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HomeMy WebLinkAbout2020-067 PO 20200365- Robertson Sherwood Architects, PC ABN -`�y CITY REC•RDERPurchase Order 4 Fiscal Year 2020_ Page: 1 of: 1 4 { S$AEG4E� B Ashland •Parks Commission c `_�ILti Jr -.11,410 fc J9t� ,i 37- --i LATTN:Accounts Payable Purchase L 20 E. Main 20200365 Ashland, OR 97520 Order* T Phone: 541/552-2010 O Email: payable@ashland.or.us — S CIO Parks Department E ROBERTSON SHERWOOD ARCHITECTS, PC H Admin Office N 132 E BROADWAY SUITE 540 1 340 South Pioneer O ' P Ashland, OR 97520 EUGENE, OR 97401 T Phone:541/488-5340 R o Fax:541/488-5314 r_.._ ...." t I ;.[1 [_WA.1- III -- � _-....- --.--1..6i:[I riA -IEI.I f - -- - - - -f-10/- ., .,-)t-1,-,1 [ - --- - Michael Black ��=As srr==1-� —- _I[�E,.-,I _1 I-I _:7-1t q ILII§tie _- _JdFImzl teii?cT,I_. fes-_ __=„t_14.4., -...m._-1-- m_.___-- __ 03/26/2020 •• Parks Accounts Pa able - z _ - :1�-7`rr • efr"if-Al FORM #3 CITY OF AS , i LAN I" :A t'oq11D for a Piirchaw t rdor 6. 5 P' REQU IS ITIO 6, / Date of request: 3/10/20 - Required date for delivery: - Vendor Name Robertson Rharwnorl Arrhitacia ! Address,City,State,Zip 132 E.Broadway.STE 540 Eugene OR 97401 Contact Name&Telephone Number Carl Sherwood(541)342-8077 " Email address • " SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ,~ ❑ Reason for exemption: 0 Invitation to Bid D Form#13,Written findings and Authorization ❑ AMC 2.50 Dale 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) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding 85.000 Date approved by Council: 0 State of Oregon ❑ Direct Award (Attach copy of council communication) Contract# ❑ VerbailWritten bids)or proposal(s) ® Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# 2118/20 ❑ Other government agency contract _(Attach copy of council communication) Agency Intermediate Procurement D Sole Source Contract# GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Intergovernmental Agreement Greater than$5.000 and less than$100,000 0 Written quote or proposal attached' Agency 0 (3)Written bids&solicitation attached 0 Form#4,Personal Services gK to$75K 0 Annual cost to City does not exceed$25,000. PERSONAL SERVICES 0 Special Procurement Agreement approved by Legal and approved/signed by Greater than$5.000 and less than$75,000 0 Form#9,Request for Approval City Administrator.AMC 2.50.070(4) ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached 0 Annual cost to City exceeds$25,000,Council . O (3)Written proposals&solicitation attached Date approved by Council:_ approval required.(Attach copy of council communication) O Form#4,Personal Services$5K to$75K Valid until:_ (Date) Description of SERVICES Total Cost Design Services for the rebuild of the Daniel Meyer Pool $161,130.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quote/proposal - TOTAL COST $1.61,130.00 Project Number 000706.100 Account Number 123000.704200 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: - F IT Director Date Support-Yes/No By signing this requisition form,I certiK ,t; i y that the City's blit contracting requirements have been satisfied. Employee: I LGvCL Department Head: "!.1 a.u•,toorgreater than$5,000) Department Manager/Supervisor: City Administrator. (Equal t'-." '-ater than$25,000) Funds appropriated for current fiscal year:daibi 0 71/4-6-1-e(-1----- '/1 / e fr y Firector-(Equal to orgreater than , Date - tM G ZIf Fill �; �-;p>7y r q $5,000) Form#3-Requisition CITY OF FORM #12 - ASHLAND REQUEST FOR BUDGET REVIEW To: Kelly Madding, City Administrator From: Michael Black, APRC Date: 2/4/20 - Re: Request for Budget Review to Verify Adequate Funds Available In accordance with AMC 2.50.080(A)for Formal Processes,the Finance Director must sign off that there are appropriate funds for the project before the project is put out for bids. (Note: The department is to request by memo a budget review to the Finance Director to ensure adequate funds are available prior to releasing the Invitation to Bid(ITB) or Request for Proposal (RFP). If the amount of the successful bid or proposal exceeds the initial amount approved as a result of the budget review,the department is to request by memo another budget review to ensure adequate funds are available for the additional amount prior to the department requesting approval from the City Council to award and execute the intended public contract.) REQUEST FOR BUDGET REVIEW PRIOR TO RELEASE OF ITB OR RFP: Project name and number: Daniel Meyer Swimming Pool Replacement-Design Services #000706 Description of project:Ashland Parks and Recreation Commission has sought proposals from qualified professionals to develop the design of a new municipal swimming pool including;preliminary and final plans, specifications, sustainable equipment recommendations, cost estimates, assisting with bidding and the development of a construction schedule. A goal of this project is to include environmentally efficient and sustainable features that arealigned with the City of Ashland's Climate and Energy goals. Amount budgeted: $115,000.00 Account Number(s) and amounts if multiple accounts: 123000.704200 Project#000706 Timeline of intended project: Design to begin 2/19/20 after approval and execution of contract. Design to be completed in May of 2020 with constriction to begin July 2020. Funds appropri d for current fiscal year: YES / NO DepartmentHead 1.3Ze Finance Director Date Date REQUEST FOR BUDGET REVIEW UPON CONTRACT AWARD IF ACTUAL BID/PROPOSAL EXCEEDS THE INITIAL AMOUNT APPROVED ABOVE PRIOR TO RELEASING ITB OR RFP: Actual amount of bid/proposal: $161,130.00 Funds appropriate for current fiscal year: YES / NO Department Head Zs �� 412/l-te / ' Finance Direct r Date Date Form#12—Request for Budget Review to Verify Adequate Funds Available, Page 1 of 1,2/4/2020 PERSONAL SERVICES AGREEMENT (GREATER THAN $25,000.00) s .c CONSULTANT: Robertson Sherwood,Architects P.C. qy ," ; : * a CONSULTANT'S CONTACT: Carl Sherwood,AIA x_ +L s&RErR;° ADDRESS: 132 E.Broadway. STE 540 20 East Main Street Eugene, OR 97401 Ashland, Oregon 97520 TELEPHONE: (541)342-8077 Telephone: 541/488-5587 Fax: 541/488-6006 • This Personal Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and Robertson Sherwood, Architects P.C., a domestic business corporation("hereinafter"Consultant"),for design services for the new proposed Daniel Meyer Swimming pool as outlined in section 3.1 project approach in the Request for Proposals(RFP) dated January 13,2020 and the fee proposal dated January 31, 2020. 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 February 28, 2021. 2. Scope of Work: Consultant will provide schematic design, design development and construction documents, assist in the bidding preparation, construction period services as more fully set forth in the Consultant's outlined in section 3.1 project approach in the Request for Proposals(RFP) dated January 13, 2020 and the fee proposal dated January 31, 2020. For the Daniel Meyer Swimming Pool replacement project,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. 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. Page 1 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. 4. 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. 5. 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 service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered,licensed and bonded. 6. Compensation: City shall pay Consultant the sum of$161,130.00 (one hundred sixty-one thousand and one hundred thirty dollars lump sum) 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$161,130.00(one hundred sixty-one thousand and one hundred thirty dollars lump sum)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. 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 $21,507.75 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, subrogations, actions, costs,judgments, or other damages, caused Page 2 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. • solely by the 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 Page 3 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. 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$2,000,000(OD mill to 0 a olilar ) per occurrence. This is to cover any damages caused by error, omission or negligent acts related to the Work to be provided under this Agreement. c. General Liability insurance with a combined single limit, or the equivalent, of not less than o�w2 000 000 mililio o o la ') per occurrence for Bodily Injury,Death, and Property Damage. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than$fl 000,000(( million o o ) 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 Page 4 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. 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 Page 5 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. receipt requested,postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: Ashland Parks and Recreation Commission Attn: Michael Black 340 S. Pioneer Street 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: Robertson Sherwood,Arichtects P.C. Attn: Carl Sherwood 132 E. Broadway, Ste. 540 Eugene, OR 97401 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, Page 6 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. 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. r 23. Certification. Consultant shall sign the certification attached hereto as"Exhibit C"and incorporated herein by this reference. CITY OF ASHLAND: Ro• rtson • .o illy • rchhitect P.C. : By: B �� /4411 City Administra Si:?.tune Vactol( G /slksrwGVe, /4- Printed Name Printed Name I 6- z e ate Title / aelart4 14/ 0 ate Purchase Order No. ,-zVW-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: • i7e%ssistant City Attorney ,_,1/47Tc & /J 0.20,ZO Date Page 7 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. 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 shall sign the certification attached hereto as "Exhibit C"and incorporated herein by this reference. CITY OF ASHLAND: Rot •rtson • • o s1117• rcchhitect P.C. : By: 03B /1 i4[/ �.� City Administra S T ature Vtit \01 40r/ ben't/a7441/ 44 Printed Name " Printed Name � I6 7-07.0 eerie= e-er/O, r ate Title Rani. 40/ 2020 Tate Purchase Order No. 6 (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney Date Page 7 of 7: Personal Services Agreement with Robertson Sherwood,Architects P.C. • EXHIBIT B CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating •a ment of a livin' wase. $15.39 per hour, .effective June 30, 2019. Fghl The Living Wage is adjusted annuallyevery YAM June 30 by the Consumer Price Index. Employees must be paid a portion of business of their 401K and IRS eligible living wage: employer,if theemployer has cafeteria plans(including' ten or more employees,and childcare)benefits to the has received financial amount of wages received by assistance for the project or the employee. > For all hours worked under a business from the City of service contract between their Ashland in excess of > Note: For temporary and employer and the City of $21,507.75. part-time employees,the Ashland if the contract Living Wage does not apply exceeds$21,507.75 or more. > If their employer is the City of to the first 1040 hours worked Ashland,including the Parks in any calendar year. For > For all hours worked in a and Recreation Department. more details, please see month if the employee spends Ashland Municipal Code 50%or more of the > In calculating the living wage, Section 3.12.020. employee's time in that month employers may add the value working on a project or of health care,retirement, 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, OR 97520, or visit the City's website at www.ashland.or.us. INotice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASH LAN D Page 1 of 1 EXHIBIT B 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. V (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. V (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 vof one year. V (6)Consultant assumes fmancial 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. ite , ti.4 A1,• %'' Consult't's ss gnature (i azo ate 4 41, Page 1 of 1 EXHIBIT C • . www.saifcom .Life: Oregon. Oregon Workers' Compensation Certificate of Insurance Certificate holder: CITY OF ASHLAND MICHAEL BLACK • 340 S.PIONEER STREET ASHLAND,OR 97520 The policy of Insurance listed below has been issued to the Insured named below for the policy period indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. • Insured Producer/contact • Robertson Sherwood Architects PC SAIF Corporation 132 E Broadway Ste 540 Portland Service Center Eugene,Or 97401-3176 503.673.5283 servic@saif.com Issued 02/04/2020 Limits of liability Policy 345405 Bodily Injury by Accident $1,000,000 each accident Period 07/01/2019 to 07/01/2020 Bodily Injury by Disease $1,000,000 each employee Body Injury by Disease $1,000,000 policy limit • Description of operations/locations/special items Project Name:Daniel Meyer Swimming Pool Additional Insured:City of Ashland,Oregon,and its elected officials,officers,and employees important This certificate is issued as a matter of information only and confers no rights to the certificate holder.This certificate does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. Authorized representative ka -g442>(-- Kerry Barnett President and CEO • 400 High Street SE Salem,OR 97312 P:800.285.8525 Polcy_OLCA CertificaleOflnsurance F:503.584.9812 ACS O® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYY1t) 02/06/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS.UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. . IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kim Grahn' NAME: Shipley&Pease Insurance PHONE.Ext): (206)519-5371. FAXc,No): .(503)282-3345 P O Box 928 E-MAIL kim@shipleyins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Woodinville WA 98072 INSURER A: Charter Oak Fire Ins Co 25615 INSURED INSURER B: Travelers Indemnity of America(TIA) 25666 Robertson/Sherwood Architects PC INSURER C: RLI Insurance Company 13056 132 East Broadway#540 INSURER D: INSURER E: _ Eugene OR 97401-3186 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1962801479 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _INSD WVD_ POLICY NUMBER (MM/DD/YYYY). (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE n OCCUR PRREM SES Ea occurrence) $ 300,000 MED EXP(Any one person) $ 5,000 A Y 'Y 6803788M279 07/01/2019. 07/01/2020 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY n jeR_d LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Eemployee benefits $ 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 - (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A AWNED SCHEDULED Y Y 6803788M279 07/01/2019 07/01/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS 1 X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS UAB CLAIMS-MADE Y Y CUP5G569145 07/01/2019 07/01/2020 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In.NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Each Claim 2,000,000 Professional Liability C RDP0036857 07/01/2019 07/01/2020 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Daniel Meyer Swimming Pool City of Ashland,Oregon,and its elected officials,officers,and employees are Additional Insured per CGD381 09/15 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Ashland Parks and Recreation Center ACCORDANCE WITH THE POLICY PROVISIONS. 340 South Pioneer Street AUTHORIZED REPRESENTATIVE Asland OR 97520 4V41I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES-THE POLICY. PLEASE.READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided underr the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, The following is added to SECTION II —WHO IS h. This insurance does not apply to ,""bodily AN INSURED: injury or "property damage" caused by "your Any person or organization that you agree in a work". and included in the "products- "written contract requiring insurance""to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury`;and the insurance provided to the ,additional b. If, and only to the extent that, the injury or , insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "writtencontract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such :coverage or the end of the with premisesowned by or rented to you.• policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV —. COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess overany valid and collectible other "personal injury" for which such person or insurance,whether:primary, excess, contingent-or organization has assumed liability in a on any other basis, that. is available to the additional insured for a loss we cover:However, if contract or agreement. ' you specifically agree in the "written, contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis.or a primary and non-contributory basis, this insurance is primary any person or organizationfor which to other insurance 'available to 'the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance,provided that: f. This insurance does not apply to the (1) The "bddily.injuiry"• or "property damage" for rendering of or failure to render any which.coverage is sought occurs; and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g• sought arises out Of ran offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract • "written contract requiring insurance", the requiring insurance" But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance": excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 0915 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 Of 2 Includes the copyrighted material Of Insurance Services Office,Inc.,with Its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: We waive anyright of recovery we mayhave part of any written contract- under which you are 9 required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily.injury". "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done under a "written contract requiring insurance with caused by an offense'committed: that person or organization. We waive this right a. After you have signed that written:contract; only where you have agreedto do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "propertydamage"occurs, or the"personal injury" offense is committed. Page 2 of 2 02015 The Travelers Indemnity.Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission Council Business Meeting February 18, 2020 Agenda Item, Award of Contract—APRC Design Services Daniel Meyer Pool Replacement From Michael A. Black, AICP .APRC Director Contact Michael.Black(a�ashland.or.us SUMMARY The Ashland Parks and Recreation Commission(APRC) is requesting approval of a contract for professional design services with Anderson Sherwood Architects,P.C. to provide design and construction documents for the Daniel Meyer Pool (DMP)rebuild for a cost of$161,130. On January 13, 2020 APRC received two proposals for the design services of the Daniel Meyer Pool Replacement. An evaluation team of five APRC staff members reviewed the proposals. Proposals were received from Terrain Landscape Architecture and Robertson Sherwood Architects, P.C. and were independently ranked according to scoring criteria outlined,in the Request for Proposal(RFP) document. CATEGORY POSSIBLE POINTS 1. Project Approach 30 2. Project Experience 20 3. Project Team Experience 20 4. Demonstrated Ability to Successfully 30 Complete Projects on Time and Within Budget 5. Termination for Default P/F Total 100 The results were as follows: CONSULTANT `. RANK Robertson Sherwood Architects 476 1 Terrain Landscape Architecture 420 2 After ranking was completed an Intent to Negotiate with Robertson Sherwood Architects,P.C. was issued on January 21,2020 and a bid proposal and fee schedule were requested. The fee schedule is based on the scope of work outlined in the RFP,which includes schematic design, development of construction documents, assisting in the preparation of bidding documents and assisting in the construction period with onsite visits. POLICIES,PLANS & GOALS SUPPORTED APRC Commission Goals 2019-21 Biennium Goal 5:Improve public aquatic recreation and competitive options in Ashland consistent with the finding and recommendations of the Pool Ad Committee and ensure the continuous operation of an adequate recreational pool in Ashland during the summer months at a minimum, until construction begins on a new pool.. Page 1 of 3 CITY OF . ASHLAND City of Ashland Climate and Energy Action Plan(CEAP). Reduce the reliance of fossil fuels and reduce greenhouse gases. A goal of this project is to include energy efficient equipment and reduce natural gas consumption. PREVIOUS COUNCIL ACTION The Daniel Meyer Pool Replacement project was approved the 2019-21 Biennial budget process as a Capital Improvement Project(CIP) for APRC. The Ashland Parks and Recreation Commissioners approved.the preliminary site,plan for the pool replacement (September 2019) and the funding of the new pool(October 2019). On December 3, 2019 Council approved Ashland Parks and Recreation Commission's choice to acquire a revenue bond for$2,900,000 and amend the DMP rebuild CIP project line item,moving$2,600,000 for the construction of the project to Fiscal Year 2020-21. BACKGROUND AND ADDITIONAL INFORMATION The Daniel Meyer Pool was built in 1986 with the intent that it would serve as a seasonal community pool,which would be open just a few months per year for swim lessons,recreation swimming, and casual lap swimming. The actual use is much more intense than what was planned. The pool is open year-round, it is used for competitive sports training and serves a population much larger than what was intended. In reality, the current 25-yard by 15- yard pool is being used as if it were twice the size. The Commissioners formed a Pool Ad-Hoc Committee(the"PAHC")to review options for the DMP. The' formation of this committee was predicated on a perceived need for a new community pool with the City of Ashland. The PAHC met several times and formed a recommendation for the replacement of the DMP The Commissioners approved the recommendations at their September 2019 business meeting and stated that by expanding the size of the pool they will be able to better accommodate the current user groups. Replacing the pool with new and better infrastructure will address the impact of year-round use and will extend the life of the pool. The scope of work outlined in the RFP is as follows; • Complete demolition of existing pool, deck and spa structures. • Complete demolition of equipment inside the mechanical room will be required due to the increased volumetric recirculation demands. The existing 20-foot by 15-foot room should accommodate the new equipment. ' • Excavate to accommodate new 25-yard by 25-meter pool with adjacent recreational swimming area (size to be determined) and its associated 10-foot by 10-foot by 12-foot surge tank. • Install piping, submerged suction outlets (SSO), and return fittings. Piping will be routed to new surge tank and to existing equipment room. ' • Backfill excavation and piping trenches with compacted structural fill material, graded to elevations for construction of the new pool floor,pool walls, and deck. • Build concrete formwork, install reinforcing steel and pour concrete pool floor slab. • Install Myrtha pool wall, gutter, and floor membrane system with integrated lap lanes and wall targets. • Test fill water at source to determine balance,chemicals necessary at startup. • Form,reinforce,and pour concrete pool decks, retaining walls, fences and any other flatwork, drainage, ramps, stairs and walkways as per plan. • Design and installation of landscaping. • Install SSO covers,return fittings, light fixtures,handrails, etc. • Monitor filling of pool and begin water balancing process.. Page 2 of 3 CITY OF ASHLAND • • Balance water chemistry and operate equipment for two weeks and orient operators to new systems. • Environmentally efficient and sustainable features. • Pool deck area should allow for a season cover in they future. • Highest standards for construction and mechanical components to reduce long-term maintenance and operational costs. , • ADA access between the pool and the Senior Center building. FISCAL IMPACTS The total for design services would be$161,130. The approved budget for the Daniel Meyer Pool Replacement CEP project is $2,715,000. Allocated Food and Beverage tax revenue funds will be used for the budgeted design services with the remainder of the project costs using the approved revenue bond. STAFF RECOMMENDATION Staff recommends the approval of the contract award and authorization for the City Administrator to execute the attached contract for design services of the Daniel Meyer Pool Rebuild project. ACTIONS, OPTIONS &POTENTIAL MOTIONS 1.) I move to approve the contract award for design services for the Daniel Meyer Pool Replacement project with Robertson Sherwood,Architects P.C. f, 2.) I move to deny the contract award for design services for the Daniel Meyer Pool Replacement and direct staff to... REFERENCES &ATTACHMENTS Attachment 1: Proposal Attachment 2: Fee Schedule Attachment 3: Contract . 1 Page 3 of 3 CITY OF ASHLAND r x>au� VAII , �"'� 1 -- -,.. '« 1 1."-.:,',.--,". Robertson Sherwood I Architects P� '•-• . '..''....:.;''''..‘":•,':•'.:::::..'':f..'"'-::::1.'':::-.:..-,.'... l'-'••', •'.:,'.'.'''::r''.':',::'•l,.'r.':'r-'Ij:..:i'_'•;',':'.',-•.,f.,r,.„'"''..:.-'::7•1,'''•;-:'--:..-.1B.'I';::o''0-:'---0 'r endaa,,Jbanu.r. 1.3tth 2®20 , z' Yp 4 2 ig • } t y;;;;•?';',',';:;'•A‘';‘-;:::.,11';:•:•'•--'...: P 4 4 qd rk k y g...:":......•,:";:‘;,‘,:-. "..,-..;,..} a''-' f ▪ a r$k. .4',',1•::=..-4.i:',.$7.,.'''',°.:1•',.61,•-•:--: z, .fN y :a '� k } • fw$• K b J es z a#k11Yaka? 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' «5*a'14,Z.4'""'";1 { ,5 3 - 1 ,;,-,;,'„..=,"-,7•11. sa' , j14 6 4 «,. y., -...,� gam: s 'r. ,+� )., a,,,-.c.,''''' +;� '' f � e ✓+- 1 yam•? ,� r,�� ,..dr +.(A: _1 'ax..:..;.**7.1:727Vic: q ,.,,,, I-' -.'-''r 7.`.� ,` '`�'',,. i F.+ �..cs y f�< �;�.,,� qFW i y' "` ray ti. v 1 Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting,review,,and signature processes,and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: RFP East Main Park Development-Design Services /G-_�.4i+ (Include names of to the document) Type of Document: Contract B Lease 0 Easement 0 Deed 0 IGA 0 Other(Specie) Dept Contact: TaraKiewel ACTION REQUESTED: Dept:Parks Phone: Ext 2257 0 Review Draft Date submitted to Legal: 1/31/20 0 Approve final and forward to: Draft due by: 2/14/20 (Unless indicated,Legal spill return document to you) Return Requested by: Tara Kiewel Complete this section ONLY the first time this form is filled out: Has this document been previously worked on by the Legal Dept Staff? 0 No © Yes If yes,by whom? previously submitted 1/3/20 but asked to stop review until draft resubmitted LEGAL DEPT First Date Received byLegal Date: t 15qsvo By: etkr USE ONLY Returned to Dept'.for Revision Date.: By: Received for additional review by Legal Date; By: Returned to Dept for Revision Date: By Received for additional review by Legal Date. By Returned to Dept.for Revision Date: __ By Received for Additional Review by Legal Date: By Returned to Dept for Revision Date_ By Final Logged out by Legal Date:_ By: _ __ Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: 0 See Attached. . CI/ Q/, �rrc�.04.._ A_ -/ . ‘ = 7 1, /,..„, • /-/,,,77 )/4,6A:7 ;-t-i. r I -2) i Return original executed doent to City Does this document need to be recorded? Recorder for safekeeping? No 0 Yes No � CI ADMINISTRATOR/ PARTMENT HEAD Please do not sign the attached document until this fi ,i i as be roved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: -.." /7-27------ Date: /V- 20'