HomeMy WebLinkAbout2008-208 Contract - Carollo Engineers
Contract for PERSONAL SERVICES Less than $25,000
CITY OF CONSULTANT: Carollo Engineers
ASHLAND CONTACT: Robert B. Eimstad, PE, Partner
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 4380 SW Macadam, Suite 350
Telephone: 541/488-6002 Portland, OR 97239
Fax: 541/488-5311
TELEPHONE: (503) 227-1885
DATE AGREEMENT PREPARED: FAX: (503) 227-1747
September 5, 2008
BEGINNING DATE: September 15, 2008 COMPLETION DATE: January 15, 2009
COMPENSATION: $15,000
SERVICES TO BE PROVIDED: 2008-08A: ENGINEERING SERVICES - TAP WATER PUMP STATION SITE
EVALUATION AND ACQUISITION ASSISTANCE
ADDITIONAL TERMS: Carollo June 24, 2008 SCOPE OF WORK AND BUDGET - ENGINEERING SERVICES attached
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. 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.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 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: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
Contract for Personal Services, Revised 07/0112008, Page 1 of 9
10. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either.City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject employer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
G. 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 Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one:
Contract for Personal Services, Revised 07/01/2008, Page 2 of 9
$200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. 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 s all sign the certification attached hereto as Exhibit A and herein incorporated b reference.
CONSUL CITY OF ASHLAND:
BY BY
ig^ t7 FINANCE DIRECTDR
Print Name
TITLE ~Gā d DATE ~o z7 ZarJf~
CONTRACT AWARD AND FI DINGS DETERMINED BY:
DATE 6 3 0 By.
O
City Department Head Date:
Approved as to
form by Legal: Date:
FederalID# g6'Q~~q ACCOUNT# e OY 5
(For City purposes only)
'Completed W9 form must be submitted with contract PURCHASE ORDER #
Contract for Personal Services, Revised 07/01/2008, Page 3 of 9
10/14/08 07:50 FAX ¢J 001
5414885005 , ASHLAND PUBLIC WORK 09:57:04 p.m. 10-08-2008 2 /2
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
Contract as defined in the contract documents, and has checked four or more of the following
trite '
(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.
/(ti) 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 r li ity insurance relating to the labor or services to be provided.
O
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Col itra%- or I ate
Contract for Personal Services, Revised 07/0112008, Page 4 of 9
June 24, 2008
CITY OF ASHLAND
ENGINEERING SERVICES - TAP WATER PUMP STATION SITE EVALUATION
AND ACQUISITION ASSISTANCE
SCOPE OF SERVICES
BACKGROUND
The City of Ashland (City) participated with the Cities of Talent and Phoenix, along with support
from the Rogue Valley Council of Governments and the Medford Water Commission (MWC), to
reserve capacity and share in the cost of building the Talent-Ashland-Phoenix (TAP) Pipeline
and Regional Booster Pump Station. The existing TAP pipeline runs along Highway 99 from its
connection to the MWC main transmission line at Belknap Road to its terminus in the City of
Talent at Suncrest Road. The City has a reserved capacity of 1.5 million gallons per day (mgd)
from the MWC through the TAP pipeline.
In 2004, the City contracted with Carollo Engineers, P.C. (CONSULTANT) to complete
preliminary engineering for an extension of the TAP pipeline from its current terminus in Talent
to Ashland's distribution system. This initial work was completed in the 2007 and included an
analysis of alternatives for the TAP pipeline routing, identification of a preferred pipeline size, a
storage evaluation, conceptual design of a pump station, and planning-level cost estimates.
It was initially assumed that a new TAP Terminal Reservoir would be constructed within
Ashland. However, work completed in 2007 under the Water Distribution System Modeling
Services Project determined that the TAP extension could be connected directly to the Ashland
distribution system along Highway 99, allowing Granite Reservoir to provide operational storage
for the new pipeline.
The objectives of this scope of services is limited to identifying and evaluating potential pump
station sites in Talent, making a pump station site recommendation, and assisting the City with
land us permitting and purchase of the recommended site.
CONSULTANT SCOPE OF SERVICES
It is anticipated that the TAP pump station will be located near the current terminus of the TAP
pipeline at Suncrest Road in Talent. The pump station is assumed to have a firm capacity of 1.5
mgd, delivered by two 250-hp horizontal centrifugal pumps. The pump station is assumed to
have a third empty pump bay to accommodate future expansion to a firm capacity of 3 mgd if
desired. The pump station is assumed to have dimensions of approximately 20 by 30 feet, and to
C:\DOCUME-I%rownp\LOCALS-I\Temp\XPGMWise\Ashland TAP Design SOW limited scope for ps- DRAM'. doe I
be constructed at grade using concrete masonry construction. It is assumed that the pump station
will not include an emergency generator.
This scope of services is limited to assisting the City with identification of the best site, gaining
land use permitting approval and site acquisition. Items to be completed are as described herein.
Task 1 - Project Management
Kick-offfMeeting. Key CONSULTANT staff will attend one kick-off meeting to determine,
with City staff, overall project schedule and required data needs.
Project Administration. CONSULTANT will prepare monthly progress reports and communicate
regularly with the City. CONSULTANT will facilitate monthly conference calls to report the
project status and discuss coordination needs. It is assumed that the project duration will be
approximately 3 months.
Council Presentations. CONSULTANT will prepare for and present one council meetings over
the duration of the project.
Deliverables. Deliverables from this task will consist of monthly progress reports, and agendas
and notes for all meetings.
Task 2 - Pump Station Site Acquisition Assistance
The purpose of this task is to assist the City in acquiring an appropriate property for the TAP
pump station. Specific items included under this task will include:
Confirmation of Site Selection. CONSULTANT will confirm the current availability of sites
identified in the preliminary design and rank all available sites, including identification of a
preferred site. The results of the site selection will be summarized in a brief technical
memorandum.
Permitting Assistance. Assist City with obtaining conditional use permit for the City of Talent
for the pump station site. This is anticipated to include a pre-application meeting, submittal of a
conditional use permit, and attendance and preparation for a public hearing with the planning
commission. It is assumed that the application will be accepted without any appeals.
Acquisition Support. CONSULTANT will provide cost and other information to support the
City's acquisition efforts. Items potentially to be included under this task include title reports,
easement descriptions, casement exhibits, and negotiation assistance. As the specific items to be
requested are not known at this time, an allocation of 40 hours has been included under this task.
Deliverables. Deliverables under this task will include a TM - Pump Station Site Selection, as
well as additional documents requested by the City to support the activities.
C:\DOCUME-I\bmwnp\LOCALS-I\Temp\XPGMWIseWMbland TAP Design SOW limited seope for ps- DRAFT.doe 2
SERVICES TO BE PROVIDED BY THE CITY OF ASHLAND
1. Land use data in GIS format.
2. City of Talent base map data in GIS format (i.e., street, parcels, aerials)
3. Permit fees.
4. Land acquisition.
C\DOCUME-1\br.wnp\LOCALS-I\TcmpWGrpWisc\Ashland'fAP Design SOW limited swpc for ps- DPAFr.d. 3
/
I T Y O F CITY RECORDER Pagel 1
-ASHLAND D'A.TE P..OTNU'M0
20 E MAIN ST. 10/27/2008 08620
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 000162 SHIP TO: Ashland Public Works
CAROLLO ENGINEERS, PC (541) 488-5587
3033 N. 44TH STREET STE. 101 51 WINBURN WAY
PHOENIX, AZ 85018 ASHLAND, OR 97520
FOB Point: Req. No.:
Terms: Net 30 days Dept.: PUBLIC WORKS
Req. Del. Date: Contact: Michael Fauqht
Special Inst: Confirming? NO
Ouanti Unif pescri do Unit Price NExt. Price
Engineering services for the TAP water 15,000.00
pump station site evaluation and
acquisition assistance.
I
RFP
Contract for Personal Services
Date of agreement: 09/05/2008
Beqinninq date: 09/15/2008
Completion date: 01/15/2009
SUBTOTAL 15,000-00
BILL To: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 15,000.00
ASHLAND, OR 97520
EFA'ccount Number P,rolect Number Amount Account Num_ ber Pyoject Number Amount
E 670.08.15.00.70420 E 200808.100 3,750.00
E 670.08.37.00.70420 E 200808.100 3,150.00
E 670.08.38.00.70420 E 200808.100 8,100.00
/o
Auth zed Signat a VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No. PW FY 2008
Department PUBLIC WORKS Date October 7, 2008
Vendor CAROLLO ENGINEERS PC Requested Delivery Date ASAP
4380 SW MACADAM STE 350 Deliver To Mike Faught
PORTLAND OR 97239 Via Betsy Harshman
Account No. 670.08.15.00.704200 25% Note: Please allow eppmxinmtely two(2) wed. for delivery on items not
670.08.37.00.704200 21%gene°ilyO^od mstoteu, and appmxivmmty two (2) months on printing jobs.)
670.08.38.00.704200 54%
Item No. Quantity Unit Description Use of Purchasin Office Only
Unit Prim Total Price PO No.
Engineering services for the TAP water pump $ 15,000.0.0 .
station site evaluation and acquisition assistance.
Council approved contract on September 2, 2008
for Kan
BID /RFP.!/ EXEMPT: t ~ RFP `~a
Coritract?Start Date 9/15/08
/15/09ā
Contraot lehon=Date,
Insurance on file YES
Pro act t.
Job No. Unit No. I bcreby terrify that the above deans are necessary for the openaon
of dus department and are budgeted
DcW=1 <d Person
Issued By Date Received By
OPFr,
G:\put -wrks\eng\deptadmin\ENGINEER\PROJECT12008\08-08 Requisition Form
C I T Y O F
~S H LAN D
PROJECT ACCOUNTING WORKSHEET
PROJECT NUMBER (YEAR XX) 200808
PROJECT TITLE Talent, Ashland, Phoenix Pipeline and PS; Talent to Ashland (TAP Final Design)
PROJECT DESCRIPTION Engineering services for the TAP water pump station site evaluation and acquisition assistance.
Department Public Works - Engineering
Project Manager Paula Brown
Department Head Mike Faught
BUDGET INFORMATION
Identify fiscal year / potential splits FY08
Identify Funding Codes 670.08.15.00.704200 25%
670.08.37.00.704200 21%
and Funding Code names 670.08.38.00.704200 54%
DESIGN .100
Engineer Name Carollo Engineers PC
PO Pending
COST $ 15,000.00
Change Orders 1
2
3
4
$ 15,000.00
CONSTRUCTION .120
contractor name
PO
budget estimate
bid / contract total
changes
total $
CONSTRUCTION .120
contractor name
PO
budget estimate
bid / contract total
changes
total $
PERMIT COSTS (Building Dept) .170
budget estimate
final costs
Miscellaneous Costs:
Daily Journal of Commerce Mr
Medford Mail Tribune
G:Pu4wrksle gtdept- dm WergbmdprojttWa-0a Pmi Acct Worksheet