HVAC Assessment and Design Services Attachment A~1.docx

Attachment A Sample Professional Services Contract

STATE OF OREGON

STANDARD PROFESSIONAL SERVICES CONTRACT

(Architectural, Engineering, Land Surveying and Related Services)

THIS PROFESSIONAL SERVICES CONTRACT (the “Contract”) is between the State of Oregon, by and through its Oregon Department of Corrections (the “Owner”), and:

Contract #

Company

Oregon Business Registry #

Address

COBID Cert. #

City, State Zip

Phone # e-mail

Fax #

(the “Consultant”) (collectively Owner and Consultant are referred to as the "Parties"). This Contract is for Services related to completion of the project more particularly described as follows (the “Project”):

HVAC ASSESSMENT AND DESIGN SERVICES

This Contract shall become effective on the date that the Contract is fully executed by the Parties and all required State of Oregon approvals have been obtained (the “Effective Date”). No Services shall be performed prior to the Effective Date. The Contract shall expire, unless otherwise terminated or extended, on June 30, 2023. Generally, the Services to be performed by Consultant on the Project consist of the following (the “Services”):

(i) Phase 1 – Evaluation and Recommendations Report

(ii) Phase 2 – Design Services

The Services are more specifically described in the EXHIBIT A, Statement of Work. Owner agrees to pay Consultant a sum not to exceed $_____ for performance of the Services, which shall include all allowable expenses. Progress payments shall be made in accordance with EXHIBIT B, Consultant Compensation.

This Contract consists of these introductory provisions and the signature page(s), Section 1-Relationship of the Parties, Section 2-Consultant’s Responsibilities; Representations and Warranties, Section 3-Responsibilities of Owner; Special Contract Provisions, Section 4-General Contract Provisions and the following exhibits attached hereto and incorporated herein by this reference:

EXHIBIT D: American Rescue Plan Act (“ARPA”) Coronavirus State Fiscal Recovery Fund Project Requirements

THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTERS ADDRESSED HEREIN. THE TERMS OF THIS CONTRACT CANNOT BE WAIVED, ALTERED, MODIFIED, SUPPLEMENTED OR AMENDED, IN ANY MANNER WHATSOEVER, EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE PARTIES AND CONTAINING ALL REQUIRED STATE OF OREGON APPROVALS. ANY SUCH WAIVER, ALTERATION, MODIFICATION, SUPPLEMENTATION OR AMENDMENT SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, REGARDING THIS CONTRACT EXCEPT AS CONTAINED, INCORPORATED OR REFERENCED HEREIN. CONSULTANT, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS READ THIS CONTRACT, UNDERSTANDS THIS CONTRACT, AND AGREES TO BE BOUND BY ALL OF THIS CONTRACT’S TERMS AND CONDITIONS. THIS CONTRACT, AND ANY AMENDMENTS TO IT, MAY BE EXECUTED IN COUNTERPARTS (EACH OF WHICH SHALL BE AN ORIGINAL AND ALL OF WHICH SHALL CONSTITUTE BUT ONE AND THE SAME INSTRUMENT) OR IN MULTIPLE ORIGINALS. A FAXED FORM OF THIS CONTRACT OR ANY AMENDMENT THERETO, EXECUTED BY ONE OR MORE OF THE PARTIES, WILL CONSTITUTE A COUNTERPART HEREOF, AS LONG AS THE COUNTERPART BEARING THE PARTY’S ORIGINAL SIGNATURE IS PROMPTLY TRANSMITTED TO THE OTHER PARTY AND RECEIVED BY THAT PARTY FORTHWITH.

Consultant

Approved:

Date

2.1.9. Certified Business Firms. Pursuant to ORS 279A.110, Consultant shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business, in the awarding of subcontracts. Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, business that a service-disabled veteran owns or an emerging small business under ORS 200.055 (a “Certified Business Firm”), as and when applicable, the Consultant shall maintain any certifications applicable to the Consultant, and require in its subcontracts that sub-consultants maintain any applicable certifications required by Section 2, Chapter 325, Oregon Laws 2015, as amended by Section 26, Chapter 565, Oregon Laws 2015 as a material condition of the Contract. If the Consultant or sub-consultant was awarded the Contract or any underlying subcontract, as applicable, in the course of the Owner’s carrying out an affirmative action goal, policy or program under ORS 279A.100 – 279A.107, and fails to maintain the required certification, Owner may terminate the Contract, require the Consultant to terminate the sub-consultant, or exercise any of the remedies reserved for breach of the Contract; and

2.1.10. Certified Business Firm Outreach Plan. If Consultant submitted a Certified Business Firm Outreach Plan as part of the procurement process for this Contract, that plan is incorporated by reference into this Contract as though fully set forth herein. Consultant, as performance obligations of this Contract, shall conduct the outreach, subcontracting and assistance efforts included in Consultant’s Certified Business Firm Outreach Plan.

2.2.10. Consultant has no undisclosed liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.

Owner's responsibilities under this Contract, and certain additional responsibilities of Consultant, are set forth in Exhibits A and B.

4.16.3.5. Consultant has liquidated and delinquent debt owed to the State of Oregon of any department or agency of the State of Oregon.

Exhibits A through G are attached.

STATE OF OREGON

STANDARD PROFESSIONAL SERVICES CONTRACT

EXHIBIT A

STATEMENT OF WORK

Owner and Consultant agree that the following Services shall be provided by Consultant for the HVAC assessment and design for the Project. The completed Project is intended to be a functional structure and improved site that can be legally occupied and fully used for the intended functions as constructed. For purposes of this Contract, “Basic Services” are those Services described in Phases 1 and 2 of this Exhibit A, “and “Reimbursable Expenses” are those expenses described in Section B.2 of Exhibit B-Consultant Compensation, and further defined in Section B.1.03 of Exhibit B.

A.1 BACKGROUND AND PROJECT DESCRIPTION:

The Owner operates twelve (12) correctional facilities throughout Oregon, housing adult offenders with sentences of more than twelve (12) months in a variety of facilities of various ages and conditions which require ongoing repair, maintenance and upgrades (“Institutions”). From time to time architectural and engineering services are required as part of the maintenance and improvement projects to comply with code and regulations of the local jurisdictions and to evaluate building systems.

On August 18, 2021 a Cooling Systems Survey (“Survey”) was distributed to physical plants at each Institution. Each Institution completed the Survey to identify cooling capability and cooling system condition for the occupied areas of the Institution building lists obtained from a Facility Condition Assessment (“FCA”) conducted in 2015 by Faithful+Gould, Inc. Identification of cooling system priority for areas needing cooling or system upgrades was included in the Survey. Not all locations elected to provide system priorities. This report summarizes the data provided into cooling capability and cooling system condition by square foot for all institutions and follows with each Institution’s individual summary.

The Survey capability options included those systems, or combination of systems, that are industry recognized permanent mechanical cooling systems constructed in, or affixed to, building structures. For the study, portable air conditioners were not considered cooling systems, and were noted in the Institution system description where applicable but were not included in the summary tables.

Of the occupied space surveyed, approximately 81% of Institutions collectively have cooling capability, with approximately 13% of spaces uncooled, and approximately 5.5% of the remaining space having mixed capabilities resulting in spaces with cooled and uncooled areas.

Of the spaces that are fully cooled, air-conditioning systems are the primary cooling system at approximately 55%. Approximately 28% of cooling is a combination of air conditioning and evaporative cooling systems, with approximately 17% of spaces cooled exclusively by evaporative systems.

Collective cooling system conditions are reported as adequate for approximately 47.5% of spaces, with approximately 37.5% of spaces needing upgrades to existing systems, and approximately 15% of spaces needing added cooling system(s).

The summary of all the Institutions:

· Total Square Footage of Occupied Space Surveyed: 4,673,642

· Systems Description: cooling systems include evaporative cooling, various types of air conditioning systems combined into a single category labeled AC/Chilled Water, and combinations thereof.

Locations:

· Coffee Creek Correctional Facility (“CCCF”): 24499 SW Grahams Ferry Rd., Wilsonville, OR 97070

· Columbia River Correctional Institution (“CRCI”): 9111 NE Sunderland Ave., Portland, OR 97211

· Deer Ridge Correctional Institution (“DRCI”): 3920 East Ashwood Rd., Madras, OR 97741

· Eastern Oregon Correctional Institution (“EOCI”): 2500 Westgate, Pendleton, OR 97801

· Oregon State Correctional Institution (“OSCI”): 3405 Deer Park Drive SE, Salem, OR 97310

· Oregon State Penitentiary (“OSP”): 2605 State St., Salem, OR 97310

· Powder River Correctional Facility (“PRCF”): 3600 13th St., Baker City, OR 97814

· Santiam Correctional Institution (“SCI”): 4005 Aumsville Hwy SE, Salem, OR 97317

· Snake River Correctional Institution (“SRCI”): 777 Stanton Blvd., Ontario, OR 97914

· South Fork Forest Camp (“SFFC”): 48300 Wilson River Hwy., Tillamook, OR 97141

· Two Rivers Correctional Institution (“TRCI”): 82911 Beach Access Rd., Umatilla, OR 97882

· Warner Creek Correctional Facility (“WCCF”): 20654 Rabbit Hill Rd., Lakeview, OR 97630

Owner expects Consultant to review the FCA and Survey, further investigate cooling system needs at each Institution, provide electrical and mechanical evaluations of building systems and recommendations for appropriate system upgrades (the “Project”). Owner further expects Consultant to provide Services, as described in detail in Section A.9 below (the “Services”), generally consisting of professional architectural and engineering design services for the Project, including but not limited to schematic design, design development, ensuring compliance with U.S. Green Building Counsel’s Leadership in Energy and Environmental Design (“LEED”) program standards, and preparing cost estimates for the Project.

A.2 PROJECT REPRESENTATIVES:

Consultant’s Representative for this Contract and the Project is _____, phone ______, fax _____, email ________.

Owner’s Representative and Contract Administrator for this Contract and the Project is _______, _________, Oregon Department of Corrections, 3601 State Street, Salem, OR 97301, phone _______, fax _______, email __________.

A.3 ACCESS TO FACILITIES:

Access to any DOC facility is subject to the provisions of OAR 291-016, DOC Rule on Facility Access.

Upon request by Owner, Consultant shall provide (at its own expense) Owner with sufficient personal information about its agents or employees, and the agents and employees of its Subconsultants (if any), who will enter upon premises controlled, held, leased, or occupied by Owner during the course of performing this Contract to facilitate Owner’s criminal record check of such personnel, at state expense.

A.4 CONSULTANT CONDUCT:

When providing Services under this Contract, whether inside or outside Owner’s facilities, Consultant and its employees, Subconsultants and representatives shall conduct themselves in a civil, polite, courteous, and professional manner at all times in their interactions with inmates, Owner staff and volunteers, and the public. Consultant and its employees, Subconsultants and representatives shall not under any circumstances fraternize with inmates. Consultant and its employees, Subconsultants and representatives shall immediately report to the Owner’s Representative/Contract Administrator any conduct they observe or any information they receive in the course of providing Services under this Contract regarding inappropriate or unlawful conduct by any Consultant or contractor employee or representative, inmate, Owner staff or volunteer.

A.5 PROJECT PHILOSOPHY: Consultant shall perform professional services for site planning, regulatory compliance and design of the Project to obtain the greatest long-term value for the State of Oregon, and to result in the prudent expenditure of public funds within the constraints of the Project program, context, and budget. In pursuing these goals, Consultant, with Owner's assistance, shall:

A.6 PROFESSIONAL LICENSES, REGISTRATIONS, AND…