATLL O R AND EMPLOYERS'LeLBII-HY YIN TORY LIMITS ANY PROPRIETORIPARTNER/EXECUTNE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? � NIA Nfi M ryIn NH) E.L.DISEASE-EA EMPLOYEE $ K-S,describe under DESCRIPTION OF OPERATIONS belme E.L.DISEASE-POLICY LIMIT $ B Professional Llab AEHOO4313752 08/22/11 08122112 Aggrag OccZffie nce 1,000,0 2,000,0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Aaach ACORD 101,Additional Remerb Schedule.If more space Is requlred) City of Ashland Oregon and It s elected officials,officers and employees as additional insured s per SB-3000176-B CERTIFICATE HOLDER CANCELLATION CITYAS2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E Main Str ACCORDANCE WITH THE POLICY PROVISIONS. Ashland,OR 97520 AUTHORIZED REPRESENTATIVE W� ®1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD CITY OF ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES CONTINUATION OF WORK EXEMPTION To: Dave Kanner, Public Contracting Officer From: Terry Holderness Date: 713012012 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120 (A)(3)-continuation of work exemption for personal services contracts greater than $5,000, but less than $100,000, the Department Head is providing findings that use of the original contractor will significantly reduce the costs of, or the risks associated with, the work and the consultant was initially selected using the formal selection process. Background In 2010 the Public Safety Bond Committee appointed by the Council found that the existing Police Department needed to be expanded or replaced and found that the most cost effective way to meet the space needs of the Police Department would be to remodel the Grove for use as a police facility. The Council accepted and adopted the Public Safety Bond Committee's recommendations during a council meeting on May 18, 2010. The funding for architectural services for the project was approved by the Council as part of the CIP budget. Request for Proposals Staff developed a Request for Proposal for architectural services. These services included, design development, detailed construction documentation and cost estimates for the proposed remodel of the Grove into a full service police station. All proposals were received by April 21, 2011 at 2pm. Eight architectural firms responded with formal proposals. An appraisal team consisting of Scott Fleury, Engineering Technician; Terry Holderness Police Chief and Corey Falls Deputy Police Chief completed their review and scoring of the proposals on April 25, 2011. Scoring was conducted individually by each team member with the scores totaled to determine the top ranked firm. The result of the scoring is shown below in table 1: Form#4-Department Head Determinations to Procure Personal Services, Page 1 of 2,7/30/2012 Table 1: CONSULTANT TOTAL RANK SCORE Straus& Seibert Architects LLC 264 1 HSR LLC 249 2 Architectural Design Works 237.5 3 Ogden Roemer Wilkerson 230 4 Mackenzie Group 229 5 Steele Associates LLC 218 6 Ambient Architecture LLC 208.5 7 Loren Berry Architect 207 8 Straus and Seibert were selected to perform the necessary design services as outlined in the RFP. They were awarded a 3 phase contract by the City Council at the 5/17/2011 Business Meeting for$94,020. During the initial phases they were asked to look at a 3000 and 5000 square foot addition to the existing police station as well as a complete remodel of the Grove Building. After the initial investigations they were tasked with developing required plans for a 3000 square foot addition to the existing police station. Straus and Siebert have now completed all required scope items for the original contract and the project was publicly bid. A construction contract will be awarded to Ausland Construction the lowest responsive bidder. The City intends to contract directly with Straus and Siebert to perform the construction administration for the police station remodel. By directly awarding a contract to Straus and Seibert for an amount not exceed 52,056.00 through the continuation of work exemption the City will save money both internally and externally. The elimination of the internal effort by City employees to draft and advertise an RFP for construction administration services will provide a cost savings. In addition, Straus and Seibert are the architects of record for the project and have inherent knowledge of the design and construction procedures that need to be followed during the remodel process. This knowledge will create a cost savings relative to the construction administration portion being bid publicly as another consultant would be required to do a review of all previously developed information in order to get up to speed on the project in addition to performing construction administration services. Form#4-Department Head Determinations to Procure Personal Services, Page 2 of 2,7/3012012 Page 1 / 1 CITY OF G1 1 1 RECO RDER ASHLAND DATE PO NUMBER 20 E MAIN ST. 8/7/2012 11085 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016096 SHIP TO: City of Ashland - Police Dept. STRAUS & SEIBERT ARCHITECTS 1155 E MAIN STREET 1175 E. MAIN STREET SUITE 2E ASHLAND, OR 97520 MEDFORD, OR.97504 FOB Point: Req.No.: Terms: Net Dept.: Req. Del.Date: contact: Terry Holderness-Scott Fleury Special Inst: - Confirming? No Quantity Unit. Description Unit Price Ext.Price Construction Administration for Police 52,056.00 Station Remodelinq Project No. 2010-20 Contract for Architectural Desiqn Services Beginninq date: 07131/2012 Completion date: 12/30/2013 Insurance required/On file Not to exceed $52,056.00 I SUBTOTAL 5205600 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 52,056.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number. Amount E 410.08.24.00.704200 E 201020.999 52 056.00 AUthorl signature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: I ec3 t 1L Required date for delivery: ,A� Vendor Name smj•a 'r� k S ECeE� ZGA I;W-S-S Address,City,State,Zip lt-4•S E. MAX" Sr mmoi=;o2o 02 42no1 Contact Name&Telephone Number pew,ip t;'a�5 54( -42103 Fax Number SOURCING METHOD In+Erlto ❑ Exempt from Competitive Bidding ❑ Emergency ED Reason for exemption:—z-56-I 1D A(s)❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Stale of Washington Intermediate Procurement ❑ Sale Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract $5,000 to$100,000 ❑ Written quote or proposal attached Agency ❑ (3)Written quotes attached ❑ Special Procurement Contract If PERSONAL SERVICES ❑ Form#9,Request for Approval Intergovemmental Agreement $5.000 to$75.000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than$35,000,by direct appointment Date approved by Council: Date original contract approved by Council: ❑ 3 Written proposals attached Valid until: Dale (Date) Description of SERVICES Total Cost F t _ �_er`t5'� '�Cr.i �t.�r.11N4Sl�Y°AIO�t 4=09— �ou.C� �jL71-�•1Z 0.� ('$Wl0(`�Llt�fp �r7hE-C-f � '._ u,�7&"�� r#'�, Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTALraCOSTw : ® Per attached quotelproposal Project Number ZotO --2m Account Number------------------- AccountNumber4(o -CS-TA-CO-7t)t2 0 Account Number___•__-__- 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature:' I Department Head Signature: f Xqual to or greyer than$5,000) Additional signatures I app Ica I�): Funds appropriated for current fiscal year. (0 / NO Finance Director-(Equaltoorgre erthan$5,000) Date Comments: �� by icisf �.� Form#3-Requisition 0