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Home My WebLink About2009-019 CONT AMND #2 - HDR Engineering ENGINEERING SERVICES CONTRACT AMENDMENT NO.2 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 Address: . City Hall 20 E. Main St. Ashland, OR 97520 PHONE: (541) 488-5347 FAX: ( 541 ) 488-6006 Date of this agreement: August 5, 2008 Consultant: HDR ENGINEERING INC. Address: 1001 SW 5TH AVENUE STE 1800 PORTLAND OR 97204-1134 (503) 423-3700 (503) 423-3737 RFP Date: JULY 24, 2007 Proposal date: AUGUST 27, 2007 PHONE: FAX: B: 1{2.3 City Contracting Officer: Michael R. Faught, Director of Public Works 1{2.4. Project: Transportation System Plan Capital Improvement Project Update 1{6.1. Engineer's Representative: Michael Downing, Department Manager 1{8.3. Maximum Contract Amount: $178,880.00 B. AMENDMENT NO.2 1. Modification to Section 2.4 Add Siskiyou Boulevard Pedestrian Safety Review - per attached HDR Scope of work and cost estimate dated July 25, 2008 and made a part of this addendum 2. Modification to Section 8.3 A. Original Contract Amount = $117,000.00 B. Add cost of extra work AMD 1 = $41,260.00 C. Add cost of extra work AMD 2 = $20,620.00 D. Adjusted total contract amount = $178,880.00 CITY BY. BY ~~ Finance Directo Fed. ID # q'-O~~OSIo<6 REVEIWED AS TO CONTENT BY ~~~~~ City Department Read Date: a.. J G to 1 Coding: (for City use only) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECmOO7\07-12 Contract Amend 2_ 25JuI08.doc 1Tf-Y-.- ; "'"" ....... C. r' '.'" t' ..,-- r · j. 1i J..- . . ~r<._ Ii \} i~"" ~ \ ; 11-... J ....) ~.....,...~ July 25, 2008 Karl Johnson Assistant Engineer City of Ashland . 20 East Mam Street Ashland, OR 97520-1814 . . :",",", i t4 \, 4~.f i:;~. :....:. '" ',''''~ · : . _ ~ '. .: '.~' · '1 \:.,,' S~bject: Siskiyou Pedestrian Safety'Review Propos~1 Dear K~l: Based on the discussion between Mike Faught, Paula Brown, you, arid me over the' past weeks and in response to your request, we are providing a fonnal propos~ to review' pedestrian s.afety issues in the Siskiyou B~ulevard corridor. In response to staff and community concerns regarding the series of vehicle- pedestrian collisions on Siskiyou Boulevard, HDR will conduct an examination of the collision history, the design and operational characteristics of the Siskiyou Botilevard corridor between East Main Street and Walker Avenue (excluding the, Siskiyou/Walker interse,ction). HDR will examine the measures already taken by the City to address the collision history. As a result of the examination, HDR will make recommendations on measures the city sh9Uld consider to address the. identified collision history. The "recommendations will be provided in order of , increasing "effectiveness ratio" as estimated through a comparison of relative effectiveness version the effort to imp.ement (measured either by time or capital cost). S~ope of Work Task 1 , Review Existing Information and Develop Range of Options HDR will review the foll~wing existing infonnation provided by the City: · Collision reports for all pedestrian-vehicle collisions .on Siskiyou Boulevard between East Main Street and 'Walker Avenue (but not including the Walker Avenue/Siskiyou intersection) during the 2003 - 2007 period (five years of data). · "As built" drawings for the most recent ~provements to the Siskiyou corridor' inclusive of any change orders for traffic signalization and signal timing plans · Traffic volume data · Pedestrian volume data (including consideration of ch'anges in pedestrian travel patterns related to changes in near by land uses) HDR Engineerinl,lac. 1001 SW 5th Avenue Suite 1800 Portland. OR 97204-1134 Phone: (503) 423-3700 Fax: 1503) 423-3~37 www.hdrinc.com III T ----- 1 ~ _ ~_" Karl Johnson, City of ~shland . Page 2 ..;.. Siskiyou Pedestrian Safety. Review PTo~sal .. yo (" l' r '" .. Minutes of the Traffic Safety Commi~ee meetings when this issue was discussed. - .. . . Actions implemented by. the City to address. the observed collision history with the date of impl~mentation, . including 'recently developed plans for the . i~stallation of flashing bea~ons at four I~cations on Siskiyou (Palm, G.artield, . Avery and Bridge). Based on the review of existitig information, HDR/ s professiorial knQwledg~ of . operational, design and .traffic control measures, and research on new and . emerging roadway and traffic control technologies HDR will prepare a' preliminary sorted'list of potential measures for cOnSicleration. The sorted list will. be based on an approximated "effectiveness ratio" which compares an e~ated effectiveness of a measme with the effort, time and cost to implement. Specific , ' cost estiImites will not be prepared but industry-standard UIiit costs will be used in the "effectiv~ness ratio" iI . HDR will visit the Siskiyou 'Boulevard corridor to observe traffic operations, collisio~ locations and to assess any possible ,adjustments to the preliminary sorted list of potential me~ures. . HDR will, if neede~ revise the preliminary, sorted'list of potential measures for consideration. . Assumptions: Two (2) members ofHDR will conduct one (1) field visit coordinated with meetings. with City staff and the Siskiyou Safety Ad-Hoc Conunittee (Tasks 2 and 3).' None . Deliverables: . Task 2 . Meet wIth City Staff, . HD:k will meet with,City staff to discuss the preliminary sorted list of potential measmes for consideration; the purpose of the meeting is to, determine the range of options for addressing the issue that the ~ity' s staff considers to be acceptable. HDR will prepare and distribu~ a brief draft' meeting s~ary. HDR will revise . , the meeting summary based on . single set of consolidated comments received . ,. from the C.ity's 'proje~t manager. A final meeting summary will be prepared. Assumptions: Meeting will be held in Ashland, .Oregon: Two (2) HDR .- · , Team members will attend th~ meeting, The meeting will . . be' held on the day after the site vfsit (part of Task 1) and on the'same day as the meeting with the Siskiyou Safety.Ad- Hoc Committee (Task 3). HDR E_,l...rin._ Ilc. 1001 SW 5th ~venU8 Suite 1800 Portland: OR 97204-1134 , Phone: ,(503) 423-3700 Fax: (503) 423-3737 www.hdrinc.com Karl Johnson,. City .of Ashland . Page, 3'~ Siskiyou Pedestrian ~afety Review Proposal Deliverables: City's' proJect manager will provide a single set of, consolidated ~o~ents within two weeks of rec~ipt of the draft meeting notes. . Draft Meeting Suinriuiry in Word format, Final Meeting '. Summary in hard c~py, MS .WQrd and PDF formats. , . Task 3 Meet with Siskiyou Saf~ty Ad-Hoc Coriunittee " HDR will attend one (1) meeting of the Siskiyou' Safety A~-Hoc Committee to discuss the, preliminarY sorted list of potential meas~s for consideration. The purpose of this meeting is for the Siskiyou Safety Ad-Hoc Committee to define ~e range of options .consi4ered to ~ acceptable for addressing the ~ss~e. Assumptions: Meeting will, be held in Ashland, Oregon on the same day as the, meeting with city staff,(T~sk 2) and as part of a regularly scheduled, meeting of the committee. Two (2) HDR Team members will attend the meeting. The City will .be responsible. for the preparation of meeting summaiy and ' provision ofth8.t summary to.HDR within two weeks of the ,meeting. . Deliv,rables: . Meeting attendance. Task 4' Treatment Measure Refinement . . . . HDR will.re'fi~e the preliminary sorted list of potential' measures for consjder~tion . based on the input received hi Tasks 2 & 3. The existing information examined, site visit notes and research Wil~ be summarized ,in a draft technical memo' which Will include the refined. sorted list of potential measures for consideration.,HDR ' will resPond to a single set of consolidated comments received' from the City's project manager and will prepare a' fmal technical ~emo. . ' , . , Assumptions: A maximum. of 24 persol)-hours of research is asswned to', . pursue requests from city. staff and ~e Siskiyou Safety Ad~ Hoc Committee for addition~ information'. City consolidated comments will be received within hyo (2)' . weeks offue submission (;lfthe draft technical memo. DeliVerables: . Draft technical memo in Word format; Final technical mem~ in h~d copy, Word, and PDF fonnat HDR Enli....rin..lnc~ 1001 SW 5th Avenue Suite 1800 Portland. OR 97204-1134 Phone: (503) 423-3700 Fax: 1503) 423-3737 wWw.hdrinc.com ITr-T ----~ '. . , Karl Johnson; City of Ashl~~' , Page 4 - Siskiyou Pedestrian Safety Review Proposal . , Task ~ Meet with City Staff . . HDR will mee~ with city staff to discuSs the final technical ,memo and review a presentation of the recommendations. to the. Siskiyou Safety Ad-Hoc Comm~ttee. Assumption~: . Meeting will be held iD: Ashland, Oregon. One (1) HDR 'Team member will attend the meet~g. The me~ting Will be held on the same day as the meeting with the Siskiyou ~~ety Ad-Hoc Committe~ (Task 6). . Deliverables: A~endance at meeting with City staff . Task 6 Meet with Siskiyou SafetY Ad-Hoc Comini~ee , HDR will attend one (1) meeting of the' Siskiyou Safety Ad-Hoc Committee to present the recom~endatioD.s from the final technical memo and to answer . questions from the committee. " . . . Assumptions: Meeting Will be held in Ashland, Oregon. One (1) HDR , Team member will attend the -meeting. -The meeting will be held'on the same day. as the meeting with the City Staff . (task 5).. . The City_ will be (esponslble for the preparation of meeting . summary and provision of.that summary to HDR. Deliverables: . Meeting attendance Task 7 · Me.et with City's Traffic Safety Committee (Optional) HDR will attend one (1) meeting of the City's.Traffic Safety Comniittee in. , support of City ~taff presentation of recommended treatments, technologies 'or .' actions to addr~ss ~e' c~llision history. HDR will respond to questions from the Traffic'Safety Committee as diIec~ed by the.City's .project manager. : . . Assumptions: Meeting will be held in Ashland, Oregon as part of a regul~ly scheduled meeting of the 'committee. One (1) HDR'Te~ member will attend the m~e~ing. . , Deliverables: Meeting attendance. : Buf;lget . .' , The total co~t of this work is estimated to be $20,620 inclusive of the one optional task.. The cost of the optional meeting with the Traffic Safety Meeting is estimated. . - , , . . HDR Enli...rinl. Inc. 1001 SW 5th Avenue Suite 1800 Portland. OR 97204-1134 Phone: (503) 423-3700 Fax: 1503) 42~3737 www.hdrinc.com Karl Johnson, City of Ashland . Page 5 - Siskiyou Pedestrian Safety Review Pr~posal at.$1,515. If~e optional task are excluded the estimated cost is reduced to . '$19,105. . . . The estimate4 budget includes the effort to manage the described work inclwllng monihIy invoicmg, monihly written progress reports and regularly scheduled project progress telephone discussions for the two-caJendar month duration of this . work. , . . . Schedule , . . As we discussed during our July 10, 2008 project progress call, we are prepared to . proceed 'with this safety review upon receiPt of written notice to proceed. It may be advantageous to strategically sched~e the field work such that pedestrian activity on Siskiyou connected with SOU and other educational fa~ilities is at a higher level than it is during July and August. Our discussion indicated that occurs i~ late Sep~e~ber. . , . , Our most recent comniuiUcation indicates that th~ .City m~y be prepared to provide notice to proceed on August 6, 2008 with an expectation that TaSk 1 would he conduc~ed on August 12 and Tasks 2 and 3 on August 13. If that . assumption is correct, the entire work effort (exclusive of the optional task) would be completed by September 19, 2008. The overall schedule for this work is . approximately 6 calendar weeks wiUt some of those ,weeks providing staff . adequate review time for draft sub~ittals. Project T~am. . . To perform the specialized safety review propos~d in om scope of work, HDR traffic' safety engineer, Willard Bradshaw PE, will be added to our project team. '. . Willard is registered as both traffic arid a civil engineer in the State of Oregon. He has over 30 years of experience of which 20 were spent as the State Traffic Engineer. Willard brings a depth of technical knowledge and professional judgment to h~lp client~ addr~ss difficul~ traffic engineering issues. 'Will8:ld's professional approach is" particularly helpful when the public has a heightened aware~ess of the tr~c'or traffic safety ~ss~e in question. H~R Engine.rin.. II~. 1001 SW 5th Avenue Suite 1800 Portland. OR 97~04-1134 Phone: (503)' 423-3700 Fax: 1503) 423-3737 www.hdrinc.com -.rr-r--- ....~ 6 . Karl Johnson, City of Ashland Page 6 - Siskiyou Pedestrian' Safety Review Proposal . , Thank you for the opportunity to' provide this proposal for, additional services to the City of Ashland. If you, Paula or ~e have questions, I would be glad to address them. Please feel free to contact me by phone at my office number. (503) 423-3705 or by cell phone at (503) 422-2420., . . Sincerely, " .' . ~~..P. Evan Dust . Senior Planner Mithael Do g . . Vice-President/Department. ~anager. Attachment: Budget' estimate ResUme for Willard Bradshaw . ' . '. HDR En,i...rinl. Inc. 1001 SW 5th Avenue- Suite- 1800 Portland. OR 97204-1134 Phone: (503) 423-3700 Fax: (503) 423-3737 www.hdrinc.com 8 s ~ 10_ .!!!! · Ii!HiS .Ii · i!&E! .Ii · .! · i1 i . ~! .1 ".. . . . ... I') fit ~ g -:lIW'IO~ 10. .~. ..... i...i.. i.... ...... .1" .. . .. ~ ..... . .. ... -- 10. .!!!! .1!H5 .lii .!~E! · Ii & · .! .is .!! .... .lar. . . .. 4");; N N ~ ..:~ . 0 M:lWH fill I.... ..... ..~ . I... . ... .. - .,' ~8~1D ~~~ -~ .IBI! · ~ I . . 9 .11 .a9 I . - -~ . . 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I ::I ::I ::I ::I ::I ::I ct) ct) ct) ct) ., ., ct) ct) ., ~ 'I I I I I I I ~ 1 tJ E I I , i ~ i! u I . II. s. s :II I. 1: J u 1 J II. If I I It II .~ jl~ S I :I C H -I~ lill II Il! II I I!~~ I ~ Ih~ I. S.f :I J .s8 ;llH JIll B! :I II I~ ct) u - I 1:: ~ Ii Ii ~ ~ Iii Uti !in li- IIn lu ; j~ w . -1!1- 01:::10 '0 ~ -~ %........ ~" -~- .. ~ " fit .. . . .. ~ .M .M .M .M .M .M .M ..I ! ! I! ! ! ! ! u .s i M a: c J: -. --_.__._..-.....>~- -----..r-.----. ..- ENGINEERING SERVICES CONTRACT Consultant services contract made on the date specified below in Recital A between the City and Consultant as follows: '. Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Consultant: . City Hall Address: 20 E. Main St. Ashland, Oregon 97520 (541) 488-6002 FAX: {541) 488-5311 503/423-3700 503/423-3737 HDR ENGINEERING INC. 1001 SW 5TH AVENUE STE 1800 PORTLAND OR 97204-1134 .Telephone: FAX: Date of this agreement: SEPTEMBER .18, 2007 ~ B: RFP date: JULY 24, 2097 Proposal date: AU~UST 27, 2007 ~2.2. Contracting officer: Paula C. BrQwn, PE ~2.4. Project: Transportation System Plan Capital Improvement Project Update. ~6. Consultanfs representative: Claude Sakr, PE '8.3. Maximum" contract amount: NTE $117,000.00 . B. On the date noted above. City issued a request for proposals (RFP) for consulting services needed by City for the project described above. Consultant submitted a proposal in response to the RFP on the date noted above. . , C. After reviewing Consultanfs proposal and proposals submitted by other offerors, City selected Consultant to provide the services covered by the RFP. . City and Consultant agree as follows: .1. Relationshio between City and Consultant:. " '.Z'J.61 Consultant accepts the relationship of trust and confidence established between Consultant and City by this ~Ees contract. Consultant eev~R8flts with the City to perform services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the locality of the project. Consultant further eOVeRaA13 to cooperate with City. atys 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. Consultant shall provide professional a ZIl A"I consulting services for City in all phases of the project to which this contract applies, serv~ as Gilts professional .,. ...., consulting representative for the project, and give professional consultation and advice during the term of this . contract. Consultant acknowledges that City -is relying on consultant to provide professional consulting services in a manner that is consistent with the interests of City. :N41N'teJ<IN6-2. Definitions: ... . 'NO Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the · lTA-tJ'r eOR3tftletieR industry, unless the context clearly indicates otherwise.. As used in this contract: 2.1. .City" means the City of Ashland, Oregon. Cf .2f}.-Of 2.2. .Contracting office'" means the person specified in Recital A above or that person's designee. 2.3. .Projectn means the project described in Recital A. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc III I ---__J III ~ 2.4. .Work. or .Services. shall mean all labor, materials, plans, specifications, opinions, reports; and other q.. ~,d] consulting services and prodtlets which Consultant 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 Contractina Officer: The contracting officer shall haye 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 , sefVices, transmit instructions, receive information, interpret and define Cilts policies and make other deci.sions with respect to Consultant's services. 5. Consultina Services: Consultant shall provide services to City that are described in the RFP. 5.1. In connection with the services described in the RFP, Consultant shall: 5.1.1. Consult appropriate representatives of City to clarify and define Cilts requirements relative to the services. 5.1.2. Review available data relative to the services. 5.1.3. Identify data which is not available and is needed to fulfill the services, and act as" cnyas representative in obtaining such data. 5.1.4. Prepare monthly progress reports to the contracting Officer on the status of services. 5.1.5. Cooperate with other consultants retained by City in the exchange of infonnation needed for completion of the services and the project. 5.2. Consultant shall commence perfonnance of services within five " days after receiving written authorization from the contracting officer for work described in the RFP. Consultant 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, Consultant shall submit for cnyas approval, a schedule for the performance of work elements described in the RFP. 'Each schedule shall include allowance for periods of time required for cnyas review and approval of Consultant's services. Each schedule, approved by City, shall become a part of this contract. 5.3. Consultant shall perform the services as an independent contractor in accordance with generally " accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's negligence. cnyas review, approval, acceptance of, or payment for, any of the $ervices shall not be construed to waive any of cnyas rights under this contract or of any cause of action arising out of Consultant's services. In the . event of any breach of this contract by Consultant or negligent performance of any of. the services, Cilts cause of action against Consultant 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 Consultant beyond the maximum time limitation provided by Oregon law. 6. Assianment of Consultant'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 Consultant's representative in all communications and transactions with City . " 6.2. Consultant will endeavor to honor reasonable specific requests of City with regard to assignment of Consultant's employees to perform services if the requests are consistent with sound business and professional p~actices. 7. Responsibilities of City: 7.1. City will cooperate fully with Consultant 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 Consultant for performanc~ of the services. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 907.doc 7.3. City will arrange for access to, and make all provisions for Consultant to enter upon, public and private Property as required for Consultant 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, Consultant, public agencies. and others involved in the project. a.Pavment: 8.1. City shall pay Consultant for services and reimburse Consultant for expenses incurred by Consultant . in performance of services in accordance with a payment schedule to be submitted by Consunant 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. Consultant shall submit monthly invoices to City for Consultant'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. Comoliance with Law: . 9.1. This contract will be governed by and construed in accordance with laws of the State of Oregon. Consultant 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 279C.505, 279C.515, 279C.520 and 279C.530. 9.2. Pursuant to ORS 279C.520(2) any person employed by Consultant 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 anyone 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. Consultant is a .subject employer- as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to City that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is a carrier insured employer. Consultant shall provide City with a certificate of insurance. If Consunant is a self-insured employer, Consultant shall provide City with a certification from the Oregon Department of Insurance and Finance as evidence of Consultant's status. 9.4. If the amount of this contract is $15.964.00 or more, Consultant is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the service work under this contract. Consultant is also required to pOst the attached notice predominanUy in areas where it will be seen by all employees. 10. Ownershio of Documents: All documents prepared by Consultant pursuant to this contract s~all 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 . Consultant. 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 Consultant without prior written authorization of Consultant. 11. Records: . 11.1 ~ Consultant shall develop and maintain complete books of account and other records on the services which are adequate for evaluating Consultant's performance. Consultant 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 Consultant's other business. 11.2. Consultant's books and records shall be made available for inspection by City at reasonable times, to verify Consultant's compliance with this contract. City shall have the right to request an audit of Consultant's books and records by a certified public accountant retained by City. 12. Indemnification: G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc Consultant shall defend, indemnify and save City, its officers, agents, and employees harmless from any~a~d all claims, actions, costs, judgments, damages or other expenses resulting from injury to any person (including inj 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 Consultant (including but "6\ limited te, the negligent acts or omissions of Consultant1s'employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consu.ltant 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. Consultant shall, at ns 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 contractualliabili for obligations assumed under this. contract, blanket contractual liability, products and complete operations BAd e..VAe~3 8ReI eefltF8ete~3 I3reteotive 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 'imits 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 loccurrencel basis. IOaims madel coverage will not be acceptable, except for the coverage required by subsection 13.1.2. . 13.4. Contractor shall submit certificates of insurance acceptable to the City with the signe.d contract prior to the commencement of any work under this agreement. Each certificate shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage cannot be made until at ~east 30 days prior written notice has 'been given to City. A certificate which states merely that the issuing company 'Will endeavor to maUl 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 n 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, ~ither 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 tenninate 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 of the State of Oregon for Jackson County. 15. Termination: 15.1 Mu~ual consent. This contract may be terminated at any time by mutual consent of both parties. 15.2 Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. . 15.3 For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: a. If City funding from federal, state, county, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc b. If federal or state regulations or-guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or c. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by- this contract for any reason denied, revoked, suspended, or not renewed. 15.4 For Default or Breach. a. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving notice may.authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. b. Time is of the essence for Contractor's performance of each and every obligation -and duty under this contract. City by written notice to Contractor of default or breach. may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. - c. The rights and remedies of City provided in this subsection (15.4) are not exclusive and are in addition to any other rights and remedies provided by law or under th_is C9ntract. 15.5 Obligationlliabilitv of Parties: Termination or modification of this contract pursuant to subsections 15.1. 15.2, 15.3 and 15.4 above shall be without prejudice to any obligations or liabilities or either party already, accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections 15.1, 15.2. 15.3 and 15.4 of this section. Contractor shall immediately ceased all activities under this contract, unless expressly directed otherwise by City in notice of termination. Further, upon termination, Contractor shall deliver to City all contract cIocuments, information, . -works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 16. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to - finance the costs of this contract within the City's fiscal year budget. Consultant understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is _ contingent on City appropriations. or other expenditure authOrity sufficient to allow City in the exercise of its reasonable administrative discretion. to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, CitY may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Consultants. with no further liability to Consultants. 17. 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. 17.1. Notices to City shall be addressed to the contracting officer at the address provided for the City in Recital A above. 17.2. Notices to Consultant shall be addressed to the Consultant's representative at the address provided for the Consultant in Recital A above. 18. Assianment: ,City and Consultant 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. Consultant shall not assign or subcontract Consultant'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 Consultant. G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07_12 HDR TSP CIP Contract Docs 907.doc . 19. Govemina Law: Jurisdiction: Venue: This contract shall be governed and construed in accordance.with the .Iaws of the State of Oregon without resort to any j~risdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, .the clai.ml) between the City (and/or any other or departm~nt of the State of Oregon) and the Contractor that arises from or relates to this C9ntract shall be brought and con9ucted solely and . .exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely. and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. ~ I 20. MERGER CLAUSE: THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER .PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CI-JANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, . AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THI'S CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 21. ModifICation: , No modificatio~ of this contract shall be valid unless in writing and signed by the parties. CITY OF ASHLAND By: . ~ c::L-~ . Lee Tuneberg Finance Director By: Its: FedlD# . By: . Legal Department. "*0/ REVIEWED AS TO CONTENT: 'BY:'.~ Dfl'partment Head .Date: 8-oCrfJ/ Coding: ;z(,(J, (/~ B.r ()(J '76fzco (For City use only) G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2007\07-12 HDR TSP CIP Contract Docs 9 07.doc RE'.'C~" ,r-O .1(7 j;;;intc: January 23, 20.09 . Mr. Mike Faught Publ~c W or~s Director ,City :of'Ashlarid, .20 East . Main Street Ashland, OR '975~O-1814 FEB 2 .2009 . C~ty. of Ashiand . S'ubject:.. Finall~voi~e' -Siskiyou Pedestria~ Safety Review Dear.Mike:, . Please find ()ur final invoic.ethatcovers all work perfonnro for the captione<F study. This includes work performed by' David Parisi (Parisi Assocjates Transportation Consultants), coordination of designer and suppliers for the flashing pedestrian. beacons, . and. pedestrian and traffic volume cOUnts. ' . .' .' . . . . ,. . In response to your request, amendment No. 2 to HDR's cqntract with the City of Ashland for the. Transportation SystemPlan.CapitallmprovementProjectUpdate, signed by BDR, is also attached.Howev~, please note'that the scope as' presented.in' thisatDendmcnt'isan ,'outdated " versiqnoftlte'scope,andd~es ~otmatch the work actually performed, such as the analysis of p#estrian issues on Siskiyou Boulevar~. HDR looksforw~dto a timely resolution of this matter! It has,beenour'pleasure.to be' 'of service' ~otheCityof Ashland. Sincerely, ~ Evan Dust Project 'Manager Attachments: Invoice No. 00076942~H Fullyexecuted:'~endmentNo~ 2 'cc: Jini'Olson' Karl Johnson' , HDR.E.'i.'.rinl~lnc~ 1001 SW,5th Avenue Suite 1 BOO , Portland. OR 91204-1134 ' Phone: (503) 423-3700 Fax: (503).423-3737 .www.hdrmc.com III CITY RECORDER Page 1 / 1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 7/1/2008 07884 VENDOR: 006912 HDR ENGINEERING 1001 SW 5TH AVENUE SUITE 1800 'PORTLAND, OR 97204 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: PUBLIC WORKS Contact: Mike FauQht Confirming? No THIS IS A REVISED PURCHASE ORDER EnQineerinQ consultant for the Transportation System Plan Capital Improvement Proiect .Update and System Development CharQe Update. Processed chanQe order 03/20/2008 Amendment No.1 - Add Phase II Transit Review and Update to orQinal project. Processed chanQe order 02/18/2009 ChanQe Order ~o. 2 for Siskiyou Pedestrian Safety Review, Approved by City Council on AUQust 5, 2008 117,000.00 . 41 ,260.00 20,620.00 ....,. SUBTOTAL , TAX FREIGHT TOTAL 178 880.00 0.00 0.00 178,880.00 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 ~~ ~~p A thorized Signature VENDOR COPY CITY OF ASHLAND A request for a Purchase Order REQUISTION FORM Date of Request: THIS IS A REQUEST FOR A: [X ] Change Order (existing PO# ) Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip Phone: Project Title: Project Number: HDR ENGINEERING, INC. 1001 SW 5TH AVENUE, STE 1800 PORTLAND, OR 97204-1134 (503) 423-3700 (503) 423-3737 2007-12 Services Only Soli citCl,ti on 'Pr()ce$s: [ ] Exempt [ ] 3 Written 'Quotes (copies attached) [ ] Sole Source [ ] Invitation to Bid (copies on file) [ ] Less than $5000 [ X] Request for Proposal (copies on file) Description Total Cost Change order 2 was approved by council on August 5, 2008 Siskiyou Blvd/ Ashland St Reconstruction Project Change Orders No. 1 through 3 Change Order No.2 for Siskiyou Pedestrian Safety Review Account Number Account Number 260.08.35.00.704200 *Please attach the Original signed contract and Insurance Certificates. Employee Signature: Supervlsorl Dept. Head Signature: if\. ;~j2~. ~ . NOTE: By signing this requistiion form, I certify tha the above request meets with Ctiy of Ashland Solicitiation Process requirements and can be provided whefrTTe'C'essary. G:Pubwrks\Eng\07-12 Change Order Requisition.xls Updated on: 7/15/02 -m"T