HomeMy WebLinkAbout2023-001 PO 20230208 - Century West Engineering Co CI_ Purchase Order
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Fiscal Year 2023
Page: 1 of: 1
a] A — _
B City of Ashland _ 1_
ATTN: Accounts Payable .
L Purchase
20 E. Main n02302
L Ashland, OR 97520 Order# L0Q(�
T Phone: 541/552-2010'
O Email: payable@ashland.or.us
V CENTURY WEST ENGINEERING CORP H C/O Public Works Department
E , I 51 Winburn Way
N 5500 MEADOWS RD p Ashland, OR 97520
D SUITE 250 Phone: 541/488-5347
0
LAKE OSWEGO, OR 97035 S TO Fax: 541/488-6006
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(503)419-2130 —Scott Fleu
12/30/2022 614 FOB ASHLAND OR/NE-T-30 dity Accounts Payable
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Phase 2 Airport Taxiway •
1 Phase 2 Ashland Airport Taxiway reconstruction and rehabilitation 1.0 $348,577.64 $348,577.64
construction services project "
Personal Services Agreement(Greater than $35,090)
Completion date: 10/31/2023
Project Account: E-202018-999
*********,.*****GL SUMMARY*************** •
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085700-704200 $348,577.64tb ---------4,--—
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By: Date: .
Aut prized Signature $348,577.64
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FORM #3 l *eP CITY OF
ASHLAND
A request fora Purchase Order
REQUISITION 79 ,---.a ate of request: _~ 11/29/2022
Required date for delivery:
Vendor Name Century West Engineering Corporation
Address,City,State,Zip 1020 SW Emkay Drive,Suite 100 Bend OR 97702
Contact Name&Telephone Number 541-322-8962 Tom Headley
Email address
SOURCING METHOD
❑ Exempt from Competitive Bidding 0 Emergency
❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization
❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached
❑ Written quote or proposal attached (Attach copy of council communication) (If council approval required,attach copy of CC)
O Small Procurement ■❑ Request for Proposal Cooperative Procurement
Not exceeding$5,000 Date approved by Council: 0 State of Oregon
❑ Direct Award III (Attach copy of council communication) Contract#
❑ Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington
Date approved by Council: Contract#
(Attach copy of council communication) 0 Other government agency contract
Intermediate Procurement 0 Sole Source Agency
GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency
PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by
O Less than$35,000,by direct appointment 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4)
O (3)Written proposals&solicitation attached Date approved by Council: 0 Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services$5K to$75K Valid until: (Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost
Construction Services for Phase Two Ashland Airport Taxiway Reconstruction and Rehabilitation , 1 (= [
Project 1,34‘:,,8:1-1164 ,
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
,
1=1 Per attached quote/proposal ,TOTAL'COST ''
Project Number 2 0 2 0 1 8. Account Number 0 8 5 7 0 0-7 0 4 2 0 0 ,p
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 requisition form,I certify that the City's public contracting requirements have been satisfied.
Employee:0(A Department Head:'-4/V iZ•G.2o
ikinat .0 ,.or greater tha 5,000)
ec -
Department Manager/Supervisor: City Manager: / -
(Eg6al to or greater an$25,000)
VFunds appropriated for current fiscal year: I/ NO \t 4
I��
Finance Director-(Equal to or greater than$5,000) Date
Comments:
Form#3-Requisition
s
PERSONAL SERVICES AGREEMENT (GREATER THAN $35,000.00)
CONSULTANT: Century West Engineering Corporation
CITY OF CONSULTANT'S CONTACT:
"AS H LAN D wrogers@centurywest.com,theadley@centurywest.com
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1020 SW Emkay Drive, Suite 100
Telephone: 541-488-5587 Bend, Oregon 97702
Fax: 541-552-6006
TELEPHONE: 541-322-8962
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland,an Oregon municipal corporation(hereinafter the"City"or"Owner"),and Century West
Engineering Corporation, a domestic business corporation ("hereinafter "Consultant" or "Contractor"),
for Construction Services for Phase Two Ashland Airport Taxiway Reconstruction and Rehabilitation
Project.
NOW THEREFORE,in consideration of the mutual covenants contained herein,the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution
on behalf of the City, as set forth below(the "Effective Date"), and unless sooner terminated as
specifically provided herein, shall terminate upon the City's affirmative acceptance of
Consultant's Work as complete and Consultant's acceptance of the City's final payment therefore,
but not later than October 31,2023.
2. Scope of Work: Consultant will provide all engineering design and bidding services necessary
for Phase Two Ashland Airport Taxiway Reconstruction and Rehabilitation Project as more fully
set forth in the Consultant's eleven (11)page Scope of Work dated March 18,2022,which is
attached hereto as "Exhibit A"and incorporated herein by this reference. Consultant's services
are collectively referred to in this Agreement as the"Work."
3. Compensation: The City shall pay Consultant the hourly rates and other fees and expenses as
set forth in its Project Task spreadsheet attached hereto as "Exhibit B" and incorporated herein,
up to the sum of$348,577.64 (three hundred forty-eight thousand,five hundred and
seventy-seven U.S. dollars and sixty-four cents) as full compensation for Consultant's
performance of all Work under this Agreement. In no event shall Consultant's total of all
compensation and reimbursement under this Agreement exceed the sum$348,577.64 (three
hundred forty-eight thousand,five hundred and seventy-seven U.S. dollars and sixty-four
cents)without the express,written approval from the City official whose signature appears
below, or such official's successor in office. Payments shall be made within thirty (30) days of
the date of receipt by the City of Consultant's invoice. Should this Agreement be terminated
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prior to completion of all Work,payments will be made for any phase of the Work completed
and accepted as of the date of termination.
4. Supporting Documents/Conflicting Provisions: This Agreement and its exhibits or other
supporting documents shall be construed to be mutually complementary and supplementary
wherever possible. In the event of a conflict between this Agreement and its exhibits which
cannot be so resolved,the provisions of"Exhibit D, Contract Provisions for Obligated Sponsors
and Airport Improvement Program Projects,"shall control. In the event of conflict between the
provisions of this Agreement and the provisions in any exhibit other than"Exhibit D,"the
provisions of this Agreement shall control.
5. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described
above and,unless otherwise specified in this Agreement, furnish all labor, equipment, and
materials required for the proper performance of such Work.
6. Qualified Work: Consultant has represented, and by entering into this Agreement now
represents,that all personnel assigned to the Work to be performed under this Agreement are
fully qualified to perform the services to which they will be assigned in a skilled manner and, if
required to be registered, licensed, or bonded by the State of Oregon, are so registered, licensed,
or bonded.
7. Ownership of Work/Documents: All Work,work product, or other documents produced in
furtherance of this Agreement belong to the City, and any copyright,patent,trademark
proprietary or any other protected intellectual property right shall vest in and is hereby assigned
to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated
by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235.
9. Living Wage Requirements: If the amount of this Agreement is $24,050.68 or more,
Consultant is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in that chapter,to all employees performing Work under this Agreement
and to any Subcontractor who performs 50%or more of the Work under this Agreement.
Consultant is also required to post the notice attached hereto as "Exhibit C"predominantly in
areas where it will be seen by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its
officers, employees, and agents harmless from any and all losses, claims, actions, costs,
expenses,judgments, 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 negligent performance of this Agreement by Consultant
(including but not limited to, Consultant's employees, agents, and others designated by
Consultant to perform Work or services attendant to this Agreement). However, Consultant shall
not be held responsible for any losses, expenses, claims, costs,judgments, or other damages,
caused solely by the gross negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent
of both parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not
Page 2 of 7: PERSONAL SERVICES AGREEMENT BETWEEN THE CITY OF ASHLAND AND CENTURY WEST ENGINEERING
less than thirty (30) days' prior written notice delivered by certified mail or in person.
c. For Cause. City may terminate or modify this Agreement, 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 Agreement or are no longer eligible for the funding proposed for payments
authorized by this Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to
provide the services required by this Agreement is for any reason denied,revoked,
suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of
the Agreement by the other. Prior to such termination the party seeking termination
shall give to the other party written notice of the breach and its intent to terminate. If
the party committing the breach has not entirely cured the breach within fifteen(15)
days of the date of the notice, or within such other period as the party giving the
notice may authorize in writing,then the Agreement 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 Agreement. City,by written notice to Consultant of default or breach,
may at any time terminate the whole or any part of this Agreement if Consultant fails
to provide the Work called for by this Agreement within the time specified herein or
within 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
Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement 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
Subsection a,b, c, or d of this section, Consultant shall immediately cease all activities
under this Agreement,unless expressly directed otherwise by City in the notice of
termination. Further, upon termination, Consultant shall deliver to City all documents,
information,works-in-progress and other property that are or would be deliverables had
the Agreement been completed. City shall pay Consultant for Work performed prior to
the termination date if such Work was performed in accordance with this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee
of the City for any purpose. Consultant shall have the complete responsibility for the
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performance of this Agreement. Consultant shall provide workers' compensation coverage as
required in ORS Chapter 656 for all persons employed to perform Work pursuant to this
Agreement. Consultant is a subject employer that will comply with ORS 656.017.
13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the
assignee or subcontractor and City.
14. 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 under the
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 Agreement; or attempts to assign
rights in, or delegate duties under,this Agreement.
15. Insurance. Consultant shall, at its own expense, maintain 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$2,000,000 (two million dollars)per occurrence. This is to cover any damages caused
by error, omission or negligent acts related to the Work to be provided under this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars)per occurrence for Bodily Injury,Death, and Property
Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less
than $1,000,000 (one million dollars) 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 thirty (30) days' prior
written notice from the Consultant or its insurer(s)to the City.
f. Additional Insured/Endorsements. Consultant shall name the City of Ashland, Oregon, and
its elected officials, officers and employees as Additional Insureds on any insurance policies,
excluding Professional Liability and Workers' Compensation,required herein, but only with
respect to Consultant's services to be provided as set forth in this Agreement. The
consultant's insurance is primary and non-contributory. As evidence of the insurance
coverages required by this Agreement,the Consultant shall furnish acceptable endorsements
and insurance certificates to the City prior to commencing any of the Work under this
Agreement. The endorsement 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 shall be provided to the City. The Consultant shall be financially
responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance.
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16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,
religion, creed, sex, marital status, familial status or domestic partnership, national origin, age,
mental or physical disability, sexual orientation, gender identity or source of income, suffer
discrimination in the performance of any Work under this Agreement when employed by
Consultant. Consultant agrees to comply with all applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations. Further, Consultant agrees not to
discriminate against a disadvantaged business enterprise,minority-owned business,woman-
owned business, a business that a service-disabled veteran owns or an emerging small business
enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall,throughout the term of this Agreement, including any extensions
hereof, comply with:
(i)All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or
enforce any of the foregoing tax laws or provisions.
17.1.2 Consultant, for a period of no fewer than six(6) calendar years preceding the Effective
Date of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or
enforce any of the foregoing tax laws or provisions.
18. Federal Aviation Administration (FAA)Requirements. The provisions required by the FAA
for Airport Improvement Program Projects are set forth in"Exhibit D, Contract Provisions for
Obligated Sponsors and Airport Improvement Program Projects"which is attached hereto and
fully incorporated herein by this reference.
19. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice
shall be given in writing to the other party by personal delivery,by sending via a reputable
commercial overnight courier,by mailing using registered or certified United States mail, return
receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile
number set forth below:
If to the City:
City of Ashland—Public Works Department
Attn: Contract Administrator
20 East Main Street
Ashland, Oregon 97520
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With a copy to:
City of Ashland—Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541)488-5350
If to Consultant:
Century West Engineering Corporation
1020 SW Emkay Drive, Suite 100
Bend, Oregon 97702
20. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without
regard to conflict of laws principles. Exclusive venue for litigation of any action arising under
this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless
exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal
district court for the district of Oregon. Each party expressly waives any and all rights to
maintain an action under this Agreement in any other venue, and expressly consents that,upon
motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so
as to effectuate this choice of venue.
21. Amendments. This Agreement may be amended only by written instrument executed by both
parties with the same formalities as this Agreement.
22. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds
currently available and authorized for expenditure to finance the costs of this Agreement within
the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts
under this Agreement 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
Agreement. In the event City has insufficient appropriations, limitations or other expenditure
authority, City may terminate this Agreement without penalty or liability to City, effective upon
the delivery of written notice to Consultant, with no further liability to Consultant.
23. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER,
CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT.
CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE,HEREBY
ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT,
AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
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24. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit
E"and incorporated herein by this reference.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective
names by their dulyauthorized representatives as of the dates set forth below.
CITY OF ASHLAND: CENTURY WEST ENGINEERING
CORPORATION (CONSULTANT):
1
By: (' '' ...1441141/ By: /4
j
seph L. a Bard,City Manager Signature
JOSEPH- ROsHAr-
Date Printed Name
P Ios-14
Title
11/13 zon—
Date
Purchase Order No. (W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
-ity Attorney
11-13-2022
Date
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Exhibit A
WEST TORY
ENGINEER I 'N G
Scope of Work
Ashland Municipal Airport— City of Ashland
Taxiway A Reconstruction: Phase II — Construction Management
Rev 0— 8 March 2022
Rev 1 — 18 March 2022 (FINAL)
GENERAL PROJECT DESCRIPTION, BACKGROUND, & PURPOSE/NEED
The Ashland Municipal Airport/Sumner Parker Field (Owner/Sponsor) is owned
and operated by the City of Ashland and is located approximately 3 miles east of
Ashland, Oregon. The City of Ashland has contracted with Century West
Engineering (Consultant/Engineer) for Construction Management and Project
Closeout services related to the Taxiway A Reconstruction and Rehabilitation
Project. See attached Exhibit 1 for a project overview.
The scope of the project is to provide engineering construction management
services for the Ashland Municipal Airport's proposed pavement reconstruction
and rehabilitation of Taxiway A and portions of its connector taxiways and run-up
area, including new underdrains, taxiway edge lights, lighted signs, electrical
room modifications, and grading for reconstructed pavements.
The project design is complete, and bids will open March 29, 2022. Design and
bidding services are included as a part of a separate agreement and not included
in this agreement.
Project Construction Scope
The scope of work for this project includes the following. Note that electrical
improvements are dependent on bid outcome:
1. Shift and reconstruct Taxiway A centerline approximately 12' west to
create a consistent, full-length, 150' width between Runway and Taxiway
A centerlines to meet design standards for ADG 1 aircraft. Reconstruction
of Taxiway A extending from Taxiway A3 to Taxiway A6 (approximately
2,750 ft by 25 ft), including reconstruction of Northwest Apron Taxilane 1,
partial reconstruction of Taxiway A5 and A6, and the run-up apron;
a. Demolish, overexcavate, cement-treat subgrade, and replace
approximately 11,000 SY of pavement section;
2. Taxiway rehabilitation extending from Taxiway A3 southeast along
Taxiway A to taxiway end (approximately 1,850 ft by 35 ft) including
Taxiways Al, A2, and A3;
a. Crack and/or surface seal approximately 5,100 SY of existing
pavement;
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CENTURY TORY
ENGINEERING
3. New underdrains;
4. Associated drainage improvements;
5. Associated shoulder grading, topsoil, seeding and restoration.
6. New airfield signage and pavement marking associated with the taxiway
and its connectors;
7. New taxiway edge lighting, including new conduit/wire and electrical
building improvements;
8. Replace the Constant Current Regulator (CCR);
9. Replace the Radio Control Equipment;
10.Constructed electrical room modifications as needed for the CCR and
radio control equipment replacement and associate NEC code updates;
and
11.Upgrade/modify existing power and control.
The FAA has determined that all work under this project can be considered FAA-
eligible. No Sponsor Force Account work will not be considered for this project,
and any concurrent work conducted by the Airport or its contractors will be let
through a separate agreement, distinct from the AIP-funded contract work.
Project Construction Phasing
Construction is anticipated for Summer/Fall 2022 and will be constructed in three
phases. Phase 1 (Work Area 1) construction is anticipated to begin on/around
August 1, 2022 and be complete by October 29, 2022. Phase 2 (Work Area 2)
and Phase 3 (Work Area 3) will be performed within the Phase 1 contract time
constraints.
Phase 1, Phase 2, and Phase 3 work may be performed concurrently during
runway closure. Phase 1 does not require a Runway closure while Phase 2 and
Phase 3 work requires a Runway closure.
Phase 1 (Work Area 1):
• Phase 1 (Work Area 1) does not require a closure of Runway 12-30.
• The northern-75% of Taxiway A and connector Taxiways A4, A5, and
A6 outside the Runway OFA will be closed continuously for 90
consecutive calendar days for reconstruction.
• The southern-25% of Taxiway A, and connector Taxiways Al, A2 and
A3 will remain open to air traffic during this phase.
• Runway 12-30, NAVAIDs, and electrical equipment shall remain open
and functional for the duration of work in Work Area 1 except when
Phase 2 and Phase 3 work occurs and the Runway 12 PAPI will be out
of service for 20 consecutive calendar days.
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�W WESTTURY
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Phase 2 (Work Area 2):
• Phase 2 (Work Area 2) requires a closure of Runway 12-30 and shall
be performed concurrently with Phase 1 and Phase 3.
• Taxiway A4, A5, and A6 will be closed continuously for 20 consecutive
calendar days for partial reconstruction.
• Runway 12-30, NAVAIDs, and electrical equipment will be closed or
out of service for 20 consecutive calendar days while work is
performed on Taxiways within the Runway OFZ.
Phase 3 (Work Area 3):
• Phase 3 (Work Area 3) requires a closure of Runway 12-30 and shall
be performed concurrently with Phase 1 and Phase 2.
• The southern-25% of Taxiway A, and connector Taxiways Al, A2 and
A3 will be closed continuously for 20 consecutive calendar days for
rehabilitation.
• Runway 12-30, NAVAIDs, and electrical equipment will be closed or
out of service for 20 consecutive calendar days while work is
performed on Taxiways within the Runway OFZ.
Total contract time: 90 calendar days.
Project Construction Cost Estimate
• Base Bid Project Cost Estimate is $2.6 Million, anticipated to be fully
eligible for AIP grant funding, with Sponsor match. Depending on bid
results and funding availability, total project cost could reach
approximately $3.5 million.
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CENTURY S TURP
ENGINEER ING
The following tasks, assumptions, exclusions, and schedule are proposed for
completion of this construction management project scope.
TASK 1 –ADMINSTRATION AND COORDINATION
1. Finalize work scope, fee estimate, and negotiate contract with the
OWNER.
2. Provide a detailed scope of work and exhibit—without costs—to
OWNER for obtaining an independent fee estimate (IFE) by a third-party
consultant.
3. Provide OWNER with Record of Negotiations documentation template.
OWNER will prepare and submit Record of Negotiations documentation
for FAA review.
4. Carry out project administration including, but not limited to monitoring
project schedule, coordination of project with the OWNER, monitoring and
reporting technical and budget issues to the OWNER, preparation of
monthly consultant invoices for submittal to the OWNER. Assume 4 hours
PM per month, with administrative support, over a 12-month period to
include formulation, construction administration, and project closeout.
5. Coordinate project team and sub-consultants.
6. Permit Application and Administration for City of Ashland Planning and
FEMA Permit Approval. This permit package is required to demonstrate
the project limits are outside of the nearby floodway. Preparation of this
package requires the analysis of the FEMA flood graphs and preparation
of floodway plan and profile, which are then compiled with the FEMA
flood graphs and project design grading. This effort is a required step to
achieve permit approval for construction.
A. Subconsultant task includes research, confirmation of code
compliance, site evaluation, calculations, coordination,
communications, meetings, plan review, reports, technical
memos, and applications, as required to determine flood
elevations, boundaries, and floodways to fulfill permit
obligations.
7. Provide a project schedule to the OWNER and FAA. Up to 3 revisions
are anticipated.
8. Assist the OWNER in the administration and reporting for annual FAA
reports and/or other funding programs and development of overall
program costs. Annual FAA reports are anticipated to be required for up
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to two fiscal years (FY22 and FY23).
9. Prepare and submit up to 5 FAA Quarterly Performance Reports via
email to the FAA Project Manager. (FY22: Q3, Q4; FY23: Q1, Q2, Q3)
10. Prepare Strategic Event Notification forms for submittal to FAA. It is
anticipated up to 2 Strategic Event Forms will be submitted notifying the
FAA of the upcoming Runway closure work expected in Summer/Fall
2022.
11.Attend up to 4 meetings at the Airport during the duration of the contract
to provide Airport personnel and management with project updates. The
Senior Project Manager will attend the meetings. These may be
concurrent with regularly scheduled Airport Commission meetings.
Task I Summary
Anticipated Schedule: April 2022 -June 2023 (Pending Grant Close Out)
Deliverables:
• Scope and Fee (PDF)
• IFE Spreadsheet (Excel)
• CoA/FEMA Floodway Permit (PDF)
• Project Schedule (PDF)
• • Quarterly Performance Reports (PDF)
• Strategic Event Forms (PDF)
Exclusions
• No Predesign Conference call will be held. A Predesign Conference
Call was held for the design project on February 17, 2021, and was
determined sufficient for the overall project per FAA PM on 12/9/21.
TASK 2 - CONSTRUCTION MANAGEMENT
1. Assist the City of Ashland as needed for the development of the final
contract with the Contractor. The OWNER is assumed to conduct this
work, with only minor clarifications for the process if needed.
2. Organize, conduct, and attend a Pre-Construction Conference. The
Project Manager and Resident Engineer will attend the meeting. Prepare
an agenda and meeting notes for the meeting.
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3. Attend technical project phasing meeting with Airport staff and tenants to
review the runway closure impacts. The Senior Project Manager and
Project Manager will attend the meeting at the Airport.
4. Prepare and submit weekly inspection reports to the FAA and the
OWNER. 14 weekly reports are anticipated.
5. Provide on-site observation during the project construction period. On-
site activities include observing and reviewing Contractor work for
conformance with the contract documents, making field measurements,
preparation of inspection reports, photographic documentation,
addressing field questions, monitoring construction progress, conducting
wage rate interviews, and field verification of construction quantities for
pay requests.
Activities related to this task are expected to occur over a 90 Calendar
Day period. Century West will assign a staff member (Resident Engineer
/ Resident Project Representative) to the site during construction. Full-
time, on-site inspection is assumed to include up to 60 hours per week,
plus time for up to 14 round trips from a regional Century West office. 94
days are estimated for lodging and meals during construction, as well as
rental of a site-suitable vehicle for a duration of 3 months.
In addition to the Resident Project Representative present for the entire
project, a Project Engineer will be on site for the duration of asphalt paving
activity. It is assumed for this task that the second full-time, on-site
inspector will require up to 16 hour per working day for up to 7 days,
including 2 round trips from a regional Century West office, lodging,
meals, and rental vehicle for the duration of paving activity.
The actual amount of time for on-site observation is dependent on the
Contractor's work plan and schedule. The OWNER and Engineer agree
to adjust this level of effort, if necessary, due to a Contractor schedule that
requires more observation than the assumed allowances.
6. Provide off-site Engineering support to resolve and coordinate technical
issues beyond the capability of what can be prepared or addressed in the
field. Activities related to this task are expected to occur over a 13-week
period, with an allowance of 10 hours per week assumed for this effort.
7. Provide Project Manager coordination of the Resident Engineer, off-site
engineering support staff, and subconsultants. The Project Manager's
effort is assumed to be performed off-site and include 10 hours per week
over a 13-week period.
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8. Conduct weekly construction coordination meetings with the Contractor
and the OWNER (up to 13 anticipated). The Senior Project Manager and
Resident Engineer will attend the meetings. The Resident Engineer's time
for this task is included in Task 2.5 and not accounted for in this task.
Prepare an agenda and meeting minutes for each meeting.
9. Review Contractor-provided submittals and shop drawings.
10.Geotechnical review of subg rade
a) Geotechnical Engineer will perform one (1) site visit during subgrade
excavation to assess subgrade conditions, with a focus on the north
end of the taxiway. Unusual pavement distress in this location warrants
verification of subgrade consistency with geotechnical evaluation
performed during design.
b) Geotechnical Engineer will provide one memo to summarize site
evaluation, analysis, and recommendations to address subgrade
conditions as warranted.
11.Electrical construction management services (R&W Engineering, Inc.)
a) Answer technical questions about electrical items during the
construction phase of the project.
b) Assist in the preparation of up to (2) change orders dealing with
electrical items during construction as necessary.
c) Provide up to (5) request for information (RFI) responses.
d) Review electrical submittals for the project and provide comments as
necessary.
e) Make up to (2) site visits, including final inspection, during the
construction phase of the project to observe construction of electrical
items and their installation.
f) Prepare site reports and/or preliminary punch lists based on site visits
and observations.
g) Prepare final punch list based on observations from final site visit.
h) Assist with record drawing review and preparation based on contractor
red-line markups.
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12.Coordinate required closures and Notice(s) to Airmen ("NOTAM's") with
the OWNER, users, and tenants.
13.Prepare and confirm monthly construction payment estimates and submit
those estimates to the OWNER. 4 monthly pay requests are anticipated,
including a final pay estimate following punch list completion.
14.Conduct Quality Assurance (Q/A) Asphalt Testing. Provide testing
personnel and equipment necessary to perform quality assurance testing,
including:
• Asphalt paving testing to FAA (P-403 specifications) requirements.
• Asphalt testing is based up to two mobilizations for Phase 1-3 work
and estimated asphalt tonnage is approximately 2,000 tons.
• These assumptions form the basis .for materials testing on the
project. Actual effort may vary depending on how the construction
work is phased and executed. Additional testing, if required, will be
conducted as extra work under an amendment of this scope if
necessary.
15.Conduct and document wage rate interview as needed, for the prime and
all subconsultants.
16.Conduct an inspection at substantial completion with the OWNER, and
Contractor. The Project Manager and Resident Engineer will attend.
17.Prepare punch list as necessary and submit to Contractor.
18.Conduct a final inspection once all punch list items are complete. 1 site
visit by the Project Manager and Resident Engineer is allocated.
19.Coordinate the update of Form 5010. Include updated Pavement
Classification Number (PCN) to be published.
Task 2 Summary
Anticipated Schedule: April 2022 —June 2023
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TASK 3 — DBE PROGRAM AND GOAL UPDATE
1. Revise DBE Program and Goal for FY24-FY26. Subtasks include the
following:
a) Prepare Draft DBE Goal calculation for FY24-FY26, incorporating
current CIP projects anticipated at the Airport. Prepare DBE
Plan/Program documents and coordinate submittal to FAA Civil Rights.
One (1) hard copy will be mailed to the Sponsor for viewing during the
30-day public review period. The Consultant will provide a Notice of
Availability to be posted on the Sponsor's website during the Public
Review period and in the Newspaper of Record. The Sponsor will pay
the cost for advertising the Notice of Availability in the Newspaper of
Record.
b) Engineer will coordinate with minority, women's and general Contractor
groups, and community organizations who can share information on
the availability of DBEs in the area, per Department of Transportation
DBE Program —49 CFR Part 26. Century West will coordinate with the
Business Oregon (http://www.oregon4biz.com/How-We-Can-
Help/COBID/DBE/) directory to identify potential interested DBE
general Contractor groups in the area. A conference call will be held
with a representative from Business Oregon, if available, and
interested parties, Engineer, and the Sponsor to discuss the DBE goal
calculation and process and request feedback. Comments received will
be incorporated into the Final DBE Plan.
c) Prepare Final Draft DBE Plan for FAA review. It is anticipated up to two
revisions to the Final Draft will be required incorporating FAA
comments.
Task 3 Summary
Anticipated Schedule: June 2022 —June 2023.
Deliverables:
• Draft DBE Plan and Goal (PDF)
• Notice of Availability (Word)
• Conference Call and Comment Sheet (PDF)
• Final Draft DBE Plan and Goal (PDF)
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TASK 4— PROJECT CLOSEOUT SERVICES
1. Prepare update markups for Form 5010 information and submit to FAA.
2. Prepare a final Construction Report in accordance ANM-620-05, Standard
Handout for Final Reports available at:
https://www.faa.gov/airports/northwest mountain/engineering/construction
resources/media/standard-handout-for-final-reports.zip
Prepare project closeout documentation, including the draft final Request
for Reimbursement, draft final SF271 and SF425, and Final Report (in
accordance with 620-05: Standard Handout for Final Reports) with
appendices.
3. Assist the OWNER with the A-133 annual audit including finding appropriate
project files and answering questions, as required.
4. Provide record drawings (56 sheets) and as constructed information to
OWNER in hardcopy (11"x17") and electronic format (AutoCAD and PDF).
FAA will receive PDF copy.
5. Update the Airport Layout Plan Sheets with "as-constructed" information.
Anticipated ALP sheet updates include the following:
• Sheet 1 — Cover Sheet
• Sheet 2 —Airport Data Sheet
• Sheet 3 —Airport Layout Plan
• Sheet 4—Terminal Area Plan
• Sheet 10 — Runway 12 RPZ and Inner Approach Plan/Profile
• Sheet 11 — Runway 30 RPZ and Inner Approach Plan/Profile
• Sheet 12 — On-Airport Land Use Plan
• Sheet 14 — Exhibit "A" Airport Property Plan
Up to 2 revisions are anticipated. For this scope, it is assumed only
electronic (PDF) copies of the updated ALP sheets will be sent to the FAA
PM. OWNER will receive a full-size hard copy of the complete ALP sheet
set, including updated sheets, if requested.Task includes preparation of the
required summary memo to accompany the updated ALP sheets. Task
includes coordination required to coordinate signature for hard copies.
6. Complete the Annual Uniform DBE Report and submit via online FAA Civil
Rights portal. Up to 2 submittals are anticipated for FY22 and FY23.
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Task 4 Summary
Deliverables:
• Final Construction Report (PDF)
• Record Drawings (PDF and CAD)
• ALP Update for 8 Sheets, described above (PDF, 1xPaper Copy)
• Annual Uniform DBE Report (FY22 and FY23)
Anticipated Schedule: April 2022 —June 2023
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Exhibit B
,
PROJECT TITLE: ASHLAND MUNICIPAL AIRPORT-TWY RECONSTRUCTION AND REHAB:PHASE I1-CM
CLIENT: CITY OF ASHLAND
SCOPE OF WORK DATE 2022-03-18 FINAL
SENIOR SENIOR RESIDENT SENIOR
PRINCIPAL PROJ PROJ PROJECT STAFF CADD PROJ.
ENGR MGR ENGR ENGR ENGR TECH EIT COORD TOTAL PROJECT
PROJECT TASK S280.00 5224.00 $150.00 $150.00 5130.00 5138.00 5120.00 $105.00 HRS COST
PHASE II-CM AND PROJECT CLOSEOUT SERVICES
Task Total Expenses
Task l-Administration and Coordination 532.392.00 Meal Days l Hotel Night!Roundtrip
I Formulate Project and Prepare Scope of Work 2 8 10 52,352.00
2 Prepare IFE Materials 4 4 5896.00
3 Assemble Record of Negotiations 2 4 6 11,048.00
4 Carry out Project Administration 40 24 64 511,480.00
5 Coordinate Team and Subs 8 8 51,792.00
6 No-Rise Analysis Submittal Package 4 24 28 54,496.00
7 Create and Maintain Project Schedule 4 4 SS96.00
8 Assist with Annual FAA Reporting 8 8 $1,200.00
9 Submit Quarterly Pee nonce Reports 2 8 10 51,648.00
10 Submit Strategic Event Forms 4 4 060000
11 Attend P ject Management Meetings 16 16 32 55,984.00
ITask2-Construction Management I S223,644.00I
1 Assist nigh Contract Development 2 6 8 51,904.00
2 Organize and Conduct Pre-Construction Conference 10 16 26 $4,640.00 l 1
3 Attend Project Technical Phasing Meeting IS 10 20 53,740.00 I 1
4 Prepare and Submit Weekly Inspection Reports 16 16 S2,400.00
5 Provide On-Sim Observation 80 900 980 $147,000.00 94 90 17
6 Provide Office Support-APIs and Change Orders 2 12 20 16 50 $6,768.00
7 Provide PM Support of RPR and Site Staff 24 24 $5,376.00
S Conduct Weekly Meetings 70 70 140 526,180.00 13 13
9 Review Submittals2 12 24 38 $5,128.00
10 Geotechnical Support(Subconsultam Services Below) Sec Subconsultant Fee Below 0
11 Electrical CM(Subconsultant Services Below) See SubcousultmnFee Below 0
12 Coordinate NOTAMs 6 6 5900.00
13 Prepare Monthly Contractor Pay Estimates 2 24 16 42 $6,128.00
14 Provide QA Testing(ins.Sub Services Below) See Subconsultant Fee Below 0
15 Conduct Wnge Rate Interviews 4 4 $600.00
16 Conduct Substantial Completion Inspection 10 10 10 30 $5,240.00 I I
17 Prepare and Distribute Punch List 2 6 S 51,200.00
18 Conduct Final Inspection 10 10 10 30 55.240.00 1 1
19 Update PCN for Publication 8 8 01,200.00
Task 3-DBE Program and God Update I $3,940.00
I Revise DBE Program and God for FY24-FY26 0 50.00
a Prepare Draft God 2 16 18 52,380.00
b Conduct DBE Conference 4 4 5520.00
c Prepare and Submit Find God and Plan 8 8 51,040.00
(Task 4-Project Closeout Services I 524,044.00 I
1 Prepare Updated Fonn 5010 4 4 5600.00
2 Prepare Find Cons0uction Report 2 S 32 42 05,808.00
3 Assist with A-I33 Annual Audit 4 4 5600.00
4 Provide Record Drawings(56 Sheets) 2 6 48 12 68 $9,412.00
S Update ALP Sheets(B Sheets) 2 4 12 36 54 $7,024.00
6 Complete and Submit Annual Uniform DBE Report 4 4 $600.00
Labor Subtotal 4 240 372 930 96 60 88 24 1814 5284,020.00 III 90 34
EXPENSES:
Cost Meal Ground Air Hotel R.T.
Travel: Per Unit Days Trips Trips Nights Miles Markup
Lodging 596.00 90 1.0 58,640.00
Mileage(2022 Fedend Rate) 50.585 34 376 1.0 57,478.64
Night $0.00 0 1.0 50.00
Meals 059.00 III 1.0 56,549.00
Mise expense
PHOTO COPIES 5250.00
TELECOMMUNICATIONS 5500.00
POSTAGE S250.00
PRINTING It PLOTTING $500.00
Sub-Consulmnls:
1.Geotechnical Engineering Subcmrsultant $6,270.00 1.0 56,270.00
2.Electrical Engineering Subconsultant $12,370.00 1.0 512,370.00
3.QA testing Subconsultant 520,000.00 1.0 020,000.00
3.Floodway Penni.Suhconsultant 51,750.00 1.0 01,750.00
Subtotal-Expenses 824,167.64
Subtotal-Subconsulta is 040,390.00
Total- PHASE Il-CM AND PROJECT CLOSEOUT SERVICES $348,577.64
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described WAG E
below must comply with City
of Ashland laws regulating
payment of a living wage.
$17.02 per,hour; effective June 30, 2022
The Living Wage:is adjusted annually every.
une°30 by;the Consumer-price Index.
Employees must be paid a portion of the business of of health care, retirement,
living wage: their employer, if the 401K, and IRS eligible
employer has ten or more cafeteria plans(including
employees, and has received childcare) benefits to the
> For all hours worked under a financial assistance for the employee's amount of wages.
service contract between their project or business from the
employer and the City of City of Ashland over > Note: For temporary and
Ashland if the contract $24,050.68; part-time employees,the
exceeds$24,050.68 or more. Living Wage does not apply
> If their employer is the City of to the first 1040 hours worked
> For all hours worked in a Ashland, including the Parks in any calendar year. For
month, if the employee and Recreation Department. more details, please see
Ashland Municipal Code
spends 50%or more of the
> In calculating the living wage, Section 3.12.020.
employee's time in that month
working on a project or employers may add the value
For additional information:
Call the Ashland City Manager's office at 541-488-6002 or write to the City Manager,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
CITY OF
ASHLAND
Exhibit D
0Q'P4�_qr
igi ♦�Z FAA
�o�or Airports
RPS\
Contract Provisions for Obligated Sponsors and Airport
Improvement Program Projects
This document has been edited to incorporate only those contract provisions determined necessary for
the City of Ashland,OR,Airport Engineering Services Agreement.
Contents
CONTRACT PROVISIONS 2
Al ACCESS TO RECORDS AND REPORTS 2
A2 BREACH OF CONTRACT TERMS 2
A3 CIVIL RIGHTS-GENERAL 2
A4 CIVIL RIGHTS—TITLE VI ASSURANCE 3
A5 CLEAN AIR AND WATER POLLUTION CONTROL 5
A6 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 5
A7 DEBARMENT AND SUSPENSION 6
A8 DISADVANTAGED BUSINESS ENTERPRISE 6
A9 DISTRACTED DRIVING 7
A10 ENERGY CONSERVATION REQUIREMENTS 7
All EQUAL EMPLOYEMENT OPPORTUNITY(EEO) 8
Al2 FEDERAL FAIR LABOR STANDARDS ACT(FEDERAL MINIMUM WAGE) 13
A13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 14
A14 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 14
A15 TAX DELINQUENCY AND FELONY CONVICTIONS 15
A16 TERMINATION OF CONTRACT 16
A17 TRADE RESTRICTION CERTIFICATION 17
A18 VETERAN'S PREFERENCE 18
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 1
CONTRACT PROVISIONS
Al ACCESS TO RECORDS AND REPORTS
ACCESS TO RECORDS AND REPORTS
The Contractor must maintain an acceptable cost accounting system.The Contractor agrees to provide
the Owner,the Federal Aviation Administration and the Comptroller General of the United States or any
of their duly authorized representatives access to any books,documents,papers and records of the
Contractor which are directly pertinent to the specific contract for the purpose of making audit,
examination, excerpts and transcriptions.The Contractor agrees to maintain all books,records and
reports required under this contract for a period of not less than three years after final payment is made
and all pending matters are closed.
A2 BREACH OF CONTRACT TERMS
BREACH OF CONTRACT TERMS
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may
result in the suspension or termination of this contract or such other action that may be necessary to
enforce the rights of the parties of this agreement.
Owner will provide Consultant written notice that describes the nature of the breach and corrective
actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the
right to withhold payments to Consultant until such time the Consultant corrects the breach or the
Owner elects to terminate the contract.The Owner's notice will identify a specific date by which the
Consultant must correct the breach. Owner may proceed with termination of the contract if the
Consultant fails to correct the breach by the deadline indicated in the Owner's notice.
The duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder are in addition to,and not a limitation of, any duties, obligations,rights and remedies
otherwise imposed or available by law.
A3 CIVIL RIGHTS - GENERAL
GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color,national origin, sex,
age, or disability be excluded from participating in any activity conducted with or benefiting from
Federal assistance.
This provision binds the Contractor and subcontractors from the bid solicitation period through the
completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights
Act of 1964.
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 2
}
A4 CIVIL RIGHTS — TITLE VI ASSURANCE
Title VI Solicitation Notice:
The City of Ashland,in accordance with the provisions of Title VI of the Civil Rights Act of 1964(78
Stat. 252,42 USC §§2000d to 2000d-4)and the Regulations,hereby notifies all bidders or offerors that it
will affirmatively ensure that any contract entered into pursuant to this advertisement, [select
disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be
afforded full and fair opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race,color, or national origin in consideration for an award.
Compliance with Nondiscrimination Requirements:
During the performance of this contract,the Contractor,for itself,its assignees, and successors in
interest(hereinafter referred to as the"Contractor"),agrees as follows:
1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will
comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they
may be amended from time to time,which are herein incorporated by reference and made a
part of this contract.
2. Nondiscrimination: The Contractor,with regard to the work performed by it during the
contract,will not discriminate on the grounds of race,color, or national origin in the selection
and retention of subcontractors,including procurements of materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination•prohibited by
the Nondiscrimination Acts and Authorities,including employment practices when the
contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21.
3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In
all solicitations,either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials,or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of the
contractor's obligations under this contract and the Nondiscrimination Acts and Authorities
on the grounds of race, color, or national origin.
4. Information and Reports: The Contractor will provide all information and reports required
by the Acts,the Regulations,and directives issued pursuant thereto and will permit access to
its books,records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts and Authorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal
Aviation Administration,as appropriate,and will set forth what efforts it has made to obtain
the information.
5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-
discrimination provisions of this contract,the sponsor will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including,but not
limited to:
a. Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b. Cancelling,terminating,or suspending a contract,in whole or in part.
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 3
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract,including procurements of materials and leases of
equipment,unless exempt by the Acts,the Regulations, and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement as
the sponsor or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided,that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor,or supplier because of such
direction,the Contractor may request the sponsor to enter into any litigation to protect the
interests of the sponsor. In addition,the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract,the Contractor,for itself, its assignees,and successors in
interest(hereinafter referred to as the"Contractor")agrees to comply with the following non-
discrimination statutes and authorities;including but not limited to:
• Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252)(prohibits
discrimination on the basis of race,color,national origin);
• 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC
§ 4601)(prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended(prohibits
discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended(42 USC § 6101 et seq.) (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982(49 USC § 471, Section 47123), as amended
(prohibits discrimination based on race, creed, color,national origin, or sex);
• The Civil Rights Restoration Act of 1987 (PL 100-209)(broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs
or activities"to include all of the programs or activities of the Federal-aid recipients,sub-
recipients and contractors,whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on
the basis of disability in the operation of public entities,public and private transportation systems,
places of public accommodation, and certain testing entities(42 USC §§ 12131 – 12189)as
implemented by U.S.Department of Transportation regulations at 49 CFR parts 37 and 38;
• The Federal Aviation Administration's Nondiscrimination statute(49 USC § 47123)(prohibits
discrimination on the basis of race,color,national origin, and sex);
• Executive Order 12898,Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations,which ensures nondiscrimination against minority
populations by discouraging programs,policies,and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166,Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance,national origin discrimination includes discrimination
because of limited English proficiency(LEP). To ensure compliance with Title VI,you must
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take reasonable steps to ensure that LEP persons have meaningful access to your programs(70
Fed.Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended,which prohibits you from
discriminating because of sex in education programs or activities(20 USC 1681 et seq).
A5 CLEAN AIR AND WATER POLLUTION CONTROL
CLEAN AIR AND WATER POLLUTION CONTROL
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the
Clean Air Act(42 USC § 740-7671q)and the Federal Water Pollution Control Act as amended(33 USC
§ 1251-1387).The Contractor agrees to report any violation to the Owner immediately upon discovery.
The Owner assumes responsibility for notifying the Environmental Protection Agency(EPA)and the
Federal Aviation Administration.
Contractor must include this requirement in all subcontracts that exceeds$150,000.
A6 CONTRACT WORKHOURS AND SAFETY STANDARDS ACT
REQUIREMENTS
CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS
1. Overtime Requirements.
No contractor or subcontractor contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic,
including watchmen and guards, in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
2.Violation;Liability for Unpaid Wages;Liquidated Damages.
In the event of any violation of the clause set forth in paragraph(1)of this clause,the Contractor and
any subcontractor responsible therefor shall be liable for the unpaid wages.In addition, such contractor
and subcontractor shall be liable to the United States(in the case of work done under contract for the
District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph(1)of this clause, in the
sum of$10 for each calendar day on which such individual was required or permitted to work in excess
of the standard workweek of forty hours without payment of the overtime wages required by the clause
set forth in paragraph(1) of this clause.
3. Withholding for Unpaid Wages and Liquidated Damages.
The Federal Aviation Administration(FAA)or the Owner shall upon its own action or upon written
request of an authorized representative of the Department of Labor withhold or cause to be withheld,
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from any moneys payable on account of work performed by the contractor or subcontractor under any
such contract or any other Federal contract with the same prime contractor, or any other federally
assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth
in paragraph(2)of this clause.
4. Subcontractors.
The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)
through(4)and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower
tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this clause.
A7 DEBARMENT AND SUSPENSION
CERTIFICATION OF OFFERER/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation,the bidder or offeror certifies that neither it nor its
principals are presently debarred or suspended by any Federal department or agency from participation
in this transaction.
CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT
The successful bidder,by administering each lower tier subcontract that exceeds$25,000 as a"covered
transaction",must verify each lower tier participant of a"covered transaction"under the project is not
presently debarred or otherwise disqualified from participation in this federally assisted project. The
successful bidder will accomplish this by:
1. Checking the System for Award Management at website: http://www.sam.gov.
2. Collecting a certification statement similar to the Certification of Offerer/Bidder Regarding
Debarment,above.
3. Inserting a clause or condition in the covered transaction with the lower tier contract.
If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to
a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction,
the FAA may pursue any available remedies,including suspension and debarment of the non-compliant
participant.
A8 DISADVANTAGED BUSINESS ENTERPRISE
DISADVANTAGED BUSINESS ENTERPRISES
Contract Assurance(§26.13)—
The Contractor or subcontractor shall not discriminate on the basis of race,color,national origin,or sex
in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR
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part 26 in the award and administration of Department of Transportation-assisted contracts.Failure by
the Contractor to carry out these requirements is a material breach of this contract,which may result in
the termination of this contract or such other remedy as the Owner deems appropriate,which may
include,but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
Prompt Payment 026.29)—The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 60 days from the receipt of each
payment the prime contractor receives from the City of Ashland. The prime contractor agrees further to
return retainage payments to each subcontractor within 60 days after the subcontractor's work is
satisfactorily completed.Any delay or postponement of payment from the above referenced time frame
may occur only for good cause following written approval of the City of Ashland. This clause applies to
both DBE and non-DBE subcontractors.
A9 DISTRACTED DRIVING
TEXTING WHEN DRIVING
In accordance with Executive Order 13513,"Federal Leadership on Reducing Text Messaging While
Driving",(10/1/2009)and DOT Order 3902.10,"Text Messaging While Driving", (12/30/2009),the
Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce
safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while
driving when performing work related to a grant or subgrant.
In support of this initiative,the Owner encourages the Contractor to promote policies and initiatives for
its employees and other work personnel that decrease crashes by distracted drivers, including policies
that ban text messaging while driving motor vehicles while performing work activities associated with
the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding
$3,500 that involve driving a motor vehicle in performance of work activities associated with the
project.
A10 ENERGY CONSERVATION REQUIREMENTS
ENERGY CONSERVATION REQUIREMENTS
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy
efficiency as contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act(42 USC 6201 et seq).
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All EQUAL EMPLOYEMENT OPPORTUNITY (EEO)
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract,the Contractor agrees as follows:
(1)The Contractor will not discriminate against any employee or applicant for employment because of
race, color,religion,sex,or national origin.The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,without regard to their
race, color,religion,sex,sexual orientation,gender identify, or national origin. Such action shall
include,but not be limited to,the following: employment,upgrading, demotion, or transfer;recruitment
or recruitment advertising; layoff,or termination;rates of pay or other forms of compensation; and
selection for training,including apprenticeship.The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2)The Contractor will,in all solicitations or advertisements for employees placed by or on behalf of
the Contractor,state that all qualified applicants will receive considerations for employment without
regard to race,color,religion, sex, or national origin.
(3)The Contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the
said labor union or workers' representatives of the Contractor's commitments under this section and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
(4)The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules,regulations, and relevant orders of the Secretary of Labor.
(5)The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books,records, and accounts by the administering agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,regulations,and orders.
(6)In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or
with any of the said rules,regulations, or orders,this contract may be canceled,terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965,or by rule,regulation,or order of
the Secretary of Labor,or as otherwise provided by law.
(7)The Contractor will include the portion of the sentence immediately preceding paragraph(1)and the
provisions of paragraphs(1)through(7)in every subcontract or purchase order unless exempted by
rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or
vendor.The Contractor will take such action with respect to any subcontract or purchase order as the
administering agency may direct as a means of enforcing such provisions,including sanctions for
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noncompliance:Provided, however,that in the event a contractor becomes involved in,or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency
the Contractor may request the United States to enter into such litigation to protect the interests of the
United States.
STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY
CONSTRUCTION CONTRACT SPECIFICATIONS
1.As used in these specifications:
a. "Covered area"means the geographical area described in the solicitation from which this
contract resulted;
b. "Director"means Director, Office of Federal Contract Compliance Programs(OFCCP),U.S.
Department of Labor,or any person to whom the Director delegates authority;
c. "Employer identification number"means the Federal social security number used on the
Employer's Quarterly Federal Tax Return,U.S. Treasury Department Form 941;
d. "Minority"includes:
(1) Black(all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(2) Hispanic(all persons of Mexican,Puerto Rican, Cuban, Central or South American, or
other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander(all persons having origins in any of the original peoples of the
Far East, Southeast Asia,the Indian Subcontinent, or the Pacific Islands);and
(4) American Indian or Alaskan native(all persons having origins in any of the original
peoples of North America and maintaining identifiable tribal affiliations through membership
and participation or community identification).
2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of$10,000 the
provisions of these specifications and the Notice which contains the applicable goals for minority and
female participation and which is set forth in the solicitations from which this contract resulted.
3.If the Contractor is participating(pursuant to 41 CFR part 60-4.5)in a Hometown Plan approved by
the U.S.Department of Labor in the covered area either individually or through an association,its
affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in
accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall
be able to demonstrate their participation in and compliance with the provisions of any such Hometown
Plan. Each contractor or subcontractor participating in an approved plan is individually required to
comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal
under the Plan in each trade in which it has employees. The overall good faith performance by other
contractors or subcontractors toward a goal in an approved Plan does not excuse any covered
contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.
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4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a
through 7p of these specifications. The goals set forth in the solicitation from which this contract
resulted are expressed as percentages of the total hours of employment and training of minority and
female utilization the Contractor should reasonably be able to achieve in each construction trade in
which it has employees in the covered area. Covered construction contractors performing construction
work in a geographical area where they do not have a Federal or federally assisted construction contract
shall apply the minority and female goals established for the geographical area where the work is being
performed. Goals are published periodically in the Federal Register in notice form, and such notices
may be obtained from any Office of Federal Contract Compliance Programs office or from Federal
procurement contracting officers. The Contractor is expected to make substantially uniform progress in
meeting its goals in each craft during the period specified.
5.Neither the provisions of any collective bargaining agreement nor the failure by a union with whom
the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse
the Contractor's obligations under these specifications,Executive Order 11246, or the regulations
promulgated pursuant thereto.
6.In order for the non-working training hours of apprentices and trainees to be counted in meeting the
goals, such apprentices and trainees shall be employed by the Contractor during the training period and
the Contractor shall have made a commitment to employ the apprentices and trainees at the completion
of their training, subject to the availability of employment opportunities. Trainees shall be trained
pursuant to training programs approved by the U.S.Department of Labor.
7.The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its effort to
achieve maximum results from its actions. The Contractor shall document these efforts fully and shall
implement affirmative action steps at least as extensive as the following:
a.Ensure and maintain a working environment free of harassment, intimidation, and coercion at all
sites,and in all facilities at which the Contractor's employees are assigned to work. The Contractor,
where possible,will assign two or more women to each construction project. The Contractor shall
specifically ensure that all foremen,superintendents, and other onsite supervisory personnel are
aware of and carry out the Contractor's obligation to maintain such a working environment,with
specific attention to minority or female individuals working at such sites or in such facilities.
b. Establish and maintain a current list of minority and female recruitment sources,provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
c.Maintain a current file of the names,addresses,and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment source, or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor
by the union or, if referred,not employed by the Contractor,this shall be documented in the file
with the reason therefore along with whatever additional actions the Contractor may have taken.
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d.Provide immediate written notification to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or female sent by the Contractor, or when the Contractor has other information that the union
referral process has impeded the Contractor's efforts to meet its obligations.
e.Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and apprenticeship
and trainee programs relevant to the Contractor's employment needs,especially those programs
funded or approved by the Department of Labor. The Contractor shall provide notice of these
programs to the sources compiled under 7b above.
f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting.the Contractor in meeting its EEO
obligations;by including it in any policy manual and collective bargaining agreement;by
publicizing it in the company newspaper, annual report, etc.;by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and by
posting the company EEO policy on bulletin boards accessible to all employees at each location
where construction work is performed.
g.Review, at least annually,the company's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring,assignment,layoff,
termination, or other employment decisions,including specific review of these items,with onsite
supervisory personnel such superintendents,general foremen, etc.,prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings,persons attending,subject matter discussed, and disposition of the
subject matter.
h.Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media,specifically including minority and female news media,and providing written notification to
and discussing the Contractor's EEO policy with other contractors and subcontractors with whom
the Contractor does or anticipates doing business.
i.Direct its recruitment efforts,both oral and written,to minority,female,and community
organizations,to schools with minority and female students;and to minority and female recruitment
and training organizations serving the Contractor's recruitment area and employment needs. Not
later than one month prior to the date for the acceptance of applications for apprenticeship or other
training by any recruitment source,the Contractor shall send written notification to organizations,
such as the above, describing the openings, screening procedures,and tests to be used in the
selection process.
j.Encourage present minority and female employees to recruit other minority persons and women
and,where reasonable,provide after school,summer,and vacation employment to minority and
female youth both on the site and in other areas of a contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR part 60-3.
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r
1. Conduct,at least annually, an inventory and evaluation at least of all minority and female
personnel,for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc.,such opportunities.
m.Ensure that seniority practices,job classifications,work assignments,and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations under
these specifications are being carried out.
n.Ensure that all facilities and company activities are non-segregated except that separate or single
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
o.Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
8. Contractors are encouraged to participate in voluntary associations,which assist in fulfilling one or
more of their affirmative action obligations(7a through 7p). The efforts of a contractor association,
joint contractor union, contractor community, or other similar groups of which the Contractor is a
member and participant may be asserted as fulfilling any one or more of its obligations under 7a through
7p of these specifications provided that the Contractor actively participates in the group,makes every
effort to assure that the group has a positive impact on the employment of minorities and women in the
industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and
female workforce participation,makes a good faith effort to meet its individual goals and timetables,
and can provide access to documentation which demonstrates the effectiveness of actions taken on
behalf of the Contractor. The obligation to comply,however,is the Contractor's and failure of such a
group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established. The
Contractor,however,is required to provide equal employment opportunity and to take affirmative
action for all minority groups,both male and female,and all women,both minority and non-minority.
Consequently, if the particular group is employed in a substantially disparate manner(for example, even
though the Contractor has achieved its goals for women generally),the Contractor may be in violation
of the Executive Order if a specific minority group of women is underutilized.
10.The Contractor shall not use the goals and timetables or affirmative action standards to discriminate
against any person because of race,color,religion, sex,or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and
of the Equal Opportunity Clause,including suspension,termination, and cancellation of existing
subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended, and its
implementing regulations,by the Office of Federal Contract Compliance Programs.Any contractor who
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fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive
Order 11246,as amended.
13.The Contractor,in fulfilling its obligations under these specifications,shall implement specific
affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these
specifications,so as to achieve maximum results from its efforts to ensure equal employment
opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the
implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR
part 60-4.8.
14.The Contractor shall designate a responsible official to monitor all employment related activity to
ensure that the company EEO policy is being carried out,to submit reports relating to the provisions
hereof as may be required by the Government, and to keep records. Records shall at least include for
each employee,the name,address,telephone number,construction trade,union affiliation if any,
employee identification number when assigned,social security number,race, sex,status (e.g.,mechanic,
apprentice,trainee,helper, or laborer), dates of changes in status,hours worked per week in the
indicated trade,rate of pay,and locations at which the work was performed. Records shall be
maintained in an easily understandable and retrievable form;however,to the degree that existing
records satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents(e.g.those under the Public Works Employment Act of 1977 and the
Community Development Block Grant Program).
Al2 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
SOLICITATION CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of
29 CFR part 201,the Federal Fair Labor Standards Act(FLSA),with the same force and effect as if
given in full text. The FLSA sets minimum wage, overtime pay,recordkeeping, and child labor
standards for full and part-time workers.
The [Contractor Consultant]has full responsibility to monitor compliance to the referenced statute or
regulation. The[Contractor I Consultant]must address any claims or disputes that arise from this
requirement directly with the U.S.Department of Labor—Wage and Hour Division.
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A13 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal,to the best of his or her
knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the Bidder or
Offeror,to any person for influencing or attempting to influence an officer or employee of an
agency, a Member of Congress,an officer or employee of Congress,or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of
any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement, and the extension, continuation,renewal, amendment, or modification of any
Federal contract,grant, loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency,a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan, or cooperative agreement,the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers(including subcontracts, subgrants,and contracts under
grants, loans, and cooperative agreements)and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file
the required certification shall be subject to a civil penalty of not less than$10,000 and not more than
$100,000 for each such failure.
A14 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
CONTRACT CLAUSE
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements
of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide
a work environment that is free from recognized hazards that may cause death or serious physical harm
to the employee.The employer retains full responsibility to monitor its compliance and their
subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act
of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a
referenced requirement directly with the U.S.Department of Labor—Occupational Safety and Health
Administration.
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A15 TAX DELINQUENCY AND FELONY CONVICTIONS
CERTIFICATION OF OFFERER/BIDDER REGARDING TAX DELINQUENCY AND
FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its
current status as it relates to tax delinquency and felony conviction by inserting a checkmark(V)in the
space following the applicable response.The applicant agrees that,if awarded a contract resulting from
this solicitation,it will incorporate this provision for certification in all lower tier subcontracts.
Certifications
1) The applicant represents that it is( )is not( ✓)a corporation that has any unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
2) The applicant represents that it is( )is not(✓)is not a corporation that was convicted of a
criminal violation under any Federal law within the preceding 24 months.
Note
If an applicant responds in the affirmative to either of the above representations,the applicant is
ineligible to receive an award unless the sponsor has received notification from the agency suspension
and debarment official(SDO)that the SDO has considered suspension or debarment and determined
that further action is not required to protect the Government's interests. The applicant therefore must
provide information to the owner about its tax liability or conviction to the Owner,who will then notify
the FAA Airports District Office,which will then notify the agency's SDO to facilitate completion of
the required considerations before award decisions are made.
Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twentyfour
(24)months of a felony criminal violation under any Federal law and includes
conviction of an offense defined in a section of the U.S. code that specifically classifies
the offense as a felony and conviction of an offense that is classified as a felony under 18
U.S.C. § 3559.
Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been exhausted,or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for
collecting the tax liability.
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A16 TERMINATION OF CONTRACT
TERMINATION FOR CONVENIENCE(PROFESSIONAL SERVICES)
The Owner may,by written notice to the Consultant,terminate this Agreement for its convenience and
without cause or default on the part of Consultant.Upon receipt of the notice of termination, except as
explicitly directed by the Owner,the Contractor must immediately discontinue all services affected.
Upon termination of the Agreement,the Consultant must deliver to the Owner all data, surveys,models,
drawings,specifications,reports,maps,photographs,estimates, summaries, and other documents and
materials prepared by the Engineer under this contract,whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will not
include anticipated profit on non-performed services.
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
TERMINATION FOR DEFAULT(PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that
are essential to the completion of the work per the terms and conditions of the Agreement. The party
initiating the termination action must allow the breaching party an opportunity to dispute or cure the
breach.
The terminating party must provide the breaching party [7] days advance written notice of its intent to
terminate the Agreement.The notice must specify the nature and extent of the breach,the conditions
necessary to cure the breach,and the effective date of the termination action. The rights and remedies in
this clause are in addition to any other rights and remedies provided by law or under this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or in part,for the
failure of the Consultant to:
1. Perform the services within the time specified in this contract or by Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance of the Project; or
3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination,the Consultant must immediately discontinue all services
affected unless the notice directs otherwise. Upon termination of the Agreement,the Consultant must
deliver to the Owner all data,surveys,models, drawings, specifications,reports,maps,photographs,
estimates,summaries, and other documents and materials prepared by the Engineer under this
contract,whether complete or partially complete.
Owner agrees to make just and equitable compensation to the Consultant for satisfactory work
completed up through the date the Consultant receives the termination notice. Compensation will not
include anticipated profit on non-performed services.
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 16
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are
incomplete as a result of the termination action under this clause.
If, after finalization of the termination action,the Owner determines the Consultant was not in default
of the Agreement,the rights and obligations of the parties shall be the same as if the Owner issued the
termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part,if
the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;
3. Suspends the Project for more than[180] days due to reasons beyond the control of the
Consultant.
Upon receipt of a notice of termination from the Consultant,Owner agrees to cooperate with
Consultant for the purpose of terminating the agreement or portion thereof,by mutual consent. If
Owner and Consultant cannot reach mutual agreement on the termination settlement,the Consultant
may,without prejudice to any rights and remedies it may have,proceed with terminating all or parts
of this Agreement based upon the Owner's breach of the contract.
In the event of termination due to Owner breach,the Engineer is entitled to invoice Owner and to
receive full payment for all services performed or furnished in accordance with this Agreement and
all justified reimbursable expenses incurred by the Consultant through the effective date of
termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents
that are incomplete as a result of the termination action under this clause.
A17 TRADE RESTRICTION CERTIFICATION
TRADE RESTRICTION CERTIFICATION
By submission of an offer,the Offeror certifies that with respect to this solicitation and any resultant
contract,the Offeror—
1) is not owned or controlled by one or more citizens of a foreign country included in the list of
countries that discriminate against U.S.firms as published by the Office of the United States
Trade Representative(USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is
a citizen or national of a foreign country included on the list of countries that discriminate
against U.S.firms as published by the USTR; and
3) has not entered into any subcontract for any product to be used on the Federal project that is
produced in a foreign country included on the list of countries that discriminate against U.S.
firms published by the USTR.
This certification concerns a matter within the jurisdiction of an agency of the United States of America
and the making of a false,fictitious, or fraudulent certification may render the maker subject to
prosecution under Title 18 USC Section 1001.
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 17
The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor
learns that its certification or that of a subcontractor was erroneous when submitted or has become
erroneous by reason of changed circumstances. The Contractor must require subcontractors provide
immediate written notice to the Contractor if at any time it learns that its certification was erroneous by
reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with
49 CFR 30.17,no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on
the list of countries that discriminate against U.S. firms published by the USTR or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign
country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render,in good faith,the certification required by this provision. The knowledge and
information of a contractor is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
The Offeror agrees that,if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in all lower tier subcontracts.The Contractor may rely
on the certification of a prospective subcontractor that it is not a firm from a foreign country included on
the list of countries that discriminate against U.S.firms as published by USTR,unless the Offeror has
knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an
award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous
certification,the Federal Aviation Administration(FAA)may direct through the Owner cancellation of
the contract or subcontract for default at no cost to the Owner or the FAA.
A18 VETERAN'S PREFERENCE
VETERAN'S PREFERENCE
In the employment of labor(excluding executive,administrative, and supervisory positions),the
Contractor and all sub-tier contractors must give preference to covered veterans as defined within Title
49 United States Code Section 47112. Covered veterans include Vietnam-era veterans,Persian Gulf
veterans,Afghanistan-Iraq war veterans,disabled veterans, and small business concerns(as defined by
15 USC 632)owned and controlled by disabled veterans. This preference only applies when there are
covered veterans readily available and qualified to perform the work to which the employment relates.
Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects
Issued on June 19, 2018—Edited for Ashland,OR, February 22, 2021 Page 18
EXHIBIT E
CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized
representative,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)Consultant
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. Consultant further represents and warrants
to City that: (a)it has the power and authority to enter into this Agreement and perform the
Work,(b)the Agreement,when executed and delivered,shall be a valid and binding obligation
of Consultant enforceable in accordance with its terms,(c)the work under the Agreement shall
be performed in accordance with the highest professional standards,and(d)Consultant is
qualified,professionally competent,and duly licensed(if applicable)to perform the Work.
Consultant also certifies under penalty of perjury that its business is not in violation of any
Oregon tax laws,it is an independent contractor as defined in the Agreement,it is authorized to
do business in the State of Oregon, and Consultant has checked four or more of the following
criteria that apply to its business.
✓ (1) Consultant carries out the work or services at a location separate from a private
residence or is in a specific portion of a private 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
f one year.
(6)Consultant assumes financial responsibility for defective workmanship or for
service not provided as evidenced by the ownership of performance bonds,
warranties,errors and omission(professional liability)insurance or liability insurance
relating to the Work or services to be provided.
k_.
Consult is ignature
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Date
Page 1 of 1: EXHIBIT E
REQUEST FOR PROPOSALS
QUALIFICATIONS BASED SELECTION
Professional Engineering Services
for
Project No. 2020-18,
Aviation Engineering Services at Ashland Municipal Airport
PROJECT NO: No. 2020-18,
PROJECT TYPE: Professional Engineering Services
PROPOSALS DUE: February 2, 2021, not later than 2:00 PM PST
SUBMIT PROPOSALS TO: City of Ashland Public Works Department-
Engineering, at 51 Winburn Way,Ashland
OR 97520;
or by mail to:
20 East Main Street,Ashland, OR 97520
CITY PROJECT MANAGER: Chance Metcalf, Project Manager
PROJECT DURATION: 60 Months
CITY OF
ASHLAND
PUBLIC WORKS ENGINEERING
20 E. MAIN STREET
ASHLAND OR 97520
541-488-5587
TABLE OF CONTENTS
TABLE OF CONTENTS 1
ADVERTISEMENT 3
SECTION 1-PROJECT OVERVIEW 5
1.1 OBJECTIVES 5
1.2 BACKGROUND INFORMATION 5
1.3 REFERENCE DOCUMENTS 6
SECTION 2-SCHEDULE 7
SECTION 3-SCOPE OF SERVICES 7
3.1 GENERAL REQUIREMENTS 7
3.2 SPECIFIC REQUIREMENTS 7
SECTION 4-EVALUATION CRITERIA 10
4.1 PROJECT APPROACH(20 POINTS POSSIBLE) 10
4.2 PROJECT EXPERIENCE(20 POINTS POSSIBLE) 10
4.3 PROJECT TEAM EXPERIENCE(30 POINTS POSSIBLE) 11
4.4 PROPOSERS DEMONSTRATED ABILITY TO SUCCESSFULLY COMPLETE SIMILAR PROJECTS ON TIME AND WITHIN BUDGET(30
POINTS POSSIBLE) 11
4.5 TERMINATION FOR DEFAULT(PASS OR FAIL) 11
4.6 SCORING 11
SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION 12
5.1 REVIEW AND ACKNOWLEDGMENT OF DEFECTIVE PROPOSALS 12
5.2 RIGHT OF REJECTION 12
5.3 REFERENCES 12
5.4 RESPONSIBILITY 13
5.5 CLARIFICATION OF RESPONSE 13
5.6 INTERVIEWS 13
5.7 FINALIST SELECTION 13
5.8 TIES AMONG PROPOSERS 13
5.9 NOTICE OF INTENT TO AWARD 14
5.10 CONTRACT NEGOTIATION 14
5.11 PROTEST PROCEDURES 14
5.12 RESULTING CONTRACT 15
SECTION 6-CONTRACT 15
6.1 CONTRACT FORM 15
6.2 BUSINESS LICENSE REQUIRED 16
6.3 INSURANCE REQUIREMENTS 16
6.4 LAWS AND REGULATIONS 17
SECTION 7-INSTRUCTIONS TO PROPOSERS 17
7.1 GENERAL 17
7.2 INFORMATION OF RECORD 17
7.3 PROPOSAL PREPARATION AND FORMAT 17
7.4 SIGNATURE ON PROPOSAL 18
7.5 PREPARATION COSTS 18
7.6 CONFORMANCE TO SOLICITATION REQUIREMENTS 18
7.7 DEFINITIONS 18
1
7.8 QUESTIONS AND CLARIFICATIONS 19
7.9 PROTEST OF REQUIREMENTS 19
7.10 PROTEST OF CONTRACT AWARD 20
7.11 PROPOSAL MODIFICATION 20
7.12 PROPOSAL WITHDRAWALS 20
7.13 PROPRIETARY INFORMATION 20
7.14 TERMS AND CONDITIONS 21
7.15 PROPOSAL OPENING 21
SECTION 8-PROPOSAL FORM 22
APPENDIX A-CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C 3
APPENDIX B-FORM W-9 3
2
VIM
ADVERTISEMENT
REQUEST FOR PROPOSALS
QUALIFICATIONS BASED SELECTION
for
PROFESSIONAL ENGINEERING SERVICES
The City of Ashland (City) is seeking written Proposals for professional engineering services for Project
No.2020-18,Aviation Engineering Services at Ashland Municipal Airport.This project is for the
execution of aviation-related professional engineering, and consulting services in accordance with the
Department of Transportation, Federal Aviation Administration Advisory Circular 150/5100-14E for
airport development projects at the Ashland Municipal Airport.
AIP-Parallel Taxiway Rehabilitation
• Provide all required preliminary engineering services including:
o Environmental services for project development
o Development of construction plans
o Development of cost estimates
o Development of specifications and contract documents
• Provide all required construction engineering services including:
o Contract administration
o Construction inspections
o Preparation of required reports, reviews andcertifications
o Preparation of final report and project closeout
Future Engineering Services and Protects (Separate from AIP Projects)
• Airport infrastructure construction and maintenance projects
• Construction projects required to meet FAA safety requirements
• FAA grant administration assistance
• Preparation of reports, reviews, plans and other documents required by FAA
• Other aviation-related engineering services
Written Proposals must be physically received by February 2,2021,not later than 2:00 PM PST(main
lobby clock), in the City of Ashland Public Works Engineering Office located at 51 Winburn Way,Ashland
OR 97520,or by mail at 20 East Main Street,Ashland, OR 97520. Proposers mailing Proposals should
allow normal delivery time to ensure the timely receipt of their Proposals. Any Proposal received after
the date and time set for receipt of Proposals will not be considered and will be returned to the
proposer unopened. For further information, contact the City's Project Manager,Chance Metcalf,
Project Manager at 541-488-5587 or by email at chance.metcalf@ashland.or.us. Consultant selection is
anticipated to result in the issuance of a contract for professional engineering services in a form
substantially similar to the one provided in this RFP.
Solicitation documents may be downloaded from the Oregon Procurement Information Network
(ORPIN). Any addenda relating to this RFP that may be issued will be available from ORPIN,and
potential proposers are cautioned to continuously monitor the ORPIN site for updates and addenda.
All Proposals shall be submitted as set forth in Section 7-Instructions to Proposers. The City is not
responsible for Proposals submitted in any manner,format,or to any delivery point other than as
3
required by this RFP. Proposals shall be limited to six(6) pages and must include the services of a
professional engineer registered in Oregon.
Consultant selection will be based upon weighed criteria as set forth in this RFP. Such criteria shall
include, but not be limited to the following: similar project experiences,general experience,staffing
availability,schedule, and response time.
The City of Ashland reserves the right to cancel this procurement or reject any and all Proposals in
accordance with ORS 2796.100.
Scott A. Fleury, PE, Public Works Director
First date of solicitation: January 5,2021
RFP for Project No. 2020-18
4
CITY OF ASHLAND
PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSALS—QUALIFICATIONS BASED SELECTION
PROJECT NO. No.2020-18,
Aviation Engineering Services at Ashland Municipal Airport
SECTION 1-PROJECT OVERVIEW
1.1 Objectives
The City of Ashland (City) is seeking Proposals from professional engineering consultants for Project No.
No.2020-18,Aviation Engineering Services at Ashland Municipal Airport.The purpose of this project is
for execution of aviation-related professional engineering and consulting services in accordance with the
Department of Transportation, Federal Aviation Administration Advisory Circular 150/5100-14E for
airport development projects at the Ashland Municipal Airport.
Project No. 2020-18 will include, but is not specifically limited to,the following tasks and phases:
AIP-Parallel Taxiway Rehabilitation
• Provide all required preliminary engineering services including:
o Environmental services for project development
o Development of construction plans
o Development of cost estimates
o Development of specifications and contract documents
• Provide all required construction engineering services including:
o Contract administration
o Construction inspections
o Preparation of required reports, reviews and certifications
o Preparation of final report and project closeout
Future Engineering Services and Projects (Separate from AIP Projects)
• Airport infrastructure construction and maintenance projects
• Construction projects required to meet FAA safety requirements
• FAA grant administration assistance
• Preparation of reports, reviews, plans and other documents required by FAA
• Other aviation-related engineering services
1.2 Background Information •
The City of Ashland owns and operates the Ashland Municipal Airport-SO4(AMA) located northwest of
Dead Indian Memorial Road in Southern Oregon.The airport occupies 94 acres of land located within
the City limits of Ashland.The airport is listed as a General Aviation Airport under the National Plan of
Integrated Airport System with a FAA reference code of B-1(small aircraft).The single runway, listed as
Runway 12/30, is a 75-feet-wide,3,600-feet-long asphalt runway.
Nearly all capital projects at AMA have been funded through grants from the FAA or the Oregon
Department of Aviation (ODA).
ALP—Parallel Taxiway Rehabilitation Project involves engineering, permitting,environmental review,
construction and construction administration of a general mill and overlay of the taxiway, new
subsurface drainage, new taxiway edge lights, and a new lighted mandatory hold position sign. The
Parallel taxiway is currently shown in the 2016 ODA pavement maintenance report as satisfactory to
poor ranging from 71-80. This project will be funded through an AIP grant.
5
1.3 Reference Documents
The Airport Master Plan completed in January of 2020 which includes the current five-year list of
projects previously stated in this solicitation is available as well as the 2019 Pavement
Evaluation/Maintenance Management Program for the Ashland Municipal Airport.
6
SECTION 2-SCHEDULE
The schedule of events listed below represents City's estimated schedule for this project. This schedule is
SUBECT TO CHANGE and will be adjusted as required.
EVENT DAILY COUNT(CALENDAR DAYS) DATE
1. Request for Proposal Released 0 1/5/2021
2. Last Date for Request for changes/Protest for 10 days prior to Proposal Closing 1/23/2021
specifications/Questions
3. Last Date for City to Post Addenda 3 days prior to Proposal Closing 1/30/2021
4. Closing Date (last day to submit Proposals) —30 days after Proposal Release 2/2/2021
5. Responses Evaluated ^'15 days after Closing Date 2/17/2021
6. Interviews Held (if necessary) "'25 days after Closing Date 2/27/2021
7. Intent to Award Announced —30 days after Closing Date 3/4/2021
8. Contract Negotiations ^'40 days after Closing Date 3/14/2021
9. Expected Project Completion (all phases) 60 months after Contract Award 4/1/2026
SECTION 3-SCOPE OF SERVICES
3.1 General Requirements
• Personnel, Materials,& Equipment:The Consultant shall provide qualified and competent personnel and
shall furnish all supplies, equipment,tools and incidentals required to accomplish the work. All materials
and supplies shall be of good quality and suitable for the assigned work.
• Safety Equipment: The Consultant shall provide and use all safety equipment including, and not limited to
hard hats,safety vests and clothing required by State, Federal regulations and Department policies and
procedures.
• Professional Responsibilities: The Consultant shall perform the work using the standards of care,skill and
diligence normally provided by a professional in the performance of such services in respect to similar work
and shall comply will all applicable codes and standards.
• Project Management: The Consultant and the City staff will meet as required during project duration. The
objectives of the meeting will include reviewing the scope, budget,schedule and deliverables.The
Consultant will organize and manage the consultant project team and coordinate with city project manager
and City staff. F
• Monthly Invoices and Progress Reports:The Consultant shall prepare monthly invoices and progress reports
including the following:
- Work Completed during the month by work task as a percentage of completion.
- Needs for Additional Information, Reviews,or Changes to the Scope of Work.
- Scope,Schedule, and Budget Issues and Changes.
3.2 Specific Requirements
The City of Ashland (City) is seeking professional consultant services for Project No. 2020-18,Aviation
Engineering Services at Ashland Municipal Airport. This project involves the execution of aviation-related
professional engineering and consulting services in accordance with the Department of Transportation, Federal
Aviation Administration Advisory Circular 150/5100-14E for airport development projects at the Ashland
Municipal Airport.This proposal will also establish the qualifications of consultant(s)for the development of
future aviation-related engineering services projects at Ashland Municipal Airport to be undertaken within five
(5)years from the submittal date of this RFP.
Proposers must demonstrate experience and knowledge of Federal Aviation Administration (FAA) regulations,
policies,and procedures and must have experience in design and development of similar aviation-related
projects.
CONSULTANT DUTIES
ALP—Parallel Taxiway Rehabilitation
Professional services to be provided by the consultant will include civil engineering services required to
accomplish the following items:
PHASE 1-PRELIMINARY DESIGN
The preliminary design phase is intended to identify and evaluate alternatives to assure cost effective and
practical solutions for the work items identified. The consultant,will complete its evaluation of alternatives
through contacts with local authorities and review of the pre-application,field investigations, and a practical
design approach. The design will take advantage of local knowledge and experience and utilize expertise from
recent construction projects to design a cost-effective project and ensure competitive construction bids. State
project elements should follow FAA protocols for prioritization including Safety,standards, minimization of cost
and impact to airport operations in this order. Activities include:
a. Coordinate with airport Fixed Base Operator(FB0)to minimize impacts in day-to-day operations of the
airport.
b. Prepare a preliminary estimate of probable construction costs and schematic design for each element of
the project.
c. Provide all pavement and subsurface investigation and analysis and other nondestructive testing and
analysis required for the design.
d. Coordinate with the airport's project manager for required survey information.
e. Prepare an overall construction phasing plan in order to maximize project constructability and minimize
interference with airport operations following FAA Prioritization protocols.
f. Determine aircraft usage through coordination with FBO and information furnished by the City. Design
the pavements to meet the anticipated aircraft traffic.
PHASE 2- ENGINEERING PHASE ACTIVITIES
a. Evaluate local conditions.
1. Evaluate local material suppliers, sources, and capabilities.
2. Evaluate drainage alternatives.
b. Review and evaluate project layout.
1. Verify master plan dimensions and data.
2. Review findings and recommendations with City staff.
c. Complete necessary topography and site surveying, including establishment of project control points.
d. Complete preliminary plan and profile design for the taxiway mill and overlay including drainage,edge
lights and hold position light.
e. Provide recommendations for construction phasing to City for their review.
f. Complete estimates of probable construction costs for the recommended alternatives.
g. Provide three sets of review documents.
h. Complete the preliminary design report including:
1. Topographical survey.
2. Preliminary plans.
3. Pavement section design and analysis.
4. Drainage design analysis.
5. Estimates of probable construction costs.
6. Final summary and recommendations.
7. Phasing and scheduling recommendations.
i. Solicit comments on the engineering design from City staff, FRO and the FAA.
PHASE 3-FINAL DESIGN
In the final design phase,the consultant will provide well-defined construction requirements,with selected bid
alternatives as appropriate to provide a basis for competitive construction bids. Construction schedules will be
closely coordinated to assure the best possible weather conditions and the least possible interference with
airport operations. Consultant will also assist City with the advertisement, notification of local airport users,and
generally complete the final construction contract documents for the project. The following outline describes in
greater detail the tasks and products:
a. Incorporate preliminary design comments and respond as necessary to requests for additional
information.
b. Provide final design drawings,specifications,and final estimate of probable construction costs and
schedule for the project.
c. Provide Engineering Report.
d. Develop specifications using Advisory Circular 150/5370-10,Standards for Specifying Construction of
Airports,as amended,and utilize standard provisions supplied by the sponsor.
e. Develop a safety plan in accordance with AC 150/5370-2, Operational Safety on Airports During
Construction.
f. Design all improvements in accordance with FAA standards and guidelines and in accordance with the
Airport Certification Manual.
g. Coordinate the design of the project with existing and ultimate grades established at adjacent areas.
h. Provide for all required design of utilities and services within the area defined in the preliminary design.
i. Complete final quantity calculations.
j. Solicit sponsor and FAA review and approval.
k. Provide fifteen (15)sets of contract documents.
I. Assist City with advertising and interpretation of project requirements.
m. Assist City with preparation of the FAA application.
n. Provide technical assistance and recommendations to the City during construction.
The consultant will advise the sponsor as to options available for reducing construction costs to stay
within the budget, if it appears that likely consultant bid prices will exceed this budget.
o. The design schedule to meet FAA requirements places the bid opening date in April 2022.All consultant
activities must be designed to meet that schedule.
PHASE 4-CONSTRUCTION SERVICES
During the construction phase of the project,the consultant will assist the City to monitor and document
progress for quality and cost. Review contractor payment requests,complete necessary quality control testing,
establish necessary survey control,continually inform the.City on project progress and problems,conduct the
final project inspection,and complete the associated certification.
a. Assist with pre-bid conference. Issue addenda's, prepare an abstract of bids,and make
recommendations for award.
b. Assist in award notification to successful bidder and notify and return bid bonds to the unsuccessful
bidders.
c. Solicit and review bonds, insurance certificates,construction schedules,etc.
d. Conduct preconstruction conference.
e. Complete construction staking and provide horizontal and vertical control.
f. Provide resident project representative to monitor and document construction progress,confirm
conformance with schedules, plans and specifications, measure and document construction pay
quantities, document significant conversations or situations,document input or visits by local
authorities, etc.
g. Prepare change orders and supplemental agreement, if required.
h. Provide review of all submittal and shop drawings during construction.
i. Prepare and submit inspection reports.
j. Prepare and confirm monthly payment request.
k. Conduct necessary quality control testing.
I. Conduct and document periodic wage rate interviews.
m. Conduct a final project inspection with airport personnel,the FAA, and the consultant.
n. Prepare as-constructed drawings and the final project from information furnished by the consultant.
SECTION 4-EVALUATION CRITERIA
Written Proposals will be evaluated and scored, and a contract may be awarded based upon the proposer's
qualifications and experience as described below:
4.1 Project Approach(20 Points Possible)
Provide a description of your firm's approach to completing similar airport/aviation projects. Include a
summary of prior partnerships with FAA. Include a summary of your quality control program.
4.2 Project Experience(20 Points Possible)
a. Describe how your firm is organized and how its resources will be utilized to complete the work.
b. Provide a summary of relevant FAA and Airport work experience.
c. Provide a concise description of at least three (3) projects in the last ten (10)years, involving similar
work to those listed in the scope of work.
d. Indicate which members of the proposed project team, if any,who worked on the example projects, and
their involvement. These team members should be included in the Key Persons list submitted in 4.3(b)
below. ,
e. Submit references for three of the projects described above. Include the Owners name,organization
name,contact name,contact email and phone.
4.3 Project Team Experience(30 Points Possible)
a. Provide a description of the proposed organizational structure to be used for the project.
b. Provide a list of the key staff proposed for this project("Key Person(s)"). Be specific on the individuals
that will play primary roles in development of the required engineering and their experience working
with the FAA and Airport improvement projects. Provide a concise summary of each key person(s)'s role,
and a description of their relevant experience for this project.
c. Submit resumes that support each Key Person's relevant experience. No more than five resumes should
be submitted as Appendix A, and will not count against page limit.
d. Indicate which individual will manage the project and be the primary contact. Indicate the specific
experience this individual has managing Airport improvement projects.
e. State the estimated proportion of each Key Person's time that will be spent on City's project vs.total
time spent on all Key Person's projects during the term of contract.
4.4 Proposer's Demonstrated Ability to Successfully Complete Similar Projects on Time and Within Budget(30
Points Possible)
For each of the three(3) projects listed in response to 4.2(c), provide a discussion of whether the project
was completed on time and on budget or needed to be revised. Briefly explain the reason for any
revisions,and what attempts were made to bring the project back on schedule and within budget.
4.5 Termination for Default(Pass or Fail)
Proposers shall indicate if they have had a contract terminated for default in the last five (5)years.
Termination for default is defined as notice to stop performance that was delivered to the Proposer due
to the Proposer's non-performance or poor performance and the issue of performance was either(a) not
litigated due to inaction on the part of the Proposer,or(b) litigated and determined that the Proposer
was in default.
NOTE: If a Proposer has had a contract terminated for default in this period,then the Proposer shall
submit full details including the other party's name, address and phone number. City of Ashland will
evaluate the facts and may,at its sole discretion, reject the Proposal on the grounds of past
performance.
4.6 Scoring
CATEGORY POSSIBLE POINTS POINTS SCORING
1. Project Approach 20
2. Project Experience 20
3. Project Team Experience 30
4. Demonstrated Ability to Successfully 30
Complete Projects on Time and Within Budget
6. Termination for Default P/F
Total 100
SECTION 5-EVALUATION PROCESS AND CONSULTANT SELECTION
Proposals will be reviewed and evaluated by an evaluation committee consisting of at least three (3) City
employees. The total number of points possible for written Proposals is 100, and an additional 100 points may
be scored through the interview process.
5.1 Review and Acknowledgment of Defective Proposals
Due to limited resources, City generally will not completely review or analyze Proposals that on their faces fail to
comply with the minimum mandatory requirements of this RFP nor will City generally investigate the references
or qualifications of such proposals. Therefore,City will not acknowledge whether or not an unsuccessful
Proposal was complete, responsive, responsible,sufficient,or lawful in any respect. This is a public solicitation,
the processes and procedures which are established and required by Oregon law and City-adopted rules.
Proposers are advised to strictly follow the process, procedures, and requirements as set forth in this RFP and
not anticipate or rely on any opportunity to negotiate, beyond such limitations that are identified herein.
5.2 Right of Rejection
Proposers must comply with all terms of this RFP and all applicable federal,state,and local laws, administrative
rules, and regulations. The City may reject any Proposal that does not comply with all of the material and
substantial terms, conditions, and performance requirements of this RFP.
Proposers may not qualify the Proposal nor restrict the rights of the City. If a Proposer does so,the City may
determine the Proposal to be a non-responsive counteroffer,and the Proposal may be rejected.
Minor informalities that may be waived include those that:
• do not affect responsiveness,
• are merely a matter of form or format,
• do not change the relative standing or otherwise prejudice other offers,
• are trivial, negligible,or immaterial in nature,
• do not reflect a material change in the work,or,
• do not constitute a substantial reservation against a requirement or provision.
City reserves the right to refrain from making an award if the City determines that to be in its best interest.
A Proposal from a debarred or suspended Proposer shall be rejected.
5.3 References
The City reserves the right to investigate any and all references and the past performance information provided
in the Proposal with respect to the proposer's successful performance of similar projects,compliance with
specifications and contractual obligations,completion or delivery of a project on a schedule, and lawful payment
of employees and workers.
The City reserves the right to check any and all sources for information on a proposer's past performance,
including sources other than the references provided in the proposer's Proposal. The City may consider
information available from any source, including government bodies and regulatory authorities.
5.4 Responsibility
The City reserves the right to investigate and evaluate, at any time prior to award and execution of the contract,
the apparent successful Proposer's responsibility for performing the contract. Submission of a signed Proposal
shall constitute approval for City to obtain any information City deems necessary to conduct evaluation. City
reserves the right to request additional information or documentation from the successful Proposer prior to
award of contract. Such information may include, but is not limited to,current and recent balance sheets,
income statements, cash flow statements,or a performance bond from an acceptable surety. Failure to provide
this information will result in rescission of City's Intent to Award.
City may postpone the award of contract after announcement of the apparent successful Proposer in order to
complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate
responsibility shall render the Proposer non-responsible and shall constitute grounds for rejection of the
proposal.
5.5 Clarification of Response
City reserves the right to request clarification of any item in any Proposal,or to request additional information
necessary to properly evaluate a particular Proposal. All request for clarification and responses shall be in
writing.
During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation
Committee within 72 hours of request(Monday through Friday). Inability of the Evaluation Committee to reach
a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection
of the Proposer's Proposal.
5.6 Interviews
The outcome of the Proposal evaluations may result in placement on an interview(short-listed)with time and
date of the interview. Should City elect to hold interviews,the total additional points possible for the interview
will be 100.
City may invite up to three (3)of the highest-ranked firms (or at a natural break in scoring)to interview. The
firm's Key Persons, as identified by City shall be prepared to attend the interview within five (5) business days of
notification by City,and shall be prepared to answer questions provided with the Interview Invite letter,and
questions that will be provided at the time of the interview,and discuss the Firm's proposed project approach.
5.7 Finalist Selection
The firm with the highest total score as a result of written Proposal scoring and interview scoring, if conducted,
will be considered the Finalist, and all other firms will be ranked according to next highest score,etc.
5.8 Ties among Proposers
If City determines after the ranking of potential firms,that two or more of them are equally qualified to be the
Finalist, City may select a candidate through any process that the City believes will result in the best value for
taking into account the scope,complexity and nature of the Work. The process shall instill public confidence
through ethical and fair dealing, honesty and good faith on the part of City and Proposers and shall protect the
integrity of the public contracting process.
5.9 Notice of Intent to Award
After the completion of the evaluation and ranking,the City will issue a written Notice of Intent to Award,
naming the Finalist,and send a copy of the Notice to all Proposers.
5.10 Contract Negotiation
City will begin negotiating a formal Scope of Work for the project and,subsequently, a fee structure the fees for
•- :'• , . _• ..• • - _ _ .- _ _',with the highest ranked Proposer. Negotiations will
specifically be focused on obtaining written agreement on:
a) Contractor's performance obligations and schedule;and any expansion of the Scope of Work.
b) Contractor's fees, payment methodology, and a maximum amount payable to Contractor for the
Work required under the Contract that is fair and reasonable to City determined solely by City,
taking into account the value,scope,complexity and nature of work.
c) Any other provisions City believes to be in the City's best interest to negotiate.
d) Initial negotiations will be based upon Phase 1 of the project.
City shall,either orally or in writing,formally terminate negotiations with the highest ranked Proposer if City and
Proposer are unable for any reason to reach agreement on a Contract within a reasonable amount of time. City
may thereafter negotiate with the second ranked Proposer, and if necessary,with the third ranked Proposer,
and so on, until negotiations result in a Contract. If negotiations with any Proposer do not result in a Contract
within a reasonable amount of time, as determined solely by City,City may end the particular formal solicitation.
Nothing in the rule precludes City from proceeding with a new formal solicitation for the same Work described
in the RFP that failed to result in a Contract.
5.11 Protest Procedures
City shall provide to all Proposers a copy of the selection notice that City sent to the highest ranked Proposer. A
Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest
ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest must
claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher ranked
Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers otherwise are not
qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related Services described in
the RFP.
Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow
these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy
available to Proposers.
a) Protests must be received within seven (7) days after issuance of the notice of intent to award the
Contract. City will not consider late protests.
b) All protests must be in writing,signed by the protesting party or an authorized Agent. The protest
must specify the grounds for the protest to be considered by the City
c) Protests based on procedural matters will not be considered.
d) The City's Public Works Director will review the protest and will fax and mail the protesting party a
written response within three(3) business days of receipt of the written protest to the fax number
and address provided in the proposal. Any written response may be comprised of a determination
of the protest, a notice to the protesting party of the need for additional time in which to evaluate
the matter,or other notice to the protesting party.
e) If the Public Works Director's determination (response) is adverse to the protester,any further
appeal of the Public Works Director's determination by the party must be submitted in writing to
the City Administrator within three (3) business days of issuance of the Public Works Director's
determination (response).
f) The City Administrator will review any appeal of the Public Works Director's determination and shall
fax and mail, in accordance with the fax number and address provided in the proposal,the
protesting party a written response within three(3) business days of receipt of written appeal.
g) If the determination of the City Administrator is adverse to the protesting party's interest,the
protesting party may only appeal to the City Council by filing a written notice of appeal to the
Council with the City Administrator within two (2) business days of issuance of the City
Administrator's written determination.
h) The Council, in considering the protest,shall review the documentation presented to the Public
Works Director and the City Administrator on the next regularly scheduled Council Meeting, but in
no event shall they be required to review in less than ten (10) business days,and thereafter, base
their decision on such material. The Council review will be limited to the evaluation of compliance.
with City's policies and procedures, requirements of the RFP and the equal and fair application of
City's contracting rules. The City Council's determination shall be City's final decision.
An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies
before seeking judicial review of City's Consultant selection or Notice of Intent to Award.
5.12 Resulting Contract
Upon reaching final agreement with regard to fees and a final scope of work with an awarded Proposer,the City
will issue a Personal Services Agreement("PSA"), in substantially the form as found in the Appendix of this RFP.
The PSA will include the City's Standard Terms and Conditions, FAA Contract Provisions any other required terms
and conditions,the final Scope of Work, and fees.
SECTION 6-CONTRACT
6.1 Contract Form
The consultant selected by the City will be expected to enter into a written contract in substantially the same
form as attached to this RFP. The Proposal should indicate acceptance of the City's contract provisions.
Suggested reasonable alternatives that do not substantially impair City's rights under the contract may be
submitted as outlined under Section 5.11. Unconditional refusal to accept contract provisions will result in
Proposal rejection.
Contract Duration—60 Months
Contract Payment—Contingent upon City's need,consultant's performance and availability of approved funding,
City reserves the right to amend the contract(within the scope of the project described in this RFP)for
additional tasks, project phases and compensation as necessary to complete a particular project. Proposers are
advised that the award and potential dollar amount of the contract under this RFP will be contingent upon
approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of,or acceptable monthly progress on,tasks and deliverables in
conformance with contract requirements and applicable standards. The method of compensation will be
determined by the City and may be based upon any one or combination of the following methods:
• Cost plus fixed-fee, up to a maximum NTE amount
• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone
• Time and materials, up to a maximum NTE amount(City preferred method)
• Price per unit
Ashland Living Wage Requirements—Consultant is required to comply with Chapter 3.12 of the Ashland
Municipal Code by paying at least the living wage as established by the City of Ashland on June 30,2018
($15.74 per hour):
• For all hours worked under a service contract between their employer and the City if the contract
exceeds$22,002.43 or more.
• For all hours worked in a month if the employee spends 50%or more of the employee's time in that
month working on a project or portion of business of their employer, if the employer has ten or more
employees and has received financial assistance for the project or business from the City in excess of
$22,002.43.
• Contractor is also required to post the notice included in the appendix predominantly in areas where it
will be seen by all employees.
• In calculating the living wage for full time employees,employers may add the value of health care,
retirement,401K and IRS eligible cafeteria plans,and other benefits to the employee's wages. The City
of Ashland Living Wage Statement is appended to the sample contract included in the appendix.
6.2 Business License Required
The selected consultant must have or acquire a current City of Ashland business license prior to conducting any
work under the contact.
6.3 Insurance Requirements
Contactor 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
$2,000,000 per occurrence. This is to cover damages caused by any error,omission,or negligent act
related to the professional services to be provided under the contract.
c. General Liability insurance with a combined single limit,or the equivalent,of not less than$2,000,000
per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the
indemnity provided under the contract.
d. Automobile Liability insurance with a combined single limit,or the equivalent, of not less than
$1,000,000 per occurrence 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 contractor or its
insurer(s)to the City.
Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland,Oregon,and its elected
officials,officers and employees as additional insurers on any insurance policies required herein but only with
respect to contractor's services to be provided under this contract. As evidence of the insurance coverage
required by this contract,the contractor shall furnish acceptable insurance certificates prior to commencing
work under this contact. The certificate will specify all of the parties who are additional insures. The
consultant's insurance is primary and non-contributory. 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 contractor shall be financially responsible for all pertinent deductibles,self-insured retention and/or
self-insurance.
6.4 Laws and Regulations
The proposer is assumed to be familiar with all Federal,State,County or City laws or regulations,which in any
manner affect those engaged or employed in the work or the materials or equipment used or which in any way
affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance
thereof. If the proposer shall discover any provision in these specifications or project information, plans or
contract documents which is contrary to or inconsistent with any law or regulations,they shall report it to the
City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal,State, County and local laws,
regulations and ordinances. Unless otherwise specified,the contractor shall be responsible for applying for
applicable permits and licenses.
SECTION 7-INSTRUCTIONS TO PROPOSERS
7.1 General
All proposals and any resulting contracts are subject to the requirements of the Oregon Public Contracting Code
and Chapter 2.50 of the Ashland Municipal Code.
7.2 Information of Record
This Request for Proposal (RFP)will be distributed through the Oregon Procurement Information Network
(ORPIN). All updates,addendum, and related communications will be published through ORPIN. All prospective
proposers are advised to continuously monitor the website for information regarding this proposal. It is the sole
responsibility of the proposer to check the website on a timely basis for critical information regarding the
proposal.
7.3 Proposal Preparation and Format
• Proposals shall be typewritten in 12-point font minimum.
• Except for proposer attachments, proposal form,cover letter and resumes,the Proposal shall contain no
more than six(6) pages.
• Proposal narrative must follow along with scoring criteria sections
• No oral,telegraphic,telephone or facsimile Proposals shall be accepted.
• The electronic submission of a Proposal will not be permitted.
• To be considered,all Proposals must be received by the City prior to the date and time set for closing.
• A total of six(6) original (wet signatures), complete Proposals shall be submitted to the City prior to the
date and time set for closing.
• One(1) digital copy of the complete Proposal shall be submitted on a CD or thumb drive.
7.4 Signature on Proposal
Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a Proposal
certifies that the Proposal is made without connection with any person,firm or corporation making a proposal
for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on
a Proposal also certifies that the proposer has read,fully understands and agrees with all solicitation
requirements,terms and conditions. No consideration will be given to any claim resulting from proposing
without fully comprehending all requirements of this Request for Proposals.
7.5 Preparation Costs
The City may cancel a solicitation,whether informal or formal,or reject all Proposals,without liability incurred
by City at any time after issuing an RFP, if City believes it is in City's best interest to do so. Consultants
responding to RFPs are responsible for all costs they may incur in connection with submitting.Proposals and
responses to RFPs including, but not limited to, preparation,submittal,travel expenses, interviews, and
presentations of any Proposal.
7.6 Conformance to Solicitation Requirements
Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments
(Independent Contractor Certification,etc.)shall be submitted with the Proposal and in the required format.
Failure to comply with all requirements may result in Proposal rejection.
7.7 Definitions
For the purpose of this RFP:
"Agency"or"City" means City of Ashland.
"AMA" means Ashland Municipal Airport
"Business days" means calendar days,excluding Saturdays,Sundays and all City recognized holidays.
"Calendar days"or"days" means any day appearing on the calendar,whether a weekday,weekend day,
national holiday,State holiday or other day.
"Council" means City of Ashland Council
"Department" means the City of Ashland Engineering Department.
"FAA" means Federal Aviation Administration.
"FBO" means Fixed Base Operator.
"Manager" means the City of Ashland Project Manager.
"ODA" means Oregon Department of Aviation.
"Proposers"-All firms submitting proposals are referred to as Proposers in this document;after negotiations,an
awarded Proposer will be designated as "Consultant".
"Qualification Based Selection"or"QBS"(for the purposes of this RFP) means evaluations and scoring of
proposals based on qualifications, experiences and project approach,without considering cost.
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies needed to complete the
work's purpose and objectives,and an overview of the performance outcomes expected by Agency.
"Services" means the services to be performed under the Contract by the Consultant.
"Statement of Work"means the specific provision in the final contract which sets forth and defines in detail
(within the identified Scope of Work)the agreed-upon objectives, expectations, performance standards,
services, deliverables,schedule for delivery and other obligations.
7.8 Questions and Clarifications
All inquiries,whether relating to the RFP process, administration, deadline or award,or to the intent or technical
aspects of the services, must be submitted in writing to the City's Project Manager listed in the advertisement
for this RFP,at 20 East Main Street,Ashland, Oregon 97520. All questions must be received not later than ten
(10)calendar days prior to the date and time set for closing.
Answers to questions received by City,which are deemed by City to be substantive,will be issued as official
addenda to this RFP to ensure that all proposers base their proposals on the same information. When
appropriate, as determined by City in its sole discretions,revisions,substitution or clarification of the RFP or
attached terms and conditions,an official addendum to this RFP will be issued. Proposer shall indicate receipt of
all issued addenda by indicating the number of addendums received on the Proposal Form.
Any addendum or addenda issued by the City which may include changes,corrections, additions, interpretations
or information, and issued seventy-two (72) hours or more before the scheduled closing time for submission of
bids,Saturday,Sunday and legal holidays not included,shall be binding upon the proposer. The City may elect
to email addendum to registered proposers but will do so as a courtesy only. All official addendums will be
issued through ORPIN and it shall be the proposer's sole responsibility to acquire any and all addendum
pertaining to RFP. The proposer is strongly cautioned to monitor this site on a continual basis.
7.9 Protest of Requirements
Proposers may submit a written protest of any provision,specification or contract term contained in this RFP
and may request a change to any provision,specification or contract term contained in this RFP, not later than
ten (10)calendar days prior to the advertised proposal closing date.
A proposer's written protest must meet the following requirements:
• A detailed statement of the legal and factual grounds for the protest.
• The reason for the protest or request for change.
• A statement of the form of relief requested or any proposed changes to the specifications or contract
document.
All protests shall be mailed or otherwise delivered to the City marked as follows:
PROPOSAL PROTEST
Proposal No. No.2020-18,
City of Ashland Public Works Dept.
ATTN: Chance Metcalf, Project Manager
20 East Main St
Ashland,OR 97520
City Response:The City may reject without consideration a proposer's protest after the deadline established for
submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a protest. If the
City agrees with the proposer's protest, in whole or in part,the City shall either issue an addendum reflecting its
determination or cancel the solicitation.
Extension of Closing:If the City receives a written protest from a proposer in accordance with this rule,the City
may extend closing if the City determines an extension necessary to consider the protest and to issue addenda,
if any,to the solicitation of document.
Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS.
279B.405.
7.10 Protest of Contract Award
Every Proposer who submits a proposal shall be notified of its selection status. Any Proposer who claims to have
been adversely affected or aggrieved by the selection of another or any Proposer who contends that the
provisions of this RFP or any aspect of the procurement process has promoted favoritism in the award of the
contract or has substantially diminished competition, must file a written protest to this RFP within seven (7)
calendar days after the date of the notice of intent to award. Failure to file a protest will be deemed a waiver of
any claim by an offeror that the procurement process violates any provision of ORS Chapters 279A,279B, or
279C,the City of Ashland Municipal Code, or the City's procedures for screening and selection of persons to
perform personal services.
7.11 Proposal Modification
Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the
proposal. Proposals,once submitted, may be modified in writing before the time and date set for proposal
closing. Any modification shall be prepared on company letterhead,shall be signed by an authorized
representative, and shall state that the new document supersedes or modifies prior proposal submissions and
any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly
marked "Proposal Modification," identifying the RFP number and closing date and time. Proposers may not
modify proposals after proposal closing date and time.
7.12 Proposal Withdrawals
Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and
received by the Engineering Services Manager prior to the date and time set for closing. Proposals may be
withdrawn in person before closing time upon presentation of appropriate identification.
7.13 Proprietary Information
The City is subject to the Oregon Public Records Laws (ORS 192.311 to 192.478),which require the City to
disclose all records generated or received in the transaction of City business, except as expressly exempted. The
City will not disclose records submitted by a Proposer that are exempt from disclosure under the Oregon Public
Records Law,subject to the following procedures and limitations.
The entire Proposal cannot be marked confidential.
All pages containing the records exempt from disclosure shall be marked "confidential" and segregated in the
following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other Proposal documents in a separate envelope or package
• Where the specification conflicts with other formatting and response instruction specifications,this
specification shall prevail.
• Where such conflict occurs,the Proposer is instructed to respond with the following: "Refer to
confidential information enclosed."
• This statement shall be inserted in the place where the requested information was to have been placed.
Proposers who desire that additional information be treated as confidential must mark those pages as
"confidential." Proposers shall also cite the specific statutory basis for the exemption and give the reasons why
the public interest would be served by the confidentially. Should a Proposal be submitted as described in this
section, no portion of it will be held confidential unless that portion is segregated as described in the criteria
above.
Notwithstanding the above procedures,the City reserves the right to disclose information that the City
determines, in its sole discretion,is not exempt from disclosure or that the City is directed to disclose by the
City's Attorney,the District Attorney,or a court of competent jurisdiction.
7.14 Terms and Conditions
Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract
or exhibits thereto,the City will not negotiate any term or condition after the protest deadline,except the
statement of work, pricing,and calendar with the selected proposer. By submitting a Proposal,the selected
proposer agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and
conditions may have been modified or reserved by the City for negotiation. Any Proposal that is received
conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected.
7.15 Proposal Opening
Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and
time set for closing at the Engineering Services Building at 51 Winburn Way,Ashland,Oregon 97520. Proposers
who attend the Proposal opening shall be informed only of the names of the Proposers submitting Proposals.
No other information shall be available, and no copies of the Proposals shall be made. Award decisions will NOT
be made at that time.
SECTION 8-PROPOSAL FORM
Proposals should be prepared and organized in a clear and concise manner and must include all information
required by this RFP. Headers,Titles or Tabs should be used to identify required information. Responses to the
Evaluation Criteria found in Section 4 shall be organized in the same order listed in that Section, preferably by
re-stating the criteria and then responding below the restated criteria.
REQUIRED RESPONSE DOCUMENTS
THE FOLLOWING INFORMATION MUST BE RETURNED WITH YOUR RESPONSE:
(Place a check in front of the item indicating inclusion in your response)
❑ RESPONSE TO ALL EVALUATION CRITERIA listed in Section 4
n SECTION 8—Proposal Form
❑ Independent Contractor Certification
MWESB INFORMATION
The City encourages contracting with minority owned,woman owned, and emerging small business (MWESB).
The State of Oregon offers a certification process. Indicate below if your business is a MWESB and if so,which
categories have been state certified. MWESB certified? Yes_No . If yes, indicate which categories
below:
Minority Owned Woman Owned_ Emerging Small Business_ Veteran Owned_
ACKNOWLEDGMENT OF RECEIPT OF ADDENDA TO PROPOSAL DOCUMENTS:
Proposer acknowledges receipt of Addenda and agrees to be bound by their contents.
Circle each RFP addendum received: 1,2,3,4,5, 6,7,8,9, 10
Check if not applicable or if no addenda were received:
OSBEELS/OSBGE/ORBAE No.(s)
Provide name(s),title(s),and certification number(s)for each Key Person listed under Section 6.3 (b). Attach
additional sheet if necessary)
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
Name: Title: Certification No:
PROPOSER INFORMATION:
Proposer Company Name
Company Address (from which work will be performed)
Telephone Number Fax Number FEDERAL ID NUMBER
Printed Name of Person.Signing RFP:
Title:
Signature:
Email Address:
PERSONAL SERVICES AGREEMENT (GREATER THAN $25,000.00)
CONSULTANT:
CITY OF
ASH LAN D CONSULTANT'S CONTACT:
20 East Main Street ADDRESS:
Ashland, Oregon 97520
Telephone: 544/488-WW1 TELEPHONE:
Fax: 541/552-'
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and *X +X1 +„ a -o omestic
pros-ssio al coroo at:o Eilbhttailliabtit, oan,j ("hereinafter "Consultant"), for ;(o -scr',o''o
►o 02 orovea.'n.�;.
NOW THEREFORE, in consideration of the mutual covenants contained herein,the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution on
behalf of the City,as set forth below(the"Effective Date"), and unless sooner terminated as specifically
provided herein,shall terminate upon the City's affirmative acceptance of Consultant's Work as complete
and Consultant's acceptance of the City's final payment therefore, but not later than C < .
2. Scope of Work: Consultant will provide;(descri otioi, offmlomtoelai orovideo as more fully set forth
in the Consultant's C ro o osa dated ;,, ,which is attached hereto as"Exhibit El"and
incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement
as the"Work."
3. Compensation: City shall pay Consultant the sum of$3. . `C Tkb am o ni mg's,Ili tM ho rl,
t 0MQ tariE=0 emea oun k1 ilag RTAEB DIGUG0 ea0 h nco,re® tho s,nd ° o o
i; e loll r
Ellfflapp as full compensation for Consultant's performance of all Work under this
Agreement. In no event shall Consultant's total of all compensation and reimbursement under this
Agreement exceed the sum of$ � 0_O°fi :0't MithCIELI amou e t NMI without the
express,written approval from the City official whose signature appears below,or such official's
successor in office. Payments shall be made within thirty(30)days of the date of receipt by the City of
Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,payments
will be made for any phase of the Work completed and accepted as of the date of termination.
4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complementary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control
over any conflicting provisions in any of the exhibits or supporting documents.
5. All Costs Borne by Consultant: Consultant shall, at its own risk,perform the Work described above
and,unless otherwise specified in this Agreement,furnish all labor,equipment,and materials required for
the proper performance of such Work.
6. Qualified Work: Consultant has represented, and by entering into this Agreement now represents,that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the services to which they will be assigned in a skilled manner and, if required to be registered,licensed,
or bonded by the State of Oregon,are so registered,licensed,or bonded.
7. Ownership of Work/Documents: All Work,work product,or other documents produced in furtherance
of this Agreement belong to the City,and any copyright,patent,trademark proprietary or any other
protected intellectual property right shall vest in and is hereby assigned to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 279B.220,279B.230 and 279B.235.
9. Living Wage Requirements: If the amount of this Agreement is$22,002.43 or more, Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined
in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who
performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice
attached hereto as"Exhibit B"predominantly in areas where it will be seen by all employees.
10. Indemnification: Consultant hereby agrees to defend,indemnify,save, and hold City,its officers,
employees, and agents harmless from any and all losses, claims,actions, costs, expenses,judgments,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 Agreement by Consultant(including but not limited to, Consultant's employees,
agents, and others designated by Consultant to perform Work or services attendant to this Agreement).
However, Consultant shall not be held responsible for any losses,expenses, claims,costs,judgments, or
other damages, caused solely by the gross negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not less than
thirty(30)days' prior written notice delivered by certified mail or in person.
c. For Cause. City may terminate or modify this Agreement,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
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide
•
•
the services required by this Agreement is for any reason denied,revoked,suspended, or not
renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party committing
the breach has not entirely cured the breach within fifteen(15)days of the date of the notice,
or within such other period as the party giving the notice may authorize in writing,then the
Agreement 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 Agreement. City,by written notice to Consultant of default or breach,may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide the
Work called for by this Agreement within the time specified herein or within 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 Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement 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 Subsection a,b,c, or d
of this section, Consultant shall immediately cease all activities under this Agreement,unless
expressly directed otherwise by City in the notice of termination.Further,upon termination,
Consultant shall deliver to City all documents, information,works-in-progress and other property
that are or would be deliverables had the Agreement been completed. City shall pay Consultant
for Work performed prior to the termination date if such Work was performed in accordance with
this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose. Consultant shall have the complete responsibility for the performance of this
Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656
for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer
that will comply with ORS 656.017.
13. Assignment: Consultant shall not assign this Agreement 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 of the Work shall not create any contractual relation between the assignee or subcontractor
and City.
14. 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 under the 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 Agreement;or attempts to assign rights in,or delegate duties under,this
Agreement.
15. Insurance. Consultant shall,at its own expense,maintain 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
$2,000,000(two million dollars)per occurrence. This is to cover any damages caused by error,
omission or negligent acts related to the Work to be provided under this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent,of not less than
$2,000,000(two million dollars)per occurrence for Bodily Injury,Death, and Property Damage.
d. Automobile Liability insurance with a combined single limit,or the equivalent,of not less than
$1,000,000(one million dollars)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 thirty(30)days' prior 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,
excluding Professional Liability and Workers' Compensation,required herein, but only with
respect to Consultant's services to be provided under this Agreement. The consultant's insurance is
primary and non-contributory.As evidence of the insurance coverages required by this Agreement,
the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under
this Agreement. 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.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color,religion,creed,
sex,marital status,familial status or domestic partnership,national origin, age,mental or physical
disability, sexual orientation,gender identity or source of income,suffer discrimination in the performance
of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations.
Further, Consultant agrees not to discriminate against a disadvantaged business enterprise,minority-owned
business,woman-owned business,a business that a service-disabled veteran owns or an emerging small
business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall,throughout the term of this Agreement,including any extensions hereof,
comply with:
(i)All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS
Chapters 316, 317,and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
17.1.2 Consultant,for a period of no fewer than six(6)calendar years preceding the Effective Date of
this Agreement,has faithfully complied with:
(i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS
Chapters 316,317,and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be
given in writing to the other party by personal delivery,by sending via a reputable commercial overnight
courier,by mailing using registered or certified United States mail,return receipt requested,postage
prepaid, or by electronically confirmed at the address or facsimile number set forth below:
If to the City:
? D e o artq,s
Gon'trae_ drninis:irato
ci.dres-
Ashland, Oregon 97520
With a copy to:
City of Ashland—Legal Department
20 E.Main Street
Ashland, Oregon 97520
Phone: (541)488-5350
If to Consultant:
19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to
conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall
be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in
federal court,in which case exclusive venue shall be in the federal district court for the district of Oregon.
Each party expressly waives any and all rights to maintain an action under this Agreement in any other
venue,and expressly consents that,upon motion of the other party,any case may be dismissed or its
venue transferred, as appropriate,so as to effectuate this choice of venue.
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this Agreement
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 Agreement. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement
without penalty or liability to City, effective upon the delivery of written notice to Consultant,with no
further liability to Consultant.
22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT 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 AGREEMENT. CONSULTANT,BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE,HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT,UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
23. Certification. Consultant agrees to and shall sign the certification attached hereto as"Exhibit C"and
incorporated herein by this reference.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names
by their duly authorized representatives as of the dates set forth below.
•
CITY OF ASHLAND: WAYAKOX4X4V(CONSULTANT):
By: By:
Adam Hanks,Interim City Administrator Signature
Date Printed Name
Title
Purchase Order No.
Date
(W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Assistant City Attorney
Date
EXHIBIT B
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described WAG E
below must comply with City
of Ashland laws regulating
O. 11'1 • II i..'
$15.74 per=hour effective June 30 2020.
raa The Living Wage is adjusted kannually every
Jun0.30by the Consumer Price Index:,
Employees must be paid a portion of business of their of health care, retirement,
employer, if the employer has 401 K and IRS eligible
living wage: ten or more employees, and cafeteria plans(including
has received financial childcare) benefits to the
assistance for the project or amount of wages received by
> For all hours worked under a business from the City of the employee.
service contract between their Ashland in excess of
employer and the City of $22,002.43. > Note: For temporary and
Ashland if the contract part-time employees,the
exceeds$22,002.43 or more. > If their employer is the City of Living Wage does not apply
Ashland, including the Parks to the first 1040 hours worked
> For all hours worked in a and Recreation Department. in any calendar year. For
month if the employee spends more details, please see
50%or more of the > In calculating the living wage, Ashland Municipal Code
employee's time in that month employers may add the value Section 3.12.020.
working on a project or
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, Oregon 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
ASHLAND
Page 1 of 1: EXHIBIT B
•
r
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant,by and through its authorized
representative,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) Consultant 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.
Consultant further represents and warrants to City that: (a)it has the power and authority to enter into
this Agreement and perform the Work,(b)the Agreement,when executed and delivered,shall be a valid
and binding obligation of Consultant enforceable in accordance with its terms, (c)the work under the
Agreement shall be performed in accordance with the highest professional standards, and(d) Consultant
is qualified,professionally competent,and duly licensed(if applicable)to perform the Work. Consultant
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws,it is an
independent contractor as defined in the Agreement,it is authorized to do business in the State of Oregon,
and Consultant has checked four or more of the following criteria that apply to its business.
(1)Consultant carries out the work or services at a location separate from a private residence
or is in a specific portion of a private 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)Consultant assumes financial responsibility for defective workmanship or for service not
provided as evidenced by the ownership of performance bonds,warranties,errors and
omission(professional liability)insurance or liability insurance relating to the Work or
services to be provided.
Consultant's signature
Date
Paget of 1: EXHIBIT C
•
APPENDIX A—CONTRACT FORM INCLUDING EXHIBIT B,EXHIBIT C
APPENDIX B-FORM W-9
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Page 3 of 1: EXHIBIT C
Memo
TO: Joseph L. Lessard, City Manager
FROM: Tami De Mille-Campos,Administrative Analyst
DATE: 11/30/2022
RE: City Manager Signature Needed for Century West
Background: This item is coming to you for signature after Council approved at the December 20th
business meeting.
Council Action: Approval of personal services agreement.
Signatures Rea uired:
Ilo De a uty G+ity anager m I to im ginance Di ecto CIS To_m
1L4 a ager ormN
(ffey Mama!eapp a t ?/GO contras
Other Relevant Information:
' Insurance waived or reduced? No
Who to return to if different from sender?
Are all other signatures required collected? Yes
If no,please collect before sending them to the City Manager.
Are all attachments listed included? Yes
Form 3
City Standard contract AATF
Council Communication
20CITY ASHLAND
East Main Street Tel:541-488-6002
Ashland,Oregon 97520 Fax:541-488-5311
www.ashland.or.us TTY: 800-735-2900
Council Business Meeting
December 20, 2022
Approval of a Personal Services Contract with Century West Engineering & a
Agenda Item Public Works Improvement Contract with LTM dba, Knife River Materials for
the Airport Taxiway Reconstruction and Rehabilitation Project (2020-18)
From Scott Fleury, PE Public Works Director
Chance Metcalf, PMP Senior Project Manager
Contact scott.fleurv(ashland.or.us 541.552.2412
chance.metcalfAashland.or.us 541.552.2448
SUMMARY
Before the Council, acting as the Local Contract Review Board, is a request to approve a Personal Services
Contract with Century West Engineering for Construction Administration Services in the amount of
$348,577.64 and a Public Works Construction Contract with LTM dba, Knife River Materials in the amount
of$2,604,807.75. Both contracts support the Ashland Municipal Airport Taxiway Reconstruction and
Rehabilitation Project.
POLICIES,PLANS & GOALS SUPPORTED
City Council Goals and Objectives
• Strengthen the Ashland Municipal Airport as an enterprise.
Value Services
• Emergency Preparedness
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements,and minimize life-cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
The City Council approved the 2021-2023 Biennium Budget at June 1, 2021 Business Meeting, which
included the phase 2 construction of the Parallel Taxiway Reconstruction and Rehabilitation Project
(Minutes).
The City Council accepted a Federal Aviation Administration(FAA) Airport Improvement Grant(AIP) for
the design of the Taxiway Rehabilitation project at the April 6, 2021, Business Meeting (Staff Report).
The City Council approved a Personal Services Contract with Century West Engineering for Phase 1 Design
of the Ashland Municipal Airport Taxiway Rehabilitation Project at the May 4, 2021, Business Meeting(Staff
Report).
The City Council accepted an FAA AIP Grant and Oregon Department of Aviation(ODA) Critical Oregon
Airport Relief(COAR) grants at the May 23, 2022, Special Business Meeting. The grants provide the primary
Page 1 of 3
CITY OF
ASHLAND
• i
fiscal support for the construction of the Ashland Municipal Airport Taxiway Reconstruction and
Rehabilitation Project. (Staff Report).
•
BACKGROUND AND ADDITIONAL INFORMATION
After Century West Engineering completed the phase 1 design for the project, staff applied for the FAA AIP
grant and the COAR grant. The COAR grant provides up to a maximum of$150,000 to be used towards the
10%local match requirement for FAA funded projects. The City was awarded an FAA grant of
$2,664,796.63 and a COAR grant award not to exceed $150,000 for the construction phase of the project.
The City of Ashland released the Invitation to Bid (ITB) documents resulting in a public improvement
contract with the City of Ashland for supplying all labor, equipment, and materials necessary to construct the
Ashland Municipal Airport—Taxiway Reconstruction and Rehabilitation Project No. 2020-18. The ITB was
posted on the Oregon Buys Network on March 1, 2022, and documents were also on file at the City in the
Community Development Building at 51 Winburn Way. Bids were received and opened on March 29, 2022.
Three bids were received from Knife River Materials, Central Pipeline and JRT Construction, all three were
deemed responsive. Knife River Materials provided the lowest responsive bid.
ASHLAND MUNICIPAL AIRPORT-TAXIWAY RECONSTRUCTION AND REHABILITATION PROJECT(2020-18)
�� Egg MGT Materials JJET erenstruetion Central Pipeline
$2,604,807.75 $2,737,493.50 $2,893,548.87
Project Description:
The airports parallel taxiway is shown in the 2016 ODA Pavement Maintenance report as satisfactory to
poor. Work elements for the project are general mill and overlay of the taxiway, new subsurface drainage,
new taxiway edge lights and new mandatory lighted hold position signs. The project is primarily grant
funded from the Federal Aviation Administration Grant requiring 10%match through the Airport Fund
with a percentage of that 10%required match funded through the Critical Care Airport Relief grant leaving
what is remaining coming from the airport fund revenues generated through hangar leases, hangar rentals
and tie down fees.
Figure 1: Proposed Taxiway Rehabilitation Layout
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Page 2 of 3
CITY OF
ASHLAND
4
FISCAL IMPACTS
The 2021-23 Biennium Airport Budget includes requested appropriations to support this project. The phase 2
Construction fee was estimated to be $2,960,886.
This project has received two grants to support the construction. The FAA grant received an amount of
$2,664,796.63 towards total project cost. In addition to that we received a grant from ODA at a max value of
$150,000 to go towards the required match funds. Leaving the remaining $140,000 to be covered by airport
revenues.
STAFF RECOMMENDATION
Staff recommends approval of a Personal Services contract with Century West Engineering and a Public
Works Improvement contract with LTM dba, Knife River Materials for the construction of the Airport
Taxiway Reconstruction and Rehabilitation Project.
ACTIONS, OPTIONS &POTENTIAL MOTIONS
1. I move to approve a Personal Services contract with Century West Engineering for the Airport Taxiway
Reconstruction and Rehabilitation Project for a contract amount not to exceed$348,577.64.
2. I move to approve a Public Works Improvement contract with LTM dba, Knife River Materials for the
Airport Taxiway Reconstruction and Rehabilitation Project for a contract amount not to exceed
$2,604,807.75.
REFERENCES &ATTACHMENTS
Attachment#1: Century West Personal Services Contract
Attachment#2: Knife River Construction Contract
Page 3 of 3
CITY OF
ASHLAND