HomeMy WebLinkAbout1996-148 Contract - Marquess
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
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HALL
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CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE OF TRANSMIITAL
TO: Barbara Christensen
Jill Turner
DATE
PROJECT
JOB NO.
SUBJECT
09/05/96
Crowson Reservoir Improvement
96-12
Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Barbara: One original Contract for services for the Indiana Street realignment Project No. 96-15
for riling.
Jill: One copy of Contract for services and requisition for Purchase Order.
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO: Susan Wilson Broadus
Dennis Barnts
Department of Public Works
Engineering Division
By: James H. Olson
Title: Assistant City Engineer
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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 ENGINEER: Marquess 1& Assoc, Inc.
City Hall 1120 East Jackson
20 E. Main St. Address: P. O. Box 490
Ashland, Oregon 97520 MEDFORD OR 97501
(541) 488-5347 Telephone: 541-772-7115
FAX: (503) 488-6006 FAX: 541-779-4079
Date of this agreement: ,B: RFP date: May 9, 1996
August 23, 1996 Proposal date: June 3, 1996
'2.3. Contracting officer: City Director of Public Works
'2.4. Project: Crowson Reservoir Improvements - .#"9~-/ 2. --r>././H
'6.1. Engineer's representative: Dale W. Hofer, P.E.
8.3'. Maximum contract amount: $32,000.00
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 Citl 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
PAGE 1-ENGINEERING SERVICES AGREEMENT (P:9..\eng-rfp.fk2
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 centrad:
2.1. .Contrad documents. shall mean this contract, written authorizations
under subsection 5.4, written assignments under subsection 5.2, written amendments
to this contrad, 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. .projecr 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. Imm: 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 centrad.
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,4R'9-e&.~Rg O#fioSf-5AaH-
~~itj-te-::uthoriz3-DsfYieoo; 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
PAGE 2-ENGINEERING SERVICES AGREEMENT CP:IIgr..\eng-rfp.fk2
,
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. Cooperate with other consultants retained by City in the
exch:mge nf inform3tinn need3d ~or c'"lm~letion nf the c~!'Vices and the
project.
5.4. The services described in Exhibit 1 are divided into discrete work
elements. Engineer shall commence performance of services within five days after
receiving written authorization from the contracting offlC8t' for work elements described
in Exhibit 1 or assignments made under subsection 5.2. Engineer shall perform the
services as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. Upon request of City, Engineer shall submit for City's
approval, a schedule for the performance of work elements described in Exhibit 1 and
assignments made under subsection 5.2. Each schedule shall include allowance for
periods of time required for City's review and approval of Engineer's services. Each
schedule, approved by City, shall become a part of this contract.
PAGE 3-ENGINEERING SERVICES AGREEMENT (p:...\eng-rfp.fk2
,..
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 coml'Dunications 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.
PAGE 4-ENGINEERING SERVICES AGREEMENT Ip:.."..\eng-rfp.fk2
8. P~yment:
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 Mure 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 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. 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
PAGE 5-ENGINEERING SERVICES AGREEMENT Cp:IIgl'..\~rfp.fk2
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 Oncluding loss or destruction), of
whatsoever nature arising out of or incident to the negligent performance of this
contract by Engineer Oncluding 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. Errors and omissions policy requirement deleted; 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. Uability coverage shall be provided on an .occurrence. basis. .Claims
madeM 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
PAGE 6-ENGINEERING SERVICES AGREEMENT lp:...\eng-rfp.fk2
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 perfod, 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.
PAGE 7-ENGINEERING SERVICES AGREEMENT (p:-ur-\eng-rfp.fk2
16.1. Notices to City shall be addressed to the contracting officer at the
address provided for the City in Recital A above.
16.2. Notices to Engineer shall be addressed to the engineer's representative
at the address provided for the Engineer in Recital A above.
17. Assignment: City and Engineer and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other party
and to the partners, successors, administrators, assigns and legal representatives of
the other party. Engineer shall not assign or subcontract Engineer's rights or
obligations under this contract without prior written consent of City. Except as stated
in this section, nothing in this contract shall be construed to give any rights or benefits
to anyone other than City and Engineer.
18. Modification: No modification of this contract shall be valid unless in writing and
signed by the parties.
CITY
8
,~sy-:." /l.--
/ '"':
REVIEWED AS TO ONTENT
BY .i~~ 14 'J~j-6,-,~"-"
CitY Dep8rtrtfent Head
Date: 5/2-55/ '1 (;0.
f f
:~m~ FORM
City Legal C~~nsel
Date: ~~Ci"
Fed. 10 # 93-0579644
Coding
(for City use only)
PAGE 8-ENGINEERING SERVICES AGREEMENT lp:IIllI'..\eng-rfp.fk2
~ & ~~, 1He. CONSULTING ENGINEERS
1120 EAST JACKSON
P.O. BOX 490 MEDFORD, OREGON 97501
TELEPHONE: (541) 772-7115
FAX: (541) 779-4079
June 3, 1996
Mr. James H. Olson
Acting Director of Public Works
20 East Main Street
Ashland, Oregon 97520
RE: Cost of Engineering
Improvements to Crowson Reservoir
Ashland Project No. 96-12
Proposal for Engineering Services
MAl Job No. 1-6011
Dear Mr. Olson:
We propose to provide engineering services for the improvements to Crowson Reservoir. The
scope of the project is defmed in the "Request for Proposals for Engineering Services for the
Design of Improvements to Crowson Reservoir Project No, 96-12", which we received the week
of May 13, 1996. Dale Hofer and William Gunderson attended the informational meeting and
site visit held Monday, May 20, 1996, We subsequently received on May 22, 1996, Addendum
No. 1 to this "Request for Proposal."
We propose to provide the engineering services described for a lump sum fee of Thirty Nine
Thousand Dollars ($39,000.00) broken down as follows:
MAl PND Total
Inspection and Report $17,500 $6,000 $23,500
Plans and Specifications 9,000 1,000 10,000
Monitor Construction
and Record Drawings 5,000 500 5.500
$39,000
Please contact us if there are any questions in this regard,
Very truly yours,
MAR UESS & ASSOCIATES, INC.
DWH/pc
Enclosures
ASTORIA
STANDARD RATE SCHEDULE
Effective January I, 1995
Professional
Principal Engineer
$110.00
Senior Engineer IV
Senior Engineer III
Senior Engineer II
Senior Engineer I
100.00
90.00
75.00
65.00
Assistant Engineer IV
Assistant Engineer III
Assistant Engineer II
Assistant Engineer I
62.00
60.00
55.00
45.00
Survev
Senior Land Surveyor*
Survey Technician IV*
Survey Technician III*
Survey Technician II*
85.00
60.00
55.00
45.00
Technical
Engineering Technician*
45.00
Draftsperson III*
Draftsperson II*
Draftsperson 1*
55.00
45.00
35.00
Administrative
Admin./Computer Tech. IV*
Admin./Computer Tech. III*
Admin./Computer Tech. 11*
Admin./Computer Tech. 1*
55.00
50.00
40.00
30.00
* Non-exempt employees are paid at a rate of one-and one .half times their base
rale of pay for all overtime. Overtime hilling rates are adjusted accordingly.
Each position also applies to other professional disciplines. such as hydrologists
and geologists.
5/2')/')6
iii ename: c:'.:>sl oria"':ldmin\r:llc:<chd
~ & .I"i~, 11te. CONSULTING ENGINEERS
1120 EAST JACKSON
P.O. BOX 490
MEDFORD, OREGON 97501
TELEPHONE: (541) 772-7115
FAX: (541) 779-4079
Exhibit A
January 1, 1996
ENGINEERING FEE SCHEDULE
Executive Engineer
$ 88.00 per hour
Principal Engineer
$ 78.00 per hour
Geotechnical EngineerlInspecting Engineer
$ 68.00 per h~ur
$ 61. 00 per hour
Project Engineer
Registered Land Surveyor/Senior Engineering Technician
$ 57.00 per hour
Design Coordinator
$ 50.00 per hour
Design Engineer
$ 50.00 per hour
Soils Field Technician
$ 50.00 per hour
Designer/Soils Lab Technician
$ 46.00 per hour
Drafter II
$ 42.00 per hour
Drafter I
$ 40.00 per hour
Inspector
$ 46.00 per hour
AutoCAD Operations
$ 20.00 per hour
Survey Crew - 2-Person Party
$ 92.00 per hour
Survey Crew - 3-Person Party
$111.00 per hour
Word Processor
$ 32.00' per hour
Mileage
$ 0.31 per mile
Out-of-Pocket Expenses
Actual Cost
Nuclear Moisture/Density Gauge
$ 10.00 per test
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.
AUG 07 '96 15:33
r-maUESS ASSOC.
865 P02
~&A~, 1He.
CONSULTING ENGINEERS
1120 EAST JACKSON
P.O. BOX 490 MEDFORD, OREGON 97501
TELEPHONE: (541) 772-7115
FAX: (541) 779-4079
August 7, 1996
Mr. Jim Olson
Ashland Engineering Department
20 East Main Street
Ashland, Oregon 97520
RE: Improvements to Crowson Reservoir
Ashland Project No. 96-12,
Proposal for Engineering Services
MAl Job No. 1-6011
Dear rim,
In thinking of options for evaluating the structural roof system, I believe that MAl can
accomplish the inspection with less manpower than originally planned and still obtain sufficient
data for a comprehensive report. We could use five men and a shorter length of time in the
reservoir than planned. We would evaluate test locations which are representative of the
condition of the structure. The new inspection crew would be as follows:
Dale Hofer
· Coordinate the Inspection
· Monitor Safety
· Evaluate the Steel Posts
· Sketch the Intake Structure
Team #1
· Inspector, Bill Gunderson
· Recorder. Mark Dew
Team #2
· Inspector, Terry Malone
· Recorder, Don Sayer
AUG 07 '96 15:33
t'mQUESS ASSQC,
865 P03
Mr. Jim Olson
August 7, 1996
Page 2
The resulting revised proposal would be as follows:
MAl
PND
Thtal
Inspection and Report
Plans and Specifications
Monitor Construction &. Record Drawing
$11,000
9,000
5,000
$6,000
1,000
500
$17,000
10,000
5.500
$32,000
An additional $1,000 could be deleted from the MAl fee if we don't take the concrete cores of
the deck. We may be able to evaluate the strength visually.
There is another option that might work out. If the water surface could be lifted to
approximately 6' from the concrete s.lab, we could inspect the steel roof framing from inflatable
rafts. This would result in rapid access to many spots with the same people. It would probably
cut down the length of time to make the inspection. The big plus is that you wouldn't have to
drain the reservoir and we could do the inspection soon. We wouldn't be able to inspect the
lower portions of the columns, but it doesn.t appear that this is where the structuIAl concern is.
A draw down inspection with one or two people could be done later to check the steel columns
and to make observations of the intake structure.
We are available to discuss this project in more detail at your convenience.
Very truly youn,
~UESS &A~IATES, INC.
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. e _ ~Ofer, P. E'.
DWHfsg
DWH-39