HomeMy WebLinkAbout1994-041 Contract - Adkins Consulting EngineersENGINEERING 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
(503) 482-3211
FAX: (503) 488-5311
ENGINEER: Adkins Consulting Engineers,
Inc.
Address: 130 West Ninth Street, Medford, OR
97501
Telephone: (503) 779-5375
FAX:
Date of this agreement: May 5. 1994
¶2.3. Contracting officer: City Director of Public Works
¶2.4. Project: North Main Street and Ashland Street Water Mains
¶6.1 Engineer's representative: Charles A. Johnson
¶8.3. Maximum contract amount: See Exhibit 1, page 3, Compensation
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. 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:
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2.1. "Contract documents" shall mean this contract, written authorizations
under subsection 5.3, written amendments to this contract, schedules established
under subsection 5.3 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. 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 connection with the services described in Exhibit 1, Engineer shall:
5.2.1. Consult appropriate representatives of City to clarify and
define City's requirements relative to the services.
5.2.2. Review available data relative to the services.
5.2.3. Identify data which is not available and is needed to fulfill
the services, and act as City's representative in obtaining such data.
5.2.4. Prepare monthly progress reports to the contracting Officer
on the status of services.
5.2.5. Cooperate with other consultants retained by City in the
exchange of information needed for completion of the services and the
project.
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5.3. The services described in Exhibit I 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. 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 1. 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.
5.4. 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.
7.2. City will provide information, documents, materials and services that are
within the possession or control of City and are required by Engineer for performance
of the 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.
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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.
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. City shall pay
Engineer within thirty days after receipt and approval of 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,
PAGE 4-ENGINEERING SERVICES AGREEMENT (p:agree\adkins.K)
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. 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 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. Providcd, howcvcr, that covcragc for
PAGE 5-ENGINEERING SERVICES AGREEMENT (p:agree\engform. K)
- profcssional orr~ors ar~ omissiens liability may bc for a minimum covoragc of
$100,000. ~;z ¢/~,,~ /~'7.,,.. ,f
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 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 14.3,
City may terminate by giving Engineer written notice sixty days prior to the termination
date.
15.2. If City terminates the contract under subsection 15.1, 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.
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15.3. If City terminates the contract under subsection 15.1, Engineer shall be
paid for all fees earned and costs incurred prior to the termination date. Engineer
shall not be entitled to be 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.
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. Assignment: 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.
ENGINEER CITY
REVIEWED ~S TO CCI~I't;;ENT
City ETep, artment Head
Date: %;/6//~ 4-
R EVI E/V~/, I~ [~..S__TO FORM
By f' I"-"~:::/
City Leoal Counsel
Date:-5"~'~;-fi y
Coding
(for City use only)
PAGE 7-ENGINEERING SERVICES AGREEMENT (p:agree\adkins. K}
EXHIBIT i
CITY OF ASHLAND
WATER MAIN CONSTRUCTION PROJECT
CONTRACTING AGENCY:
City of Ashland
Public Works Department
20 East Main Street
Ashland, Oregon 97520
(50;3) 482-3211
Contact: James H. Olson, City Surveyor & Assistant City Engineer
CONSULTING ENGINEER:
Adkins Consulting Engineers, Inc.
130 West Ninth Street
Medford, Oregon 97501
(503) 779-5375
Contact: Charles A. Johnson, Senior Engineer
SCOPE OF WORK:
The purpose of this project is the provision of engineering services by Adkins Consulting Engineers, Inc.
(Engineer) for the survey, design, documentation and on-going review of changes during construction of
water mains in and for the City of Ashland (City). The location and length of said water mains being:
1. North Main Street from Granite Street to the intersection of the Fox Street alignment with State
Highway 99, a distance of approximately 6500 feet (5500 feet per RFP + 1000 foot correction).
2. Ashland Street from a point east of Terrace Street to the existing 6" C.I. main near Euclid
Avenue, a horizontal distance of approximately 1300 feet.
The prosocution of this work will be pursued as a joint effort between the Engineer and the City with the
scope of work of the paxties as outlined below.
ADKINS CONSULTIN(; ENGINEERS, INC.
As its part in this project, the Engineer will provide the following materials and services:
Time Schedule:
The time frame for this project extends from May 1, 1994 to approximately February 5, 1995, a forty
week period. The scheduling of activities is projected to be as follows:
$/1/94 - 8/1/94 Design Phase: Ground and aerial surveys, preparation of plans, specifications,
estimates and other bid documents.
8/1/94 - 9/15/94 Bidding & Award of Contract: Conduct a pre-bid conference, provide addenda
as necessary, review the bids received, conf~rrn contractors references.
9/15/94 - 2/5/95 Construction: Conduct a pre-construction conference, provide surveyed
alignment, inspection and testin~ process change orders and requests for extra
work, certify completion and compliance.
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Surveying:
Plans will be based on right of way information from the City and, as appropriate, from the State, utility
base maps from the city, topography by aerial photography specific to this project, and information
acquired by field survey. Surveying will consist of deterre'ming control distances for aerial photos,
establishing horizontal and vertical control, determ'ming the profile of the Ashland Street right of way
between Terrace Street and Guthrie Street, verifying the location of utilities, and providing offsets for
pipeline construction where curb line is not available.
Plans:
Plans for North Main Street will have plan view by aerial photo with hand drafted alignment, profile and
text, plans for Ashland Street will be prepared using AutoCAD release 12. All plans will be prepared at a
scale of 1" = 20'. As available, preliminary plans will be submitted to the city for review of facility
location and to underground utilities for determination of possible conflicts. Traffic control plans will be
prepared in conformance with the requirements of the Oregon Depaxtment of Transportation and the City
of Ashland.
Bid Documents and Services:
Bid documents will include standard boiler plate and those documents required to assure compliance
with minimum wage and equal employment opportunity requirements. Special provisions will provide
definitions for parties of the contract as referenced in the Standard Specifications, and will specify the
materials and processes allowed by the Standard Specifications to be used in this project. Bid services
will include a prebid conference, preparation of addends as needed, review of the bids received, checking
references of the apparent low bidder and the second low bidder, recommendation to the City as to award
of contract, verification of bonding and subcontractors.
Contract Administration:
Contract administration services will include a preconstruction conference, review of contractor
submittals for approval of materials and equipment, review of requests for progress payments, processing
changes in the work and review requests for extra work submitted by the contractor.
Consreaction inspection will be coordinated with the city to assure compliance by the contractor with the
plans, specifications and other requirements. Compaction testing of trench and pavement materials will
be conducted by Soils Testing Laboratory, Inc.
Certification of completion and of compliance with plans and specifications and processing of the final
payment to the contractor will complete the project.
CITY OF ASHLAND:
As its part in this project the City of Ashland (City) will prodde the following materials and services:
· Provide bid document forms (boiler plate) and standard details.
· Acquire permits as needed.
· Locate underground utilities.
· Review and approve plan format.
· Review and approve location of faoilitic~ to be constructed.
· Review and approve traffic control plans.
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Review and approve plans and specifications.
Conduct the bidding process.
Award the construction contract.
Provide day-to-day inspection of the work with copies of daily reports to the Engineer.
Review and approve change orders.
Review and approve charges for extra work.
Make progress payments.
Conduct two-year warrantee inspection.
Make connections to existing system.
TIME FOR COMPLETION:
Plans, specifications and estimates are expected to be complete by August 1, 1994.
The contract should be awarded approximately September 15, 1994.
Construction should be complete approximately February 3, 1995.
COMPENSATION:
As compensation for the material and services provided to the City of Ashland, Adkins Consulting
Engineers, Inc., will receive payments as follows:
1. The Engineer will render invoices to the City monthly based on the fee schedule attached hereto
as set forth in Section 8 of the Engineering Services Contract.
2. The total compensation for survey, design and bid document services, as set forth above, shall not
exceed the following:
Schedule A (Ashland Street) $15,000.00
Schedule B (North Main Street) $30,000.00
3. The total compensation for contract administrahon services shall not exceed the following:
Schedule A (Ashland Street) $ 4,600.00
Schedule B (North Main Street) $10,400.00
4. The above breakdown between Schedule A and Schedule B is for aeeountin8 purposes. All of
the work set forth for survey, design and bid documents will be done in conformance with the
Engineering Services Contract. The City may elect to delete either schedule from the
construction phase of the work. If the City so elects, the compensation will be renegotiated for
the contract administration to be provided.
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