HomeMy WebLinkAbout1996-154 Contract - Cascade Earth
CITY OF ASHLAND
CONTRACT FOR THE DESIGN, CONSTRUCTION AND OPERATION OF
THE ASHLAND WETLANDS DEMONSTRATION SYSTEM PROJECT
Contract made on the date specified below in Recital A between the City and
Contractor as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND Contractor: Cascade Earth Sciences (CES)
20 East Main Street 7515 N.E. Ambassador Place, Suite Lt SLvi
Ashland, Oregon 97520 Portland, Oregon 97220 --.
Telephone: (541) 482-3211 Telephone: (503) 282-7502
FAX: (541) 488-5311 FAX: (503) 282-3240
Date of this agreement: 'B. Date of RFP: November 28, 1995
June 13, 1996 Proposal date: February 6, 1996, with
modifications dated March 14, 1996
'4. Beginning date: June 17, 1996 Ending date: December 31, 1998
'6.1. Contractor's representative: Stuart W. Childs, PhD, CPSS
17. Contracting officer: Paula C. Brown, PE, City of Ashland WWTP Coordinator
'9. Contract amount: $439,515.00
B. City issued a request for proposals (RFP), on the date specified in Recital A above,
for the design, construction and operation of the Ashland Demonstration Wetlands
System Project. Contractor submitted a proposal in response to the RFP on the date
specified in Recital A above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors,
City selected Contractor to provide the services and construction covered by the RFP.
City and Contractor agree as follows:
1. Contract Documents: This contract is made as a result of a Request for Proposals
(RFP) issued by City on the date specified in Recital A. In the event of any
inconsistencies in the terms of this contract, the RFP including its attachments, and the
proposal, this contract shall take precedence over the RFP which shall take
precedence over the proposal.
PAGE 1-CONTRACT FOR WETLANDS PROJECT (p:rfp\wetlands.excl
2. Scope of Services:
2.1. Contractor shall perform the services described in the RFP when requested
to do so by City. The term "services" as used in this contract shall include all work
that is performed in predesigning, designing, constructing, monitoring, operating,
maintaining and evaluating the project, and all reports, documents and other tangible
items that are produced by Contractor for City pursuant to this contract.
2.2. Upon the request of the Contracting Officer, Contractor shall provide
monthly progress reports on services performed for City. The report shall be delivered
to the Contracting Officer not later than ten days after the close of each calendar
month in which services are provided, Each report shall state the services provided
since the preceding report and the services which Contractor expects to complete in
the ne>..1 succeeding period. The reports also shall include an account of the time
expended by Contractor in the performance of the services and any further
documentation required by City,
3. Quality of Service:
3.1. Contractor shall perform its services as an independent contractor in
accordance with generally accepted standards in Contractor's profession or trade.
Contractor shall be responsible for the professional quality, technical accuracy, and
the coordination of all services performed by Contractor under this contract.
Contractor shall, without additional compensation, correct or revise any error or
deficiencies that are the result of Contractor's negligence. City's review, approval,
acceptance of, or payment for, any of the services covered by this contract shall not
be construed to operate as waiver of any rights under this contract or of any cause of
action arising out of the performance of this contract. Contractor shall be and remain
liable to City in accordance with applicable law for all damages to City caused by
Contractor's negligent performance of services.
3.2. Contractor shall perform the services as expeditiously as is consistent with
professional skill and care. Upon request of City, the Contractor shall submit for the
City's approval, a schedule for the performance of Contractor's services. The
schedule shall include allowance for periods of time required for City's review and
approval of the Contractor's services. The schedule approved by City shall become a
part of this contract.
4. Term: The initial term of this contract shall begin and end on the dates specified in
Recital A, unless sooner terminated as pr,?vided in this agreement. ~I '"
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5. Bond: Contractor shall, within five days after 8x8cuoon of the contract and prior to
doing any construction under the contract, furnish bond to the City of Ashland in a
form an'1rot surety satisfactory to City in the penal sum of
SvJC- $ IJ I? I, 2 o9~onditioned upon the faithful performance of this contract
upon the part f the Contractor.
PAGE 2-CONTRACT FOR WETLANDS PROJECT (p:rfp\wetlands.excl
6. Assignment of Contractor's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the
supervision of the person named in Recital A, who shall act as Contractor's
representative in all communications and transactions with City.
6.2. Contractor will endeavor to honor reasonable specific requests of City with
regard to assignment of Contractor's employees to perform services covered by this
contract if the requests are consistent with sound business and professional practices.
7. Authority of Contracting Officer: The Contracting Officer for this contract is named
in Recital A. The Contracting Officer shall have the authority to act on behalf of City in
the administration and interpretation of this contract.
8. Responsibilities of City: City will provide information, documents, materials and
services that are within the possession or control of City and are required by
Contractor for performance of the services. City shall cooperate fully with Contractor
to achieve the objectives of this contract.
9. Payment: City shall pay Contractor for services performed by Contractor the sum
stated in Recital A. Contractor shall submit monthly invoices to City for Contractor's
services within ten days after the end of the month covered by the invoice. City shall
pay Contractor within thirty days after receipt and approval of the invoice.
9.1. All payments during the construction phase of the project will be made at
the times and in the manner provided in the contract documents,
10. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one
percent of the construction portion price of this contract. The fee shall be paid on or
before the first progress payment made for the construction portion or 60 days from
the date work first begins on the construction portion, whichever comes first. The fee
is payable to the Bureau of Labor & Industries and shall be mailed or otherwise
delivered to the Bureau at the following address:
Bureau of Labor and Industries
Wage and Hour Division
Prevailing Wage Unit
800 N.E. Oregon Street # 32
PORTLAND OR 97232
The Contractor shall fully comply with the provisions of O.R.S. 279.348 through
279.365 pertaining to prevailing wage rates.
11. Compliance with Law: The provisions of this contract shall be construed in
accordance with the laws of the State of Oregon. Contractor agrees that while
providing services covered by this contract, Contractor will comply with all applicable
state, federal and local laws, rules, regulations and ordinances including, but not
PAGE 3-CONTRACT FOR WETLANDS PROJECT (p:rfp\wetlands.excl
limited to, the laws and rules cited in this paragraph. Any provision of this contract in
conflict with applicable laws, rules, regulations or ordinances is void.
12. Ownership of Documents: All documents prepared by Contractor pursuant to this
contract shall be the property of City.
13. Records: Contractor shall keep proper books of account and other records
pertaining to the services Contractor provides to City. The books and records shall be
made available at a location reasonably accessible to City, who may inspect all such
books and records, at reasonable times, to verify Contractor's compliance with this
contract. City shall have the right to request an annual audit of Contractor's books
and records by a certified public accountant chosen by City to determine Contractor's
compliance with the terms of this contract. The cost of the audit shall be borne by
City.
14. Default: A default shall occur under any of the following circumstances:
14.1. If the Contractor fails to begin the work under contract within the time
specified, or fails to perform the work with sufficient workers or equipment or with
sufficient materials to insure the prompt completion of the project, or shall neglect or
refuse to remove materials or perform anew such work as shall be rejected as
defective or unsuitable, or shall discontinue the prosecution of the work.
14.2. If the Contractor shall become insolvent or declared bankrupt, or commit
any act of bankruptcy or insolvency, or allow any final judgment to stand against the
Contractor unsatisfied for a period of 48 hours, or shall make an assignment for the
benefit of creditors.
14.3. If either party fails to perform any act or obligation required of that party
by this contract within ten days after the other party gives written notice specifying the
nature of the breach with reasonable particularity. If the breach specified in the notice
is of such a nature that it cannot be completely cured within the ten day period, no
default shall occur if the party receiving the notice begins performance of the act or
obligation within the thirty day period and thereafter proceeds with reasonable
diligence and in good faith to effect the remedy as soon as practicable.
14.4. Notwithstanding subparagraphs 14.1 through 14.3, 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 agreement.
15. Remedies: 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.
15.1. In addition to the rights and remedies to which the City may be entitled by
law for the enforcement of its rights under this contract, City shall have full power and
authority, without violating this contract, to take the prosecution of the work from the
PAGE 4-CONTRACT FOR WETLANDS PROJECT (p:rfp\wetlands.excl
Contractor, and appropriate or use any or all of the materials and equipment on the
ground that may be suitable and acceptable and may cause a contract for the
completion of this contract according to its terms and provisions, or use such
methods as required for the completion of the contract, in any acceptable manner. All
costs and charges incurred by the City together with the costs of completing the work
under the contact, shall be deducted from any money due or which shall become due
the Contractor. In case the expense so incurred by the City shall be less than the
sum which would have been payable under the contract if it had been completed by
the Contractor, then the Contractor shall be entitled to receive the difference less any
damages for delay to which the City may be entitled. In case such expense shall
exceed the sum which would have been payable under the contract, the Contractor
and the surety shall be liable and agree to and shall pay the City the amount of the
excess with damages for delay of performance, if any.
15.2. Any litigation arising out of this contract shall be conducted in Circuit
Court or District Court of the State of Oregon for Jackson County.
16. Termination without Cause:
16.1. In addition to the right to terminate this contract under paragraph 15, City
shall have the right to terminate giving Contractor written notice sixty days prior to the
termination date.
16.2. In the event that City requests termination of services under this
subparagraph, Contractor reserves the right to 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 work performed to date
of termination.
16.3. If this contract is terminated under this subparagraph, Contractor shall be
paid for all fees earned and costs incurred prior to the termination date. Contractor
shall not be entitled to compensated for lost profits.
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. Notices
to City shall be addressed as indicated in Recital A and notices to Contractor shall be
addressed as indicated in Recital A.
18. Assignment: City and Contractor and the respective successors, administrators,
assigns and legal representatives of each are bound by this contract to the other party
to this contract and to the partners, successors, administrators, assigns and legal
representatives of such other party. Contractor shall not assign or subcontract
Contractor's rights or obligations under this contract without prior written consent of
City. Except as stated in this subparagraph, nothing in this contract shall be
construed to give any rights or benefits to anyone other than City and Contractor.
PAGE 5-CONTRACT FOR WETLANDS PROJECT (p:rfp\wetlands.excl
19. City Benefits: This contract is not intended to entitle the principals or employees of
Contractor to any benefits generally granted to City employees. Without limitation, but
by way of illustration, the benefits which are not intended to be extended by this
contract are vacation, holiday and sick leave, other leaves with pay, tenure, medical
and dental coverage, life and disability insurance, overtime, social security, workers'
compensation, unemployment compensation, or retirement benefits (except insofar as
benefits are otherwise required by law if the Contractor is presently a member of the
Public Employees Retirement System).
20. Severability: If any provision of this contract shall be held to be invalid or illegal,
such invalidity or illegality shall not affect any other provisions of this contract, and this
contract shall be construed as if such invalid or illegal provision had never been
included in the contract.
21. Modification No modification of this contract shall be valid unless in writing and
signed by the parties.
22. No Waiver: No term or provision of this contract shall be deemed waived and no
breach excused, unless such waiver is written and signed by the party claimed to have
made the waiver. Any waiver of a breach shall not constitute a waiver of any other
different or subsequent breach.
23. Prior Agreements: The contract documents constitute the entire, final and
complete agreement of the parties pertaining to the services, and supersede and
replace all prior and existing written or oral understandings except as otherwise
continued in effect by the terms of this contract.
Contractor
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PAGE 6-CONTRACT FOR WETLANDS PROJECT (p:rfplwetlands.excl
DEPARTMENT OF PUBLIC WORKS
ADMINISTRATION: (541) 488-5587
ENGINEERING: (541) 488-5347
CITY
HALL
CITY OF ASHLAND
20 E. MAIN STREET
ASHLAND, OREGON 97520-1814
FAX (541) 488-6006
NOTICE QY ~TIJflNSM.IJT~
TO: Barbara Christensen
City Recorder
DATE
PROJECT
JOB NO.
SUBJECT
09/17/96
Wetlands Demo System
N/A
Original Contract
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
One original contract for the design, construction and operation of the Ashland Wetlands
Demonstration System Project. Contractor is Cascade Earth Sciences (CES)
ENCLOSED X
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
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Public Works Admin ---------------
By: Caralyn Dusen
For: Paula Brown
Title: Administrative Secretary
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