HomeMy WebLinkAbout1998-063 Contract - Carollo Engineers CONSULTANT SERVICES CONTRACT
Consultant services contract made on the date specified below in Recital A between the
City and Consultant as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002
FAX: (541) 488-5311
Consultant: Carollo Engineers, P.C.
Address: 5100 SW Macadam Avenue, Suite 440
Portland, Oregon 97201
Telephone: (503) 227 - 1885
FAX: (503) 227 - 1747
Date of this agreement:
May 11, 1998
~ B: RFP date: April 16, 1998
Proposal date: April 30, 1998
2.2. Contracting officer:
Paula C. Brown, PE, Public Works Director/City Engineer
2.4. Project: COMPREHENSIVE WATER MASTER PLAN
¶ 6.1. Consultant's representative: Robert B. Eimstad, PE, Principal
8.3. Maximum contract amount: $53,067.00
B. On the date noted above, City issued a request for proposals (RFP) for consulting
services needed by City for the project described above. Consultant submitted a
proposal in response to the RFP on the date noted above.
C. After reviewing Consultant's proposal and proposals submitted by other offerors, City
selected Consultant to provide the services covered by the RFP.
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of
trust and confidence established between Consultant and City by this contract.
Consultant 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 consultant's caliber in the locality of the project. Consultant 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, Consultant shall provide professional consulting services for City in all phases
of the project to which this contract applies, serve as City's professional consulting
PAGE 1 -CONTRACT (g:~paula\water\masterplancontract)
representative for the project, and give professional consultation and advice during the
term of this contract. Consultant acknowledges that City is relying on consultant to
provide professional consulting 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. "City" means the City of Ashland, Oregon.
2.2. "Contracting officer" means the person specified in Recital A above or that
person's designee.
2.3. "Project" means the project described in Recital A.
2.4. "Work" or "Services" shall mean all labor, materials, plans, specifications,
opinions, reports, and other consulting services and products which Consultant 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. 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 Consultant's services.
5. Consulting Services: Consultant shall provide services to City that are detailed in
Exhibit A - Scope of Services. This Scope of Services was developed in response to
the RFP.
5.1. In connection with the services described in Exhibit A, Consultant shall:
5.1.1. Consult appropriate representatives of City to clarify and
define City's requirements relative to the services.
5.1.2. Review available data relative to the services.
5.1.3. Identify data which is not available and is needed to fulfill the
services, and act as City's representative in obtaining such data.
5.1.4. Prepare monthly progress reports to the contracting Officer
on the status of services.
PAGE 2-CONTRACT (g:~paula\waler\maslerplancontract)
5.1.5. Cooperate with other consultants retained by City in the
exchange of information needed for completion of the services and the
project.
5.2. Consultant shall commence performance of services within five days after
receiving written authorization from the contracting officer for work described in Exhibit
A. Consultant 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,
Consultant shall submit for City's approval, a schedule for the performance of work
elements described in Exhibit A. Each schedule shall include allowance for periods of
time required for City's review and approval of Consultant's services. Each schedule,
approved by City, shall become a part of this contract.
5.3. Consultant shall perform the services as an independent contractor in
accordance with generally accepted standards in Consultant's profession. Consultant
shall be responsible for the professional quality, technical accuracy and the
coordination of all services performed by Consultant. Consultant shall, without
additional compensation, correct or revise any error or deficiencies in the services that
are caused by Consultant'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 Consultant's services. In the
event of any breach of this contract by Consultant or negligent performance of any of
the services, City's cause of action against Consultant 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 Consultant beyond the
maximum time limitation provided by Oregon law.
6. Assignment of Consultant'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 Consultant's
representative in all communications and transactions with City.
6.2. Consultant will endeavor to honor reasonable specific requests of City with
regard to assignment of Consultant'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 Consultant 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 Consultant for performance
of the services.
PAGE 3-CONTRACT (g:~aula\water\masterplancontract)
7.3. City will arrange for access to, and make all provisions for Consultant to
enter upon, public and private property as required for Consultant 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, Consultant, public
agencies, and others involved in the project.
8. Payment:
8.1. City shall pay Consultant for services and reimburse Consultant for
expenses incurred by Consultant in performance of services in accordance with a
payment schedule to be submitted by Consultant 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. Consultant shall submit monthly invoices to City for Consultant'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. Consultant 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 Consultant 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. Consultant is a "subject employer" as defined in ORS 656.005 and shall
comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to
City that Consultant has workers' compensation coverage required by ORS Chapter
656. If Consultant is a carrier insured employer, Consultant shall provide City with a
certificate of insurance. If Consultant is a self-insured employer, Consultant shall
provide City with a certification from the Oregon Department of Insurance and Finance
as evidence of Consultant's status.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this
contract shall be the property of City. To the extent permitted by law, City shall, within
PAGE 4-CONTRACT (g:~paula\water\maslerplanconlract)
the limits of the Oregon Tort Claims Act, defend, indemnify and hold harmless
Consultant, 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 Consultant without prior written authorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and
other records on the services which are adequate for evaluating Consultant's
performance. Consultant 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 Consultant's other business.
11.2. Consultant's books and records shall be made available for inspection by
City at reasonable times, to verify Consultant's compliance with this contract. City shall
have the right to request an audit of Consultant's books and records by a certified
public accountant retained by City.
12. Indemnification: Consultant 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
Consultant (including but not limited to, the negligent acts or omissions of 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 claims,
actions, costs, judgments, damages or other expenses, directly and proximately caused
by the negligence of City.
13. Insurance:
13.1. Consultant 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
PAGE 5-CONTRACT (g:~paula\water\masterplancontract)
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 Consultant. 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.
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 Consultant written notice sixty days prior to the termination
date.
15.2. In addition to the right to terminate this contract under subsection 14.3,
Consultant 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.
PAGE 6-CONTRACT (g:\paula\water~nasterplancontracl)
15.3. If City terminates the contract under subsection 15.2, Consultant shall be
paid for all fees earned and costs incurred prior to the termination date. Consultant
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 Consultant shall be addressed to the Consultant's
representative at the address provided for the Consultant in Recital A above.
17. Assignment: City and Consultant 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. Consultant shall not assign or subcontract Consultant'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 Consultant.
18. Modification: No modification of this contract shall be valid unless in writing and
signed by the parties.
CITY
BY ~,~~
Fed. ID #
REVIEWED AS TO CONTENT
Ci~ Department Head
Date: z~ ~ ~8
REVIEWED AS TO FORM
By ~
City Legal Co, unsel
Date:
Coding
(for City use only)
PAGE 7-CONTRACT (g:~paula\water'~nasterplancontracl)
Exhibit A - Scope of Services
Task 1 - Data Collection and Review
The purpose of this task is to collect and review available information and data about the
Ashland water supply system. Specific subtasks are described below.
1.1 - Collect and review available information including:
· prior studies of the water supply system
· digital and/or hard copies of distribution system maps, topographic maps, and as-builts
of the water supply components
· zoning maps
· utility billing consumption information
· customer complaint logs
· any hydrogeological studies or groundwater investigations
· historical information related to previously developed water resources within the City
· other long range planning documents
1.2 - Collect and review distribution system water quality data to assess compliance with the
Safe Drinking Water Act and its recent amendments. Prepare a summary table describing
current rules and regulations and the compliance status of the Ashland water supply system.
Task 2 - Water Demand Update
The purpose of this task is to review current water use and demand patterns and project future
demand using population and per capita water use demand estimates. This information will be
used to assess the limitations of the existing supply system and the scope of needed
improvements.
2.1 - Review historic population growth and previous planning studies and project population
growth within Ashland to the 2050 planning horizon.
2.2 - Use information from billing records and the population projections to determine the
average daily, maximum day, and peak hour demand on the system for both existing and
futu re conditions.
2.3 - Working with staff, develop emergency supply scenarios and goals. These may include
the impact from fires, drought, and/or the impact on supply by natural disasters, operational
problems at the treatment plant, etc.
2.3 - Evaluate the impacts of ongoing conservation on the average daily, maximum day, and
peak hour demands on the system. Estimate additional reductions in water demand that can
be gained from more aggressive water conservation.
2.4 - Evaluate the impacts of increased supply system storage on meeting the existing and
projected demands on the system.
Task 3 - Supply Alternatives Development and Evaluation
The purpose of this task is to develop and evaluate a set of alternatives which will meet all or
part the water supply needs of Ashland.
3.1 - Conduct a study workshop with City staff to review the background information, data
summation activities, water demand projections and to discuss the potential alternatives to be
developed in this task. Additionally, this workshop will seek staff input into the evaluation
criteria to be used for evaluating the alternatives.
3.2 Make presentation to City Council to discuss data summation activities, water demand
projections and to discuss the alternatives to be considered in the planning process. Seek
input from City Council on the alternative evaluation criteria and the relative weighting the
criteria should be given.
3.3 - Develop the alternatives in sufficient detail to permit alternative comparison and
evaluation. This detail will include a description of the alternative, schematics, costs, long-
term reliability, and ability to satisfy the water demand projections developed in Task 2. It is
anticipated that the alternatives to be developed are:
The "No Action" Alternative
Water Conservation
TAP Intertie
Additional Reservoir(s)
Local Wells and Springs
Wastewater Reuse
TID Supply Improvements
3.4 - Review operations and maintenance activities in the watershed, the treatment system,
and the distribution system. Develop recommendations, if any, that will improve the ability of
the existing water supply system to reliably meet the city's water needs.
3.4 - Prepare draft writeup on the benefits and costs of each alternative and present
consultant's evaluation of the alternatives and how they satisfy the evaluation criteria. The
written evaluations will be presented to the City for review.
Task 4 - Recommendations and Planning Report Development
The purpose of this task is to develop and finalize the recommended plan for meeting the
projected water demands.
4.1 - Conduct a study workshop with the City to discuss the alternative evaluations and
develop the recommended course of action. It is anticipated that the recommended plan may
include some combination of the alternatives developed in Task 3 since those alternatives are
not all mutually exclusive.
4.2 - Prepare a draft report which includes the summary of the previous tasks, presents the
information on the water supply alternatives, summarizes the evaluation process, and
establishes the recommended course of action. This draft report will be submitted to the City
for review.
4.3 - Present the draft report recommendations to City Council. The draft report will be
finalized in response to direction and comments given by the Council.
Task 5 - Public Meetings
The purpose of this task is to gain greater public involvement in the development of the plan
and to foster public support for the plan's recommendations. These public meetings are in
addition to the City Council presentations included in previous tasks.
5.1 - Assist the City in organizing and presenting information at a Public Meeting to discuss the
demand projections, the potential of water conservation, water recycling, and the alternatives
being considered in the planning process. This Public Meeting would be held prior to finalizing
the list of alternatives in Task 3.
5.2 - Assist the City in organizing and presenting information at a Public Meeting to discuss the
evaluation of the alternatives and the draft recommendations. This Public Meeting would be
held prior to finalizing the Planning Report.
Tasks
Task I - Data Collection & Review
Task 2- Water Demand Update
Task 3-Supply Alts. Dvlpmt. and Eval.
Task 4- Recommendations and Report
Task 5- Public Meetings
TOTALS:
Labor Cost Estimates
Labor Cost Sum
Travel (15 person-trips @ $300)
Printing & Miscellaneous Cost
Total:
Eimstad
$145
39
$5,655
$48,267
$4,500
$300
$53,067
i Carollo
:Wilkins Bullock
i Clinton ~Simonds
$70! $110 $120
16~
24 4
40~ 40
48 8
12
128 76L
$12,420 $8,960 $8,360
Schuler W.P.
$96 -- $40
16;
$1,920
16; 24 i2~
~ 8 12
2
32i 28
$3,072i $1,120
Lee ~
Beverly Shaver TOTAL
$90~ $65!
81 i6+ 28
39
40 16 240
4 122
5O
52; 321 479
$4,680- $2,080i
TASK 1
TASK 2
TASK 3
TASK 4
TASK 5
TASK
Data Collection; Review
Water Demand Update
Study Workshop
Finalize Evaluation Criteria
City Council Presentation
Alternative Development
Alternative Evaluation
Study Workshop
Develop Draft Recommendation
City Council Presentation
Finalize Report
Public Meeting #1
Public Meeting #2
1998
MAY JUN JUL AUG SEP
0
o
Final Repor~ 9/1/98 I
CITY OF
ASHLAND
CITY HALL
ASHLAND, OREGON 97520
TO:
BARBARA CHRISTENSEN
CITY RECORDER
NOTICE OF TRANSMITTAL
DATE:
PROJECT:
JOB NO.:
SUBJECT:
JUNE 9, 1998
WATER MASTER PLAN
CONSULTANT SERVICES CONTRACT
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original signed contract for the Comprehensive Water Master Plan.
ENCLOSED J UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public Works
By: Paula Brown
Title: Public Works Director/City Engineer
(G:dawn\NOT Jim.wpd)