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HomeMy WebLinkAbout1997-073 Contract - MarquessCITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS ADMINISTRATION: (541) 488-5587 ENGINEERING: (541) 488-5347 CITY HALL 20 E. MAIN STREET ASHLAND, OREGON 97520-1814 FAX (541) 488-6006 NOTICE OF TRANSMITTAL TO: Barbara Christensen DATE PROJECT JOB NO. SUBJECT 08/1204197 Fordyce Street Improvement Project 97-21 Contract THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original contract for engineering services for the design of the Fordyce Street Improvements for filing. ENCLOSED X UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Department of Public Wo~/s~~_~ Engineering Division By: James H. Olson Title: Assistant City Engineer (c:\engineer~nottrans.frm 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 ENGINEER: Address: Telephone: FAX: Marquess & Associates 1120 East Jackson P. O. Box 490 MEDFORD OR 97501 541-772-7115 541-779-4079 Date of this agreement: June 24, 1997 I]2.3. ¶2.4. ¶6.1. ¶8.3. ¶B: RFP date: Proposal date: Contracting officer: Acting Public Works Director Project: Fordyce Street Improvement Engineer's representative: Charles A. Strom Maximum contract amount: $26,800.00 May 15, 1997 June 16, 1997 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. 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 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. exchange of project. Cooperate with other consultants retained by City in the information needed for completion of the services and the 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 I 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 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. 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 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. 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 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. 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: signed by the parties. ENGINEER /~ No modification of this contract shall be valid unless in writing and Fed. ID # 9;5-~-~9f,¢¢ '" REVIEWED~A~ ENT 7 ~rtment Head '. 6 V ,f,'¢' REVIEWED AS TO FORM By ~/,~ City L;~I,~.~u nsel Date: Coding (for City use only) ESTIMATED COST OF SERVICES: Preliminary Design and Topographic Survey Design, Specs & Approval Phase Bidding Phase Construction Staking Compaction Curves & Field Density Tests Inspection Phase and Progress Payments Record Drawings Reimbursables Estimated Total Engineering Fee $ 3,000 12,200 600 4,900 1,200 3,800 500 600 $26,800 ESTIMATE OF PERCENTAGES OF PERSON HOURS: Charles A. Strom Mark R. Dew David W. Cheney Stuart M. Osmus John R. Pariani Donald E. Sayer Pauline M. Carchidi Principal in Charge Project Engineer Design and Draft Registered Surveyor Surveying Inspection and Testing Secretarial 14% 10% 26% 18% 18% 11% 3% 100% 1120 EAST JACKSON P.O. BOX 490 MEDFORD, OREGON 97501 CONSULTING ENGINEERS ' TELEPHONE: (541) 772-7115 FAX: (541) 779-4079 EXHIBIT "A" January 1, 1997 ENGINEERING FEE SCHEDULE Executive Engineer .........................$ 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.