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HomeMy WebLinkAbout2010-115 Contract - Hardey Engineering ,. CONTRACT FOR PERSONAL SERVICES CITY OF ASHLAND CONSULTANT: Hardey Engineering & Associates, Inc. 20 East Main Street CONTACT: Jim Higday ADDRESS: P 0 Box 1625, Medford OR 97501 Ashland, Oregon 97520 TELEPHONE: (541) 772-6880 Telephone: 541/488-6002 . FAX: (541) 772-9573 Fax: 541/488-5311 DATE AGREEMENT PREPARED: 7/24/08 BEGINNING DATE: Auaust 6,2008 COMPLETION DATE: June 30,2010 COMPENSATION: Not to exceed $46,000 per attached proposal dated June 23, 2008. SERVICES TO BE PROVIDED: Provide preliminary and construction engineering services necessary to develop and implement the 200B Miscellaneous Concrete Construction Project No. 2008-17. Services to be provided shall be in accordance with the attached proposal. ADDITIONAL TERMS: FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inqUiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan. for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serVe the needs of the City; and (6) the compensation negotiated herein is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: 1. Findings I Recitations. The findings and recitatiqns set forth above are true and correct and are Incorporated herein --.-bYJhls,reference.- _._ _ _ . .. n. ._. .. ._.. ._ _h o___.____ .00. . 2. All Costs by Consultant: Consultant shall, at Its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service performeo, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. B. Llving Wage Requirements: If the amount of this contract is $18,088 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 notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. . 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (includirig injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 10. Termination: a. Mutual Consent. This contract mav be terminated at anvtime bv mutual consent of both parties. G:lpub-wrkslenqldept-adminIENGINEERIPROJECl\2008\08-17 H~rcf"v r.nntr~c.t r.nn~rAtA r.nnd 7 nR nn~ DanA 1 nf? " 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified maffi or in person. c. For Cause. City maytterminate or modify this contract, in whole or in part, effective upon delivery of .written notice to Consultant, Olr at such later date as may be established by City under any of the following conditions: . i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to alllow for the purchase of the indicated quantity of services; ii. If federal or sllate 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 Iii. If any license ,or certificate required by law or regulation to be held by Consultant to provide the services requiired by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breact1. i. Either City or Consultant may terminate this contract in the event of a breach of the contract by the other. Poor to such termination the party seeking termination shall give to the other party written notice cof the breach and intent to terminate. If the party committing the breach has not entirely cured '!he breach within 15 days of the date of the notice, or within such other period as the party givilll9 the notice may authorize or require, then the contract may be terminated at any time thereaftetr by a written notice of termination by the party giving notice. ii. Time is of the IllSsence for Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights anell remedieS of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. OblioationlLiabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or c.above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such ._, _~e~lnati9n_Ol. mo.dification. ..Hc>weve~,,!!p_on.~ce.iY.il)g,a,notice,OfJermination,(regardless,whether-such'notice'is'= = given pursuanfto subsections a,b, c or d of this section, Consultanlshall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant shall deliver to City'all contract documents, information, works-in-progress and other property that are or would be deliverables had ticle contract been completed. City shall pay Consultant for work performed prior to the termination date if such WOIrk was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract imy portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Consultant shall be fully res~onsible for the acts or omissions of any assigns or Subcontractors and of all persons employed by them, and thlll approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or sub9Qntractor and City. 13. Default. The Consultant shall be hi. default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contradt. 14. Insurance. Consultant shall at its;own expense provide the following insurance: a. Worker's Compensation insuranCe in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. Professional Liabilitv illasurance with a combined single limit, or the equivalent, of not less than Enter one:. $200,000, $500,000, $1,000.00<<1, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to cover damages caused by error;, omission or negligent acts related to the professional services to be provided under this contract. c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, $2,000.000 or Not Applicable for each occurrence for Bodily Injury and Property DamaQe. It shall Include contractualliabilitv coveraoe for the Indemnitv orovided under this contract. G:lpub-wrkslengldepl-adminISURVEYORIHlaroey Survey ServiceslFYOB Hardey Survey Services Contract 6 OB.doc ,Page 2 of 9 d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1.000.000, or. Not Applicalble for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. Notice of cancellation or chanoe. Thene shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) witthout 30 days' written notice from the Consultant or its insurer(s) to the City. f. Additionallnsured/Certificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Addillionallnsureds on any insurance policies required herein but only with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Consultant shall fwmish acceptable insurance certificates prior to commencing work under this contract. The certificate will specify aliI of the parties Who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. af requested, complete copies of insurance policies; trust agreements, etc. shall be provided to the City. lrhe Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self-il1lsurance. 15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdidiion's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the CIity (and/or any other or department of the State of Oregon) and the Consultant that arises from or relates to this corn'tract shall be brought and conducted 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. Consultant, 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 trom the jurisdiction. 16., THIS CONTRACT AND ATTACHED EXHIBITS COINSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICA nON OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BlE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NlO UNOERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CON$_l!LB~:r,.ElY_SIGNATURE.OE ITS.AUTHQ~~Q,REI:>RESENTATIVE"HEREBY~AGKNOWlE8GES=THAT~ = = ~RElSRE"fIAS-READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. . 17. Nonapproprlations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of thiis contract within the City's fiscal year budget. Consultant understands and agrees that City's .payment of amounts under this contract attributable to work perfonned after the last day of the current fiscal year is contingent on Cillyappropriations, 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, Iimitatii.ons or other expenditure authority, City may tenninate this contract without penalty or liability to City, effective lBpon the delivery of written notice to Consultant, with no further liability to Consultant. Certification. Consultant shall si n the certification attazched hereto as Exhibit A and herein inco orated by reference. CONSULTANT CITY OF ASHLAND: BY ~ ~ ~~~dn BY ~ Signai~;;7 ~ FINANCE DIRECT M"I-t:-S E. Print Name TITlE Pec..s (/.) €;V, DATE r FederallDII 93//3I7BA CONTRACT AWARD AND FI DINGS DETERMINED BY: ~ gh-~ City Department Head Date: Approved as to form by legal: ACCOUNT # DATE 7-Z-r~O 6 'Completed W9 form must be submitted with contract (For City purposes only) PURCHASE ORDER II ttJ ~ if "7 ~ G:lpub-wrks\engldepf-adminISURVEYORIHardey Survey ServiiceslFY08 Hardey Survey Services Contract 6 OB.doc . PaQe 3 of 9 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer 10 (or is waiting for the. number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup Withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is ari independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: ,/ V V ./ 1/ v (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are . purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed f~r JWo or.~qr..e_diff~r:.~l)t.p'e.r:s.ol)s_within.a.l>eriod_of.one _._ year: _m . . (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Lc~ Contractotl 7-ls::o B . (Date) G:\pub-wrks\engldepl-admin\SURVEYOR\Hardev Survey ServicesIFY08 Hardev Survey Services Contract 6 OB.rloc . P~op. 4 of Sl Fonn W-g Request for Taxpayer Identification Number and Certification Give fonn to the requester. Do not send 10 the IRS. (Rev. October 2007) Dep2rtment of 1M Treo;mry Int'JrnalRevtl'lUlt5er"'>;"t' oi ~ '" . 0- C o ~0 ~~ 6g Cil -.:.6 o..E >= o o 0- W o (f, Name (as shown on your Income tax retum) I4AA-C> &, AssoC-IATE. Check approprilltfl box.: 0 IndlvldunllSole proprietor Corporation. 0 Partn.aNp o Umited liability oomplln)'. Enter the tax dasslfication (D=dlsregarded entity, Ccacorporatlon', P=partnershlp).... h____. o Otnu(aelinana:tia"li:)" Address (number. street, and apt or .suite no~ P.O, &0)( 14>2.! ' :2-<0'0 t-!-A;~~~r< DR..lv~ Enter your TIN in the appropriate box. The TIN provided must match the name given en Une 1 to avoid backup withholding. For irydivlduals, this is your social security mmber (SSN). However. tor a resident allen, sole proprietor, or disregarded entity, see the Part Ilnstructloos on page 3. For other entitles, It Is your employendentfflcation nLDnber (EIN). If you do not have a nUinber, "sHow to get s nN on page 3. Note. If the account Is In ma'& than one name. see the chart on page 4 for guidelines on whose number to enter. Certiflcalion Under penalties of perjury, I certify that 1. The number" shown on this form is my correct ta)lpayEll' identification oomber (or I am waiting for a number 16 be issued to me), and 2-. I am not ~ject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS), that I am subject to backup withholding as a result of a failure to report alllnter'est a' dividends, or (c) the IRS has notified me that I am no longer subject to backup "withholding, and - -3.=tam:a:u.s.._cii1zen:or~other~U.S.~person'(deftned;below). Certlficatfon Instructfons. Ycu rn..rst cross CXJt item 2 above If you have b&on notified by the IRS that you are Cl.ITently subject to backup withholding because you have failed to repa1 an interest and dividends on YO"" tax return. For real ,estate transactions. Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, cootributions to an Individual retirement arrangement (IRA), and generally, pa)TTlents other than Interest and dividends. you are not r8qJired to sIgn the Certification, but you m.Jst provide yolir correct TIN. See the Instructions on page 4. I ~=~t~ R~ T.Q., ~. 1iU-l General Instructions section references are to the Internal Revenue Code unless otherwise noted. CIty, ata1e, and ZIP code Eo!) I'D R..t> OR... Ust aceount nunbet(s) here (optional) Ta ayer Identification Number (TiN C Exempt . payee Requester's name and address (optional) ISo~-7~r or """'~ C)f(~'5/~D08 D,ftnlUon 01 a U.s. porson. For federal tax purposes. you are considered a U.S. person If you are: . An Individual whO is a U.S. citizen or U.S. resJdent allen, · A partnership. corporation, company, or association created or aganlzed In the Untted stat... a under the laws of tho Unned States, . An estate (other thon a faelgn estate). or . A domestic trust (as defined In Regulations sectIon 301.7701-7). . Special rules tor partnerships. Partnerships that conduct a trade a" business in the United states are generally raqured to pay a withholding tax on any fcrelgn partners' sharo of Incon>> from such business. Further, in certain' cases where a Form W-9 has not been received, a partnership Is requi'ed to presume that a partner is a fcrelgn person, and pay tho withholdlhg tax. Therefore, If you are a U.S. person that Is a partner in a partnership Conducting a trade or business In the United states, provide Fam W-g to tho partn",shlp to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W-9 to the partnership for purposes of establishing ns U.S. status and avoiding wtthholdlng on its allocable share of net Income from the partnership conducting 8 trade or busIness In the United states Is In the fOllowing cases: · The U.s. owner of a disregarded enmy and not the entny. Cat No. 10231X ~am W-9 {Rev.1o.200n Sign Here Purpose of Form A person who Is reqUired to file an InformatIon return with the IRS must obtainyour correct taxpayar identification nurilber (TIN) to report, fa- example, income paid to you, real Qstate transactions, mortgage Interest you paJd, acquisition or abandonment of secured property, cancellatIon of debt. or contributions you made to an IRA Use Form W-9 only if you are a U.S. person ~ncluding a resident alien}, to prO/ide YOIl carect TIN to the person requesting h (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is. correct {or you are waiting for a number tl:? be Issued}, 2. Certify that you are not stJbject to backup wllhholdlng. or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable. you are also certifying that as a U.S. parson. your allocable share of any partnership Income from a U.S. trade a buslne.. Is not subject to the wtthholdlng lax on foreign partners' share of effectively connected Incoma. Note. If a requesta- gives you a form other than Form W-9 to request your TIN, you must.use the requester's form If It is substantially similar to this Form W-g. .~_..- --------- --- ------ G:lpub-wrkslengldepl-adminISURVEYORIHardey Survey ServiceslFY08 Hardey. Survey Services Contract 6 OR.rtoc . PMA!i of!l Hardey Engineering & Assoc., Inc. III PROPOSAL FOR PROFESSIONAL SERVICES CONTRACT FOR SERVICES 2870 No...... Drive P.O. 1IoJI1625 Medford. O"'llon 97501 Voice, 541.772.6180 few 541.772.9573 Emallllnfo@h....lnc.com May 23, 2008 City of Ashland 20 E Main Street Ashland, OR 97520 Attn: Karl Johnson Phone: (541) 552-2415 Fax: (541) 488-6006 Subject: 2008 Miscellaneous Concrete Improvement Projects PROPOSED SCOPE OF WORK: We at Hardey Engineering would I ike to thank you for the opportunity to submit this Proposal for services. The scope of work as we see it at this time is to provide Surveying and C~__.___ .EDgineering'services'for'the~aliOve.mentione(j'projectS:'The.work~jS'"m()re-specifically as-foilows:- Project Tasks: Location # 1 . Walker Avenue/Oregon StreetIFrances Lane Task A . Surveying 53800 Conduct Topographic Survey of subject property. This any existing utility structures (ie - valve cans, manholes, vaults, etc.) pertinent to said development and any monumentation necesswy to provide right-of-way verification along Walker Avenue. Task B - Engineering $5000 Prepare construction documents required to instalJ"curb and gutter and sidewalk from existing sidewalk on Walker Avenue, near Sikiyou Boulevard, to fire hydrant on Frances Lane, approximately 200' from intersection of Oregon Street. Design to include intersection at Oregon Street and Frances Lane. Task C - Slope Easement $800 Provide Necessary Documentation to acquire easement from adjacent property owner such that construction can commense. Task D - Construction Staking $2400 Provide Contractor with one set of construction stakes for proposed improvements. Task E . As-Builts $1940 Page I of4 Location # 2 - 1st Street and" A" Street Task A - Surveying 53270 Conduct topographic survey of subject property. Tie any existing structures pertinent to said development. Tie existing rock retaining wall. Tie monuments necessary to provide right-of-way Verification along east side of 1st street Task B - Engineering 52000 Prepare construction documents required for installation of sidewalk on 1st street and curb and gutter and sidewalk along" A" street. Task D - Construction Staking . 52470 Provide Contractor with one set of construction stakes for proposed improvements. Task E - As-BuUts $1940 Location # J - "B" Street Task A - Surveying $2210 Conduct topographic survey of subject property, tie any structures pertinent to site development Task B - Engineering 51500 Prepare Construction Documents Required for installation of curb and gutter and sidewalk from Oak Street to Water Street. TaslfD - Constriictlon Stiililng $2120 Provide Contractor with one set of construction stakes for proposed improvements. Task E - As-BuUts $1940 Location # 4 - Jrd Street 'Task A - Surveying 53270 Conduct topographic survey of subject property. Tie any structures pertinent to said development. Task B - Engineering 52000 .Preparing construction documents required for installation of curb and gutter and sidewalk on both sides of 3rd street from "B" street to "C" street. Improvements will include addition of handicap access ramps at "B" and "C" Streets. Task D - Construction Staking $2470 Provide Contractor with one set of construction stakes for proposed improvements. Task E - As-Bullts $1940 Page 2 of 4 Specifications Task F - Special Provisions/Cost Estimate $2500 Provide Special Provisions to ammend bid documents for purposes of bidding contract. Provide cost estimates for each project, separately. , TaskA- TaskB- TaskC- TaskD. TaskE- Task F - $12,550 $10,500 $800 $9,460 $7,760 $2,500 Total Cost - 543.570 The topographic survey will be completed on vertical and horizontal datum, as obtained from GPS observations. If project needs to be on City Datum, additional survey work will need to be perfonned. This proposal does not include any Geotechnical investigation, erosion control documents, stonn drain design, structural design for retaining walls, etc. These fees are not included in the proposal. The above mentioned work will be perfonned on a time and material basis, not to eueed 543.570 in accordance with our Standard Fee Schedule "A" and our Standard Contract Provisions attached, which are nonnally associated with a project of this nature and does not include any fees for pennit applications, filing, etc. that may be required by government agencies as part of the approval of Construction process. If we anticipate our fees to exceed the estimate, we will noti/)' you with an explanation as to why the excess is anticipated. We will not exceed the budgeted amount without y_o_utJ:!rior_apJlroval. As preliminmy cost estimates are completed, additional improvement areas may be added to the scope ofthe overall project The work will be done as follows: Task G . Additional Miscellaneous Concrete Projects Task A - Surveying $1100 _ $1600 Conduct topographic survey of subject property, tie any structures pertinent to site development. Task B - Engineering $500 _ $1500 Prepare Construction Documents Required for installation of curb and gutter and sidewalk. Task D - Construction Staking $1300 _ $1500 Provide Contractor with one set of construction stakes for proposed improvements. Task E - As-Builts $1000 - $1200 Total Cost 53.700 - $5.800 (Each) This work will also be completed on a time-and-material basis in accordance with our Standard Fee Schedule "A" and our Standard Contract Provisions. Ifthis proposal meets with your approval, please have an authorized representative or owner sign, date and return one copy to this office along with a SO retainer. By signing, both Hardey Engineering & Associates, and the owner will be bound to the other party to this agreement and to the partners, successors, executors, . Page 3 of 4 administrators and legal representatives of such other party in respect of all covenants, agreements and obligations of this agreement. We will proceed with work upon receipt of the signed Contract for Services and retainer. The estimated fees are subject to receiving written acceptance within 30 days and completion within one year. Thank you for the opportunity to submit this Proposal for Services. We are looking forward to the opportunity to serve you on this project. If you have any questions, please don't hesitate to call. ENGINEER ACCEPTED HARDEY ENGINEERING & ASSOCIATES, INC. CorporationlPartnership Name ~ By By Authorized Signature Title: Proiect Manal!er Title: Date: 5/23/08 Date: By: Authorized Signature Title: Qate:. WARRANTY OF AUTHORIZATION - The person signing this authorization, accepting this proposal, warrants he/she has authority as, or on behalf of, the Client, Owner, Partnership, or Corporation for whom or for whose benefit Hardey Engineering & Associates, Inc. Would render service. Said person agrees that he/she is personally liable for all breaches of the agreement and that in any action against him/her for breach of such warranty, a reasonable attorney's fee shall be included in any judgment rendered. Attachments: Standard Fee Schedule "A" & Standard Contract Provisions. W;\PROPOSALlsidewalkimprovementsproject2008 Page 4 0[.4 ENGINEERING SERVICES CONTRACT AMENDMENT NO.1 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 ENGINEER: Hardey Engineering & Associates Inc. City Hall POBox 1625 20 E. Main St. Ashland, Oregon 97520 Address: Medford, OR 97501 (541 ) 488-5347 FAX: (541) 488-6006 Tele: 541/772-6880 Fax: 541/772-9573 Date of this agreement: July 8,2010 B: RFP Date: n.a. Proposal Date: n.a. 2.3 City Contracting Officer: Michael R. Faught, Director of Public Works 2.4. Project: 2010 Sidewalk Construction Project no. 2008-17 6.1. Engineer's Representative: James Higday, President 8.3. Maximum Contract Amount: Original $46,000.00, Revised $51,000.00 B. AMENDMENT NO.1 1. Modification to "Services to be provided" Add services per attached proposal and cost estimate dated June 30, 2010 and made a part of this amendment. 2. Modification to "Compensation" A. Add cost of extra work = $5,000.00 B. Adjusted total contract amount = $51,000.00 CONSULTANT BY ~ +7 Fed.ID# 9::;-/13/78':J- CITY BY Finance Director BY REVEIWED AS TO CONTENT ~G-J) Q 4~ - City Department Head Date: 7//? /;() Coding: ~O 6J f w 61J (for City use only) C:IUsersIBradW\AppDataILocaIIMicrosoftIWindowsITemporary Internet FileslContentOutlooklUYFKK8P7\07 -02 Contract 1 Amend Eng 07 08 10.doc t-ed E.'NOINE.:~FlINiJI I Hl"E;Gr;rn. ., HARDEY ENGINEERING & ASSOCIATES, INC . --':J:i,~~uu,",,~~t,;W- l~ij~!lI~l.;M"I;i:\:...~.lJl;l-'1;l;l.:', Ju ne 30, 2010 Jim Olson City of Ashland 20 East Main Street Ashland, OR 97520 Phone: 541.552.2415 Fax: 541.488.6006 Subject: 2010 Ashland COncrete Projects and Plaza Improvements PROPOSED SCOPE OF WORK: We at Hardey Engineering would like to thank you for the opportunity to submit this Proposal for Services. The scope of work as we see it at this time is to provide Civil Engineering services for the above mentioned project. The work is more specifically as follows. Ad.h."J,Pla~graPhIC Surveying _ Obtain a topographic survey ofthe project areas. Work to Include the folio g: -.~~ C5iJ')"-- wo-man crew to mark utilities, set control points, run the level loop and tie-In control with GPS ~fV 21 Ac - e topographic data points including mapping critical concrete Joints for all thr 3) areas 31 Reduce raw data and levels 41 Prepare to hic map for use by engineering 2010 Miscellaneous Concrete Projects - Addltfonal Work Provide exhibits and multiple construction drawings for Oregon Street curb alignment as directed by the City. Show alternates for sidewalk on 1" Street and coordination with City for these. Include Iowa Street Handicap Ramp Improvement In drawing set. Engineering - Provide constru the following: 11 Provide City with a set of 30% con ctlon drawln awings showing proposed Improvements, striping alignment and design consideratlo r review (meeting with City to go over comments). 21 Striping Plan - Show revised striping pat! th pedestrian crossing for parking areas. 31lmpr~lVement Plans - Revise existin des and c rete curb and gutler and sidewalk for three (3) areas within iheplaza to provide pedes . n and vehicle safety. dify storm drainage as needed. Bidding. Provide bid quantities use of obtaining quaUfled contractor. Quantities to /' Constructlo aklng - Provide construction staking for design elements to be used for co Includ e follOWing: I COmpute needed points to be used by field crew 21 Provide construction staokes (1 set) as requested by contractor. This assumes 16 hours of field time two-man surveying crew. $S,ooo 40 a 2 2 T~ $t3;42r '5JOOt> ~ , 2010 Ashland Concrete Projects on.;! Plaza Improvemc...ts June 23, 2010 PaRe 2 of 2 The above mentioned work will be performed on a time and materials basIs. not to exceed $13.425 In accordance with our current billing rates (see below) and Standard Contract Provisions which are normally associated with a project of this nature and does not Include any fees for pennlt applications, flllng, etc. that may be required by government agencies as part ofthe approval ofthe construction process. If we antlcipate ourfees to exceed the estimate, we will notify you with an explanatlon as to why the excess Is anticipated. We will not exceed the budgeted amount without your prior approval. This proposal Is limited to the above proposed scope of work. Thank you for the opportunity to submit this Proposal for Services. We are looking forward to the opportunity to serve you on this project. If you have any questions, please do not hesitate to call. Sincerely, r~ James E Hlgday President/Owner Hardev Engineering & Associates, Ine. ---_._-~~"_.- -. .- ~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER I Page.1/1 DATE' : 7/20/2010 I .0 .c, . ..POiNI'JMBER' -= " 09664 VENDOR: 001718 HARDEY ENGINEERING & ASSOCIATE. INC POBOX 1625 MEDFORD, OR 97501 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.: Contact: Jim Olson Confirming? No ~};~QuantjtYr~~; ~: :Drlit~:,~~ ''':':"'''. ...:; '.. '<^' '. ., 0 ',;,.' Descriptioi\:~.. CO'" '0. .. : . , . "r:~ ..'."'~;i;' ., OrHtlRricej'~;i~~ ~~i':;.Ext~p.ric~ .. .. Balance carried forward from PO 08474 3,520.71 Original contract amount $46,000 Processed change order 07/20/2010 5,000.00 Change Order No. 1 (Note: Change order 10.8% of original contract amount) ..- --. - , u_ . - - - - - ~ - -- .. - . - ------- --~ SUBTOTAL 8520.71 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 8,520.71 ASHLAND, OR 97520 rr,1'li:"1Y~cc'otiiit)ijumDer..1.rP;'5~ t?:: l;~ehjjectiNlimber;s.: " , " :, ArilOUrit\ "r; >t:fAccountjNlJrnber{:';l ",... '>::~foje'ct!NtiHli;er;t;::;i:,ji~ ~~mourit_ E 260.08.12.00.70420 E 200817.120 7 242.59 E 260.08.35.00.70420 E 200817.120 1 278.12 0 JW.. $...0. ~~~ uthorized Signature VENDOR COPY A request for a Purchase Order REQUISITION FORM CITY OF ASHLAND Date of Request: 07/08/2010 THIS REQUEST IS A: [x] Change Order (existing PO # 8474) Required Date of Delivery/Service: Vendor Name: Address: City, State, Zip: Phone: Project Title: Project Number: H~rrlp.y Fnginp.p.ring ~nrl A~~nr.i::ltinn Inr. POBox 1625 Medford, OK 9/b01 ?()1 n ~irlt:l\Al::r.llt rnnc:.tn If'tinn 2008-17 Services Only Solicitation Process: [ ]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 . _______. -T,o.tal~Cost. n_ $ ,$ 46,000.00 Oricinal Contract Cost Chance Order No. 1 $ 5,000.00 Prior Chance Orders $ 0 Total Chance Order Amount $ 5,000.00 Revised Contract $ 51,000.00 h ~ 4 C?tppr 4' (?-rc.d d..c!2--, {f-' Y (2 C"--?C"r cL4L<f-. F Y ,;2,f/ I ( : I ,d.-:;;:,,::::"<!..~ -r :3 q-;UJ r ..,. I' I:,) \ \ 'J c~~<u...--<L _.~ /11- ~, r! 0 -H:/ ~(f r .'7/ Employee Signature: ~ Supervisor/Dept. Head Signature: ffi~-l1 cJL {2 L NOTE: By signing this req s. on form, I ce ify that the above request meets the City of Ashland Sol/caation Process requirements and can be provided when necessary. Account Number 260. 08. 35 . 00. 704200 (15%) 'Please attach the Original signed contract and Insurance certificate. Account Number 260.08.12.00.704200 (85%) 'Please attach the quotes. G:lpuO-wrkslengldept-admin\ENGINEERING\PROJECT\07 02 Hardiey Engineering & Assodation Inc. 07 08 2010 Updated on:07/15102