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HomeMy WebLinkAbout1991-100 Contract - BlantonROBERT S. BLANTON, P.E. 130 WE~T NINTH STREET November 15, 1991 Mr. Jim Olson, Assistant City Engineer c/o Engineering/Public Works Dept City Hall Ashland, Oregon 97520 Re: Engineering Services Tolman Creek Road Improvement Dear Mr. Olson, I have reviewed the preliminary sketch of the alignment and a portion of the profile you provided for the Tolman Creek Road Improvement Project. I have also walked the length of the project twice to inspect the condition of the existing pavement section, during which time I observed the reaction of the pavement south of Hwy 66 to the heavy truck tires it is subjected to a large number of times each day. We've reviewed our files of jobs along Tolman Creek road, and in the vicinity, including the design of a pavement section at Croman Mill for the log sorting yard. In the interest of developing a pavement section that will have a design life of 20 to 25 years, we would like to conduct an investigation of the existing subgrade as a part of the design. This investigation will add to the cost of the Engineering work, of course, but I believe it will result in design decisions that will save many times its cost in street maintenance and replace- ment in future years. We propose to cut seventeen (17) cores through the existing paving, generally in the most heavily loaded portion of the paving, to (1) measure the existing pavement thickness, (2) to identify and qualify the types of pavement present, (3) to inspect the base materials, if any, and (4) to conduct penetro- meter tests with a static cone penetrometer which we can corre- late to CBR values in-situ. We propose to patch the core holes immediately after our measurements are complete. We also propose to excavate seven (7) shallow test pits along the right-of-way for the purpose of sampling the native soils for Moisture-Density and CBR tests. Samples will be taken of the soils at the approximate subgrade of the pavement (but not Tolman Creek Road Improvement Proposal Page 2 i__n the paved section) in order to make an assessment of of those native soils as a subgrade. the value Based on the results of the field and laboratory tests, we propose to prepare a recommended pavement section design which will incorporate traffic numbers to be determined by the Ashland Public Works Department, and which will be based on a 20-year or 25-year design life and some projected growth, to be determined by the City. We propose to prepare recommendations for your approval and consideration. We propose to provide Surveying Services as required to prepare a preliminary topographic plan of the 2800+ feet of roadway, plus extensions as necessary to transition both ends, and to include cross-sections at 50-foot intervals. Using the information gained from the preliminary topo- graphic survey, and after consultation with you we propose to prepare Plans, and Profiles of the street improvements, including detailed computations as necessary for locating curb inlets and sizing storm sewers and leaders. We also propose to prepare and publish that portion of the Specifications that describes the construction of specific items of work in the Project as per "Technical Detailed Specifications". After bids have been received by the City, and upon your Notice to Proceed, we propose to provide Construction Staking, as necessary to control the construction of the project. This will include staking at 25-foot intervals for curb and gutter sections, and hubs or shiners for centerline control, based on our understanding that there will be curbs, gutters, and sidewalks on both sides of the 44-foot face-of-curb to face-of- curb street from Highway 66 to the SPRR right-of-way, curb and gutter and sidewalks on both sides of a 44-foot street from Hwy 66 to the north property line of Tolman Creek Plaza, (with staking and construction of curbs, gutters and sidewalks to be done by the Plaza developer on the east side of the street), and curb and gutter and sidewalks on the west side only of a 24-foot paved section from the north property line of the Plaza to the north end of the Project. There will be tapers required at both ends of each side of the roadway. We propose to proceed on the basis of Fee Schedule charges, with fees billed monthly at the rates set forth on the Fee Schedule included herewith. We estimate that the total fees for services, including the preliminary investigation and report, the topographical survey, the preparation of Plans, Profiles, Construction Details and Specifications and Construction Staking will be between $21,000.00 and $23,000.00 and we will accept a "Not to Exceed" figure of $24,500.00. We sincerely thank you for the opportunity to submit this Proposal, and hope we will be able to serve you. We will be Tolman Creek Road Proposal Page 3 Improvement prepared to begin the preliminary subgrade investigation and to schedule the topographical survey upon receipt of your acceptance of this Proposal. Yours very truly, ROBERT S. BLANTON, P.E. 130 WEST NINTH STREET Effective: 9/1/91 ENGINEERING FEE SCHEDULE HOURLY LABOR RATES* ENGINEER I (Testifying) ENGINEER I (Principal) SOILS ENGINEER I ENGINEER II ENGINEER III ENGINEER IV/ENGRG TECHNICIAN CHEMIST SENIOR DESIGNER/DRAFTSMAN (Engineer) DESIGNER/DRAFTSMAN DRAFTSMAN PROFESSIONAL SURVEYOR 2-MAN FIELD CREW OFFICE TECHNICIAN (SURVEYOR) RESEARCH TECHNICIAN FIELD TECHNICIAN TECHNICIAN (In Lab) TECHNICIAN w/NUCLEAR DENSOMETER (1 hour minimum) TECH AIDE or ENGRG AIDE (Field) TECH AIDE or ENGRG AIDE (Lab or Office) $75.00/hour 60.00/hour 60.00/hour 54.00/hour 45.00/hour 35.00/hour 30.00/hour 45.00/hour 35.00/hour 28.00/hour 46.00/hour 72.00/hour 28.00/hour 25.00/hour 30.00/hour 26.00/hour 40.00/hour 18.00/hour 16.00/hour CLERICAL $20.00/hour MILEAGE .35/mile SUBCONTRACTS, MATERIALS, EQUIP. RENTAL - Cost plus 10% *Subject to the following: - To include loading, travel, and unloading time, as applicable - To include computations, checking, and report writing, as applicable - Overtime rate surcharge of 25% per hour if client requires work resulting in overtime compensation of employees - Additional charges for rental of equipment - Standby time is calculated at the same hourly rate as the associated service ENGINEERING SERVICES CONTRACT This contract is made on December 11, 1991 between the City of Ashland (City) and Robert S. Blanton (Engineer). Recitals: A. On , City issued a request for proposals (RFP) for engineering services needed by City for the Tolman Creek Road Improvement Project. Engineer submitted a proposal in response to the RFP on November 15, 1991. B. 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 Enqineer: 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 co,pier,on o~ ~ne pro~ect ~n ~ 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: 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" or "Owner" means the city of Ashland, Oregon. 2.3. "Contracting officer" means the City Director of Public Works or designee. 2.4. Project. "Project" means the Tolman Creek Road Improvement PAGE i-ENGINEERING AGREEMENT (p:a§rce\b[anton. K)(December 20, 1991) 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 December 11, 1991, and end on completion of all services required by this contract unless sooner terminated as provided in this contract. 4. Authority of contractinq 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, transmit instructions, receive information, interpret and define City's policies and make other decisions with respect to Engineer's services. 5. Engineerinq 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 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. PAGE 2-ENGINEERING AGREEMENT (p:a§ree\b[anton. K)(December 20, 1991) 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. services. Review available data relative to the 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 1 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. 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 PAGE 3-ENGINEERING AGREEMENT (p:a§ree\b%ant0n. K)(December 20, 1991) 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 Robert S. Blanton, 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. 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. 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 Exhibit 2 which is attached to and incorporated in this contract. No reimbursement will be made for expenses that are not specifically itemized in Exhibit 2 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. PAGE 4-ENGINEERING AGREEMENT (p:agree\btanton. K)(December 20, 1991) 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: Ail 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. 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 PAGE 5-ENGINEERING AGREEMENT (p:agree\b[anton. K)(December 20. 1991) 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. Provided, however, that coverage for professional errors and omissions liability may be for a minimum coverage of $100,000. 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. PAGE 6-ENGINEERING AGREEMENT (p:a§ree\b%anton. K)(December 20, 1991) 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. 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 as follows: Steve Hall, Director of Public Works, City Hall, 20 E. Main Street, Ashland, OR 97520. 16.2. Notices to Engineer shall be addressed as follows: Robert S. Blanton, 130 West Ninth Street, Medford, OR 97501. PAGE 7-ENGINEERING AGREEMENT (p:a§ree\b[amton. K)(December 20. 1991) 7. Assiqnment: 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~nless in writing an~ signed by the parties. Fed. ID # ~7~' ~d~Z REVIEWED AS TO CON~ENT City Dep.artment Head Date: ~/-~ ! / ~ I REVIEWED ~S TO FORM Cl~y Le, ga~ Counsel Date: Coding (for city use only) PAGE 8-ENGINEERING AGREEMENT (D:ag~ee\b[ant0n.~)(Deeembe~ 20, 1991) EXHIBIT 1 [From ¶ 5.1: Engineer shall provide services to City that are described in Exhibit 1 which is attached to and incorporated in this contract.] EXHIBIT 2 [From ~ 8.1: City shall pay Engineer for services and reimburse Engineer for expenses incurred by Engineer in performance of services in accordance with Exhibit 2 which is attached to and incorporated in this contract. No reimbursement will be made for expenses that are not specifically itemized in Exhibit 2 without prior approval by the contracting officer.] PAGE 9-ENGINEERING AGREEMENT (p:agree\b[ant0n,K)(December 20, 1991)