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Res 1918 - Eng ConsultantCOUNCIL BILL NO. 2759 RESOLUTION NO. 1918 A RESOLUTION DIRECTLY APPOINTING THE ENGINEERING CONSULTANT FIRM HARPER HOUF PETERSON & RIGHELLIS, INC. TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH FRONT STREET IMPROVEMENT PROJECT WHEREAS, the City Council, acting as the Local Contract Review Board, has the authority under the City's public contracting rules, and consistent with Oregon Administrative Rule 137-048, Model Rules for Consultant Selection: Architectural, Engineering, and Land Surveying Services and Related Services Contracts, to award a public contract by direct appointment; and WHEREAS, the requirements of the City consist of Construction Engineering Services that have been substantially described, planned and otherwise previously studied in earlier Contract with Harper Houf Peterson & Righellis, Inc. and are related to the same Project as the Design Engineering Services rendered under the previously awarded Contract; and WHEREAS, the City used a formal selection procedure described in rules applicable to a Local Contracting Agency under ORS 279A.065 at the time the City selected Harper Houf Peterson & Righellis, Inc. to perform the Design Engineering Services; and WHEREAS, it is in the public interest to directly appoint Harper Houf Peterson & Righellis, Inc. to provide Construction Engineering Services for the North Front Street Improvement Project. THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council, acting as the Public Contract Review Board, hereby directly appoints Harper Houf Peterson & Righellis, Inc. to perform Construction Engineering Services for the City in an amount not to exceed $277,636.00. Section 2. This direct appointment is based upon the Findings attached as Exhibit "A" and incorporated herein. Page 1 - Council Bill No. 2759 Resolution No. 1918 Section 3. The City Administrator is authorized to execute a contract with Harper Houf Peterson & Righellis, Inc. consistent with this Resolution. Approved as to form: ��� / �Q City Attorney � Dat ApprovV-d: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: /11 Mary Te ant City Recorder City of Woodburn, Oregon Page 2 — Council Bill No. 2759 Resolution No. 1918 athryn f glee, M January 12, 2009 January 14, 2009 January 14, 2009 January 14, 2009 Exhibit A FINDINGS SUPPORTING DIRECT APPOINTMENT OF HARPER HOUF PETERSON AND RIGHELLIS, INC. TO PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE NORTH FRONT STREET IMPROVEMENT PROJECT 1. The City currently has a contract with Harper Houf Peterson and Righellis, Inc. to provide Design Engineering Service for the North Front Street Improvement Project. 2. The Design Engineering Services contract with Harper Houf Peterson and Righellis, Inc. was signed by the City on February 28, 2007 for a sum of $225,815. 3. The Design Engineering Services contract with Harper Houf Peterson and Righellis, Inc. has been amended twice for a new contract amount of $289,515. 4. The Design Engineering Services contract scope of work that Harper Houf Peterson and Righellis, Inc. is currently working under does not include Construction Engineering Services. 5. The City has awarded Phase I of the North Front Street Improvement Project and a pre -construction meeting with the Contractor was held on December 11, 2008. The need for Construction Engineering Services is immediate. 6. The negotiated fee for Harper Houf Peterson and Righellis, Inc. to provide Construction Engineering Services for the North Front Street Improvement Project is $277,636. 7. The combined contract amount for Harper Houf Peterson and Righellis, Inc. to provide both Design Engineering Services and Construction Engineering Services for the North Front Street Improvement Project is $567,151. The total fee is significantly less, by percentage of the total project cost, than is typical for an urban street improvement project. 8. Harper Houf Peterson & Righellis, Inc. is the most qualified to perform Construction Engineering Services because they designed the project. 9. A third party consultant brought into the North Front Street Improvement Project at this time would have to defer to the Harper Houf Peterson & Righellis, Inc., as engineer of record for the design, to address Construction Engineering interpretation of the plans and specifications. Changes to the plans and specifications needed must be performed by the engineer of record. 10. There is no financial benefit to the City in awarding Construction Engineering Services to a firm other than Harper Houf Peterson & Righellis, Inc. Page 1