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HomeMy WebLinkAbout2013-407 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: 11/13/13 FAX: (541) BEGINNING DATE: November 20, 2013 COMPLETION DATE: April 30 2014 COMPENSATION: Not to Exceed $88,499.04 SERVICES TO BE PROVIDED: Construction project management, surveying, final inspection and contract administration for the Calls Guanajuato Resurfacing Project ("Project"). These services are more specifically described in the Statement of Work attached as Exhibit C and incorporated herein b this reference. ADDITIONAL TERMS: Licensing and Permitting: During the term of the Contract, City shall pay for and Consultant shall obtain, hold and maintain all licenses and permits required for the Project, Consultant will review the Project site and the nature of the Services and advise City throughout the course of the Project as to the necessity of obtaining all Project permits and licenses, the status of the issuance of any such permits and licenses, and any issues or impediments related to the. issuance or continuation of any such permits and licenses. Timely Performance: Consultant shall at all times perform the Services diligently and without delay and shall punctually fulfill all Contract requirements consistent with the schedule agreed upon by the parties in writing. Time Is of the essence in the performance of this Contract. FINDINGS: NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings I Recitations. 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. 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 in accordance with the same professional skill, care, diligence and standards as other professionals performing similar services under similar conditions, 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 dale 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. Compliance with Applicable Law: Consultant shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Services. City's performance under this contract is conditioned upon Consultant's compliance with the provisions of ORS 279C.505, 279C.515, 279C.520, and 279C.530, which are hereby incorporated by reference. 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 b all employees. Contract for Personal Services Page 1 of 6 9. Indemnification: Consultant agrees to defend, indemnity and save City, its officers, employees and agents harmless l' from any and all losses, claims, actions, costs, expenses, judgments, subrogation, or other damages resulting from injury to any person (Including injury resulting in death), or damage (including loss or destruction) to property, of u whatsoever nature arising out of or incident to the-pe ormance o Is contract y Consultant (including u no limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services 7 attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. 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: 1. 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. 1. 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. U. 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 workefs' 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 occurrehce. This Contract for Personal Services Page 2 of 5 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 LiabilitJinsurance 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 chanoe. 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. I. Additional Insured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. The. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized .representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 17. 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 arid herein incorporated b reference. Consultant: City fA hl and By " By 0,c 0 LuSignature Department Head 7 FM V- vvn.Sov; ~I~J3 lz,&t3 Print Name Print Name U~t:~ t-y~S1 t~~ Ill i~ I i3 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order a_ AshishcrCRy Attorney Contract for Personal Services Page 3 of 5 Datp 12- - 10 - 0 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. X (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. X (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. I I-20 - 3 Contract (Date) Contract for Personal Services Page 4 of 5 OP ID: JMC A`~ CERTIFICATE OF LIABILITY INSURANCE °11122/2013 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 pollcy(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 endorsements). PRODUCER Phone: 800.338-1391 CONTACT ACECIMARSH Fax: 888.621-3173 NA N Et AIC No: 701 Market St, Ste. 1100 St Louis, MO 63101 E-MAX. . Jeff B. Connelly ADDRESS: 5R DU ER -CUSTOMER I ,OBEC-01 _ INSURERS AFFORDING COVERAGE NAICd INSURED OBEC Consulting Engineers INSURER A: Hartford Insurance Company 22387 920 Country Club Road INSURER e: Eugene, OR 97401.2231 INSURER C : _ INSURER D : INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR II POUCYNUMBER TYPE OF INSURANCE I MMUDD POLICY MMNO~ LIMITS LTR . GENERALLIABILITY EACH OCCURRENCE S 2,000,00 A X COMMERCIAL GENERAL LIABILITY 84SBWPA4035 0312012013 0312012014 PREMISEES(E.. once t 2,000,00 CLAIMS-MADE LJI OCCUR MED EXP(An erle raon) t 10,00 PERSONAL d ADV INJURY t 2,000,000 J PROF. LIABILITY EXCLUDED GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMPIOPAGG $ 4,000,00 POLICY X PRO- LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E 2,000.00 A X ANY AUTO ~84UEGPF0127 10312012013 03120/2014 (Eae 11t) BODILY INJURY (Per persm) t ALL OWNED AUTOS BODILY INJURY (Pereuident) $ SCHEDULED AUTOS PROPERTY DAMAGE t HIRED AUTOS (Per eccitlenq NON-OWNEDAUTOS t r S X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,00 $ 5,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE A 64XHGYH1723 0312012013 0312012014 DEDUCTIBLE S X RETEWION $ 10,000 $ WORKERS COMPENSATION I X WC STATU OTH- TORLIUNJ3 AND EMPLOYERS LIABILITY A ANY PROPRIETOWPARTNERIEXECUTNE a INIA 84WBGBJ0746 03120/2013 0312012014 E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMSER EXCLUDED? (Mandatory in NH) E. L. DISEASE - EA EMPLOYE t 1,000,00 IfYes; describe antler DESCRIPTION OF OPERATIONS beltrx E.L. DISEASE POLICY LIMIT t 1,000,00 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atfscb ACORD 101, AddiBonal Re eaAS Schedule, if more spew is required) RE: Construction Project Management for Calls Guanajuato Resurfacing Project - When required by written contract: The City of Ashland and its elected officials, officers and employees are included as additional insured for above coverages except WC. Coverage is prima and non-contributory to any other insurance carried except Umbrella. (GW, AutOAI) CERTIFICATE HOLDER CANCELLATION CITYOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Rachel Dials 20 East Main Street AUTHORQED REPRESENTATIVE Ashland, OR 97520 CA. / Co..1~r V ' ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ~ ~ urnunr rrrnrnr CONSTRUCTION ENGINEERING (CE) & CONTRACT ADMINISTRATION (CA) CALLE GUANAJUATO RESURFACING PROJECT CITY OF ASHLAND PARKS STATEMENT OF WORK (SOW) The purpose of this SOW is to add the necessary tasks related to Construction Engineering (CE) and Contract Administration (CA) for the Calle Guanajuato Resurfacing Project (the "Project"). This agreement does not delete, revise, or replace the tasks or requirements for previous phases of the Project unless otherwise specifically provided in this Contract. Consultant shall provide Construction Engineering (CE) services and Contract Administration (CA) necessary to meet the following requirements: CE and CA work tasks include the following: • All construction Project Management • Inspection of demolition and construction activities • Design consultation during construction • Review of shop drawings and submittals • Preparation of monthly progress payment estimates • Preparation of As-built Plans TASK 1 - CONSTRUCTION PROJECT MANAGEMENT & COORDINATION Consultant shall perform the following services as part of Task 1, Construction Project Management and Coordination. The major objective of this Task is to establish the lines of communication, and set forth the priorities between the City of Ashland Parks Department and the Consultant. As the work progresses, the Consultant shall keep the City informed of the Project work progress and aware of changes affecting the Project including schedule and related costs. Consultant shall prepare and provide monthly Project invoice with progress reports to the City of Ashland Parks Department. Consultant shall: • Immediately after receipt of the NTP, schedule and conduct a preconstruction conference in order to discuss with the Construction Contractor (CC) and City of Ashland Parks Department the construction schedule, utility involvement, required documentation submittals, materials testing, surveying, and other items relevant to the construction of the Project. • Prepare an agenda for the preconstruction meeting. • Prepare and distribute minutes for the meeting within five (5) business days after the meeting. Up to five (5) Project team meetings may be held with the CC and the City of Ashland Parks Department to discuss the Project schedule and other outstanding issues for the Project. Statement of Work, CEICA Amendment OBEC Job No. 505-004 City of Ashland Parks Page I ~ ~ urnunc reuuur Consultants resident inspector must attend these meetings. Consultant's Project Manager (PM) shall attend one (1) meeting per month up to five (5) meetings. Task 1 - Deliverables: Consultant shall: ♦ Develop agenda for the preconstruction meeting and distribute to City of Ashland Parks Department and CC. Schedule: Three (3) business days prior to the meeting. ♦ Prepare minutes to document the meeting to the CC and City of Ashland Parks Department. Schedule: Within five (5) business days after the meeting. ♦ Prepare minutes to document up to five (5) progress conferences with the CC, and City of Ashland Parks Department staff. Schedule: Within five (5) business days after the meeting. ♦ Provide monthly progress reports with invoices to the City of Ashland Parks Department. Schedule: Monthly in the normal billing cycle. TASK 2 - CONSTRUCTION SURVEYING Consultant shall provide all surveying control data required to control all phases of work and to construct the Project to the lines and grades as shown, specified, or established. Consultant shall provide all supporting computations and field notes required for the construction contractor to control the work and as required to establish the correct position, orientation, and elevation of the work from control stations, including furnishing and setting construction stakes and marks, reference marks, and additional control stations. Consultant shall: • Verify all initial horizontal and vertical control stations in the proximity of the project. • Provide calculations, field notes, and survey drawings for the layout and control of the work as are required to construct the project as specified. • Prepare horizontal and vertical alignment construction grade data from the Contract Plans and Specifications. Task 2 - Deliverables: Consultant shall: ♦ Provide calculations, field notes and survey drawings for the layout and control of the work. Schedule: As required periodically throughout the project. TASK 3 - CONSTRUCTION ENGINEERING AND INSPECTION Statement of Work, CE/CA Amendment OBEC Job No. 505-004 City of Ashland Parks Page 2 ' I r (PrfAlfllG ~ IAAl1Illi Consultant shall perform engineering and inspection required to ensure conformance of the Project with the plans and specifications for the Project. The engineering and inspection must take place concurrently with the CC's operations. For budgeting purposes, it is assumed that construction will be limited to 16 weeks and that OBEC's inspector will be needed for an average of 35 hours per week for up to ten weeks and 24 hours per week for up to six weeks. The general order and nature of inspection will be as follows: Consultant shall: • Inspect erosion and sediment control measures. • Inspect removal of existing structures and obstructions and miscellaneous items. • Inspect Underground and above ground utility installation. • Inspect surfacing removal. • Inspect structure installation. • Inspect wearing surface installation. • Inspect electrical system material and placement. • Inspect water main replacement. • Inspect planting and irrigation installation. Task 3 - Deliverables: Consultant shall provide: ♦ General daily progress reports. ♦ Photos (as necessary) ♦ Field notes, measurements, and general documentation. Schedule: As requested. TASK 4 - REVIEW AND APPROVAL OF SHOP DRAWINGS AND SUBMITTALS Consultant shall review details for shop drawing submittals and other product data submittals. Shop drawings and submittals will be stamped, signed, and dated by FOR and marked as either "Approved", "Approved As Noted", "Returned for Correction" or "Rejected" for non- engineered shop or working drawings. Engineered shop or working drawings will be stamped either "Reviewed" or "Reviewed with Comment" Consultant shall also perform review of CC submittals for project schedule, and erosion and pollution control plans. Consultant shall maintain a record of submittals including dates received, forwarded, and returned. Consultant shall process shop drawings in a timely manner so as not to delay the CC operations. Task 4 - Deliverables: Consultant shall: ♦ Maintain submittal log. Schedule: Within the twenty-one (21) day period identified in most recent version of the Supplemental Oregon Standard Specifications for Construction. Statement of Work, CEICA Amendment OBEC Job No. 505-004 City of Ashland Parks Page 3 + ❑ MOMS + utarur TASK 5 - DESIGN CONSULTATION AND PLAN CHANGES DURING CONSTRUCTION Consultant shall provide consultation and technical services regarding design issues raised during construction of the Project. Consultant shall clarify construction contract documents; respond in writing to Requests for Information (RFI's), and monitor design assumptions. In conjunction with the above, Consultant shall provide written responses to RFI's as well as prepare design modifications and issue plan changes as required to assure conformance to the final product. The design consultation will occur only as required and may be ongoing throughout the construction contract. Engineering work will be prepared under the direction of the Consultant's Oregon registered Professional Engineer. Revisions to final drawings and specifications must bear the stamp of the Consultant's professional engineer responsible for, or for the oversight of, the preparation of the drawings and specifications. Task 5 - Deliverables: Consultant shall provide: ♦ Three (3) hard copies of written responses to RFIs - one (1) each to CC, and City of Ashland Parks Department. Schedule: Within five (5) business days after receiving the RFI from CC, or City of Ashland Parks Department. ♦ Two (2) hard copies of draft design/plan changes - one (1) each to City of Ashland Parks Department. Schedule: As required to eliminate or minimize impacts to CC's schedule, but no later than five (5) business days after City of Ashland Parks Department agrees that a design/plan change is required. ♦ Two (2) hard copies of final design/plan changes - one (1) each to CC, and City of Ashland Parks Department. Schedule: As required to eliminate or minimize impacts to CC's schedule, but no later than ten (10) business days after City of Ashland Parks Department agrees that a design/plan change is required. TASK 6- CHANGE ORDERS AND EXTRA WORK ORDERS . Consultant shall prepare Construction Contract Change Orders (CCOs) and extra work orders for CC as necessary if changes arise during Project construction. Construction CCOs may include but are not limited to modification to the contract plans, specifications, and contract time. Statement of Work, CEICA Amendment OBEC Job No. 505-004 City of Ashland Parks Page 4 Note: Construction CCOs require approval and execution of the City of Ashland Parks Department prior to implementation. Consultant shall process extra work orders for "Force Account" billings from CC. Consultant shall process extra work orders only after "Force Account" work has taken place and only after CC has submitted the appropriate invoice with all the appropriate documentation to Consultant. Time spent dealing with Quality or Quantity Assurance documentation related to a CCO or Extra Work is included under this task. Task 6 - Deliverables: Consultant shall: ♦ Submit CCOs for approval and execution by City of Ashland Parks Department prior to implementation. Schedule: As required periodically throughout the Project. Construction CCOs must be written executed and approved prior to performance of the work. Approval (E-mail acceptable) from the City of Ashland Parks Department is required prior to proceeding with changed or extra work. ♦ Submit to the City of Ashland Parks Department work orders for "Force Account" billings from CC. Schedule: As required periodically throughout the Project with the next monthly Project pay estimate. TASK 7 - AS-CONSTRUCTED PLANS Consultant shall make revisions to the existing plans and provide complete "As Constructed" contract drawings to the City of Ashland Parks Department for final records. Changes to the drawings will be provided on mylars. Task 7 - Deliverables: Consultant shall: ♦ Provide two (2) copies each of completed "As-Constructed" markups of the contract drawings for the Project in 1 1 x17 (half-size) mylar format - for delivery to the City of Ashland Parks Department. Schedule: Within sixty (60) business days of completion of all contract related work and final inspection of the Project. Statement of Work, CE/CA Amendment OBEC Job No. 505-004 City of Ashland Parks loge 5 t RECORDER Page 1 / 1 Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 12/23/2013 00312 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000591 - SHIP TO: OBEC CONSULTING ENGENEERS 920 COUNTRY CLUB ROAD SUITE 100B EUGENE, OR 97401-2208 FOB Point: Req. No.: - Terms: net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? No Quanti _ Unit - Description Unit Price - Ed: Price r Project Management 88,499.04 Guanajuato Resurfacing Project i Special Procurement Approved by Council November 19, 2013 Contract for Personal Services Beqinninq date: 11/2012013 Completion date: 04/30/2014 SUBTOTAL 88 499.04 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 88,499.04 `Account Number Project Number Amount Account Number Project Number, _ Amount - E 411.12.00.00.70420 E 000053.999 88,499.04 i AuthoriZ d Signature VENDOR COPY FARM#3 CITY OF .A request for a Purchase Order ASHLAND REQUISITION Date of request: ~Z (~I13 Required date for delivery: Vendor Nan, e (1(~fL CRS SA.Lj r'V &Vavuep % Address, City, State, Zip $bl (~?+2F Contact Name & Telephone Number ~f N ( me ci o (9-(r ) 14 -1 Scl O Fax Number , SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ 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) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ VerbalNWrilten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Witten quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Intergovernmental Agreement $5.000 to $75.000 Form 49, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: WX1410 b (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES cep Total Cost CCtiUiL LAA rv evr^h 04 $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ' TOTAL COST ❑ Per attached quotelproposal $ W It fA Project Numbeflo,,M-g__1 AccountNumberOAA;4- 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: IT Director Date Support -Yes/No By signing this requ s# orm, I certify t at the City's public contracting requirements have been satisfied. Employee: ('A v y J Department Head: - (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year / NO 02X .Z..._ , yr / z12-3 Y~ Finance Director-(Equal to or gre rthen$5.000) Date Comments: i Form #3 - Requisition f CITY OF ASHLAND Council Communication November 5, 2013, Business Meeting Authorization to proceed with contract exceeding $100,000.00 FROM: Don Robertson, Parks and Recreation Director, don.robertson@ashland.or.us SUMMARY Request Council approval to expend $286,618.60 out of Parks Capital Improvement Fund and $101,190 out of City Capital Improvement Fund. BACKGROUND AND POLICY IMPLICATIONS: The Calle Guanajuato Resurfacing project when finished will provide a safe, clean surface that eliminates current trip hazards. Construction will also include replacement of a water line and electric utility upgrades. Most utilities will be housed underneath an 8 foot wide walkway utilizing pavers located down the center of the Calle Guanajuato. The Parks and Recreation Commission approved the Parks portion of the project in the amount of $286,618.60 at their Regular Meeting on October 28h and made a motion of support for the entire project amount of $387,808.60. FISCAL IMPLICATIONS: The overall cost for the resurfacing, water line replacement and electric utility upgrades are $387,808.60. The low bid was from KOGAP Enterprises. The fiscal breakdown is: Parks Resurfacing: $286,618.60 Project 4000053 Water Line Replacement: $75,890 Project l1201225 Electric Utility Upgrades: $25,300 Project 4000296 The money has been budgeted in FY 14 Biennium in the Parks Capital Improvement Fund and City Capital Improvement Fund. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of funds in order to award contract and proceed with construction. SUGGESTED MOTION: I move to approve funding for the Calle Guanajuato Resurfacing Project in the amount of $387,808.60 ATTACHMENTS: Bid Summary Page 1 of 2 PUBLIC NOTICE Approval of a Special Procurement First date of publication: November 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 November 19, 2013 This is a Contract-specific special procurement" to directly award a contract to OBEC for the Construction Phase of the Calle Guanajuato Project which includes: construction project management and engineering services, surveying, final inspection of project and contract administration. The estimated cost and amount budgeted is $88, 499.04 The timeline of the intended contract and Final Construction Phase will be November 20, 2013 through April 30, 2014. 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 i interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 279B.070. i An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 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 S:OOpm on November 26, 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. CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Director, Ashland Parks and Recreation Date: 11-13-13 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 the 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- Recreation Superintendent 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From November. 20, 2013 To: April 30, 2014 5. Total Estimated Cost: $88,499.04 6. Short title of the Procurement: Special Procurement for OBEC for Construction Phase of Calle Guanajuato Project Supplies and/or Services or class of Supplies and/or Services to be acquired: Construction project management, inspection of demolition and construction activities, design consultation during construction, review of shop drawings and submittals, preparation of month progress payment estimates and updates and preparation of As-built Plans. 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: Utilization of project management is a practice for bigger projects within the department that staff does not have the expertise to manage. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,11/1312013 I Proposed procedure: Directly award public contract for final construction project management, inspection of demolition and construction activities, design consultation during construction, review of shop drawings and submittals, preparation of month progress payment estimates and updates and preparation of As-built Plans. 8. Justification for use of Special Procurement: Initial contract for Phase 1 & 2 were awarded by direct appointment. Seeking an exemption for the competitive bid process to award final construction phase to OBEC Engineering. 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: This proposed special procurement would be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because OBEC Engineering has been involved in the first 2 Phases of the project and has detailed knowledge that if we were hiring another engineering firm, would require extra staff time. The company also has knowledge of the project and previously worked on the Calle project after the 1997 flood X_(b)(i) will result in substantial cost savings to the contracting agency or to the public because: Staff does not have the expertise to project manage the details and requirements of this project. (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 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #8 - Special Procurement- Request for Approval, Page 2 of 3,11/13/2013 ' 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-November 20, 2013 PUBLIC NOTICE Approval of a Special Procurement First date of publication: November-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 November 19, 2013 This is a Contract-specific special procurement" to directly award a contract to OBEC for the Construction Phase of the Calle Guanajuato Project which includes: construction project management and engineering services, surveying, final inspection of project and contract administration. The estimated cost and amount budgeted is $88, 499.04 The timeline of the intended contract and Final Construction Phase will be November 20, 2013 through April 30, 2014. 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 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 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 November 26, 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 ofa Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,11/13/2013