HomeMy WebLinkAbout2007-084 Contract - Brown & Caldwell
ENGINEERING 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 Consultant: BROWN AND CALDWELL
City Hall Address: 6500 SW Macadam Avenue, Suite 200
20 E. Main St. PORTLAND OR 97239
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/977-6632
FAX: (541)488-5311 FAX: 503/244-9095
Date of this agreement: August 15, 2006 B: RFP date: April 7, 2006
Proposal date: May 18, 2006
2.2. Contracting officer: Paula C. Brown, PE
2.4. Project: WTP Process Improvements
6. Consultant's representative: Robert F. Willis, PE
8.3. Maximum contract amount: NTE $25,000
B. AMENDMENT NO.1
1. Modification to Section 5. Consultino Services.
In accordance with the existing scope of services in this contract, the following additional defined consultant
services are added as further defined in Exhibit A, attached.
Item No. Description Amount
A Phase 2 - Desion Services $149,378
B Phase 3 - Construction Services $26,835
C Reeder Reservoir Study $61,124
P:\131454 City of Ashland WTP\Project Management\Contract Amendment No. 1\Contract Amendment #1, 3-29-07.doc
2. Modification of Section 8. Payment
8.3 Total payment under this contract shall not exceed the adjusted total contract amount of $262,337.
A.
B.
Original Contract
Amendment No. 1
$25,000
237.337
$262,337
Adjusted total contract amount
CONSULTANT , ~ ~
By: ~~ A/--"~
. ., Signature
Bryan Paulson
Printed Name
Its: Vice President
CITY OF ASHLAND
By: ~ ~~ ~,h~7
Lee Tuneberg
Administrative Services/ Finance Director
Fed 10# 94-1446346
REVIEWED AS TO FORM:
By:
By:
Date: "h.A-/'~ 7
Legal Department Date:
(For City use only)
rl{
# C '/"r;;2 r'
P:1131454 City of Ashland WTPIProject ManagementlContract Amendment No. 11Contract Amendment #1. 3-29-07.doc
EXHIBIT A
SCOPE OF SERVICES
Brown and Caldwell will provide design and construction services for necessary improvements to
the operation and capacity of the Ashland Water Treatment Plant (\x:TP). The level of effort for
these setyices is detailed in the Fee Estimate and Staffing Plan included herein. The level of effort
provided is based on the projects being completed by January 1,2008.
PHASE 2 - DESIGN SERVICES
PHASE 200 Project Management
Task 100. Project Management. Consultant will provide project coordination between project
work groups. Contract and provide supervision to all subconsultants. Perform project status
reporting and communications necessary to inform City staff concerning the project. Perform all
accounting and billing functions necessary for the project.
Task 200. Compile Information for the Project and Conduct Kick-off Meeting. Consultant
will obtain, review, and compile existing information and plans for the \XTP. A kick-off meeting
will be held to initiate the project, contirril the scope, identify available information, and make work
assignments.
Task 300. Project Closeout and As-builts. Consultant will perform the functions necessary to
complete the project, prepare as-built drawings for the work conducted, and complete the Oregon
Health Division requirements for the project.
PHASE 210 Hypochlorite Conversion
Task 100. System Design and Plans/Specifications. Consultant \vill design a conversion of the
existing free chlorine disinfection system to one using hypochlorite. Plans and specitications will be
provided sufficient to permit and contract for the conversion.
PHASE 220 Relocate Chemical Systems
Task 100. System Design and Plans/Specifications. Consultant will design the relocation of
the existing chlorine, potassium permanganate, soda ash, powdered activated carbon, and tilter aide
diffusers. The soda ash system will be improved with a two tank system and metering pumps.
Instrument and Control changes will be detailed for the raw water buttertly valve, tilter to waste
process, and backwash sequence. Reprogramming of the control system will be done by another
contractor to the City. Consultant will prepare plans and specitications sufficient to permit and
contract for the work and to allow the controls contractor to perform his work.
Ashland \X'TP-Amendment 1 Scope of Services
March 28, 2007
P:I, LH454\Prolt'ct :\IanagemennContract l\menJmt'nt "0.1 \/\shland \\TP Amendment 1 ~C()rt' 3 2H (J:.doc Page 1 of 4
PHASE 230 Remove Hydraulic Choke
Task 100. Meter Evaluation and Plans/Specifications. Consultant will review the options to
remove the hydraulic choke created by the existing venturi meter. A design will be prepared to
remove the hydraulic choke. Plans and specifications \vill be prepared sufficient to permit and
construct the designed improvements.
PHASE 250 Replace WTP Waste Line
Task 100. Design and Plans/Specifications. Consultant will design a replacement pipeline for
the existing WTP waste pipeline. The pipeline will extend from the plant to the existing waste pond.
The design will include a new overflow for the flocculation basins. Plans and specifications will be
prepared sufficient to permit and construct the designed improvements.
PHASE 260 Emergency Pump
Task 100. Design and Specifications. Consultant will specify a portable emergency, engine-
driven pump that can by stored at the \XTP. Specifications will be prepared sufficient to purchase
the pump.
PHASE 3
CONSTRUCTION SERVICES
Task 100. Bid/Award Assistance. Consultant services to assist the City in obtaining bids will be
as follows:
· Receive and respond to bidder's technical questions during the bid period.
· Draft addenda to the plans and specifications. City will prepare the final version and distribute
to prospective bidders.
· Attend the bid opening and review the bid tabulation prepared by the City. Assess the bids to
determine the low bidder for project award.
Task 200. Office Engineering. Consultant will provide office engineering services to assist the
City in performing contract administration. Assist in determining whether the project contractor is
providing the materials and construction methods in accordance with the plans and specifications.
Task 300. Field Engineering and Observation. Consultant will provide engineering services to
assist the City in providing onsite observation of the construction of the improvements. Duties
include assistance in maintaining a construction schedule that coordinates with the operation of the
WTP, assistance to the City's onsite construction inspector, coordination of special inspections, and
other assistance as necessary to fulfill the requirements of the task.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\ 131454\Project '\Ianagement',Lontract ,\mendment ~o. 1 \,\shland \\TP ,\mendment I Scope 3-2X-O"".doc Page 2 of 4
REEDER RESERVOIR STUDY
Task 100. Gather and Review Existing Data and Reports. Consultant will provide the
following services:
· Obtain and review U.S. Forest Service and other studies of reservoirs and sediment
transport/ content
· Collect past survey information and put into map form to use to compare to new data
· Compile relevant water quality (\X!Q) data, flow records, and personal observations from Darrell
McVey and others.
· Generate technical memorandum to index and summarize existing information.
Task 200. Inspection of Dam. Consultant will provide the following services:
· Contract and coordinate divers to inspect the dam and sediments behind the dam. Obtain the
dam plans and prepare a drawing for the divers to use. Divers will be asked to:
.
Contirm what is there in relation to what is shown on the plans.
.
Determine the condition of the metal structures found on the dam including both
outlet structures. Visually inspection for corrosion with a hammer test to determine
the rough soundness of the metal and depth of rust.
.
Video tape the metal structures and any other found basic elements of the dam.
.
Determine contents of the trash rack and whether items are piled in front of the
sluice way channel.
.
Determine the depth of the silt layer interface behind the dam under the water
system outlet and collect a grab sample. Determining the thickness of the sediment
against the dam face and whether it is tine or coarse material.
· Review the tindings and prepare a technical memorandum to index the data and provide
recommendations.
Task 300. Water and Sediment Sampling. Consultant will provide the following services:
· Take WQ protiles at two locations in the reservoir at a minimum of every 5 feet of depth.
Perform the protiles a total of three times during the summer and fall. Analyze the samples for
a minimum of temperature and dissolved oxygen concentration.
· Take four discrete water samples at each of the two sample sites when the protiles are being
made. Analyze the samples for total nitrogen, nitrate/nitrite, ammonia, total phosphorus,
soluble reactive phosphorus, and chlorophyll A.
Ashland \XTP-Amendment 1 Scope of Services
March 28, 2007
P:\ 131454\Project .\1anagement\ Contract ;\mendment "\:0. l' Ashland \'CTP ,\mendment 1 SCflpe J 2B-O'.do( Page 3 of 4
· Collect algae samples at the two protile locations in the reservoir at a time when algae is present.
Collect two samples from each site, one at the surface and one at 10 feet in depth. On the same
day, collect an algae sample from a location near the shore where algae is obviously present.
Analyze the samples to determine the concentration and primary species of algae.
· Collect 3 samples of the sediment from locations specified within the reservoir with a clam-shell
sampler. Analyze the samples for total organic compounds, orthophosphorous, Total Nitrogen,
and grain size distribution.
· Take two sediment core samples and analyze for moisture content, particle size, Total
Phosphorus, and Total Nitrogen.
· Prepare a technical memorandum to index and report on the findings.
Task 400. Sediment Surface Survey. Consultant \vill provide the following services:
· Conduct a sediment surface survey to determine the current surface of the sediment in the
reservoir and prepare a wide-area augmentation system-grade bathymetric map for the reservoir.
· Compare the new surface map to the available existing data and determine an estimated rate of
change.
· Prepare a technical memorandum to present the data and findings.
Task 500. Recommendations and Report. Consultant will provide the following services:
· Compile the technical memoranda from Tasks 100 to 400 into a report of the findings of the
study.
· Develop draft conclusions and recommendations to review with the City. Recommendations
will include a proposed monitoring plan for the City to follow for the reservoir.
· Prepare a final report for the study.
Ashland \XTP-Amendment 1 Scope of Services
March 28, 2007
P: ,,131454\ Project .\Ltnagement", C<>ntract ;\menJrnent ~(). 1 ',f\~h]and \\TP ,\mendment 1 Score ,) 2X \l~.Joc Page 4 of 4
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Council Communication
CITY OF
ASHLAND
Approval of Engineering Services Contract Amendment No.1 for Water Treatment Plant
Process Improvements between the City and Brown and Caldwell (06-02)
Meeting Date: April 17, 2007
Department: Public Works / Engineering
Contributing Departments: Finance / Recorder
Approval: Martha Bennett
Primary Staff Contact: Paula Brown 552-2410
E-mail: brownp@ashland.or.us du4-
Secondary Staff Contact: Pieter Smeenk '552-2413
E-mail: smeenkp@ashland.or.us
Estimated Time: Consent
Statement:
This item requires Council approval to amend the City's Contract with Brown and Caldwell who serves as the
City's engineering consultants for the Water Treatment Plant Process Improvements.
Staff Recommendation:
Staff recommends Council approve the Engineering Services Contract Amendment NO.1 for Water Treatment
Plant Process Improvements between the City and Brown and Caldwell to increase the total cost to $262,337.
Background:
In April 2006, staff solicited consultant proposals on the Process Evaluation for the Ashland Wastewater
Treatment Plant. Four engineering firms proposed on the project and the professional services contract was
awarded to Brown and Caldwell. This project was specifically split into three phases as outlined in the Request
for Proposals (see attachment 1):
Phase 1 - Process Evaluation (completed)
Phase 2 - Development of Plans, Specifications and Bid Documents (Amendment No.1)
Phase 3 - Construction Services
The RFP requested that the consultant specifically propose on Phase 1 and provide a conceptual understanding
for services under Phases 2 and 3. Both Phase 2 and 3 were dependent on the final product of Phase 1. The
original Professional Services contract was for Phase 1 only and was awarded to Brown and Caldwell for $25,000
(see attachment 2).
Brown and Caldwell have completed the Phase 1 - Process Evaluation and have thoroughly outlined the
requirements for Phase 2 and 3. Staff has met with and negotiated the Phase 2 and 3 work requirements. Phase
2 will encompass the development of design plans, specifications and final bid documents for the'specific process
improvements. Phase 3 includes construction services for the elements of Phase 2.
Phase 2 of the Professional Services contract includes elements from several different FY07 to FY09 CIP
projects:
- Sodium Hypochlorite Conversion ($350,000)
- Sludge Lagoon and Waste Line Improvements ($100,000)
- Water Treatment Plant Process Improvements ($520,000 through FY09)
- Reeder Reservoir Sedimentation Study ($100,000)
- Ashland Creek West Fork Bridge Construction ($100,000)
G:\pub-wrks\admin\PB Council\water issues\CC BC Contract Amend 17 AprlJ7 .doc
Page 1 of2
r~'
The engineering costs for these elements and a few additional requirements as a part of the overall process
improvements are detailed on the first page of the amendment and are in addition to the Phase 1 cost of $25,000.
Brown and Caldwell's initial proposal had an estimate for later phases of engineering work of 10% of total
construction cost for the design phase and 8% for the construction phase. These percentages are roughly
consistent with the initial estimate percentages. It is expected that the design could increase to 15-18% for
projects that require complicated analysis that is in conjunction with an operating plant or one in very space
constrained areas as the City faces at the Water Treatment Plant.
Staff has been pleased with the work performed by Brown and Caldwell and recommends continuing with their
services for the final design and construction services. Funding for this amended contract amount is included in
the FY07 and FY08 budget amounts in the Water Fund.
Related City Policies:
1. Ordinance 2917, adopted by City Council on March 1, 2005, Section 2.52.050, states that if a contract
amendment totals 25% or more of the original contract amount then the contract amendment must be approved
by the Local Contract Review Board.
2. Budget Documents including the Capita/Improvements Program
Council Options:
Council has two options:
1. Approve the Engineering Services Contract Amendment NO.1 for Water Treatment Plant Process
Improvements between the City and Brown and Caldwell to increase the total cost to $262,337.
2. Disapprove the amendment which will require staff to submit a request for proposals for the additional
engineering work.
Potential Motions:
It is motioned that the City Council, acting as the Local Contract Review Board, approves approve the
Engineering Services Contract Amendment No. 1 for Water Treatment Plant Process Improvements between the
City and Brown and Caldwell to increase the total cost to $262,337.
Attachments:
1. RFP
2. Original Contract
3. Contract Amendment
G:\pub-wrksladmin\PB Council\water issues\CC BC Contract Amend 17 Aprll7.doc
Page 2 of2
~A'
CITY OF
ASHLAND
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSALS
PROCESS EVALUATION
FOR THE
ASHLAND WATER TREATMENT PLANT
PROJECT NO.:
06 -02
TYPE OF PROPOSAL:
PROFESSIONAL SERVICES
PROPOSAL DUE DATE:
MAY 18,2006, 1:30 PM
TO RECEIVE A PROPOSAL CONTACT: Dawn Lamb, Administrative Assistant
20 EAST MAIN STREET
ASHLAND OR 97520
541/488-5587
~~,
TABLE OF CONTENTS
Advertisement
....................................................................................................................
Concept ....................................................................................................................
Background ....................................................................................................................
Work Description ..................................................................................................................
Scope of Work..........................................................................................................
Description of Consultant's Duties............................................................................
Additional Consultant Responsibilities......................................................................
City Responsibilities..................................................................................................
Proposal Contents.................................................................................................................
Proposal Criteria ...................................................................................................................
Proposal Evaluation and Selection........................................................................................
Contract and Terms...............................................................................................................
Contract..................... ......... ........................ ........ .. .... .................................... .. ..........
Contract Term...........................................................................................................
Appendix
....................................................................................................................
Sample Contract..........................................................................................
City of Ashland Living Wage Requirement ..................................................
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06_02 WTP Process Evaluation RFP 3 06.doc Page 2 of 16
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CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
PROCESS EVALUATION FOR THE
ASHLAND WATER TREATMENT PLANT
The City of Ashland requests proposals for professional services required for an evaluation of the water
treatment process at the Ashland Water Treatment Plant. This project includes:
Evaluate the water treatment process at different critical periods of the year.
Make recommendations to strengthen the treatment process during these critical periods.
These recommendations may include changes in the physical plant, changes in treatment
chemicals or the treatment process.
Assist the City in the development of plans and specifications for the recommended
improvements.
Proposals must be received by 1 :30 PM, May 18,2006, in the City of Ashland Engineering Office located at
51 Winburn Way, Ashland OR 97520; mailing address: 20 E. Main Street Ashland OR 97520.
Proposal documents are available at the above address and all proposals must address the RFP format.
Proposals are limited to 8 pages, excluding resumes and notices of transmittal. Consultant selection will be
based upon weighted criteria as cited in this Request for Proposals.
The City of Ashland reserves the right to reject any and all proposals, to waive formalities or to accept any
proposal, which appears to serve the best interest of the City of Ashland.
To receive a proposal, contact Dawn Lamb, Administrative Assistant at 541/488-5587. For further
information regarding the project expectations, contact Pieter Smeek, Interim City Engineer at 552-2413.
Pieter Smeenk P.E.
Interim City Engineer
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 WTP Process Evaluation RFP 3 06.doc Page 3 of 16
CITY OF ASHLAND
DEPARTMENT OF PUBLIC WORKS
CONCEPT
PROCESS EVALUATION FOR THE
ASHLAND WATER TREATMENT PLANT
The City of Ashland intends to hire a competent professional to perform a process evaluation for the water
treatment plant.
BACKGROUND
The City of Ashland owns and operates a water treatment plant located on Ashland Creek. This is the sole
source of water for the entire population of Ashland. Due to the high water quality in Ashland Creek, the
treatment plant was originally design as a "direct filtration" facility. As demands have increased and during
certain periods of the year when the water quality deteriorates in Ashland Creek, plant operators have
found it increasingly difficult to meet the water needs of the community. In addition, hydraulic limitations
within the treatment plant make it difficult to meet peak summertime demands.
The water treatment plant was originally built in 1949, was upgraded in 1964 and again in the mid 1970's.
The last major renovation to the plant occurred in 1996. The rated filter capacity of the plant is 10.0 MGD
and the hydraulic capacity was suppose to be 8.0 MGD. However, the largest quantity of water ever
produced by the plant was 7.5 MGD. This is very close to the current maximum day demands of the
system and allows for no margin of safety.
WORK DESCRIPTION
I. Scope of Work: This project will be broken down into three phases: Phase 1. includes a complete
process evaluation of the water treatment plant and the development of a list of recommendations.
Phase 2 shall consist of assisting the City in the development of plans, specifications and bid
documents to make preferred physical changes to the plant. Phase 3 will include engineering
construction services if they are deemed necessary by the City.
The selected consultant will provide professional services that include, but not limited to:
A. Phase 1 - Process Evaluation
1) Consultant will perform an evaluation of the entire water treatment process. This
evaluation needs to specifically address the issue of how the treatment plant can improve
its wintertime and springtime treatment capacity when water conditions are less then
optimal. This evaluation should include both the physical changes needed in the water
treatment plant such as rapid mixing, flocculation, chemical injection points, etc. and the
possible changes in chemicals currently used in the treatment process.
2) Consultant will perform a preliminary hydraulic evaluation of the water treatment plant. The
goal of the City is to raise the hydraulic capacity to 10.0 MGD. The City is the process of
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changing an existing venturi meter to a mag- meter to reduce some of the head losses
within the plant. The Consultant shall determine the impact of this change and make
recommendations on how to effectively raise the hydraulic capacity to 10.0 MGD.
3) The Consultant shall submit findings regarding the above task to the City in the form of a
Technical Memorandum. The memorandum shall include not only a physical description of
the changes recommended but an estimate of the cost for the improvements and any
operational changes. It should also include a prioritization of the recommended changes.
B. Phase 2 - Development of Plans, Specifications and Bid Documents
1) After review of the technical memorandum and evaluating other fiscal constraints, the City
shall determine which recommendation(s) to undertake. Some or all of these
recommendations may be completed solely by the City of Ashland, but it is anticipated that
the more complicated or technical recommendations will require the services of the
Consultant.
2) Consultant will perform all engineering necessary to complete the design, develop
construction drawings, specifications, bid documents and schedules for completion of the
project as directed by the City.
3) Consultant will assist the City in coordinating and evaluating the construction bids and
responding to engineering inquiries during the bidding process.
4) Because the exact scope of work is unknown, the Consultant will provide an estimated cost
for these services based upon a percentage of the project costs. The actual scope of work
and final cost shall be negotiated with the City prior to Authorization to Proceed with Phase
2.
5) Acquire all necessary permits prior to construction.
6) The consultant shall supervise specialty consultant services for the following types of
specialties: environmental, geotechnical, geological, structural and any similar specialty
work items, as needed.
7) Consultant shall develop a scope of work and cost estimate for Phase 3 - Construction
Services.
C. Phase 3 - Construction Services
1) Consultant shall perform construction services including inspection, submittal approval,
project management and other associated tasks as needed to successfully complete the
project.
2) Since the exact scope of work for these services is unknown, the Consultant will provide an
estimated cost based upon a percentage of the project cost. The actual scope of work and
final cost shall be negotiated with the City prior to authorization to proceed to Phase 3.
D. Provide 15 copies of reports and technical memoranda for Phase 1.
E. Provide a copy of all technical memoranda, reports, specifications, bid documents and drawings
shall be in Microsoft Word, Excel, or Auto Cad format.
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2. Description Of Consultant Duties:
A. Provide a basic understanding to follow the scope of work, detailed cost estimates for the services
to be performed, time frame and an acceptable list of project personnel.
B. Research and prepare adequate materials for the project elements as described in the scope of
work.
3. Additional Consultant's Responsibilities:
A. Personnel, Materials and 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.
B. Business License Required: The selected consultant must have a current City of Ashland business
license prior to conducting any work for the City.
C. 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 with all applicable codes and standards.
4. City Responsibilities: In the development and implementation of this project the City of Ashland
will assume the following responsibilities:
A. Provide a project manager and liaison.
B. Staff will provide available background information on the water treatment plant and any existing
data.
C. Provide timely reviews of consultant's technical reports, design and other submittals.
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PROPOSAL CONTENTS
The consultant shall submit four copies of their proposal for consideration by the City. The proposal shall
address each of the following listed items and shall be organized in accordance with this section of the
proposal.
Proposal shall include the following information:
Title of Project: PROCESS EVALUATION FOR THE ASHLAND WATER TREATMENT PLANT
Proposer's Contact Information:
Name:
Title:
Address:
Phone & Fax Number:
Date of Opening: 1 :30 PM, MAY 18, 2006
PROPOSAL CRITERIA
Each proposal is limited to no more than 8 pages; resumes may be attached as an appendix; and shall
contain the following information:
A. Transmittal Sheet / Cover Letter
B. Project description including firm's scope of services
C. Firm's capabilities and resources
D. Proposed staff and proposed time commitments for primary staff members
E. Project Calendar with specific completion dates and milestone dates for each
section of work
F. References (maximum of five recent references on similar projects)
G. Cost of Services (fee structure, number of hours for each task and the total fee
including all reimbursable items)
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PROPOSAL EVALUATION AND SELECTION
I. REVIEW
Proposals will be reviewed and evaluated by personnel from the City of Ashland Department of
Public Works. Each proposal will be evaluated on content quality and completeness as described
in the preceding section. Interviews may be conducted with the top ranking firms if the City deems
it necessary.
II. EVALUATION CRITERIA
Each proposal will be judged as a demonstration of the consultant's capabilities and understanding
of the services requested. Evaluation will be as follows:
Criteria Maximum Score
A. Transmittal Sheet / Cover Letter 5
B. Project Description and Understanding 20
C. Firms Capabilities and Resources 25
D. Primary Staff and Proposed Time Commitments 10
E. Project Calendar 15
F. References 15
G. Cost of Services 10
TOTAL: 100
III. CITY RESERVATION
The City of Ashland reserves the right to waive irregularities or discrepancies in a proposal if the
City determines that the waiver is in the best interest of the City.
IV. ADDENDA TO THE RFP
The provisions of this RFP cannot be modified by oral interpretations or statements. If inquiries or
comments by offerors raise issues that require clarification by the City, or the City decides to revise
any part of this RFP, addenda will be provided to all persons known to the contact person who
have received or will subsequently receive the RFP. Receipt of addenda must be acknowledged
by signing and returning it with the proposal.
V. PROTEST
Any prospective consultant who contends that the provisions of the RFP or any aspect of the
procurement process will encourage favoritism in the award of the contract, or substantially
diminish competition, must file a written protest to the RFP at least ten days prior to the date set for
the opening of proposals. 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 subchapter 279A or subchapter
279C, Ashland Municipal Code Chapter 2.50, "Public Contracts," or Chapter 2.52, "Personal
Service Contracts."
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CONTRACT AND TERMS
I. CONTRACT
The consultant selected by the City will be expected to enter into a written contract in the form
attached to this RFP in the Appendix. The proposal should indicate acceptance of the City's
contract provisions or suggest reasonable alternatives that do not substantially impair the City's
rights under the contract. If inclusion of any of the City's contract provisions will result in higher
costs for the services, such costs must be specifically identified in the proposal. Unconditional
refusal to accept the contract provisions proposed by the City without offering acceptable
alternatives may result in disqualification of the offeror or a less favorable evaluation of its
proposal. Proof of required insurance is made part of this contract. Acceptance is not complete
unless and until proof of required insurance is submitted to the City.
II. CONTRACT TERM
It is anticipated the consultant will define the time necessary to complete Phase 1 of the contract,
but in no case shall the analysis extend beyond 9 months (no longer than February 30, 2007).
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APPENDIX
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ENGINEERING 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 Consultant:
City Hall Address:
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002 Telephone:
FAX: (541) 488-5311 FAX:
Date of this agreement: ~ B: RFP date:
Proposal date:
~2.2. Contracting officer:
~2.4. Project:
~6. Consultant's representative:
~8.3. Maximum contract amount:
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 RFP.
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.
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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 contractina 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. Consultino 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. Assianment 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.
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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. Comoliance 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 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(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 $15,964.00 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. Ownershio 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.
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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. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. 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.e
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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. Assianment:
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.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Gino Grimaldi
City Administrator
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Date:
Date:
Department Head
Coding:
(For City use only)
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CITY OF ASHLAND, OREGON
City of Ashland
LIVING
WAGE
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
~er hour effective June 30, 2005
~...1I
~--~~
(Increases annually every June 30 by the
Consumer Price Index)
Employees must be paid a
living wage:
rtion of business of their
ployer, if the employer has
or more employees, and
s received financial
sistance for the project or
business from the City of
Ashland in excess of $16,379.
..~
For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $16,379 or more.
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
~ 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
~ In calculating the living wage,
employers may add the value
of health care, retirement,
401K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
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.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees.
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ENGINEERING 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 Consultant: BROWN & CALDWELL
City Hall Address: 9620 BARBUR BOULEVARD STE 200
20 E. Main St. PORTLAND OR 97219
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/244-7005
FAX: (541) 488-5311 FAX: 503/244-9095
Date of this agreement: August 15, ~ B: RFP date: April 7, 2006
2006 Proposal date: May 18, 2006
~2.2. Contracting officer: Paula C. Brown, PE
~2.4. Project: WTP Process Improvements
~6. Consultant's representative: Robert Willis, PE
~8.3. Maximum contract amount: NTE $25,000.00
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 RFP.
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.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
AITAC ttf.. tfkrr ']
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. Authoritv of contractina 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. Consultina 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. Assianment 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.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06_02 Brown Caldwell Contract Doc 8 06.doc
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 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(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 $15,964.00 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
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
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. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to
the commencement of any work under this agreement. 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.
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06_02 Brown Caldwell Contract Doc 8 06.doc
17. Assianment:
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.
18. Modification:
No modification of this contract shall be valid unless in writing and signed by the parties.
CONSULTANT
By:
CITY OF ASHLAND
By:
Signature
Lee Tuneberg
Administrative Services/ Finance Director
Printed Name
Its:
FedlD#
REVIEWED AS TO FORM:
By:
Legal Department
REVIEWED AS TO CONTENT:
By:
Date:
Date:
Department Head
Coding:
(For City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-02 Brown Caldwell Contract Doc 8 06.doc
ENGINEERING 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 Consultant: BROWN AND CALDWELL
City Hall Address: 6500 SW Macadam Avenue, Suite 200
20 E. Main St. PORTLAND OR 97239
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/977-6632
FAX: (541)488-5311 FAX: 503/244-9095
Date of this agreement: August 15, 2006 B: RFP date: April 7, 2006
Proposal date: May 18, 2006
2.2. Contracting officer: Paula C. Brown, PE
2.4. Project: WTP Process Improvements
6. Consultant's representative: Robert F. Willis, PE
8.3. Maximum contract amount: NTE $25,000
B. AMENDMENT NO.1
1. Modification to Section 5. Consultina Services.
In accordance with the existing scope of services in this contract, the following additional defined consultant
services are added as further defined in Exhibit A, attached.
Item No. Description Amount
A Phase 2 - DesiQn Services $149,378
B Phase 3 - Construction Services $26,835
C Reeder Reservoir Study $61,124
P:\ 131454 City of Ashland WTP\Project Management\Contract Amendment No. 1 \Contract Amendment #1, 3-29-07.doc
A tJ,A.D-\t-\S'i: ,'3
2. Modification of Section 8. Payment
8.3 Total payment under this contract shall not exceed the adjusted total contract amount of $262,337.
A.
B.
Original Contract
Amendment No. 1
$25,000
237.337
$262,337
Adjusted total contract amount
CONSULTANT , ~ ~
By: ~-~-A..
. ., Signature
Bryan Paulson
Printed Name
Its: Vice President
CITY OF ASHLAND
By:
Lee Tuneberg
Administrative Services! Finance Director
Fed ID# 94-1446346
REVIEWED AS TO FORM:
By:
Legal Department Date:
REVIEWED AS TO CONTENT:
By:
Date:
Department Head
Coding:
(FOl' City use only)
P:\ 131454 City of Ashland WTP\Project Management\Contract Amendment No, 1 \Contract Amendment #1, 3-29-07,doc
EXHIBIT A
SCOPE OF SERVICES
Brown and Caldwell will provide design and construction services for necessary improvements to
the operation and capacity of the Ashland Water Treatment Plant (WTP). The level of effort for
these services is detailed in the Fee Estimate and Staffing Plan included herein. The level of effort
provided is based on the projects being completed by January 1, 2008.
PHASE 2 - DESIGN SERVICES
PHASE 200 Project Management
Task 100. Project Management. Consultant will provide project coordination between project
work groups. Contract and provide supervision to all subconsultants. Perform project status
reporting and communications necessary to inform City staff concerning the project. Perform all
accounting and billing functions necessary for the project.
Task 200. Compile Information for the Project and Conduct Kick-off Meeting. Consultant
will obtain, review, and compile existing information and plans for the WTP. A kick-off meeting
will be held to initiate the project, confirm the scope, identify available information, and make work
assignments.
Task 300. Project Closeout and As-boots. Consultant will perform the functions necessary to
complete the project, prepare as-built drawings for the work conducted, and complete the Oregon
Health Division requirements for the project.
PHASE 210 Hypochlorite Conversion
Task 100. System Design and Plans/Specifications. Consultant will design a conversion of the
existing free chlorine disinfection system to one using hypochlorite. Plans and specifications will be
provided sufficient to permit and contract for the conversion.
PHASE 220 Relocate Chemical Systems
Task 100. System Design and Plans/Specifications. Consultant will design the relocation of
the existing chlorine, potassium permanganate, soda ash, powdered activated carbon, and fllter aide
diffusers. The soda ash system will be improved with a two tank system and metering pumps.
Instrument and Control changes will be detailed for the raw water butterfly valve, filter to waste
process, and backwash sequence. Reprogramming of the control system will be done by another
contractor to the City. Consultant will prepare plans and specifications sufficient to permit and
contract for the work and to allow the controls contractor to perform his work.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\ 131454\Project Management\Contract Amendment No.1 \Ashland \X'TP Amendment 1 Scope 3-28-07.doc Page 1 of 4
PHASE 230 Remove Hydraulic Choke
Task 100. Meter Evaluation and Plans/Specifications. Consultant will review the options to
remove the hydraulic choke created by the existing venturi meter. A design will be prepared to
remove the hydraulic choke. Plans and specifications will be prepared sufficient to permit and
construct the designed improvements.
PHASE 250 Replace WTP Waste Line
Task 100. Design and Plans/Specifications. Consultant will design a replacement pipeline for
the existing WTP waste pipeline. The pipeline will extend from the plant to the existing waste pond.
The design will include a new overflow for the flocculation basins. Plans and specifications will be
prepared sufficient to permit and construct the designed improvements.
PHASE 260 Emergency Pump
Task 100. Design and Specifications. Consultant will specify a portable emergency, engine-
driven pump that can by stored at the WTP. Specifications will be prepared sufficient to purchase
the pump.
PHASE 3
CONSTRUCTION SERVICES
Task 100. Bid/Award Assistance. Consultant services to assist the City in obtaining bids will be
as follows:
· Receive and respond to bidder's technical questions during the bid period.
· Draft addenda to the plans and specifications. City will prepare the final version and distribute
to prospective bidders.
· Attend the bid opening and review the bid tabulation prepared by the City. Assess the bids to
determine the low bidder for project award.
Task 200. Office Engineering. Consultant will provide office engineering services to assist the
City in performing contract administration. Assist in determining whether the project contractor is
providing the materials and construction methods in accordance with the plans and specifications.
Task 300. Field Engineering and Observation. Consultant will provide engineering services to
assist the City in providing on site observation of the construction of the improvements. Duties
include assistance in maintaining a construction schedule that coordinates with the operation of the
WTP, assistance to the City's onsite construction inspector, coordination of special inspections, and
other assistance as necessary to fulfill the requirements of the task.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\131454\Project Management\Contract Amendment No.1 \Ashland WTI' Amendment I Scope 3-28 lJ7.doc Page 2 of 4
REEDER RESERVOIR STUDY
Task 100. Gather and Review Existing Data and Reports. Consultant will provide the
following services:
· Obtain and review U.S. Forest Service and other studies of reservoirs and sediment
transport/ content
· Collect past survey information and put into map form to use to compare to new data
· Compile relevant water quality CWQ) data, flow records, and personal observations from Darrell
McVey and others.
· Generate technical memorandum to index and summarize existing information.
Task 200. Inspection of Dam. Consultant will provide the following services:
· Contract and coordinate divers to inspect the dam and sediments behind the dam. Obtain the
dam plans and prepare a drawing for the divers to use. Divers will be asked to:
.
Confirm what is there in relation to what is shown on the plans.
.
Determine the condition of the metal structures found on the dam including both
outlet structures. Visually inspection for corrosion with a hammer test to determine
the rough soundness of the metal and depth of rust.
.
Video tape the metal structures and any other found basic elements of the dam.
.
Determine contents of the trash rack and whether items are piled in front of the
sluice way channel.
.
Determine the depth of the silt layer interface behind the dam under the water
system outlet and collect a grab sample. Determining the thickness of the sediment
against the dam face and whether it is fine or coarse material.
· Review the findings and prepare a technical memorandum to index the data and provide
recommendations.
Task 300. Water and Sediment Sampling. Consultant will provide the following services:
· Take WQ prof11es at two locations in the reservoir at a minimum of every 5 feet of depth.
Perform the prof11es a total of three times during the summer and fall. Analyze the samples for
a minimum of temperature and dissolved oxygen concentration.
· Take four discrete water samples at each of the two sample sites when the prof11es are being
made. Analyze the samples for total nitrogen, nitrate/nitrite, ammonia, total phosphorus,
soluble reactive phosphorus, and chlorophyll A.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\131454\Project ~[anagement\Contract Amendment No.1 \Ashland WfP Amendment 1 Scope 3-28-1I7.doc Page 3 of 4
· Collect algae samples at the two profile locations in the reservoir at a time when algae is present.
Collect two samples from each site, one at the surface and one at 10 feet in depth. On the same
day, collect an algae sample from a location near the shore where algae is obviously present.
Analyze the samples to determine the concentration and primary species of algae.
· Collect 3 samples of the sediment from locations specified within the reservoir with a clam-shell
sampler. Analyze the samples for total organic compounds, orthophosphorous, Total Nitrogen,
and grain size distribution.
· Take two sediment core samples and analyze for moisture content, particle size, Total
Phosphorus, and Total Nitrogen.
· Prepare a technical memorandum to index and report on the findings.
Task 400. Sediment Surface Survey. Consultant will provide the following services:
· Conduct a sediment surface survey to determine the current surface of the sediment in the
reservoir and prepare a wide-area augmentation system-grade bathymetric map for the reservoir.
· Compare the new surface map to the available existing data and determine an estimated rate of
change.
· Prepare a technical memorandum to present the data and findings.
Task 500. Recommendations and Report. Consultant will provide the following services:
· Compile the technical memoranda from Tasks 100 to 400 into a report of the findings of the
study.
· Develop draft conclusions and recommendations to review with the City. Recommendations
will include a proposed monitoring plan for the City to follow for the reservoir.
· Prepare a final report for the study.
Ashland WTP-Amendment 1 Scope of Services
March 28, 2007
P:\ 131454\Project Management\Contract Amendment ~o. 1 \Ashland 'WTP Amendment 1 Scope 3~28~U7.doc Page 4 of 4
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Slry RECORDER'S CCC'f
CITY OF I ,
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
Page 1 / 1
~.. 0 NJ1MBEg~!
07128
VENDOR: 008217
BROWN & CALDWELL
PO BOX 45208
SAN FRANCISCO, CA 94145-0208
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date: 5/18/2006
Speciallnst:
Req. No.:
Depl: PUBLIC WORKS
Contact: Paula Brown
Confinning? No
: .QuantTiY.. t.;Un'jJ...l;"',. .~ ~~. .~ I)escrr~tlc:l.nf ..
THIS IS A REVISED PURCHASE ORDER
BLANKET PURCHASE ORDER
EnQineerinQ recommendations for process
improvements at the Water Treatment
Plant to achieve hiQher functions.
~'.d ''Fg:~. ....8': ~"~,,~Tinr(l:'~ij:e~:~I~f'E~~:l?rice"".' ~l
25.000.00
RFP
Date of aQreement: AUQust 15. 2006
BeQinninQ date: May 18. 2006
Completion date: January 1, 2008
Processed chanQe order 05/15/2007
ChanQe Order No. 1 Addition of Phase II
& III Services and Reeder Reservoir
Study $237,337.00
Item A - DesiQn Services for Treatment
Plant Improvements (Phase II)
$149.378.00
Item B - Construction Services for
Treatment Plant Improvements (Phase
III) $26,835.00
Item C - Reeder Reservoir Study
$61,124.00
237.337.00
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
262.337.00
0.00
0.00
262,337.00
~~lIf~CC9iiWftij4ii16e,P ~ .t<<:iPr()j.~ctNilm~~r :~Jr ,"~,'''Arri()ytif''~'' ~~Accql,rl'l~NilmlJer '.Illr. ,,:~ .. 'PrQj~~t~t.mtleri!"i .~~.'~pui!(~
E 670.08.1 9.00.70420 200602.1 00 209 869.60
E 670.08.37.00.704201 200602.1 00 52 467.40
LM ~~47
A rized Slg atu
VENDOR COPY
A request for a Purchase Order
REQUISTION FORM
CITY OF
ASHLAND
Date of Request:
THIS IS A REQUEST FOR A:
[Xl Change Order (existing PO~~6( ,/,/;:Z.8
Required Date of Delivery/Service: tl$'Ni~
Vendor Name:
Address:
City, State, Zip
Phone:
Project Title:
Project Number:
BROWN & CALDWELL
PO BOX 45208
SAN FRANCISCO CA 94145-0208
WATER TREATMENT PLANT PROCESS IMPROVEMENTS
06-02
Services Only
Description
Original Contract Cost for the Water Treatment Plant Process Improvements
CHANGE ORDER NO.1 ADDITION OF PHASE II & III SERVICES AND
REEDER RESERVOIR STUDY $237,337
Item A - Design Services for Treatment Plant Improvements (Phase II)
Item B - Construction Services for Treament Plant Improvements (Phase III)
Item C - Reeder Reservoir Study
Account Number 670.08.19.00.704200 = 80% ($189,869.60)
"Please attach the Original signed contnJct and 1nsa-afJC9 Cartificates.
Account Number
Supervlsorl Dept. Head Signature:
tha the above request meets with COy o{ Ashland SoIicitiation Process requ.,
G:Pubwrks\EnglO6-02 Brown & Caldwell CO No l.xls
Updated on: 7/15102