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HomeMy WebLinkAbout2009-244 PO - KAS & Associates r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER Page 1/1 [,7:J.7;;,'_ ~-.\.:IDA;-Y:Ef~*~t"r.x~ 12/4/2009 f~El;!P.0'jNl!JMBER~J,i~ 09339 VENDOR: 014842 KAS & ASSOCIATES INC 304 SOUTH HOLLY STREET MEDFORD, OR 97501 SHIP TO: Ashland Public Works J (541) 488-5587 51 WiNBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Oepl.: Contact: Jim Olson Confirming? No BfauantitYiYi rfJUilirel ~~~%lEt&:;~~~~$[i?t::~~'Wf.-:J;~~DescrfEitfon>><~~[if~,j~~?E;~~':f~:Yjg~~~~ ~jutiH1Tfric8'~ ~x~1!1 Preliminary and construction engineering services for the completion of the Jefferson Avenue extension project. Project 2005-10, Contract for Personal, Services, Beginning date: 11/18/2009, Completion date: 11/18/2010, Insurance certificates required/On file, Approved by City Council on November 17, 2009. 28,425,00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 28425.00 0.00 0.00 28,425.00 !tfN..:cCOUiiiINum~ M~JRfOjecHNumHere~l!fi1 ~2titifAffiouHttl~6~~~iiACc.ouritlNumber2~< ~^31!4eroiec~NumDe~~ ~",moUn~ E 260.08.12.00.70420! E 200510.100 28 425.00 . ~ ,;{. AU~Sig:a~f'/~ VENDOR COPY I FORM #10 I CONTRACT APPROVAL REQUEST FORM CITY OF ASHLAND Description of GOODS & SERVICES or PERSONAL SERVICES Contractor/Consultant: ~.?t-9~' ,4 <f tJt!...-c a-5t'G<-3 ~':7c' (!) ig g / ~er attached contract PUBLIC CONTRACTING D Exemot from Comoetitive Biddina Reason for exemption: QUIREMENTS Solicita ion Process D Invitation to Bid (Copies on file) D Emeraencv D Written findings attached D Quote or Proposal attached Coooerative Procurement D State of Oregon Contract # D State of Washington Contract # D Other government agency contract Agency Contract # D Interagency Contract Agency Contract # Total Amount D Small Procurement & Personal Services Less than $5.000 Note: Total contract amount, including any amendments may not exceed $6,000 D Reauest for Prooosal (Copies on file) Please check one: D Goods & Services D Personal Services Intermediate Procurement GOODS & SERVICES $5.000 to $75.000 D 3 Written Quotes PERSONAL SERVICES $5,000 to $50,000 D (3) Written Proposals D Sole Source D Written findings attached D Quote or Proposal attached ecial Procurement lir .l^Iritten findings attached i::J Quote or Proposal attached Have all public contracting requirements been satisfied? .---- YES NO /,/.- /'7- d-1 If "NO", Council approval is required. Council approval received on (Date) Have funds been budgeted for the purpose of this contract? YES NO If "NO', Council approval is required, Council approval received on Please provide: 'Account NumbeC.0" .!- t!~ - ~ - ~ ~ ~ C!. Y! ~ (Date) Is the amount of the contract less than $25,OOO? YES NO ~ If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on ,//.. /7" ~;1'oate) Is the amount of the contract less than $75,000 for Goods & Services or $50,000 for Personal Services? YES ~ NO If "NO', Council approval is required, Council approval received on (Date) Is the contract for a period of 24-months or less? YES v-/ NO If "NO', Council approval is required, Council approval received on' Please provide terms: ' Start date: // - 1', (p-;7.!t:Y1 Can the contract be terminated for convenience thirty (30) or fewer days following delivery of written notice to the contractor? Completion date: (Date) //.- /8 ,- 7-/J/c:? YES V--' NO If "NO', CounciLappro liS requi~JCouncil approval received on &.l::/ Please~r~ Prepared by: - ~ ~ / Not Approved Department: ~ 'l- e tt d. Af21:L-~ ~ ~ Lee Tuneberg , Date: /;:2 .. t11.-?JtJ Date: /Z;--~hl (Date) Form #10 - Contract Approval Request Form, Page 1 of 1, 1, CITY Of ASHLAND REQillSITION No. PW - FY 2010 Department' PUBLIC WORKS Vendor KAS & Associa1es, Inc. 237 SE 'J' Street Oran1s Pass, OR 97526 Account No. 260.08.12.00.704200 Date November 25, 2009 Requested Delivery Date Deliver To Via ASAP 1000/0 (* Note; Please allow approximately two(2) weeks fOf delivery on items not generally caried in stored, and approximately two (2) months on printing jobs.) Item No. Quantity Unit Description Use of Purchasing Office Only Unit Price Total Price PO No. Provide preliminary and construction engineering services for the completion of the Jefferson Ave. Extensio nproject $ 28,425.00 for Kari: BID IRFP /EXEMPT: Exempt Contrac1 Start Date: I 1/18/2009 , Contrac1 Comple1ion Date: 11/18/2010 Insurance on file: IYES INO Project No: 2005-10 Approved bv Council 1 1/17/09 Job No. Unit No. I hereby certifY that the above items are necessaJy for the operation of this department and are budgeted ~ 'Q.:-k Department Head or Authorized Person Issued By Dale Received By ~~, G:lpub'wrkslengldept-adminIENGINEERIPROJECT\2005105_1 0 KAS Requisition,xls CITY OF ASHLAND PROJECT ACCOUNTING WORKSHEET PROJECT NUMBER (YEAR XX) PROJECT TITLE PROJECT OESCRIPTION Department Project Manager Department Head BUDGET INFORMATION Identify fiscal year I potential splits Identify Funding Codes and Funding Code names DESIGN .100 Engineer Name PO COST Change Orders 1 2 3 4 CONSTRUCTION .120 contractor name PO budget estimate bid J contract total changes total CONSTRUCTION .120 contractor name PO budget estimate bid I contract total changes total PERMIT COSTS (Building Dopt) .170 budget estimate final costs 12005-10 IJefferSon Avenue Extension Construct an extension of Jefferson Avenue in conjunction with the Brammo Motor Sport Project Public Works Karl Johnson Mike FauQht 12009.10 260.08.12.00,704200 KAS & Assoc. Inc. Pending $ 28,425,00 Miscellaneous Costs: Daily Tidings Advertising Daily Journal of Commerce IIF.. .... G:Pub-wrks/engldept-admintengineer/projecUProj Acct Worksheet.xls '. i , CONTRACT FOR PERSONAL SERVICES CITY OF CONSULTANT: KAS & Associates, Inc. ASHLAND CONTACT: Gary Van Dyke, AE 20 East Main Street Ashland, Oregon 97520 ADDRESS: 237 SE 'J' Street #B, Grants Pass, OR 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-479-5801-ext. 302 DATE AGREEMENT PREPARED: 11/5/09 FAX: 541-479-5987 BEGINNING DATE: 11/18/09 COMPLETION DATE: 11/18/2010 COMPENSATION: Total not to exceed $28,425.00. The maximum fee for each service provided by Contractor shall be as follows: Surveying Services $20,000.00, Landscape Services $2,425.00, and Enaineerina Services $6,000.00. SERVICES TO BE PROVIDED: Complete all preliminary engineering and provide construction engineering services in the development, bidding and construction of the Jefferson Avenue Extension Project No. 2005-10 as further outlined in the "Understanding of the Project," "The Scope of Services," "Project Deliverables," and "Additional Services Not Included or Provided by Others" sections of the unexecuted Personal Services Contract submitted by KAS & Associates, INC., dated October 21, 2009, and attached as Exhibit C and incoroorated herein bv this reference. ADDITIONAL TERMS: The City is not responsible for payment of any services rendered by Consultant or Consultant's subcontractors orior to the date this contract is executed. 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 I 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. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. 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. Consultant shall have no liability for any claims, suits, actions, judgments, losses, costs, expenses or damages resultina from Citv's reuse or misuse of Consultant's work Droducts on other Droiects or in connection with makino C:IDOCUME-1IolsonjILOCALS-1\TempIXPgrpwiseI05-10 KAS & Assoc, Contract 11 09. mktedit.doc 1of6 . " additions to the Project if Consultant is not retained in connection therewith. 7, Statutory Requirements: When applicable ORS 279B.220, 279 B.225, 279B.230, 279B.235, ORS Chapter 244, ORS 670.600, 279C.505, 279C.515, 279C.520 and 279C,530 are made part of this contract as though these provisions were set forth in full herein. 8. Living Wage Requirements: If the amount of this contract is $18,088 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: Consuitant 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 to the extent the harm caused arises out of or is 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 pther 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, Citv'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. 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; il. 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 iil. If any license or certificate required by iaw 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, il. 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. iil. 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. Obliaation/Liabilitv 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, cor 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. Assinnment and Subcontracts: Consultant shall not assinn this contract or subcontract anv portion of the work C:\POCUME-1\olsonj\LOCALS-1\Temp\xPgrpwise\OS.10 KAS & Assoc, Contract 11 09. mktedit.doc 2of6 > without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void, The City hereby consents to Consultant subcontracting with Polaris Land Surveying, LLC, and Laurie Sager and Associates Landscape Architects, Inc., as designated in Exhibit C. 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. The City shall not be responsible for payment to any subcontractor under this Contract. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or defauit of any covenant, warranty, certification, or obligation it owes under the Contract; its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if consultant has qualified as a ORF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insoivency; 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 empioyers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv insurance with a combined single limit, or the equivaient, 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 Liabilitv 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 Liabilitv 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 chanqe. 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. f. Additionai Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on its general liability and automobile insurance policies required herein with respect to Consultant's services to be provided under this Contract. 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 andlor 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 HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currentlv available and C:\DOCUME-llolsonjILOCALS-1ITempIXPgrpwiseI05.10 KAS & Assoc. Contract 11 09 - mktedit.doc 3of6 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 to Consultant. Certificatio . Consultant s CON NT n the certification attached hereto as Exhibit A and herein incor orated b reference, CITY OF ASHLAND: BY TITLE J,<\..:)' n ture Print Name \VfU':)~ ~(p I.)~ DATE -u-- 'U/- ~~ FederallD# q,? L\&V t \7 'Completed W9 form must be submitted with contract ~ BY FINANC IRECTOR DATE /Z- CONTRACT AWARD AND FINDINGS DETERMINED BY: By: City Department Head Approved as to form by Legal: ACCOUNT # :?-6,1' t? tJ (;;L, tJo -:7 C? (For CitY. purposes only) PURCHASE ORDER # tJ2~1 g .g Jj C:IDOCUME-llolsonjILOCALS-1ITempIXPgrpwiseI05-10 KAS & Assoc, Contract 1109 - mktedit.doc 40f6 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 (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. 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: --*- t T '~ (1) I 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. JJ1 \~a It ~ I'UJ ,- Uo7 (Date) C:\DOCUME-1\olsonj\LOCALS-1\TempIXPgrpwise\05.10 KAS & Assoc. Contract 11 09 - mktedit.doc 5016 EXHIBIT C CIVIL . Medlonf, OR 97S01 J04S.HoIl,_ T.I:~l)m.5801 F." (541)6fe.nal kaltllllirc.cOll G_P....OR9'/~1 ms.E.'Hn:0I,SuIto8 Tel: (541) 47g.6Kl1 Ft~ (64f)4 r-.uel 1asIk....,.... llTRUCTlJIU.L . PLANNlNO PROFESSIONAL SERVICES CONTRACT Data: October 21,2009 CII.nt I nformation: Jim Olson Departmen1 Of Public Works 20 East Main Street (mail) 51 Winburn Way(delivery) Ashland Or 97520 541/488-5587 (voice) 541/488-6006 (fax) ProJ.ct Nam.: Jefferson A venue Extension ProJ.ct Location: Tax Lot 1104, Map Number 39 IE 14 AC Und.ntanding of tho ProJ.ct: For the purpose of this proposal, Jefferson A venue Extension is an engineering design project that has been partially complet ed by another party. The City of Ashland wishes to see the project design completed and brought to construction. This scope of this proposal is for the completion of engineering design, and miscellaneous bidding and construction services including construction surveying and preparation of as-built drawings. The understanding of this project is based upon partially completed drawings prepared by KAS & Associat es the most current date being 8-17- 2009 togelher with drawing changes requested by engineering staff at a City design review meeting on 8-18-2009. The changes requested included some driveway relocations or elimination, the addition of teiephone faciiities to the dry utility plan, the coordination with staff for the design of temporary irrigation facilities for street landscaping; provide maintenance access to stann drainage detention facility and minor sewer lateral revisions. Tho Scopa ofSorvico.: Unless specifically said to be provided in the following Scope of Services, AI.!. . other services are excluded. . Complete engineering and landscape drawings with changes described above (see attached proposal and scope by Laurie Sager & Associates, dated Octo ber 15, 2009 for specific landscape design services) . Complete specifications revisions including conversion to the 2008 ODOT/APWA standards . Revise and bring up to date all bid documents including bid forms and schedules . Revise and bring up to date the engineer's construction cost estimate . Assist city staff in the bid process (this task assumes attending one pre-bid meeting and being available to answer questions during the bid process) City stafTwill be responsible for contractor selection and award, construction contract negotiation and administratio n including pay estimate evaluation and approval. . Perform construction survey staking and centerline monumentation (see attached proposal and scope description by Polaris Land Surveying, LLC, dated October 20,2009) . A ttend up to 5 c<?nstruction observations trips and prepare reports KAS& A~~O(;lUte';j, Inc. Et. . I " " I CNlL . STRIICTURAL . PLAKNlNO Moolbll. O~ i7~ :IOu. H_ly_ T.t.<S41)m'SICIT r.., (5olt)61"l3llt k.loCllalinc.- G_P_,ORi712ll 1371!.E. '1 at.., aile B Tot,(6ol1)4T~6lIl1 I'o~ (l\4f)~N-oga7 "'........""" . Assist city staffwith project c1ose-out, including final inspection and preparation ufas-built drawings based on information provided by the contractor and surveyor. Project D.llv9rables: . One signed, reproducible copy of the construction plans . One digital copy of the project specifications . Copy of Map of survey to document as-builts and centerline monumentation. Original to be filed with County surveyor. Additional Servicee Not I ncluded or Provided by Othen: Postage, mileage and reprographic expenses Governmental and sub-consultant fees Federal agency approval processing Coordinarlon with approval agencies and atlendance at meetings -time is variable depending on approval agency' ' Contract, bidding services and construction administration (Except 'as noted above) Construction observations (Except as noted above) Wetland inventory, mitigation or other biological services Topographic, Boundary or Construction Surveying (Except as noted above) Soils investigations, geotechnical recommendations or testing KAS & Associates, Inc. Engineering Services . Civil . Structural' Planning Standard Fee Schedule Municipal Clients Effective 0 I/O 1/2009 - 12/31/20 I 0 Structural- P.E. Principal Project Manager Project Engineer - Designer $125.00/hr. $105.00/hr. $ 95.00/hr. Civil- P.E. Principal Project Manager Project Engineer - Designer $115.00/hr. $ 95.00/hr. $ 85.00/hr. Technician $ 65.00/hr. Drafting Technician $ 55.00/hr. Construction Inspection - Technician $ 50.00/hr. Office Technician! Administrative Assistant $ 45.00/hr. Additional Fees (Using Curren1 Rates, Addi1ional Fees may be added to your invoice as needed for your project) Subcontractors (Direc1 expense plus 5% Administra1ive Fee) Permits and Fees (Direct expense plus 5% Administrative Fee) Mileage (Mileage Rate is eS1ablished by the Federal Govemmen1) Reimbursable Expenses (Direct expense) LAND SURVEYING, LLC .. ""1 . ,,"to' .... .'. .JJ'~,-"..~.,i..:Ve'l;:;<'~::~"'j~.;""':'-j,.',,~~ .' - -...;--~,..;t'~! li;"~-:i,...~",..t"'''.i;~:'.I.';l"",,'$''';..i~'''''-... ':""'\-)~~a"" _..,:.;.:(~..>',.......':rt;l... ~.::1-'h'':', ;'I':"<,"",~ Octol>er 20, 2009 KAS & A550ciate5, Inc. 237 S.E. "J" Strut, Suite B Grants Pass, Oregon 97526 Attn: Re: Gary Van Dyke P.E. Survey Prop05all Jeffereon Avenue Extension Assesoor's Map No. 391E 14 AC Dear Gary, Per your r",\uest, the followin9 is a proposal to perfonn Construction Survey Stakin9 & Strut Centerline Monumentation of the al>ove referenced street extension for the City of Ashland per phone conven;atlon5 with you and Jim Olson, City Surveyor. regardin9 ,this project. Jim said that he would include the survey;n9 r",\uirement into the contract with KAS, rather than a contractor I>id item. SCOPE OF SERVICES: . Perfonn pre-computations for construction stakin9 of an approximately 600 foot lon9 street 5eCtion I>ased on the approved civil dt:5i9n I:>y KAS. . Field survey to recover survey control previously estal>lished I:>y this office in the perfonnance of Survey No. 20369 to 1>1' utilized for thla project and to estal>liah additional project survey control aa necea5ary. . Field survey and offaet atakln9 aa neceaaary for road corin9, er05ion control. wetland miti9ation, 6tream cro66in9 win~wall6 and culvert placement. utility structurt:5, 6ul>~rade for strut and 5idewalk5 and final curl> 6takin~, . Office calculation", analysl" and computation" of field "urvey "takin~ data nect:5sary for quality control and "aa-I>uilt" record infonnation a'nd preparation of a Map of Survey to confonn with OKS. 209.250. . Field "urvey to e"tal>lish strut centerline monumenta to I>e fumished I:>y the City of Ashland Pul>lic WOrt5 Department. fEES: Fee" will I>e paid on a Time and Materials Basis accordin9 to the attached hourly rate !SChedule enclo5ed a5 Exhil>it A. which is valid until D=I>er 31. 2010. The t:5timated P. O. Box 459. Ash/and. Ort:9"n 97520 Piland; (541) -182.5009 F'J~; (54f) 488-0797 Mopill': (541) 601-5000 lVWW pO/:JriS6trl'V':Y G(>m Gary Van Dyke October 20. 2009 Page 2 coet to perform the eurveying eervicee ae outlined in the Scope of Servicoo above ie ae followe: A range between Sixteen Thoueand Dollar6 and Twenty Thoueand Dollar6 ($16.000.00- $20.000.00). Polarie Land Surveying LLC will endeavor to kup the actual coet of the worl: ae low ae may be coneietent with the purpoee of the project and with proper worl:manehip and materia Ie. All additionai worl: that ie out6ide the 6Cope of eervicee ae d/l6Cribed ehall aleo be paid for at the hourly rate echedule enclO6ed ae Exhibit A. Any fue required by the City of Aehland or other 'luaei-governmental agenciee are not included in the eurveying coote outlined above and ehall be the reeponeibility of the owner. Ae compeneation for eervicee rendered. an Invoice will be eent on the fir6t day of each month. or at the conclueion of the project. ehowing the hour6 and rattle of the varioue claeeificatlone of pt:r6onnel worl:lng on the project. Payment of the Invoice amount muet be made within 20 day,; of the invoice date. Late paymente may be eubject to a eervice charge of 1.5"4 per month of the unpaid balance. at the di6Cretion of Polarie Land Surveying LLC. In the event euit or action ie infitituted to enforce thie agreement or any terme hereof. or in the event of an appeal from euit. action or proceeding. the prevailing party ehall be entitled to euch eume ae the court may adjudge reaeonable ae attorney'e fue in euch euit. action or appeal. If you have any 'lueetione or I can be of any other aeeletance. pleaee don't hooitate to call. YOUr6 truly. 51--i~-. Shawn Kampmann Prafeeeional Land Surveyor ,Encloeure: Surveying Fu Schedule S:\eurveye\3SS-06\KAS-Jofferoon Ave eurvey propoeal.doc AUIHORllA nON Approved By Date LAND SUR.VEYING, LLC ~~;....~~;':~'~,-f~'-~~:....lWJ "/ ;.;oJ>':. ",- ,:.- '~-;;~>-J~{"')-'~~-JL>~!-""\"~;:-'i:~:,.,,-;;.,,,.....;,...-':'l~~~Sf~';..n::;j~-';f.i'~,~~1u.t... EXHIBIT. A" POLARIS LAND SURVEYING LLC FEE SCHEDULE (EFFECTIVE JANUARY 1, 2009) PRINCIPAL LAND SURVEYOR................................$100'OO I hour PROFESSIONAL LAND SURVEYOR..........................$ 90.00 I hour SENIOR SURVEY TECHNICIAN ............................... $ 80.001 hour SURVEY TECHNICIAN ........................................ $ 75.00 I hour DRAFTING TECHNICIAN ..................................... $ 75.00 I hour SURVEY FIELD CREW (STANDARD) ....................... $135.00 I hour SURVEY fiELD CREW (wI GPS ) ............................ $165.00 I hour DOCUMENT PROCESSiNG.................................... $ 60.00 I hour MILEAGE (out of town proJect6)............................ $ 0.551 mil. OUT-Of-POCKET EXPENSES .................................ACTUAL COST p, G, BOK 459, A~hl.frld. Or(1<Jon 97520 PhDfltf; (541) .;82-5009 f'iJ.><: (541) 488-0797 Mobile; (541) 60!-5000 II-WW.po//1rIG:>ur\'t:.v.c(lm i] LAURIE SAGER ANI) ASSOCIAtES LANDSCAPE AllCHITECTS INC. 700 MISTlETOE ROAD, Sum 201 ASHLAND. ORfGON 97520 October 15, 2009 Project: Jefferson Avenue - Ashland Submitted to: Gory Van Dyke KAS & Associates, Inc. 237 S,E 'j' Street, #B Gronts Pass, OR 97526 Praposol for londscape Architecture Services ScoDe of Work: . Assist KAS with specification revisions ............. .... . .............................. ................ 6 hours . Prepore final landscape drawings as required. ......., 8 hours . Attend 6 City and bid meetings ............... ............................................................... 9 hours . Provide bid and construction phose observation .................. ............. 12 hours Estimated Hours: ......... ......,...........,...............,.........,....... ....................,.......................... 35 hours TOTAL ESTIMATED FEES ..................................................................................... $ 2,425.00 Hour/v Rates: Principal Landscape Architect............... ............. ........ ............................. .......... $8500 Draftsperson ......................................................................................................... $6500 ir Drafter................................................................................................................ $4500 * Client sholl be billed ot the hourly rates obove. Plots ond other reimbursoble expenses sholl be billed ot cost plus 10%. This proposol ossumes thot ony work done by outside consultonts (engineers, surveyors,landscope contractors, etc.) sholl be contracted directly with the Client. Poyment schedule Billing will occur as the work progresses on the first day of each month. Client's Responsibilities 'A. Client ogrees to provide Landscope Architect with 011 bose information. surveys, reports, ond professional recommendotions ond ony other related items requested by landscope Architect in order to provide its professionol services. londscope Architect moy rely on the occuracy ond completeness of these items, B. Client ogrees to odvise londscope Architecl of ony known or suspected contominonts 01 the Project site, Client sholl be solely responsible for 011 subsurfoce soil conditions, P 5414881446 F 5414880636 C. Client will obloin ond poy for 011 necessary permits from outhorities with jurisdiction over the Projecl. D, Client ogrees to render decisions in 0 timely monner so as natta deloy the orderly and sequentiol progress of Londscape Architect's services, T erminotion A. Either Client or Londscope Architect moy terminate this Agreement upan seven doys written notice. 8, If terminated, Client ogrees to poy landscape Architect for all 80sic ond Additianol Services rendered ond Reimbursoble Expenses incurred up ta the dote of termination, C. Upon not less thon seven doys' wrirten notice, Londscape Architect may suspend the performonce of its services if Client foils to poy Londscope Architect in full for services rendered or expenses incurred, Londscope Architect shall have no liability becouse of such suspension of services or termination due to Client'~ nonpayment. Dispute Resolution Client ond Londscope Architect agree to mediate c10ims or disputes arising out of or reloting to this Agreement befare initiating litigotion. The mediotion shall be conducted by 0 mediotion service occeptable to the parties. A party shall moke a demand far mediation within 0 reosonoble lime o~er 0 c10im or dispute arises, ond the parties ogree to mediote in good foith. In no evenl sholl any demond for mediotion be mode o~er such c10im or dispute would be barred by opplicoble low, Mediotion fees sholl be shared equally. Article 8 Miscelloneous Provisions A. This Agreement is governed by the law of Londscope Architect's principol ploce af business. 8, This Agreement is the entire and integroted ogreement between Client ond Londscape Architect and supersedes all prior negotiations, statements or agreements, either written or orol. The porties moy omend this Agreement only by 0 written instrument signed by both Client ond Landscope Architect. C. In the event thot ony term or provision of this Agreement is found to be unenforceoble or involid for any reason, the rernoinder of this Agreement shall continue in full force and effect, ond the parties ogree thot any unenforceoble or involid term ar provision sholl be ornended to the minimum extent required to make such term or provision enforceable ond valid, D, Neither Client nor Londscope Architect sholl ossign this Agreement without the written consent of the other. E, Irrespective of ony other term in this Agreement, Londscope Architect shall not control or be responsible for construction meons, methods, techniques, schedules, sequences or procedures; or far construction sofety or any other reloted programs; or for onother porties' errors or omissions or far onother porties' foilure to complete their work or services in occordonce with Londscope Architect's documents, 2 F, Client agrees to indemnify, defend and hold Londscope Architect harmless from ond ogainst ony ond 011 c1oims, liobilities, suits, demands, losses, costs ond expenses, including, but not limited to, reosonoble ottorneys' fees and olllegol expenses ond fees incurred thraugh oppeol, and all interest thereon. occruing or resulting to ony ond all persons, firms or any other legol entities on occount of ony damages or losses to property or persons, including injuries ar deoth. ar economic losses. arising out of the Proiect and/or this Agreement. except thotthe Londscape Architect sholl not be entitled to be indemnified to the extent such domoges or losses are found by 0 court or forum of competent jurisdiction to be co used by Landscope Architect's negligent errors or omissions, G, Should any legol proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee pravisions, the prevoiling party in such proceeding shall be entitled, in addition to such other relief as moy be gronted, to 0 reasonoble sum for ottorneys' and expert witnesses' fees, which sholl be determined by the court or forum in such a proceeding or in 0 separote action brought for that purpose. For purposes of this provision, "prevailing porty' shall include 0 party that dismisses an oction for recovery hereunder in exchonge for poyment of the sum allegedly due, performonce of covenonts ollegedly breoched, or considerotion substontially equal to the relief sought in the oction or proceeding. H. Client ond Londscope Architect woive consequential domoges for ony c1oims, disputes or other motters in question arising out of or relating to this Agreement. Londscope Architect's waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequentiol damages ogainst Londscape Architect for c1oims, disputes or other motters in question arising out of or relating to the Proiect. I. To the extent domoges are covered by property insurance during construction, Client ond Londscape Architect woive 011 rights agoinst eoch other and against the contractors, consultonts, agents ond employees of the other for such do mages, Client or Landscape Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similor waivers in favor of the other parties described in this paragraph. J Nothing in this Agreement shall create a contractual relotionship for the benefit of any third party, K, If this Agreement is not signed and returned to Londscape Architect within 15 days, the offer to perform the described services may, in Landscape Architect's sole discretion. be withdrawn and be null and void, LANDSCAPE ARCHITECT Lourie Soger Doted: October 15,2009 License No. 527 Oregon Renewol Dote: Februory 28, 2009 CLIENT Title Doted 3 45\ 097 - KAS & ASSOCIATES INC - Certificate of Insurance bllps:/ /saifonl ine.sai fcomlCertificales/certForm.aspx OREGON WORKERS' COMPENSATION CERTIFICATE OF INSURANCE ;;m,~~Ji! MAIL TO: CERTIFICATE HOLOER: CITY OF ASHLAND 20 EAST MAIN ST. ASHLAND, OR 97520 CITY OF ASHLAND 20 EAST MAIN ST. ASHLAND, OR 97S20 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POUCY NO. POUCY PERIOD ISSUE DATE 451097 10/01/2009 TO 10/01/2010 11/18/2009 INSURED: KAS & ASSOCIATES INC 304 S HOLLY ST MEDFORD, OR 97S01-31S3 BROKER OF RECORD: LIMITS OF LIABILITY: Bodily Injury by Accident $SOO,OOOeach accident Bodily Injury by Disease $SOO,OOOeach employee Bodily Injury by Disease $SOO,OOOpolicy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: Jefferson Avenue Extension Project No. 200S-10 IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE PJr?}>- Jr R.q4.iJ-- ..... President and CEO @ SAIF CORPORATION I 400 High St SE I Salem, OR 97312 I P: 800.285.8525 I www.sail.com lofl 11/18/2009 1 :33 PM 04/09/2015 06:15 FAX @001 ~ ACORd CERTIFICATE OF LIABILITY INSURANCE I OA'TE.{MM/DDI'fYYY} ~ 11/18/2009 PROOUCER THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION Garrett R. Hall ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 507 5 Front St. Ste. 2 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Central Point, OR 97502 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ~ '......., INSURERS AFFORDING COVERAGE NAIC# . ..eo_ .. .. ",""REO I~.SURER A: Sme P;arm FIn! and ~~Ily-=-ompany 2.$143 KAS & ASSOCIATES INe INSURER 13: 304 S HOU. Y ST .. I/'.ISUFleAC' MEDFORD OR 97501.3153 mo... INSURER D: .... INSURER E: COVERAGES THE PDUOES OF INSURANCe. t.1$TED BelOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOve FOR THE POlley PERIOD JNDICATeO. N01'NllHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON'l'RACT OR OTHER DOCUMENI WITH RESPECT TO WHICH THIS ceRTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY It'jc POUCIES DESCRIBED HEReiN 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE UMIT$ SHO'^"" MAY HAVE BEEN REDUCED BY PAlO CLAIMS. ..- IN~~~~ .. 62~~g=1 ~crM~~ l. TR INSR TYPE OF ll\lSU~NCE POLICY r.lUr.lBeR UMITS ~EAALUA.8lUTY 97-46<l~.9 F 0312312009 0312312010 EACH OCCURRENCE , 1,000,000 ~~J~~ENTEO - ~~MERCI,I,/.. GENERAL. UABlllTY ~!SE:?~Boccumlncel , 300.000 f-t-I """.5....D< [R] occuo ...1;0 8(p (1u'rJ Or'l& I*BOf~.t_ , 5.000 ~~~$f'J)\IINJURY I. 1.000.000 :::J_ GENERAl AGGAEGATE . 2.000.000 GBI'lAGGREGATE UMIT APPlSIPeR; PRClOUCTS . COM p,op AGG . Xl POlICY n j:g laC -.,. . ~'I'OMO!lLE UAflruTY nJo COMalNl;io SINGUi. L.lMIT . ANY AUTO (Ellet;:ddant) - .. - All OWNEO AlfTOS aOoll;" lNJUR"l' . - SCHEDUlED AUTOS (PerJl~) ,- .'- HIRED AUTOS 8ODllYIN..URY I NO~DAUTOS (f'wQ~1 . =1 J PROPERTY DM'lAI3E .. ..- ---. . I ,,,.,,"""'" ~"GE lIABll.1TV nI. A,~O ONLY. EA ACClDE.NT . .A.NYAUTO O'l"l-l~THAN EA ACC . - AUTO ONLY: Am . EXCESS I U"'e~eJ.A. L,JABlUTY nl. I EACH ~~URRENCE . J OCCUR o CLAIMS MADE AGGREGATE. . . '=1 O;:DUCTIElLE: , .,.....- RETENTlON , , WORr<ERS COMPalSATlON AND I T0M'1t'.l~ I 1"101 EtlPLOY!!:RS' UA8I1JlY n/. nu. ..,- ANY PROPR'ETORIPARTNE~=C~D ~~,ACClDENT , OFFICeMol~eeR ~DED1 ~M~dr:OrylnNt1A e,l,. OlSEASE.. EA EMPLOYE . ~~~~I~~~" un llf ., E.L 0I5EA5e.. POLICY I.IMI'1 , on.... DESCRlPTlON OF OPEAATlONS J L.OCATlONS I VEHICL..J::S I ~USlONS AODEO BY ENDORSr;MENT I SPe:CIAl. PA:0\flSWNS CERTIFICATE HOLDER City of Ashland 20 E. Main St Ashland, OR 97520 CANCELLATION SI10ULD ANY OF THEASOVE DESCRIBEOl:l POI.JClES BE CANCELLED UeFORE nu;, EXPIRATlQN DATE THERE.OF, l1iE lSSUlNlJ INSUR~ Wll.l.. eNOEAvOR. TO MAll ~ DAYS WRITTeN N011CE TO THE CeRTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL.URE TO DO so SHALL IMPOSE NO OBUO"TlON OR l.lABlUTY OF AN'( KIt.lD UPON THE INSURER, ITS AGENTS OR REPRESENTA TlVES. A _SEmA PO RATION. All rigtlb ~rved_ 1001468 132849.3 04-06-2009 ACORD 2S (2009101) III 1988-2009 ACORD C Tn9 ACORD n~m8 and logo are registered marks of ACORD ~y CERTIFICATE OF LIABILITY INSURANCE I DAle (MMlDDIYYYY) OP 10 CU KASAS-l 11/18/09 PRODUCER ONLY AND CON~fd~ ~O RIGHTS UPO~ ~E CERTlFICA -ri:' IUI'l . Western states - The Dalles HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 101 E. Third St., PO Box 1940 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW The Dalles OR 97058 Phone: 541-296-2268 Fax:541-296-9427 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: i'ravel.erl! Insurance CalJpany 19038 INSURER B: KAS & Associates, Inc INSURER C' Scott Pringle 304 S Holly Street INSURER 0: Medford OR 97501 I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NQlWITHSTANDING Am 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, POUCY NUMBER J"R.fi!~~MIDD VE C~\fr,.iftC~~ LIMITS LTR NSR lYPE OF INSURANCE ~ERAL UABIUTY EACH OCCURRENCE I COMMERCIAL GENERAL lIABILITY PREMISES Ea occurenee1 I I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ PERSONAL & ArN INJURY $ c- f- GENERAL AGGREGATE $ rlN'L AGG~En ~R~ APPlS PER: PRODUCTS. COMPIOP AGG $ POlICY JEer LOC ~UTOMOBflE UABlUTY COMBINED SINGLE LIMIT $ AN'fAUTO (Eaacddenl) C- All OWNED AUTOS BOOIL Y INJURY c- $ SCHEDULED AUTOS (PerperMn) - - HIRED AUTOS BOOIL Y INJURY (P6foccldent) $ - NON-OWNED AUTOS - PROPERTY DAMAGE $ (Peraccldant) GARAGE UABlUTY AUTO ONLY - EA ACCIDENT $ ~ AN'( AUTO OTHER THAN EA Ace $ AUTO ONLY: AGG $ EXCESS 1 UMBREUA UABWTY EACH OCCURRENCE $ ::~rOCCUR 0 CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION ITORYLlMrrS I II...ER AND EMPLOYERS' UABIUTY V'N ANY PROPRlETORIPARTNERlEXEClfTlTI E.L EACH ACCIDENT $ OFFICERiMEMBER EXCLUDED? (MancllltorylnNH) E.L DISEASE - EA EMPLOYE $ ~~tl:'~~v1S?O~S below E.l. DISEASE - POliCY LIMIT $ OTHER A PROF LIABILITY QP03802672 01/21/09 01/21/10 EA eLM $500,000 ANN AGG $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES f EXCWSlONS ADDED BY ENDORSEMENT f SPECIAl PROVISIONS CERTIFICATE HOLDER CANCELLATION City of Ashland 20 East Main Street hland OR 97520 ACORD 25 (2009/01) SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DAlE THEREOF, "THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITIEN NOncE TO "THE CERTlACAlE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATlON OR LIABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATlVES. AUTHORIZED REPRESENTATIVE c 9 - 0 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / CITY OF ASHLAND Council Communication Award of Engineering Services for the Jefferson Ave. Extension (Brammo) Project (AMENDED November 16,2009) November 17,2009 Primary Staff Contact: Public Works E-Mail: Finance Secondary Contact: Martha Bennett Estimated Time: Meeting Date: Department: Secondary Dept.: Approval: James Olson 552-2412 olsoniiWashland.or. us Mike Faught Consent Agenda Question: Will the Council approve an engineering services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provide construction engineering services for the Jefferson A venue Extension (Brammo) project? Staff Recommendation: Staff recommends that the Council approve an engineering services contract with KAS & Associates, Inc. in the amount of $28,425 to complete the preliminary engineering and provide construction engineering services for the Jefferson A venue Extension (Brammo) project. Background: Executive Summary On February 7, 2007 a special public works fund of $900,000 was authorized through the Oregon Economic and Community Development Department (OECDD) to fund the construction of the extension of J efferson Avenue to provide services and access to the proposed Brammo Motorsport facility. The fund is a $500,000 loan and a $400,000 grant and is detailed under Contract No. B06003, a copy of which is attached. Under this agreement the City is listed as the borrower, but the economic development is dependent upon the construction of the Brammo Motorsport facility owned by Craig Bramscher. The City's original contract with Craig Bramscher required that Mr. Bramscher deliver the fully designed and permitted project to the City whereby the City would bid the work as a standard public works construction project. All permits, plans, specifications and contract documents were to have been provided by professional consultants under contract with Mr. Bramscher. Unfortunately, this work is still not complete and since the OECDD agreement requires that the project proceed expeditiously, there is concern that the funding might be lost if the project is not fast-tracked. Prior to this date, the professional engineer and other consultants have been under the employ of Mr. Bramscher and not the City of Ashland. In order to acquire the control needed to expedite this project it is necessary that the City employ KAS & Associates directly. Other consultants including Polaris Land Surveying LLC and Laurie Sager and Associates Landscape Architects, Inc. would be included in the contract as sub-consultants to KAS & Associates, Inc., but would not be directly employed by the City. Page I of5 C:IDOCUME-I \olsoni\LOCALS-1 \TempIXPgrpwise\05-1 0 CC !(AS Contract Brammo amended II 16 09,doc r.l' C I T Y. 0 F ASHLAND Historv The history of the Brammo Motorsport LLC project is a long and includes the following milestones. . February 26. 2007: Financial Assistance Award Contract No. B06003 for interim financing was approved by OECDD. . September 10.2007: Contract No. B06003 was amended to revise the development schedule. . April 11. 2006: The request for annexation, comprehensive plan and zoning map change for the 8.43 acre parcel owned by Craig Bramscher was recommended for approval by the Planning Commission under Planning Action No. 2006-00366. . Mav 16.2006: The request for annexation, comprehensive plan and zoning map changes was approved by the CounciL . December 12.2006: The Planning Commission approved a modification of the site review for 'the industrial building under Planning Action No. 2006-02241. . April 23. 2008: Planning Action No. 2008-00599 approved a request for a partition of the Bramscher property creating the Jefferson A venue right of way and two lots. . December 19. 2008: An application was made to DEQ for a 1200C permit under the NPDES requirements. . April 24. 2009: The land partition plat creating the Jefferson Avenue right of way was recorded. . October 19.2009: An application was made for a combined DSL/Corp of Engineers permit for work within a riparian way. Proiect Description The project approved under the OCEDD agreement is for the extension of Jefferson Avenue. Currently Jefferson Avenue exists as two "dead end" sections of street connecting to Washington Street. To connect the two existing sections would require a 606 foot long extension which would necessitate crossing Knoll Creek. The proposed crossing will be accomplished through the construction of a large multi-plate arch structure with an improved native bottom. The improvements will also include concrete curbs and gutters, sidewalks, asphalt street surface, water and sewer mains, a storm drain system with filtration treatment and electrical and related dry utilities including street lights. Related City Policies: The Council acts as the Local Contract Review Board, under authority granted by ORS 279A.025, 279C.335, 279A.060 and 279A.065 as well as AMC Ordinance No. 2933. Under AMC 2.52 Engineering Services are deemed personal services with contacts subject to formal competitive selection procedures. Personal services providers are selected differently than for construction contracts which are based solely on the lowest bid price. Although the cost of services can be considered in the screening criteria for personal service providers, the following criteria bear equal or greater weight: A. Specialized experience in the type of work to be performed. B. Capacity and capability to perform the work, including any specialized services within the time limitations for the work. Page2of5 C:IDOCUME-IlolsoojILOCALS-I\TempIXPgrpwiseI05-1O CC!(AS Contract Srammo amended 11 1609.doc ~~, CITY OF ASHLAND C. Educational and professional record, including past record of performance on contracts with governmental agencies and private parties with respect to cost control, quality of work, ability to meet schedules, and contract administration, where applicable. D. Availability to perform the assignment and familiarity with the area in which the specific work is located, including knowledge of designing or techniques peculiar to it, where applicable. E. Cost of the services. F. Any other factors relevant to the particular contract. The rules for the actual selection of personal service providers are found in 2.52.070 Selection Process: A. For personal service contracts that exceed $5,000, but do not exceed $50,000, at least three competitive written proposals from prospective contractors who shall appear to have at least minimum qualifications for the proposed assignment, shall be solicited. Each solicited contractor shall be notified in reasonable detail of the proposed assignment. Any or all interested prospective contractors may be interviewed for the assignment by an appropriate City employee or by an interview committee. The Department Head for the department that needs the services shall award the contract to the prospective consultant whose proposal will best serve the interests ofthe City, taking into account all relevant criteria found in Section 2.52.060. The Department Head shall make written findings justifYing the basis for the award and retain such records as required by AMC 2.50.110. B. For personal service contracts that will cost $50,000 or more, the Department Head shall award the contract based on AMC 2.50.090. C. The City official conducting the selection of a personal service contact shall negotiate a contract with the best qualified offeror for the required services at a compensation determined in writing to be fair and reasonable It is not always possible to fit each contract into the standard contract mold and the proposed acquisition of the KAS contract is one that defies conventional programs. Exemptions to the standard formal selection process are provided for these situations as set forth in AMC 2.52.050 as follows: A. The contract has a total value ofless than $5,000 provided it is memorialized by a formal purchase order. A personal service contract awarded under this section may be amended to exceed $5,000 only upon approval of the Public Contracting Officer, and in no case may exceed $6,000. A personal service contract may not be artificially divided or fragmented. B. Contract amendments, which in the aggregate change the original contract price or alters the work to be performed, may be made with the contractor if such change or alteration is less than twenty-five (25%) of the initial contract and are subject to the following conditions: I. The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or 2. The amended contract does not substantially alter the scope or nature of the project; Page 3 of5 C:\DOCUME-I\0Isonj\LOCALS-I\Temp\XPgrpwise\05-IO CC](AS Contract Brammo amended II 1609.doc r.l' CITY. OF ASHLAND C. The Department Head finds, in writing and at his or her discretion, that there is only one person or entity within a reasonable area that can provide services of the type and quality required. D. The contract is subject to selection procedures established by the State or Federal government. E. The contract is for non-routine or non-repetitive type legal services outside the Legal Department. F. The contract is for an emergency as defined in AMC 2.50.080 and the procurement procedure set forth in AMC 2.50.080 is complied with for awarding an emergency contract. Approving authority is found under Paragraph C above and is supported as follows: . Working under contract with Craig Bramscher, KAS & Associates has developed plans which are 95% compete and specifications that are approximately 75 % complete, but the project is stalled. . The OCEDD contract requires that the project be developed expeditiously and further delay may put the grant and loan in jeopardy. . Since KAS has developed the plans and specifications while under contract with Bramscher, the City has no rights to the work completed thus far. It would not be possible to seek another firm to complete the work that KAS has started as KAS has no obligation to give the plans and specifications to another firm nor can the City require them to do so. . The only way in which a new firm could be selected would be for that firm to start from the beginning and design the project with their own staff. This would be fiscally irresponsible as a contract for the full project would likely cost $75,000 or more. . The most problematic outcome of starting the engineering over is the time factor. It is estimated that it could take as much as six months to bring the project to a bid ready state as opposed to 30 days under a contract with KAS. ~ To move this project forward in a timely manner and at a reasonable cost requires that the City enter into a contract with KAS & Associates, Inc. The funding established through the OCEDD grant and loan is sufficient to cover this additional cost and the City will seek reimbursement from the OCEDD funds for all expenditures. Council Options: . Council may approve the attached contract with KAS & Associates, Inc. to complete the preliminary engineering and provide engineering services for the Jefferson Avenue Extension Project. . Council may revise the scope of services to be provided by KAS & Associates, Inc. . Council may reject the contract with KAS & Associates, Inc. and request proposals for the required engineering services or continue to work under the existing Bramscher contracts. Page 4'of 5 C:IDOCUME-I lolsonjILOCALS-I\TempIXPgrpwiseI05-1 0 CC KAS Contract Brammo amended II 16 09.doc r~' CITY OF ASHLAND Potential Motions: . Move to approve the attached contract with KAS & Associates, Inc. . Move to modify the contract with KAS & Associates, Inc. . Move to reject the contract with KAS & Associates, Inc. Attachments: . Site Map . OCEDD Contract No. B06003 . Proposed City of Ashland contract with KAS & Associates, Inc. Page 5 of5 C:IDOCUME-II01sonjILOCALS-IITempIXPgrpwiseI05-IO CC KAS Contract Brammo amended II 1609.doc ria'