HomeMy WebLinkAbout2005-019 Contract - Public Works Mgmt
CITY OF
ASHLAND
CONSULTANT SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311
Consultant:
PUBLIC WORKS MANAGEMENT, INC.
JOSEPH L. STRAHL, PE
EDWARD OLSON, PE
3572 FOOTHILL ROAD
MEDFORD OR 97504
Address:
Date of this agreement: 2/1/05
Telephone: 541/776-7855
FAX: 541/776-7855
~B:RFPd~e: SOLE SOURCE PROCUREMENT
Proposal date:
~2.2. Contracting officer: GINO GRIMALDI, CITY ADMINISTRATOR
~2.4. Project: INTERIM PUBLIC WORKS DIRECTOR AND PUBLIC WORKS ADMINISTRATIVE SUPPORT
~6. Consultant's representative: JOE STRAHL, PE, PRESIDENT
~8.3. Maximum contract amount: NOT TO EXCEED $115,000.00 OVER 14 MONTH PERIOD
B. On the date noted above, City issued a request for proposals (RFP) for consulting services needed by City for the project
described above. Consultant submitted a proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City selected Consultant to provide the
services covered by the attached response to RFP:
PW Management, Joe Strahl, PE, and Ed Olson, PE, will perform the following services:
1. Overall program management as Public Works Director
2. Direct management of Mike Morrison, Public Works Superintendent, Jim Olson, Project Manager/City
Surveyor, Pieter Smeenk, Associate Engineer/Interim City Engineer, and Dawn Lamb, Public Works Administrative
Assistant.
3. Oversight on the Public Works operations to assist the needs of the PW Superintendent (who retains
control of all operations personnel and management), Associate Engineer/Interim City Engineer and Project
Manager/City Surveyor (who will have management control of the PW Administration and Engineering program).
4. Signature authority on all PW Contracts and change orders (not necessarily standard purchase orders
which remains with the PW Superintendent and Project Manager/City Surveyor.
5. Oversight on CIP contract management and consultant management for PW projects.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence established between
Consultant and City by this contract. Consultant covenants with the City to perform services and duties in conformance to and
consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of
the project. Consultant further covenants to cooperate with City, City's representatives, contractors, and other interested parties
in furthering the interests of City with respect to the project. In order to promote successful completion of the project in an
expeditious and economical manner, Consultant shall provide professional consulting services for City in all phases of the project
to which this contract applies, serve as City's professional consulting representative for the project, and give professional
consultation and advice during the term of this contract. Consultant acknowledges that City is relying on consultant to provide
professional consulting services in a manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports, and other consulting
services and products which Consultant is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and end on completion of all services
required by this contract unless sooner terminated as provided in this contract.
4. Authority of Contractinq Officer: The contracting officer shall have the authority to act on behalf of City in the administration
and interpretation of this contract. The contracting officer shall have complete authority to authorize services, transmit
instructions, receive information, interpret and define City's policies and make other decisions with respect to Consultant's
services.
5. Consultinq Services: Consultant shall provide services to City that are described in the RFP.
5.1. In connection with the services described in the RFP, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and define City's requirements relative
to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services.
5.1.5. Cooperate with other consultants retained by City in the exchange of information needed for
completion of the services and the project.
5.2. Consultant shall commence performance of services within five days after receiving written authorization from the
contracting officer for work described in the RFP. Consultant shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the project. Upon request of City, Consultant shall submit for City's
approval, a schedule for the performance of work elements described in the RFP. Each schedule shall include allowance for
periods of time required for City's review and approval of Consultant's services. Each schedule, approved by City, shall become
a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in accordance with generally accepted
standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any
error or deficiencies in the services that are caused by Consultant's negligence. City's review, approval, acceptance of, or
payment for, any of the services shall not be construed to waive any of City's rights under this contract or of any cause of action
arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant shall not be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assiqnment of Consultant's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Consultant's representative in all communications and transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's
employees to perform services if the requests are consistent with sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Consultant to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the possession or control of City
and are required by Consultant for performance of the services.
7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private property as
required for Consultant to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Consultant, public agencies, and others involved in the
project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant in
performance of services in accordance with a payment schedule to be submitted by Consultant and accepted by City. No
reimbursement will be made for expenses that are not specifically itemized in this payment schedule without prior approval by
the contracting officer.
8.2. Consultant shall submit monthly invoices to City for Consultant's services within ten days after the end of the
month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in Recital A above.
'9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant shall
promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but not limited to, provisions of ORS 279.312,279.314,279.316 and
279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by Consultant who performs work under this contract shall be
paid at least time and a half pay for all overtime in excess of 40 hours in anyone week, except for persons who are excluded or
exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to
commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS
Chapter 656. If Consultant is a carrier insured employer, Consultant shall provide City with a certificate of insurance. If
Consultant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance
and Finance as evidence of Consultant's status.
9.4. If the amount of this contract is $15,964 or more, Consultant is required to comply with chapter 3.12 of the
Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract
and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City. To the extent permitted by law, City shall, within the limits of the Oregon Tort Claims Act, defend, indemnify
and hold harmless Consultant, its consultants, agents and employees against all damages, claims, expenses and
losses arising out of any reuse of plans, specifications and other documents prepared by Consultant without prior
written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the services, which are
adequate for evaluating Consultant's performance. Consultant shall maintain records in such a manner as to provide a clear
distinction between the expenditures and revenues related to the project and the expenditures and revenues related to
Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify
Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a
certified public accountant retained by City.
12. Indemnification: Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless
from any and all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person
(including injury resulting in death,) or damage to property (including loss or destruction), of whatsoever nature
arising out of or incident to the negligent performance of this contract by Consultant (including but not limited to,
the negligent acts or omissions of Consultant's employees, agents, and others designated by Consultant to
perform work or services attendant to this contract). Consultant shall not be held responsible for any claims,
actions, costs, judgments, damages or other expenses, directly and proximately caused by the negligence of City.
13. Insurance:
13.1. Consultant shall, at its own expense, at all times during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed operations and
owner's and contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury
and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the commencement of any work by
Consultant. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage
cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or obligation required by this
contract within ten days after the other party gives written notice specifying the nature of the breach with reasonable particularity.
If the breach specified in the notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the ten day period and thereafter
proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedly breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this contract and pursue any equitable
or legal rights and remedies available under Oregon law. All remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of Oregon for Jackson
County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract under subsection 14.3, City may terminate by giving Consultant
written notice sixty days prior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may complete such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its professional
reputation, to complete a report on the services performed to date of termination.
15.3. If City terminates the contract under subsection 15.2, Consultant shall be paid for all fees earned and costs
incurred prior to the termination date. Consultant shall not be entitled to compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall be in writing and
may be given by personal delivery or by registered or certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A
above.
16.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the
Consultant in Recital A above.
17. Assiqnment: City and Consultant and the respective successors, administrators, assigns and legal representatives of each
are bound by this contract to the other party and to the partners, successors, administrators, assigns and legal representatives of
the other party. Consultant shall not assign or subcontract Consultant's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be construed to give any rights or benefits to
anyone other than City and Consultant.
By:
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18. Modification: No modification of this contract shall be valid unless in wri .
CONTRACTOR
Its:
Date: /-,9'7 - ~)f
/l t, ~ CSt; 6- (>(14
FederallD #
Or
REVIEWED AS TO CONTENT:
By:
Department Head
Coding:
Date:
Social Security #
(For City use only)
CITY OF ASHLAND, OREGON
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
City of Ashland
LIVING
WAGE
III!Iper hour effective June 30, 20.04
~..
..11
(Increases annually every June 30 by the
Consumer Price Index)
~ For all hours worked under a service contract between their employer and the City of Ashland if the contract
exceeds $15,964 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 of Ashland in excess of
$15,964.
~ If their employer is the City of Ashland including the Parks and Recreation Department.
In calculating the living wage, employers may add the value of health care, retirement, 401 K and IRS eligible
cafeteria plans (including childcare) benefits to the amount of wages received by the employee.
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.ashJand.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all
employees.
CITY OF
ASHLAND
..
PXX
Public Works
Management, Inc.
3572 N. Foothill Road
Medford, OR 9750'4
City of Ashland
20 East Main Street
Ashland, OR 97520
January 12, 2005
Attn: Mr. Gino Grimaldi, City Administrator
Ms. Paula Brown, Public Works Director
Dear Gino and Paula:
Public Works Management, Inc. (PWM) is pleased to provide this proposal for filling
in for Paula while she is on active duty with the Naval Reserve for the next fourteen
months.
Based on conversations with Paula, it is anticipated that an average of 20 hours per
week will be required to provide direction and leadership to the Public Works
Department and communication with the Administrator and elected officials. It is
fortunate that the department is staffed with a cadre' of long-term, professional and
competent people. The dedication of this staff and the support of the City
Administrator make this assignment one we are looking forward to.
PWM currently provides engineering and management services to four entities on a
routine basis. At the same time we were able to provide special project services to
an additional ten clients last year. In order to meet Ashland's objectives for the next
fourteen months, it is PWM's plan to decline contracts with anyone other than our
four major clients and Ashland until Paula's return home.
Although we are open to other suggestions, it seems that Ashland's needs would
best be met if Joe Strahl accepted responsibility for overall management of the
department and Ed Olson accepted the primary responsibility for the water treatment
and distribution functions of the department. Joe has over thirty years experience in
engineering and operations associated with a wide variety of local government public
works functions throughout the United States. Ed's thirty-year career has been
primarily associated with water treatment and distribution in the Northwest. Both
have been highly regarded leaders in their professions. You are somewhat familiar
with their careers and accomplishments. Further information associated with their
curriculum vitae is available upon request. Ed and Joe have a close working
relationship. This will facilitate communication and cooperation between the divisions
of the department.
r
. Page 2
While it is expected that everyone will miss Paula during her absence from the City,
we believe that we can effectively fill the leadership gap with a minimum in loss of
productivity and collaboration. It seems a good idea for PWM to fill this interim gap
because PWM is the only company in the area that currently offers professional
management services in the public works arena. By hiring PWM, the City assures
that Paula has the opportunity to return to her old job when she comes home. The
City avoids the discomfort associated with making a temporary hire that automatically
results in a job loss after a relatively short time. Further, the City avoids the usual
challenges and many of the costs of hiring a full-time person to replace Paula.
PWM will provide the required service at the rate of $95 per hour for either Ed or Joe.
This rate includes all overhead costs and commuting costs. PWM will expect that the
City will provide office space and support staff at no cost. However, the City is not
expected to provide any employment benefits, automobile, vacation time, insurance
or other costly perquisites associated with employment. Travel miles on City
business, other than from home to office communing travel, will be charged at the
rate of $0.40 per mile.
A review of the City's standard consulting contract has been performed. This
contract seems to meet PWM's needs without modification beyond that needed to
make it applicable to this assignment.
We are anxious to begin the transition and to working with the City of Ashland for the
next fourteen months. Once again, we appreciate your consideration of PWM and
the confidence you have in our ability to help fill the gap that Paula will be leaving.
Sincerely yours,
~~
J~ph L. Strahl, P.E.
President, Public Works Management, Inc.
541.301.2946 joe@pwmanagers.com
~~.
r_~
CITY RECORDER'S COpy
Page 1 /1
CITY OF ASHLAND
20' E MAIN ST.
ASHLAND, OR 97520'
(541 ) 488-530'0'
2/11/20'0'5
0'5764
VENDOR: 0'0'730'8
PUBLIC WORKS MANAGEMENT, INC., P X X
3572 N. FOOTHILL ROAD
MEDFORD, OR 9750'4
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520'
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
Interim Public Works Management for
Interim Public Works Director through
Spring 20'0'6
115,0'0'0'.0'0'
FYD5 - $38,0'0'0'.0'0'
FYD6 - $77,0'0'0'.00'
Exempt
Start Date: February 1, 20'0'5
Completion Date: April 1 ,20'0'6
BILL TO: Account Payable
20' EAST MAIN ST
541-552-20'28
ASHLAND, OR 97520'
SUBTOTAL
TAX
FREIGHT
TOTAL
1150'0'0'.0'0'
0'.0'0'
0'.0'0'
115,0'0'0'.0'0'
E 710'.0'8.11.0'0'.60'41 DO'
1150'0'0'.0'0'
~~ Z-~"J
thorized Signature
VENDOR COPY
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
KARI OLSON
PURCHASING
DATE:
PROJECT:
JOB NO.:
SUBJECT:
FEBRUARY 7, 2005
INTERIM PW MANAGEMENT
N/A
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Attached is one original contract and the requisition for the PW Management Inc. for the interim
public works management. Please issue a purchase order for this contract. I will forward the
insurance certificates as soon as they arrive.
ENCLOSED \~
'\
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of P~cblj'CW orks
Br Dawn ~~m? l.1fr1 .
TItle: AdmInIstratpe AssIstant
f
\
PUBLIC WORKS
20 E. Main Street
Ashland, OreQon 97520
WWW.aShland.or.us
G:\pub-wrks\admin\PB PERSONNEL\PW Management Consultant Contract IH NOT 2 05.doc
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
~~,
CITY OF
ASHLAND
REQUISITION
No. PW - FY 2005
Department PUBLIC WORKS
Vendor PUBLIC WORKS MANAGEMENT INC
3572 FOOTHILL ROAD
MEDFORD OR 97504
Account No. 710.08.11.00.604000
IClt)
Date January 27, 2005
Requested Delivery Date ASAP
Deliver To DA WN LAMB
Via
(* Note: Please allow approximately two(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Interim Public Works Management for
interim Public Works Director through
Spring 2006 $115,000.00
FY05 - $38,000.00
FY06 - $77,000.00
TOTAL $115,000.00
for Kari:
BID /RFP / EXEMPT: EXEMPT
Contract Start Date: February 1, 2005
Contract Completion Date: 1-Apr-06
Insurance on file: t YES ~ NO
Proiect No: N/A
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
Issued By
Date
Received By
r~'
G:Pub-wrks/admin/PB Personnel/Public Works Managment Inc Requisition 1 05.xls
~~,
rlTV Qr.=~ORDER'S COpy
CITY Of
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
~-. -- j
05764
VENDOR: 007308
PUBLIC WORKS MANAGEMENT, INC., P X X
3572 N. FOOTHILL ROAD
MEDFORD, OR 97504
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
THIS IS A REVISED PURCHASE ORDER
Interim Public Works ManaQement for
Interim Public Works Director throuQh
SprinQ 2006
115,000.00
FY05 - $38,000.00
FY06 - $77.000.00
",'!ifi~~
Exempt
Start Date: 005
mpletion Date: April 1, 2006
Revised purchase order 01/11/2006
Closed in error
Amount paid as of 01/11/2006 $73,173.75
Open bal as of 01/1 ~
41,826.25
*** This is a chanQe order. ***
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
15 82 .25
0.00
0.00
156,826.25
~ ~_ I/;tfb
Auth ized Sign'ature
VENDOR COPY