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2013-061 Contract - OBEC Consulting Engineers
Contract for PERSONAL SERVICES CITY OF CONSULTANT: OBEC Consulting Engineers ASHLAND CONTACT: Jeff Bernardo 20 East Main Street Ashland, Oregon 97520 ADDRESS: 831 O'Hare Pkwy Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 774-5590 DATE AGREEMENT PREPARED: 2/22/13 FAX: (541) BEGINNING DATE: March 4, 2013 COMPLETION DATE: December 31, 2013 COMPENSATION: $40,649 SERVICES TO BE PROVIDED: Final design, engineering, environmental permitting and utility coordination services in preparation for resurfacing the Calle Guanajuato ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.50.120, 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 $19,494 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 7 whatsoever nature arising out o or incident to the'berformance 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 an time b mutual consent of both parties. Contract for Personal Services, Revised 06/30/2012, Page 1 of 5 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. 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. L 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 parry 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 Contract for Personal Services, Revised 06/30/2012, Page 2 of 5 ht not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to pity. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its `d officials, officers and employees as Additional Insureds on any insurance policies required herein but only offespect 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. Nonappropriations 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 to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Consultant: City oq~hland By By Signature Department Head ~ArcKa~rt~2 fine Z~A~3 IUao,j6K Print Name Print Name F40=79i 455J r 3)1.11--s Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. l APP AS ORM Sig ture _ 3-G-13 Date Contract for Personal Services, Revised 06/30/2012, 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 (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: (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) 1 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. 0 (Date) ra or Contract for Personal Services, Revised 06/30/2012, Page 4 of 5 OP ID: JMC ACORO" I DaTE (MMmon'rrYl CERTIFICATE OF LIABILITY INSURANCE 02/28113 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(les) 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 endorsements . PRODUCER 800-338-1391 CONTACT ACECIMARSH 701 Market St., Ste. 1100 688-621-3173 M NL •t, uC NO: St Louis, MO 63101 E-MAIL Jeff B. Connelly PRODUCER CUSTOMER D ,OBEC-01 INSURE 5 AFFORDING COVERAGE NAIC0 INSURED OBEC Consulting Engineers INSURERA:Hartford Insurance Company 22357 920 Country Club Road Eugene, OR 97401-2231 INSURER B: INSURER C 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. ILTR TYPE OF INSURANCE POLICY NUMBER MMIDDY MMMDIYYYY LIMITS J= Jwa GENERAL UABILRY EACH OCCURRENCE E 2,000,00 A X COMMERCIAL GENERAL LIABILITY 84SBWPA4035 03120/12 03120113 PREMISES Ea accurtence E 2,000,08 CLAIMS-MADE FXIOCCUR MED EXP(my one non E 10,00 PERSONAL S ADV INJURY E 2,000,00 PROF. UABIU1Y EXCLUDED GENERAL AGGREGATE E 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG E 4,000,00 POLICY X PRI- F-1 LOC E JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 8 2,000,000 (Ea ecddent) A X ANY AUTO 84UEGPF0127 03120112 03120113 BODILY INJURY (Per person) E ALL OWNED AUTOS BODILY INJURY (Per ecdtlenq E SCHEDULEDAUTOS PROPERTY DAMAGE HIREDAUTOS (Per accident) E NON-OWNEDAUTOS E E X UMBRELLA MB X OCCUR EACH OCCURRENCE E 6,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE E 6,000,000 A 84XHGYH1723 03120112 03120113 DEDUCTIBLE E X RETENTION $ 10 o0o E WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY A ANY PROPRIETOR/PARTNERrFJ(ECUTIVE YIN 84WBGBJ0746 03120112 03120113 E.L. EACH ACCIDENT E 1,000,000 OFFICERMIEMBER EXCLUDED? ~ NIA (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $ 1,000,00 H es, describe under DESCRIPTION OF OPERATIONSbel. E. L. DISEASE-POLICY LIMIT E 1,000,00 DESCRPTION OF OPE0.A ONS I LOCAnONS I VEHICLES IAmeh ACORD I01, AddNanal Re.&. SCMdula, If mon spa.. puirad) RE: Calla Guanajuato Resurfacing Project, Phase 2- The City of Ashland, Oregon and its elected officials, officers and employees are included as additional insured for above coverages except WC as required by written contract. Coverage is primary and non-contributory to any other insurance carried except IImbrella. (GLAI, AutOAI) CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland, Ashland Parks ACCORDANCE WITH THE POLICY PROVISIONS. and Recreation Attn: Rachel Dials AUTHORIZED REPRESENTATNE 20 East Main Street Ashland, OR 97520 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD Client#: 331197 OBECCONE 2 D127/2IUO/YYYY) F ATE ACORD,., CERTIFICATE OF LIABILITY INSURANCE 2/27/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble 8 Prentice, a USI Co PR acNN Ea, FAX Est: 206441.6300 Atc N„ 610-362-8528 601 Union Street, Suite 1000 E-MAIL I Seattle, WA 98101 ADDRESS: p •certrequest@kpcom.com INSURERIS) AFFORDING COVERAGE NAIL 11 INSURER A: Hudson Insurance Company 25054 INSURED INSURER B : OBEC Consulting Engineers, Inc. INSURER C: 920 Country Club Rd, #1006 INSURER D : Eugene, OR 97401 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 CONTRACTOR 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. LTRR TYPE OF INSURANCE ADDLSUB POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM)DDffYYY) (MlWDDfYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREEaEOCaunence $ CLAIMS-MADE 1-1 OCCUR MED EXP(Any one person) $ PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGO $ POLICY PRO- LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ..an ANY AUTO BODILY INJURY (Per person) $ ALLOOSNED SCHEDULED BODILY INJURY (Per accident) $ HIRED AUTOS NON-0WNED PROPERTY DAMAGE $ AUTOS Peracdclent $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'UABILITY YIN ANY PROPRIETORPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? ❑ NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional AEE7254302 9125/2012 09/25/201 $5,000,000 per claim Liability $5,000,000 annl aggr. DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101, Ade ltlonal Remarks Schedule, If more space Is required) RE: Contract for Personal Services, Call Guanajuato Resurfacing Project, Phase 2. CERTIFICATE HOLDER CANCELLATION City of Ashland, Parks and Recreation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Rachel Dials ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 Of 1 The ACORD name and logo are registered marks of ACORD #S9390254/M7962336 MXTJU January 22, 2013 Don Robertson Director Ashland Parks & Recreation Department 340 S. Pioneer Street Ashland, OR 97520 RE: Calle Guanajuato Resurfacing Project, Phase 2 OBEC Proposal No. P505-004 Dear Mr. Robertson: OBEC Consulting Engineers appreciates the opportunity to provide the Ashland Parks & Recreation Department with this proposal to provide final design engineering, environmental permitting, and utility coordination services for resurfacing the Calle Guanajuato along Ashland Creek in downtown Ashland. This proposal presents our understanding of Phase 2 of the project, our proposed scope of work, and our not-to-exceed budget for Phase 2 services. Project Background ; - at ! f` N k The Calle Guanajuato is a linear pedestrian plaza adjacent to Lithia " Park along Ashland Creek between Winburn Way and North Main Street. The Ashland Parks & Recreation Department owns the Calle and commonly rents space along the alleyway to members of the Lithia Artisans Market and adjacent restaurants for outdoor seating. Supply vendors often drive supply trucks on the Calle to deliver food and supplies to the back entrances of restaurants and retail businesses. Starting in June of 2012, OBEC began working on Phase 1 of the Calle Guanajuato Resurfacing Project. The scope of these services included collecting topographic survey and utility data, land use permit coordination, and preparing preliminary design concepts and cost estimates. OBEC is currently working on completing Phase 1 of this project. Remaining items include preparing preliminary design drawings with an itemized cost estimate and further coordination with underground utilities within the project area. Don Robertson January 22, 2013 Page 2 OBEC has prepared the following scope of services for Phase 2 of the project. Scope of Work (Phase 1) Task 1 - Project Management and Coordination Sub-Task 1.1: Project Management & Coordination - The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communication between OBEC and City of Ashland staff. OBEC shall keep the Ashland Parks & Recreation project manager informed of the Project work progress and aware of changes that may affect the Project, the schedule, and related costs. OBEC shall prepare and provide monthly project invoices with progress reports to Ashland Parks. Sub-Task 1.2: Design Review Meetings - For budgeting purposes, it is assumed that two (2) OBEC staff members from the Medford office will attend two (2) design review meetings to discuss the project with Ashland Parks and Recreation staff and coordinate design details. Task 2 - Information Gathering/Topographic Survey and Mapping -Reserved- Task 3 - Land Use Permit Coordination Task 3.4: Final Land Use Permitting Coordination - OBEC shall provide final coordination with Ashland Parks & Recreation staff and City of Ashland Planning staff in obtaining necessary land use permit(s). The Ashland Parks & Recreation Department will be responsible for paying all fees associated with the permits, as necessary. Task 4 - Prepare Preliminary Design Concepts and Cost Estimates -Reserved- Task 5 - Utility Coordination Task 5.1: Ongoing Utility Coordination -OBEC shall identify and locate all utilities within the project limits, initiate contacts with utilities, and coordinate relocations needed for construction of the Project. This work includes, but is not limited to, coordinating and collecting utility- provided three-dimensional location of any underground utilities that may be in conflict with the Project work, and coordinating with the utility owners to resolve those potential conflicts. Task 5.2: Utility Coordination Site Visits - OBEC shall schedule, attend and document on-site meetings with potentially affected utilities. The meetings shall be conducted on the Project site after impacts have been identified. For budgeting purposes, attendance at a maximum of three (3) site meetings is anticipated, each of which may last up to two (2) hours including travel time. Task 5.3: Conflict Letter Notifications - For each utility found in potential conflict with the proposed design, OBEC shall prepare a Utility Conflict Notification Letter informing the utility of the potential conflict and the need to relocate/adjust the utility facility and required timing Don Robertson January 22, 2013 Page 3 of relocation. OBEC shall work with each utility to verify a relocation plan that is not in conflict with the Project. Once OBEC has confirmed the relocation plan with each utility, a Timing Requirements Letter will be sent to the each affected utility. When Consultant has made proper arrangements with each utility owner, to either clear the right of way of their utility facilities prior to construction, or for relocation to occur during construction so as to not delay the contractor, OBEC shall provide the City with a written summary. Task 6 - Prepare Advance (90%)Plans, Specs & Cost Estimate Task 6.1: Prepare Advance Plans - OBEC will prepare and submit Advance (90%) contract plans for review by Parks Staff. City feedback from the preliminary plans will be incorporated into the advance plans. OBEC will incorporate City of Ashland standards into the drawing set, as needed. Project elements will include the installation of concrete pavers, reinforced concrete walkways, and minor stormwater improvements. All plan sheets will be produced in 1 1" x 17" format and submitted on paper and electronically for review. Task 6.2: Prepare Advance Specifications - OBEC shall prepare draft specifications and special provisions for review and comment by Ashland Parks Staff. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 6.3: Prepare Advance Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineers Cost Estimate to accompany the Advance plans for review by Ashland Parks Staff. Task 6.4: Advance QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Task 7 - Prepare Final Plans, Specs & Cost Estimate Task 7.1: Prepare Final Plans - OBEC will prepare and submit final contract plans for the purposes of bidding. City feedback from the advance plans will be incorporated into the final plans. All plan sheets will be produced in 1 1" x 17" format and submitted on mylar film. Task 7.2: Prepare Final Specifications - OBEC shall prepare final specifications and special provisions for the puposes of bidding. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 7.3: Prepare Final Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineer's Cost Estimate to accompany the final plans. Task 7.4: Final QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Don Robertson January 22, 2013 - Page 4 Task 8 - Bid and Award Assistance Task 8.1: Bid Assistance - OBEC shall assist Ashland Parks Department during the bidding process for the project by answering bidder questions and preparing addenda, as necessary. Ashland Parks will be responsible for advertisement, duplication and distribution of bidding documents, and receipt of all bids. OBEC will assist Ashland Parks with evaluation of bids, if requested. Fee OBEC proposes to complete Tasks 1 through 8 on a time-and-materials basis with a not-to- exceed limit of $40,649.00. A breakdown of projected hours per task is attached in Table 1. Project billings will be prepared on a monthly basis based on the attached 2012 OBEC rate sheet. We appreciate the opportunity to present this proposal to you for this project. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Jeff Bernardo, PE CITY RECC^ER Form W'9 Request for Taxpayer Give Form to the (Rev. December 2011) Department of Treasury Identification Number and Certification requester. send to the Do not IRS. Internal nal Revenue Service Name (as shown on your Income tax return) OBEC CONSULTING ENGINEERS, INC. N Business name/disregarded entity name, if different from above a same as above m Check appropriate box for federal tax classification: c o E) Individual/sole proprietor ❑ C Corporation C] S Corporation ~ ❑ Partnership ❑ TmsUestate 0 -Vo Limited liability corn an . Enter the tax classification C=C co oration, S=S cor ration, P= ❑ Exempt payee `o ❑ Y P Y ( rp po partnership)► G b y ❑ Other (see instructions) ► u !E Address (number, street, and apt. or suite no.) Requester's name and address (optional) U rn 920 Country Club Road m City, state, and ZIP code Eugene, OR 97401 List account number(s) here (optional) JEB Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number to avoid backup withholding. For individuals, this is your social security number However, for a -m resident alien, sole proprietor, or disregarded entity, see the Part I instructions on n page 3. For other. entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identification number number to enter. M93 - 0 5 5 2 6 2 8 JjM Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividend re not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.s.person► Date► Z /»1zOr3 General Instructions Note. If a requester gives you a form other than Form W-9 to request Section references are to the Internal Revenue Code unless otherwise your TIN, you must use the requester's form if it is substantially similar to this Form W-9. noted. Definition of a U.S. person. For federal tax purposes, you are Purpose of Form considered a U.S. person if you are: A person who is required to file an information return with the IRS must • An individual who is a U.S. citizen or U.S. resident alien, obtain your correct taxpayer identification number (TIN) to report, for • A partnership, corporation, company, or association created or example, income paid to you, real estate transactions, mortgage interest organized in the United States or under the laws of the United States, you paid, acquisition or abandonment of secured property, cancellation . An estate (other than a foreign estate), or of debt, or contributions you made to an IRA ' A domestic trust (as defined in Regulations section 301.7701-7). Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the Special rules for partnerships. Partnerships that conduct a trade or requester) and, when applicable, to: business in the United States are generally required to pay a withholding 1. Certify that the TIN you are giving is correct (or you are waiting fora tax on any foreign partners' share of income from such business. number of be issued), Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, 2. Certify that you are not subject to backup withholding, or and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt partner in a partnership conducting a trade or business in the United payee. If applicable, you are also certifying that as a U.S. person, your States, provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W-9 (Rev. 12-2011) I' Calls Guanajuato Resurfacing Project OBEC Consulting Engineers January 22, 2013 City of Ashland Parks Department OBEC Job No. 505-003 Phase 2; Final Design Amendment #2 I m- ~a m o 0 M and _ 1, ° w -OC m < u m" m 5 N SUBTASK a H_ S' v - Z a p1 E'a E p TOTAL TOTAL TOTAL TASK PHASE B TASK n y u F W a w m °m c E 8 2 'm °c 2 m a HOURS AMOUNT A. 12 a i, 6 N O N u O N N~ G F p N Q Q HOURS U U w Grade Grade Grade Grade Grade Grade Grace Grade Grace Grade Grade Grace Grade 22 21 20 18 17 16 14 15 17 14 20 17 14 Task 1 Project Management 8 Coordination 1A Pro W Management 8 Coordination 24 24 53,768 ,i 1.2 Design Review Meetings 2 6 6 12 $1,590 ~I Task SublotaL' 0 30 0 0 6..... 0 0 0 0 0 0 0 0 38 38 $5,338 Task 3 Land Use Permit Coordination 304 Final Land Use Permitting Coordination 2 112 74 $1,394 Task Subrofal 0 2 0 0 0 0 0 0 0 D 0 12 0 id ib ! i TaskS UUII CoordinaUOn §7,394 5.7 Ongoing Ulili' 4.Oerd10a900 8 20 28 $3,276 502 Utility Coordination Site Visits 6 6 §942 5.3 Conflict Letter Notifications 4 3 7 5617 Task Subrofal 0 14 0 0 0 0 0 24 0 0 0 0 3 41 41 $4,829 Task 6 Prepare Advance (90%) Plane, Space 8 Cost Estimate _ 6.7 Prepare Advance Plans 60 8 20 2 90 $8,706 6.2 Pre are Advance Specifications 20 4 24 $3,372 8.3 Pre ate Advance Quantities/Cost Estimate 6 6 $648 6.4 Advance OA/OC Review 3 4 8 2 8 2 25 $3,200 I Task Subtotal 3 4 20 8 70 10 20 0 0 0 6 0 4 745 145 $15,866 Task 7 Pre are Final. 100%) Plans, Specs 8 Cost Estimate Ii. 7.1 Prepare Final Plans 40 4 12 2 58 $1.942 7.2 Prepare Final Specifications 12 2 14 7.3 Pre are Final Quantities/Cost Estimate 4 4 57,8 2 7.4 Final DA/DD Review 4 6 2 3 2 2 19 $2,225 II Task Subtotal 0 4 12 6 46 6 12 0 0 0 3 2 4 95 E33 I _ Task a Bid and Award Assistance 510'2I3 •'I, 8.1 !Bid Assistance 4 4 8 8 24 $2,884 Task Subtotal 0 4 4 0 0 0 0 0 0 0 8 0 8 24 $2,884 TOTAL HOURS 3 58 38 ib 722 i6 32 24 0 0 17 74 19 355 • HOURLY RATES $168.00 $157.00 $144.00 $114.0 $108.00 $86.00 $70.00 $101.00 $96.00 $70.00 $141.00 $90.00 $69.001 1 OBEC LABOR ESTIMATE $504 $9,706 $5,184 $7,598 $13,778 $1,378 $2,240 $2,424 mi $0 $2,397 $7,280 $7,311 OBEC EXPENSE ESTIMATE (See Summary Sheet for breakdown) SUBTOTAL (IMTHOUT CONTINGENCIES) S40,S74 OBEC IXPENSES Pa r, M tai 8 Mllage $75 I; CONTINGENCY TASKS $0 • F . I. I' Last Printed: 2/2612013 - 3:09 PM Page 1 of 1 OBEC Phase 2 Budget.xls II' CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Don Robertson, Parks and Recreation Director Date: 2-8-13 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. Background The department's intent is to contract with OBEC, with whom we are currently contracting for Phase 1. We would like to move into Phase 2 of the Calle Guanajuato repaving project by February 28, 2013. The department would like to contract with OBEC for Phase 2, which includes: project management and coordination of utilities, land use permitting, preparing plans, specifications, final design, cost estimates and bid assistance for the Calle Guanajuato repaving project. The estimated cost and amount budgeted is $40,649 The timeline of the intended contract and Phase 2 of the project will be February 28, 2013, through December 31, 2013. The department has developed and fully plans to implement a written plan for utilizing such services, which will be included in the contractual statement of work. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City and Parks staff do not have the personnel and resources to perform the services required under this contract. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/12/2013 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Ashland Parks and Recreation Date: 2-8-13 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Commct-specific Special Procurement 4. Time Period Requested: From 2-28-13 To: 12-31-13 5. Total Estimated Cost: $40,649 6. Short title of the Procurement: Calle Guanajuato Resurfacing Project-OBEC Phase 2 Supplies and/or Services or class of Supplies and/or Services to be acquired: Phase 2: Final Design engineering, environmental permitting and utility coordination services in preparation for resurfacing the Calle Guanajuato. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Initial contract in the amount of $18,531 for Phase 91 was awarded by direct appointment This contract specific special procurement is being used to seek an exemption from the competitive bid process to directly award a contract of Phase #2 to the same company. Form #9 - Special Procurement- Request for Approval, Page 1 of 4, 2/12/2013 Proposed procedure: Directly award a contract to OBEC for Phase #2 of the Calle project. Will be completed with Phase # I of the project by late February 2013. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Initial contract in the amount of $18,531 for Phase #1 was awarded by direct appointment. Seeking an exemption for the competitive bid process to award Phase #2 to the same company. 9. Findings to Satisfy the Required Standards: This proposed special procurement: _X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The company already has knowledge of the proiect and previously worked on a Calle project, prior to the 1997 flood. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and (b)(i) will result in substantial cost savings to the contracting agency or to the public because: N/A (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060, 27913.065, or 27913.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 4, 2/1212013 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - Febniary 20, 2013 (If approved by Council) Form #9 - Special procurement- Request for Approval, Page 3 of 4, 211212013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: February 20, 2013 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on if approved, February 19, 2013 This is a "Contract-specific special procurement " to directly award a contract to OBEC for Phase 2of the Calle Guanajuato Resurfacing project which includes: project management and coordination of utilities, land use permitting, preparing plans, specifications, final design, cost estimates and bid assistance. The estimated cost and amount budgeted is $40,649 The timeline of the intended contract and Phase 2 of the project will be February 28, 2013 through December 31, 2013 It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 27913.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland OR 97520. The seven (7) protest period will expire at 5:00pm on February 27, 2013 This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form a9 - Special Procurement- Request for Approval, Page 4 of 4, 2112/2013 i January-22, 2013 Don Robertson Director Ashland Parks & Recreation Department 340 S. Pioneer Street Ashland, OR 97520 RE: Calle Guanajuato Resurfacing Project, Phase 2 OBEC Proposal No. P505-004 Dear Mr. Robertson: OBEC Consulting Engineers appreciates the opportunity to provide the Ashland Parks & Recreation Department with this proposal to provide final design engineering, environmental permitting, and utility coordination services for resurfacing the Calle Guanajuato along Ashland Creek in downtown Ashland. This proposal presents our understanding of Phase 2 of the project, our proposed scope of work, and our not-to-exceed budget for Phase 2 services. Proied Background The Calle Guanajuato is a linear F a, pedestrian plaza adjacent to Lithia Park along Ashland Creek between Winburn Way and North Main Street. The Ashland Parks & Recreation Department owns the Calle and commonly rents space along the alleyway to members of f the Lithia Artisans Market and adjacent restaurants for outdoor seating. Supply vendors often drive supply trucks on the Calle to deliver food and supplies to the back entrances of restaurants and retail businesses. Starting in June of 2012, OBEC began working on Phase 1 of the Calle Guanajuato Resurfacing Project. The scope of these services included collecting topographic survey and utility data, land use permit coordination, and preparing preliminary design concepts and cost estimates. OBEC is currently working on completing Phase 1 of this project. Remaining items include preparing preliminary design drawings with an itemized cost estimate and further coordination with underground utilities within the project area. Don Robertson January 22, 2013 Page 2 OBEC has prepared the following scope of services for Phase 2 of the project. Scope of Work (Phase 1) Task 1 - Project Management and Coordination Sub-Task 1.1: Project Management & Coordination - The major objectives of this task are to schedule, coordinate, and supervise project work and to establish lines of communication between OBEC and City of Ashland staff. OBEC shall keep the Ashland Parks & Recreation project manager informed of the Project work progress and aware of changes that may affect the Project, the schedule, and related costs. OBEC shall prepare and provide monthly project invoices with progress reports to Ashland Parks. Sub-Task 1.2: Design Review Meetings - For budgeting purposes, it is assumed that two (2) OBEC staff members from the Medford office will attend two (2) design review meetings to discuss the project with Ashland Parks and Recreation staff and coordinate design details. Task 2 - Information Gathering/Topographic Survey and Mapping -Reserved- Task 3 - Land Use Permit Coordination Task 3.4: Final Land Use Permitting Coordination - OBEC shall provide final coordination with Ashland Parks & Recreation staff and City of Ashland Planning staff in obtaining necessary land use permit(s). The Ashland Parks & Recreation Department will be responsible for paying all fees associated with the permits, as necessary. Task 4 - Prepare Preliminary Design Concepts and Cost Estimates -Reserved- Task 5 - Utility Coordination Task 5.1: Ongoing Utility Coordination -OBEC shall identify and locate all utilities within the project limits, initiate contacts with utilities, and coordinate relocations needed for construction of the Project. This work includes, but is not limited to, coordinating and collecting utility- provided three-dimensional location of any underground utilities that may be in conflict with the Project work, and coordinating with the utility owners to resolve those potential conflicts. Task 5.2: Utility Coordination Site Visits - OBEC shall schedule, attend and document on-site meetings with potentially affected utilities. The meetings shall be conducted on the Project site after impacts have been identified. For budgeting purposes, attendance at a maximum of three (3) site meetings is anticipated, each of which may last up to two (2) hours including travel time. Task 5.3: Conflict Letter Notifications - For each utility found in potential conflict with the proposed design, OBEC shall prepare a Utility Conflict Notification Letter informing the utility of the potential conflict and the need to relocate/adjust the utility facility and required timing Don Robertson January 22, 2013 Page 3 of relocation. OBEC shall work with each utility to verify a relocation plan that is not in conflict with the Project. Once OBEC has confirmed the relocation plan with each utility, a Timing Requirements Letter will be sent to the each affected utility. When Consultant has made proper arrangements with each utility owner, to either clear the right of way of their utility facilities prior to construction, or for relocation to occur during construction so as to not delay the contractor, OBEC shall provide the City with a written summary. I I Task 6 - Prepare Advance (90%)Plans, Specs & Cost Estimate Task 6.1: Prepare Advance Plans - OBEC will prepare and submit Advance (90%) contract plans for review by Parks Staff. City feedback from the preliminary plans will be incorporated into the advance plans. OBEC will incorporate City of Ashland standards into the drawing set, as needed. Project elements will include the installation of concrete pavers, reinforced concrete walkways, and minor stormwater improvements. All plan sheets will be produced in 11 " x 17" format and submitted on paper and electronically for review. Task 6.2: Prepare Advance Specifications - OBEC shall prepare draft specifications and special provisions for review and comment by Ashland Parks Staff. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 6.3: Prepare Advance Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineer's Cost Estimate to accompany the Advance plans for review by Ashland Parks Staff. Task 6.4: Advance QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Task 7 - Prepare Final Plans, Specs & Cost Estimate Task 7.1: Prepare Final Plans - OBEC will prepare and submit final contract plans for the purposes of bidding. City feedback from the advance plans will be incorporated into the final plans. All plan sheets will be produced in 11" x 17" format and submitted on mylar film. Task 7.2: Prepare Final Specifications - OBEC shall prepare final specifications and special provisions for the puposes of bidding. Specifications shall conform to the 2008 Oregon Standard Specifications for Construction and City of Ashland Standards. Task 7.3: Prepare Final Quantities/Cost Estimate - OBEC shall calculate detailed construction quantities and generate a detailed Engineer's Cost Estimate to accompany the final plans. Task 7.4: Final QA/QC Review - According to OBEC policy and procedures, OBEC shall conduct an independent QA/QC review of all design deliverables and quantities prepared and submitted to Ashland Parks. Documentation of this internal review will be kept in OBEC's project files and will be available to Ashland Parks & Recreation upon request. Don Robertson January 22, 2013 Page 4 Task 8 - Bid and Award Assistance Task 8.1: Bid Assistance - OBEC shall assist Ashland Parks Department during the bidding process for the project by answering bidder questions and preparing addenda, as necessary. Ashland Parks will be responsible for advertisement, duplication and distribution of bidding documents, and receipt of all bids. OBEC will assist Ashland Parks with evaluation of bids, if requested. Fee OBEC proposes to complete Tasks 1 through 8 on a time-and-materials basis with a not-to- exceed limit of $40,649.00. A breakdown of projected hours per task is attached in Table 1. Project billings will be prepared on a monthly basis based on the attached 2012 OBEC rate sheet. We appreciate the opportunity to present this proposal to you for this project. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, Jeff Bernardo, PE Calla Guanajuato Resurfacing Project OBEC Consulting Engineers January 22, 2013 City of Ashland Parks Department OBEC Job No. 505-003 Phase 2, Final Design Amendment#2 ,`O_ & o y Yr a ,'c_ m r m r E' m I; d SUBTABK TOTAL TOTAL TASK PHASE B TASK 6 E a c r tii n m e o a a t o a TOTAL HO HOURS AMOUNT a` o w i w m H~ o g i N w' r " S UR$ Q Grade Grad. Gratle Grade Grade Gratle Grade Grade Grade Grade Grade Grade Grade 22 21 20 18 17 16 14 15 17 14 20 17 14 Task1 Pro'ect Management B Coordination 101 P ect Management 8 Coordinatbn 24 24 $3.768 1.2 Design Review Meet 5 2 6 6 12 $1.590 Task Subtotal 0 30 0 0 6 0 0 0 0 0 0 0 0 36 36 $5,35111 Task 3 Land Use Permit Coordination 3.4 Foal Land Use PermiK Caardviation 2 12 14 $1,394 Task Subtotal 0 2 0 0 0 0 0 0 0 0 0 12 D 14 14 51,394 Tasks Utility coordination 51 On 0wr Utilir Ccordinstion 8 20 28 53,276 5.2 Utild Coordination Site Visits 6 6 $942 5.3 Conflict Letter Notifications 4 3 7 $611 Task Subtotal 0 14 0 0 0 0 0 u 0 0 0 0 3 41 41 $4,829 Task a Prepare Advance (90%) Plana, Specs 8 Cost Estimate 601 Prepare Advance Plans 60 8 20 2 90 $8,706 602 Prepare Advance Specifications 20 4 24 $3,3121 63 Prepare Advance Quantities/Cost Estimate 6 6 $648 6.4 Atlvance QAIDC Review 3 4 8 2 6 2 25 $3,200 Task Subtotal 3 4 2D 8 70 10 20 0 0 0 6 0 4 145 145 $15,866 Task 7 Prepare Final 100% Plans, Space & Cost Estimate 761 Pre m Fowl Plans 4D 4 12 2 58 $5,642 7.2 Prepare Final Specifications 12 2 14 $1,944 7.3 Prepare Final GuaradieslCOst Estbnate 4 4 $432 7.4 Final QA/OC Review 4 6 2 3 2 2 19 $2,225 Task Subtotal 0 4 12 6 46 6 12 0 0 0 3 2 4 95 76 5101243 Task 8 Bid and Award Assistance 8.1 Bid Assistance 4 4 8 8 24 $2,884 Task Subtotal 0 4 4 0 0 0 0 0 0 0 8 0 8 TA 24 $2,68d TOTAL HOURS 1 58 36 14 122 16 32 u 0 0 17 14 19 355 335 HOURLYRATES $168.00 $157.00 $144.00 $114.00 $108.00 $86.00 $]0.00 $101.00 $96.00 $70.00 $141.00 $90.00 $69.00 OBEC LABOR ESTIMATE $504 $9,106 $5,184 $1,596 $13,1]6 $1,376 $2,240 $2,424 $0 $0 $2,397 $1,260 $1,311 OBEC EXPENSE ESTIMATE (See Summary Sheet /or breakdown) SUBTOTAL (WIMOUT CONTINGENCIES $40,574 540,574 OBEC EXPENSES a er, M ar, B M/la ¢ $75 7.T W;ff CONTINGENCY TASKS $0 OBEC TOTAL ESTIMATED COST (INCLUDING CONTINGENCIES) S40,649 Last Printed: 2/22/2013 12:51 PM Page 1 of 1 OBEC Phase 2 Budget.xls CITY OF ASHLAND Council Communication February 19, 2013, Business meeting Approval of Special Procurement for Phase #2 of Calle Guanajuato Resurfacing Project FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY This is a request for City Council, acting as the Local Contract Review Board, to approve an exemption from the competitive bid process and directly award a contract to OBEC to provide project management, coordination of utilities, land use permitting, preparing plans, specifications and final design and cost estimates for the Calle Guanajuato resurfacing project. BACKGROUND AND POLICY IMPLICATIONS The Parks department is scheduled to resurface the Calle Guanajuato beginning late fall of 2013. Many details have to be worked out before the project can begin. Currently, OBEC Engineering is working with the department on Phase #1 of the project, including survey work and engineering. Staff would like to continue working with the same company, OBEC, for Phase 92: final design of the Calle resurfacing project. FISCAL IMPLICATIONS: The cost of this project phase is $40,649. The funds were budgeted in FY 13 in the Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the Special Procurement to Award contract. SUGGESTED MOTION: I move that Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approve the Special Procurement described therein. ATTACHMENTS: Special Procurement-Request for Approval (Written Findings) Page 1 of 1 PIFFAA1011 Page 1 / 1 CITY RECORDER CITY OFDATE PO NUMBER ASHLAND 20 E MAIN ST. 3/18/2013 11490 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 010507 SHIP TO: Ashland Parks OBEC CONSULTING ENGINEERS C/O 90 N. MOUNTAIN 920 COUNTRY CLUB ROAD STE 100B (541) 488-5354 EUGENE, OR 97401-6089 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? NO Quantity Unit Description , Unit Price Ext. Price Final design, engineering, 40,649.00 environmental permitting and utility coordination services. Project: Calle Guanajuato Resurfacing Contract for Personal Services Beginning date: March 4, 2013 Completion date: December 31, 2013 SUBTOTAL 40 649.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 40,649.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.03.22.00.70420 E 000296.999 40,649.00 ,Q/, Autho IZed signature VENDOR COPY FORM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 2W, U Required date for delivery: 3 13 Vendor Name Address, City, State, Zip 1 PI Contact Name & Telephone Number k*i~e7nwito ( Q-7-fNMD Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ 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) ❑ Stale of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract It 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 ❑ Form 94, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5.000 to $75.000 la Form #9, Request for Approval El Agency ❑ Less than $35,000, by direct appointment Written quote or proposal attached Dale original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: I % (Date) El Form #4, Personal Services $5K to $75K 'Valid until: Dale Description of SERVICES Total Cost lp~N~ IdCSlL~V1 i P xf Q ~U ~ ) fnvirt7ln.~ ixy (-111 j: ' l UhLltvtu70rclv+uvhaln S to lhAklLhUUrVp6 t~D 7q Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Leg Per attached quote/proposal $ [ An Project NumberUQ0ZQ(p - 09 Account Number~112.0~-'~Z-(7(?•~Q`JZDD Account Number 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 gmng this//reyisitionform, I certify that the City's public contracting requirements have b n atisfied. Employee Signature: A t l V 8 L1/% -Department Head Signatu`re: (Equal to or greater than $5,000) City Administrator: z r_'..,. Z ..(Equal to or greater th n$25,000) Funds appropriated for current fiscal year. YF / NO rO _ 3I c f 13 Finance Director- (Equal too gre~ter than $5,000) Date Comments: Form #3 - Requisition