HomeMy WebLinkAbout2003-030 Contract -Thornton Engineers
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: Thornton Engineering, Inc.
City Hall
20 E. Main St. Address: 1236 Disk Drive, Suite 1
Ashland, Oregon 97520 Medford OR 97504
(541) 488-5347 FAX: (541) 488-6006 Telephone: 857-0864 Fax: 857-1947
Date of this agreement: B: RFP Date: November 17, 2000
Proposal Date: December 14,2000
1[2.3 City Contracting Officer: Director of Public Works, Paula Brown
1[2.4. Project: 1) Nevada Street Traffic Calming LID Project No. 2002-30
1[6.1. Engineer's Representative: Michael P. Thornton P.E., President
1[8.3. Maximum Contract Amount: $20,000.00 (see attached proposal)
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 Enqineer: Engineer accepts the relationship of trust and
confidence established between Engineer and City by this contract. Engineer covenants with the
City to perform services and duties in conformance to and consistent with the standards generally
recognized as being employed by professionals of engineer caliber in the locality of the project.
Engineer further covenants to cooperate with City, City's representatives, contractors, and other
interested parties in furthering the interests of City with respect to the project. In order to promote
successful completion of the project in an expeditious and economical manner, Engineer shall
provide professional engineering services for City in all phases of the project to which this
contract applies, serve as City's professional engineering representative for the project, and give
professional engineering consultation and advice during the term of this contract. Engineer
acknowledges that City is relying on Engineer to provide professional engineering services in a
manner that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this contract shall have the meaning
ascribed to them in the construction industry, unless the context clearly indicates otherwise. As
used in this contract:
2.1. "Contract documents" shall mean this contract, written authorizations under
subsection 5.4, written assignments under subsection 5.2, written amendments to this contract,
schedules established under subsection 5.4 and exhibits incorporated in other contract
documents.
2.2. "City" means the City of Ashland, Oregon.
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2.3. "Contracting officer" means the person specified in Recital A above or that person's
designee.
2.4. "Project" means the project described in Recital A.
2.5. "Work" or "Services" shall mean all labor, materials, plans, specifications,
construction contract documents, opinions, reports, and other engineering services and products
which Engineer is required to provide under this contract.
3. Term: The term of this contract shall commence on the date specified in Recital A above and
end on completion of all services required by this contract unless sooner terminated as provided
in this contract.
4. Authority of contracting Officer: The contracting officer shall have the authority to act on behalf
of City in the administration and interpretation of this contract. Subject to the limitations on
authorization of assignments under subsection 5.2, the contracting officer shall have complete
authority to authorize services, the contracting Officer shall have complete authority to authorize
services, transmit instructions, receive information, interpret and define City's policies and make
other decisions with respect to Engineer's services.
5. Engineering Services:
5.1. Engineer shall provide services to City that are described in Exhibit 1 which is
attached to and incorporated in this contract.
5.2. In addition to the services described in Exhibit 1, the parties may agree to have
Engineer provide other discrete services that are necessary for completion of the project. Such
services will be initiated by written assignments as follows:
5.2.1. Assignments under this subsection should be used only for
services that are beyond the scope of the services described in Exhibit 1. No
assignment is necessary to authorize services that are customarily provided in
conjunction with, or are ancillary to, the services described in Exhibit 1.
5.2.2. Assignments which cover services that will cost less than $15,000
may be initiated by the contracting officer. Assignments that cover services
which will cost more than $15,000 must be approved by the City Administrator.
5.2.3. Each assignment shall specify the duties of Engineer, the
objective of the assignment, the scope of the assignment and the estimated cost
of the services.
5.2.4. Each assignment shall be signed by both parties.
5.2.5. Each assignment shall incorporate and be subject to the
provisions of the contract documents unless the assignment specifically provides
otherwise.
5.3. In connection with the services described in Exhibit 1 and services authorized by
assignments under subsection 5.2, Engineer shall:
5.3.1. Consult appropriate representatives of City to clarify and define
City's requirements relative to the services.
5.3.2. Review available data relative to the services.
G:\pub-wrks\eng\dept-admin~ENGINEER\PROJECT~002\02-30 Nevada St Traffic Calming LID Project Contract .doc
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 exchange
of information needed for completion of the services 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 officer 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.
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 Enqineer's Personnel:
6.1. The services covered by this contract shall be rendered by, or under the supervision
of the person specified in Recital A above, who shall act as Engineer's representative in all
communications and transactions with City.
6.2. Engineer will endeavor to honor reasonable specific requests of City with regard to
assignment of Engineer's employees to perform services if the requests are consistent with
sound business and professional practices.
7. Responsibilities of City:
7.1. City will cooperate fully with Engineer to achieve the objectives of this contract.
7.2. City will provide information, documents, materials and services that are within the
possession or control of City and are required by Engineer for performance of the services.
7.3. City will arrange for access to, and make all provisions for Engineer to enter upon,
public and private property as required for Engineer to perform the services.
7.4. City will provide all permits necessary for completion of the project.
7.5. The contracting officer will act as liaison between City, Engineer, public agencies,
and others involved in the project.
G:~pub-wrks\eng\dept-admin\ENGINEER\PROJEC-1-~2002\02-30 Nevada St Traffic Calming LID Project Contract .doc
7,6,
City shall perform such other functions as are required by written assignments
under subsection 5.2.
8. Payment:
8.1. City shall pay Engineer for services and reimburse Engineer for expenses incurred
by Engineer in performance of services in accordance with a payment schedule to be submitted
by Engineer and accepted by City. No reimbursement will be made for expenses that are not
specifically itemized in this payment schedule without prior approval by the contracting officer.
8.2. Engineer shall submit monthly invoices to City for Engineer's services within ten
days after the end of the month covered by the invoice.
8.3. Total payments under this contract or any amendments shall not exceed the sum
specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in accordance with laws of the
State of Oregon. Engineer shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with respect
to the services including, but not limited to, provisions of ORS 279.312,279.314, 279.316 and
279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by Engineer who performs work
under this contract shall be paid at least time and a half pay for all overtime in excess of 40 hours
-in any one week, except for persons who are excluded or exempt from overtime pay under ORS
653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
9.3. Engineer is a "subject employer" as defined in ORS 656.005 and shall comply with
ORS 656.017. Prior to commencing any work, Engineer shall certify to City that Engineer has
workers' compensation coverage required by ORS Chapter 656. If Engineer is a carrier insured
employer, Engineer shall provide City with a certificate of insurance. If Engineer is a self-insured
employer, Engineer shall provide City with a certification from the Oregon Department of
Insurance and Finance as evidence of Engineer's status.
10. Ownership of Documents: All documents prepared by Engineer pursuant to this contract
shall be the property of City. To the extent permitted by law, City shall, within the limits of the
Oregon Tort Claims Act, defend, indemnify and hold harmless Engineer, its consultants, agents
and employees against all damages, claims, expenses and losses arising out of any reuse of
plans, specifications and other documents prepared by Engineer without prior written
authorization of Engineer.
11. Records:
11.1. Engineer shall develop and maintain complete books of account and other records
on the services which are adequate for evaluating Engineer's performance. Engineer shall
maintain records in such a manner as to provide a clear distinction between the expenditures and
revenues related to the project and the expenditures and revenues related to Engineer's other
business.
11.2. Engineer's books and records shall be made available for inspection by City at
reasonable times, to verify Engineer's compliance with this contract. City shall have the right to
request an audit of Engineer's books and records by a certified public accountant retained by
City.
G:~pub-wrks\eng\dept-admin~ENGINEER\PROJECT~002\02-30 Nevada St Traffic Calming LID Project Contract .doc
12. Indemnification: Engineer shall defend, indemnify and save City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or other
expenses resulting from injury to any person (including injury resulting in death,) or damage to
property (including loss or destruction), of whatsoever nature arising out of or incident to the
negligent performance of this contract by Engineer (including but not limited to, the negligent acts
or omissions of Engineer's employees, agents, and others designated by Engineer to perform
work or services attendant to this contract). Engineer shall not be held responsible for any
claims, actions, costs, judgments, damages or other expenses, directly and proximately caused
by the negligence of City.
13. Insurance:
13.1. Engineer shall, at its own expense, at all times during the term of this contract,
maintain in force:
13.1.1. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
13.1.2. A professional errors and omissions liability policy; and
13.1.3. A comprehensive automobile liability policy including owned and
non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than
the limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000
per occurrence (combined single limit for bodily injury and property damage claims) or $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an ',occurrence" basis. "Claims made"
coverage will not be acceptable, except for the coverage required by subsection 13.1.2.
13.4. Certificates of insurance acceptable to the City shall be filed with City prior to the
commencement of any work by Engineer. Each certificate shall state that coverage afforded
under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30
days prior written notice has been given to City. A certificate which states merely that the issuing
company "will endeavor to mail" written notice is unacceptable.
14. Default:
14.1. There shall be a default under this contract if either party fails to perform any act or
obligation required by this contract within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the
ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may declare a default by written
notice to the other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default may elect to terminate this
contract and pursue any equitable or legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
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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 14.3 or
subsection 0, 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 15.1, 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 15.1, Engineer shall be paid for all
fees earned and costs incurred prior to the termination date. Engineer shall not be entitled to
compensated for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or certified
mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting officer at the address provided
for the City in Recital A above.
16.2. Notices to Engineer shall be addressed to the engineer's representative at the
address provided for the Engineer in Recital A above.
17. Assiqnment: 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.
ENGINEER
BY /VJ.4p~JI. -
Fed.ID# 1'3-/309519
CITY
~ --u7{,;>
BY 4- ~ ~ .....d.-'d ~ ~.J
REVIEWED AS TO CONTENT
BY~
/ Citygepartment Head
Date: ~ t73
~~VIE~M
Cit~Legal Counsel
Date: ~ -2f, - t) 3
Coding
(for City use only)
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2000\2000-25 2001 Sanitary Sewer Improvement Project
Contract.doc
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2002\02-30 Nevada St Traffic Calming LID Project Contract .doc
CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a livin~ wa~e.
~per ur effective J
r~'
(Increases annually every
Consumer Price Index)
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,345 or more.
employee's time in that month
working on a project or portion of
business of their employer, if the
employer has ten or more
employees, and has received
financial assistance for the project
or business from the City of
Ashland in excess of $15,345.
~ For all hours worked in a
month if the employee spends
50% or more of the
~ If their employer is the City of
Ashland including the Parks
and Recreation Department.
In calculating the living wage,
employers may add the value of
health care, retirement, 401 K and
IRS eligible cafeteria plans
(including childcare) benefits to the
amount of wages received by the
employee.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it will be seen by all
employees.
CITY OF
ASHLAND
COST OF SERVICES
2/25/03
CITY OF ASHLAND
NEVADA STREET LID
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Project Manager
Project Engineer
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Project Engineer 8 $65.00 $520.00
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ZOIQ::)O 'I U
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COPY
Page 1 / 1
04103
VENDOR: 003753
THORNTON ENGINEERING
1236 DISK DRIVE SUITE 1
MEDFORD, OR 97504
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 03/04/2003
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? Yes
BLANKET PURCHASE ORDER
Street Traffic Calmin.q LID Project
November 17, 2003
Start Date: March 4, 2003
i~ra~ r~!re~/o~ ~ ~
..... ..
SUBTOTAL 20,0'00.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 20,000.00
ASHLAND, OR 97520
Account ~'U, mber Amount Account Number .... Amount
E 260.08.12.00.704200 20,000.00
~l~horized Signature
VENDOR COPY
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO:
KARl OLSON
DATE:
PROJECT:
JOB NO.:
SUBJECT:
4/25/03
NEVADA ST TRAFFIC CALMING
02-30
CONTRACT
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original contract with Thornton Engineering for design work of this proj ect.
2. Requisition for PO 4103.
ENCLOSED ~
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public VI ork
By: James H. Olson
Title: City Surveyor roject Manager
PUBLIC WORKS
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2002\02-30 Inhouse Contract NOT.doc
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
~j.'
CITY OF
ASHLAND
REQUISITION
No. PW 63- FY 2003
Department Public Wroks
Vendor Thornton Engineering
1236 Disk Drive Ste I
Medford OR 97501
Account No. 260.08.12.00.704200
Date March 4, 2003
Requested Delivery Date ASAP
Deliver To Jim Olson
Via Paula Brown
(* Note Please allow approximately two(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printing jobs.)
Item No. Quantity Unit Description Use of Purchasing Office Only
Unit Price Total Price PO No.
Provide design services for the for the Nevada
Street Traffic Calming LID Project
4103
TOTAL $ 20,000.00
for Kari:
BID /RFP / EXEMPT: RFP
Contract Start Date: March 4, 2003
Contract Completion Date:
Insurance on file: I YES I NO
Project No: 02-30
Job No.
Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted
uth
/' a~ '.-1"2-
J ,
;t:)epartment Head or Authorized Person
Issued By
Date
Received By
r~'
G:PubwrkslengldeptadminlengineerlprojectI02-30 Thornton Requisition Nevada,xls