HomeMy WebLinkAbout2003-036 Contract - Acres International
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: ACRES INTERNATIONAL
City Hall A.R. Griffith, P.E.
20 E. Main St. Address: 150 Nickerson St. Ste 310
Ashland, Oregon 97520 Seattle WA 98020
(541) 488-5347 FAX: (541) 488-6006 Tele: 206/352-5730 Fax: 206/352-5734
Date of this agreement: 1/2/03 B: RFP Date: 12/20/02
Proposal Date: 12/19/02
112.3 City Contracting Officer: Director of Public Works, Paula C. Brown, P.E.
112.4. Project: Hosler Dam FERC pt 12 Inspection & Associated Security & Seismic
Analysis
116.1. Engineer's Representative: A. R. Griffith P.E.
118.3. Maximum Contract Amount: NTE $56,000.00
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. Acceptance of Contract
contingent on the FERC Division of Dam Safety Inspection approval of A.R. Griffith,
P.E. as a licensed IC for the project, see attached letter dated January 15, 2003.
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 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
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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.
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.
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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.
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
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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 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 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.
7.6,
City shall perform such other functions as are required by written
assignments under subsection 5.2.
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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.
9.4. If the amount of this contract is $15,000 or more, Engineer 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% of more of the service work under this contract.
Consultant is also required to post the attached notice predominantly in areas where it
will be seen by all employees.
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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.
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,
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.
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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 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.
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,
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
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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. 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.
BY
BY
CITY
f2. (j. Cft~Lwc>trD
Fed. I D # / ~ - 0'1 t;:,(p ;) 61
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REVIEWED AS TO CONTENT
BY ~~
I City Department Head
Date: 2, ~ o~
Coding
(for City use only)
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CITY OF ASHLAND, OREGON
City of Ashland
~ per hour beginning June 30, 2002
,.,.
...~
(Increases annually every June 30 by the
Consumer Price Index)
Employees must be paid a living
wage:
~ For all hours worked under a
service contract between
their employer and the City of
Ashland if the contract
exceeds $15,000 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
$15,000.
". 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, 401K 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.
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CITY OF
ASHLAND
FEDERAL ENERGY REGULATORY COMMISSIO
Office of Energy Projects
Division of Dam Safety and Inspections - Washington
888 First Street, N.E., Routing Code: PJ-13
Washington, D.C. 20426
(202) 502-6734 Office - (202) 219-2731 Facsimile
mr~ @ ~-
UL. i JAM 2 I ?nnl
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In reply refer to: P-II07-0R
NATDAM #OROOII0
Mr. PieterN. Smeenk, P.E.
Associate Engineer
City of Ashland
20 E. Main Street
Ashland, OR 97520
JAN 1 5 2003
Dear Mr. Smeenk:
By letter dated December 31,2002, you proposed Mr. A. Richard Griffith, P.E. as
the independent consultant to be responsible for the fifth Part 12 safety inspection of the
Hosler Dam (Reeder Gulch) Project. Mr. Griffith's reswne confirms that he meets the
Commission's independent consultant qualifications specified in Section 12.31(a) of the
regulations. Mr. Griffith is therefore approved as the independent consultant for this
inspection. In accordance with Part 12, Subpart D, the approved independent consultant
must either personally inspect the project or be present during the inspection to supervise
those individuals that conduct the inspection. You are also reminded to instruct your
consultant that should any condition be discovered that requires emergency corrective
measures, he must immediately notify you, since you are required to submit a report to
the Regional Engineer in accordance with Section 12.36.
Three copies of the inspection report must be filed with the D2SI-Portland
Regional Engineer by May 14,2003. The consultant's report must be formatted in
accordance with the enclosed outline (revised November 20, 2002). You should remind
your consultant that it is important to submit reports that are formatted in accordance with
the Outline and which adequately address all the information requested. Particular
attention is requested in providing a complete and legible Section 8. A report submitted
that does not fulfill the requirements of Section 8 will be returned to you as an
unresponsive report. If a Potential Failure Modes Analysis (PFMA) has not been
conducted for this project prior to the preparation of the Part 12D report, the sections of
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the Outline that address the PFMA are to be included in the report but with a brief
statement that the PFMA has not yet been conducted for the project. If you have any
questions concerning the requirements of the Outline, please address your questions to
Mr. James Evans at telephone nwnber (202) 502-8716. Your consultant should be
prepared to submit, if requested, diskettes containing programs with docwnentation and
input files for any of the computer analyses used to reach the conclusions in his report.
Please inform the independent consultant that the inspection and project features
analyses are to include a detailed evaluation of all dam safety aspects of the project in
accordance with the Commission's Part 12 Dam Safety Regulations consistent with the
requirements covered in the Commission's Engineering Guidelines. This includes
providing adequate discussion and evaluation of procedures planned to react to
emergency conditions, review and analyses of the operability of project features under all
loading conditions, assessment of hazard potential, and assessment of instrwnentation
adequacy and analyses.
You are reminded that not later than 60 days after the report of the independent
consultant is filed with the Regional Engineer, you must submit to the Regional Engineer
three copies of a plan and schedule for designing and canying out any proposed
corrective measures.
Sincerely,
~12d /I &~
fJam~; H. Evans, P.E.
Senior Civil Engineer
Division of Dam Safety and Inspections
Enclosure
cc: Public Files
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER'S COP_¥
Page 1 / 1
VENDOR: 006911
ACRES INTERNATIONAL
150 NICKETSON STREET SUITE 310
SEATTLE, WA 98020
SHIP TO: Ashland Public Works
(541) 488-5587
27-1/2 N MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 01/03/2003
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? NO
Ouant!~y Unit Desc, ription Unit Price Ext. Price
BLANKET PURCHASE ORDER
FERC Part 12 Safety Inspection 66,000,00
RFP I
Date of Agreement: January 2, 2003
Beginning Date: January 3, 2003
Completion Date: May 31,2003
.... Insurance required/On file
SUBTOTAL 56,000.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 56,000.00
ASHLAND, OR 97520
Account Number Amount Account Number · Amount
E 670.08.15.00.604130 28,000.00
E 690.11.18.00.604130 28,000.00
- ¢~thorized Signature
VENDOR COPY
CITY OF
ASHLAND
REQUISITION
No. PW62B - 2003
Department PW - Water
Vendor Acres International
150 Nickerson St, Ste 310
Seattle, W A 98020
Account No. 670.08. 15.00.604130
electric pays half
Date March 4, 2003
Requested Delivery Date now
Deliver To Paula Brown
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 PONo
I 1 1 FERC Part 12 Safety Inspection $28,000.00 $28,000.00
split with electric $28,000.00 $28,000.00
$56,000.00 $56,000.00
for Kari:
BID /RFP / EXEMPT: RFP
Contract Start Date: January 3, 2003
Contract Completion Date: May 31, 2003
Insurance on file: n / a I YES I NO
Project No: 02-28
Job No.
Unit No.
I hereby certifY that the above items are necessary for t~ _ /
o'.;'"'",m"~"""=""""'" ~~
I Department Head or Authorized Person
Issued By
Date
Received By
PUBLIC WORKS DEPT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-552-2411
Fax: 541-488-6006
TTY: 800-735-2900
r~'
ORIGINAL