HomeMy WebLinkAbout1997-145 Contract - MarquessCITY OF ASHLAND -~ .~* CITY HALL
DEPARTMENT OF PUBLIC WORKS ,~ , 20 E. MAIN STREET
ADMINISTRATION: (541)488-5587 ASHLAND, OREGON 97520-1814
ENGINEERING: (541) 488-5347 FAX (541) 488-6006
NOTICE OF TRANSMITTAL
TO:
Barbara Christensen
DATE
PROJECT
JOB NO.
SUBJECT
12/18/97
Crowson Reservoir Roof Repair
96-12
Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Original contract for engineering services for design of the Crowson Reservoir Roof Repair.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
(c:\engineer\nottrans .frm
Department of Public Wor~ jt~/
Engineering Division ~3/~/
By: James H. Olson ///~
Title: Assistant City Engin~6r
ENGINEERING SERVICES CONTRACT
Engineering services contract made on the date specified below in Recital A between
the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-5587
FAX: (541) 488-6006
Date of this agreement:
¶2.3.
¶2.4.
¶6.1.
¶8.3.
ENGINEER: Marquess & Associates
Address:
Telephone:
FAX:
1120 East Jackson
P.O. Box 490
MEDFORD OR 97501
541-772-7115
541-779-4079
¶B: RFP date:
Proposal date:
Contracting officer: City Director of Public Works
Project: Crowson Reservoir Roof Repair
Engineer's representative:
Maximum contract amount:
June 3, 1996
November 6, 1997
Dale W. Hofer, P.E.
$19,000.00
B. On the date noted above, City issued a request for proposals (RFP) for engineering
services needed by City for the project described above. Engineer submitted a proposal
in response to the RFP on the date noted above.
C. After reviewing Engineer's proposal and proposals submitted by other offerors, City
selected Engineer to provide the services covered by the RFP.
City and Engineer agree as follows:
1. Relationship between City and Engineer: Engineer accepts the relationship of trust
and confidence established between Engineer and City by this contract. Engineer
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 engineer
caliber in the locality of the project. Engineer 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, Engineer shall provide professional
engineering services for City in all phases of the project to which this contract applies,
serve as City's professional engineering representative for the project, and give
professional engineering consultation and advice during the term of this contract.
PAGE 1 --(c:en9ineer/project\crowson. Con)
Engineer acknowledges that City is relying on Engineer to provide professional
engineering 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. "Contract documents" shall mean this contract, written authorizations under
subsection 5.4, written assignments under subsection 5.2, written amendments to this
contract, schedules established under subsection 5.4 and exhibits incorporated in other
contract documents.
2.2. "City" means the City of Ashland, Oregon.
2.3. "Contracting officer" means the person specified in Recital A above or that
person's designee.
2.4. "Project" means the project described in Recital A.
2.5. "Work" or "Services" shall mean all labor, materials, plans, specifications,
construction contract documents, opinions, reports, and other engineering services and
products which Engineer 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 contracting Officer: The contracting officer shall have the authority to act
on behalf of City in the administration and interpretation of this contract. Subject to the
limitations on authorization of assignments under subsection 5.2, the contracting officer
shall have complete authority to authorize services, 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 Engineer's
services.
5. Engineering Services:
5.1. Engineer shall provide services to City that are described in Exhibit 1 which
is attached to and incorporated in this contract.
5.2. In addition to the services described in Exhibit 1, the parties may agree to
have Engineer provide other discrete services that are necessary for completion of the
project. Such services will be initiated by written assignments as follows:
5.2.1. Assignments under this subsection should be used only for
services that are beyond the scope of the services described in Exhibit 1.
No assignment is necessary to authorize services that are customarily
PAGE 2 -(c:engineer\project~crowson. Con)
provided in conjunction with, or are ancillary to, the services described in
Exhibit 1.
5.2.2. Assignments which cover services that will cost less than
$15,000 may be initiated by the contracting officer. Assignments that cover
services which will cost more than $15,000 must be approved by the City
Administrator.
5.2.3. Each assignment shall specify the duties of Engineer, the
objective of the assignment, the scope of the assignment and the
estimated cost of the services.
5.2.4. Each assignment shall be signed by both parties.
5.2.5. Each assignment shall incorporate and be subject to the
provisions of the contract documents unless the assignment specifically
provides otherwise.
5.3. In connection with the services described in Exhibit 1 and services
authorized by assignments under subsection 5.2, Engineer shall:
5.3.1. Consult appropriate representatives of City to clarify and
define City's requirements relative to the services.
5.3.2. Review available data relative to the services.
5.3.3. Identify data which is not available and is needed to fulfill the
services, and act as City's representative in obtaining such data.
5.3.4. Prepare monthly progress reports to the contracting Officer
on the status of services.
5.3.5. Cooperate with other consultants retained by City in the
exchange of information needed for completion of the services and the
project.
5.4. The services described in Exhibit 1 are divided into discrete work elements.
Engineer shall commence performance of services within five days after receiving written
authorization from the contracting officer for work elements described in Exhibit 1 or
assignments made under subsection 5.2. Engineer 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, Engineer shall submit for City's approval, a
schedule for the performance of work elements described in Exhibit I and assignments
made under subsection 5.2. Each schedule shall include allowance for periods of time
required for City's review and approval of Engineer's services. Each schedule, approved
by City, shall become a part of this contract.
PAGE 3 -(c:engineerkproject\crowson. Con)
5.5. Engineer shall perform the services as an independent contractor in
accordance with generally accepted standards in Engineer's profession. Engineer shall
be responsible for the professional quality, technical accuracy and the coordination of
all services performed by Engineer. Engineer shall, without additional compensation,
correct or revise any error or deficiencies in the services that are caused by Engineer'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 Engineer's services. In the event of any breach of this contract
by Engineer or negligent performance of any of the services, City's cause of action
against Engineer 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 Engineer beyond the maximum time limitation provided by
Oregon law.
6. Assignment of Engineer'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 Engineer's
representative in all communications and transactions with City.
6.2. Engineer will endeavor to honor reasonable specific requests of City with
regard to assignment of Engineer'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 Engineer to achieve the objectives of this
contract.
within
of the
7.2. City will provide information, documents, materials and services that are
the possession or control of City and are required by Engineer for performance
services.
7.3. City will arrange for access to, and make all provisions for Engineer to enter
upon, public and private property as required for Engineer 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, Engineer, public
agencies, and others involved in the project.
7.6. City shall perform such other functions as are required by written
assignments under subsection 5.2.
PAGE 4 --(c:engineer~project~crowson. Con)
8. Payment:
8.1. City shall pay Engineer for services and reimburse Engineer for expenses
incurred by Engineer in performance of services in accordance with a payment schedule
to be submitted by Engineer 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. Engineer shall submit monthly invoices to City for Engineer'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. Engineer shall promptly observe and comply with all present and
future laws, orders, regulations, rules and ordinances of federal, state, City and city
governments with respect to the services including, but not limited to, provisions of ORS
279.312, 279.314, 279.316 and 279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by Engineer 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 any one 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. Engineer is a "subject employer" as defined in ORS 656.005 and shall
comply with ORS 656.017. Prior to commencing any work, Engineer shall certify to City
that Engineer has workers' compensation coverage required by ORS Chapter 656. If
Engineer is a carrier insured employer, Engineer shall provide City with a certificate of
insurance. If Engineer is a self-insured employer, Engineer shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of
Engineer's status.
10. Ownership of Documents: All documents prepared by Engineer 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 Engineer,
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
Engineer without prior written authorization of Engineer.
11. Records:
11.1. Engineer shall develop and maintain complete books of account and other
records on the services which are adequate for evaluating Engineer's performance.
PAGE 5 -{c:engineer\project\crowson. Con>
Engineer 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 Engineer's other business.
11.2. Engineer's books and records shall be made available for inspection by City
at reasonable times, to verify Engineer's compliance with this contract. City shall have
the right to request an audit of Engineer's books and records by a certified public
accountant retained by City.
12. Indemnification: Engineer 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 Engineer (including but not
limited to, the negligent acts or omissions of Engineer's employees, agents, and others
designated by Engineer to perform work or services attendant to this contract). Engineer
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. Engineer shall, at its own expense, at all times during the term of this
contract, maintain in force:
13.1.1. A comprehensive general liability policy including coverage
for contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned
and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or
greater than the limits for claims made under the Oregon Tort Claims Act with minimum
coverage of $500,000 per occurrence (combined single limit for bodily injury and property
damage claims) or $500,000 per occurrence for bodily injury and $100,000 per
occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims
made" coverage will not be acceptable, except for the coverage required by subsection
13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City prior
to the commencement of any work by Engineer. Each certificate shall state that
coverage afforded under the policy cannot be cancelled or reduced in coverage cannot
PAGE 6 -(c:engineer\project~crowson. Con)
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
or District 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 8.4 or
subsection 14.3, City may terminate by giving Engineer written notice sixty days prior to
the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.1,
Engineer 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, Engineer shall be paid
for all fees earned and costs incurred prior to the termination date. Engineer shall not
be entitled to compensated 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.
PAGE 7 -(c:engineer\project~crowson. Con)
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 Engineer shall be addressed to the engineer's representative at
the address provided for the Engineer in Recital A above.
17. Assionment: City and Engineer 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. Engineer shall not assign or subcontract Engineer'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 Engineer.
18. Modification: No modification of this contract shall be valid unless in writing and
signed by the parties.
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PAGE 8 - (e ,engineer\projeet\erowson. Con)
~ & ri~, 1ne. CONSULTING ENGINEERS
1120 EAST JACKSON
P.O. BOX 490
MEDFORD, OREGON 97501
TELEPHONE: (541) 772-7115
FAX: (541) 779-4079
November 6, 1997
Mr. Jim Olson
Ashland Engineering Department
20 East Main Street
Ashland, Oregon 97520
RE: Crowson Reservoir
Replacement Roof Structure and Baffle Design
Engineering Services Proposal
MAl Job No. 1-6011.1
Dear Jim:
Weare pleased to provide the City of Ashland the following engineering services fee proposal for
the design of the Crowson Reservoir roof structure and improvement of water mixing/diffusion
within the reservoir, This revised proposal addresses items identified in your November 4, 1997
letter on this subject.
BACKGROUND:
We understand that the City seeks to renovate the existing reservoir by replacing the existing
degraded roof structure with a new permanent roof structure. We understand that "permanent" is
intended to mean a structure designed and built to current Code, with a service life in excess of 40
years. The City also seeks to modify the hydraulics to improve diffusion/mixing of the water.
Based on our March 3, 1997 inspection of the existing facility, we believe that the water retention
boundary of the reservoir is generally sound and serviceable, The existing concrete roof deck,
and its support structure are at the end of their safe service life,
Our March 3, 1997 observations found that the flow structure reqUIres improvement, We
recommended that the baffling system be improved.
ENGINEERING SERVICES:
Engineering services covered by this fee proposal include:
1, Preliminary and schematic design phase includes engineering services for the
replacement roof structure and baffling system, Design schematics will be
submitted to the City for review and approval.
Mr. Jim Olson
November 6, 1997
Page 2
2. During final design phase, contract documents, including drawings and
specifications, will be developed for use by the City in soliciting construction
services, Three copies of engineering calculations documenting the design basis,
sealed by Oregon Professional Engineers will be provided to the City. Marquess &
Associates, Inc, will also provide assistance during the bid phase, including
attendance at pre-bid conferences,
3. Construction phase activities include engineering services in support of the City's
monitoring of construction phase work. Engineering services include assistance
and attendance at pre-construction conferences, response to contractor inquiries,
and review of submittals. Marquess & Associates, Inc. Engineers will also
perform structural observations (Code Section 1702) of critical items including:
a. Completion of Demolition
b, Footings
c, Structural Framing
d, Deck Installation
e, Substantial Completion
4. At the conclusion of construction, we will submit record drawings.
5, Section 1701: Special Inspections and quality control testing will be required as
defined by Code.
PROPOSED SCHEDULE
Activity
ProDosed Duration
1.
Schematic Designs
2 weeks following authorization
to proceed
1 week
3 weeks following approval of
schematic design
1 pre-bid conference
a, 1 Pre-Construction Conference
b, Shop Drawings - 1 week
c, Miscellaneous Submittals - 3 days
d, Structural Observation and
Inspections with 1 day notice by
General Contractor
2,
3,
City Review and Comment
Contract Documents
4,
5,
Bid Phase
Construction Phase
Note: Days refers to standard work days excluding Saturdays, Sundays and holidays.
Mr. Jim Olson
November 6, 1997
Page 3
FEES:
1. For Engineering Services:
Marquess & Associates, Inc. proposes to provide the above described engineering
services for a lump sum of Fifteen Thousand Three Hundred Dollars ($15,300.00)
broken down as follows:
a,
Preliminary/Schematic Design
$ 2,400.00
b,
Final Design; Contract Documents,
and Bid Phase Assistance
$ 8,400.00
c.
Construction Phase; Review,
Observations, and Record
Drawings
$ 4.500.00
TOTAL ENGINEERING SERVICES
$1530000
2. For Special Inspection and Materials Testing per Code Section 1701
Marquess & Associates, Inc, proposes to provide special inspection and material
testing services for a "probable fee" of Two Thousand Dollars ($2,000.00), The term
"probable fee" expresses that the actual fee will vary in accordance with the labor and
services expended. Actual inspection and testing is highly dependent on construction
schedule and sequencing, The basis for our estimate is as follows:
a. Testing fresh concrete and taking cylinders for testing ($175 per trip).
b. Welding inspection ($130 per trip),
c. Ultrasonic testing would be performed by another firm acting as a
subcontractor to Marquess & Associates, Inc, We would bill you directly for
their work with no added mark-up,
d, Submittal of test results
e. Reimbursable expenses for printing, permits and fees, mileage, telephone calls,
fax, photographs, etc,
PROBABLE FEE FOR INSPECTION AND TESTING
$ 2,000 00
Mr. Jim Olson
November 6, 1997
Page 4
OTHER CON SID ERA nONS:
1, As compensation for services rendered, a billing will be sent on the first day of each month
showing the percentage of work completed on the project, Payment of the billings must be
made by the 20th of each month, Late payments will be subject to a service charge of 1,5%
per month on the unpaid balance. In the event work is stopped on this project, the hourly rate
shall determine the engineering fee.
2, If, after a definite scheme has been approved, the Owner or governing Municipality or Agency
makes a decision, which for its proper execution involves additional services and expense for
changes in or addition to drawings, specifications or other documents, or changes in methods
or procedure or of handling the work, or if the Owner or Contractor delay the work, or if
either is delinquent or becomes insolvent, then the Engineer shall be equitably paid for such
additional services and expense,
3, This letter is written as an Engineering Proposal and Agreement. An acceptance line is
provided for your signature. Please return one signed copy for our files,
4, In the event suit or action is instituted to enforce this agreement or any terms hereof, or in the
event of any appeal from suit, action or proceeding, the prevailing party shall be entitled to
such sums as the court may adjudge reasonable as attorney's fees in such suit, action or appeal.
This proposal, if not signed and returned within 60 days of the above date, will become invalid and
must be renegotiated.
Very truly yours,
~/4-
E~J. Hoo, P.E.
DWH/EJH/pc
Enclosure: Engineering Fee Schedule
OWNER AUTHORIZATION
~
Approved By z"
/
Date 1/ / I t:j 10)7
~ & ri~, 11te. CONSULTING ENGINEERS
1120 EAST JACKSON
P.O. BOX 490
MEDFORD, OREGON 97501
TELEPHONE: (541) 772-7115
FAX: (541) 779-4079
EXHIBIT" A"
January 1, 1997
ENGINEERING FEE SCHEDULE
Executive Engineer .......................,..,..............,...........$ 91.00 per hour
Principal Engineer ...................................................... $ 81. 00 per hour
Geotechnical Engineer .................................................. $ 71. 00 per hour
Project Engineer......................................................... $ 64.00 per hour
Registered Land Surveyor/Senior Engineering Technician ......$ 59.00 per hour
Design Coordinator............... ............ .......... .................$ 55.00 per hour
Design Engineer .,............... .... ....."........ ............. .........$ 52.00 per hour
Soils Field Technician......,............................................ $ 50.00 per hour
Designer/Soils Lab Technician........................................ $ 48.00 per hour
Drafter II .................................................................. $ 44.00 per hour
Drafter I ..,......................,......................................... $ 42.00 per hour
Inspector .................................................................. $ 48.00 per hour
AutoCAD Operations .,.............,..........,.......................$ 20.00 per hour
Survey Crew - 2-Person Party......................................... $ 95.00 per hour
Survey Crew - 3- Person Party ....................................... $115.00 per hour
Word Processor ............................... .. .. .. . .. .. .. .. .. .. . .. .. .. $ 34.00 per hour
Mileage......... ............... ......... .... ...................... .......... $ 0.32 per mile
Out-of-Pocket Expenses................................................. Actual Cost
Material Testing Services.....,............................,.."........ Schedule Provided On Request
PAYMENT: Payment on the billings must be made on or before the 20th day of each month.
A CHARGE OF 1.5% PER MONTH (18% ANNUAL PERCENTAGE RATE) WILL BE ADDED
AFTER 30 DAYS UNLESS PRIOR ARRANGEMENTS ARE MADE.