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HomeMy WebLinkAbout2004-087 Contract - Marquess & Assoc 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 City Hall 20 E. Main St. Ashland, Oregon 97520 (541) 488-5347 FAX: (541) 488°6006 ENGINEER: Address: Telephone: MARQUESS & ASSOCIATES INC. 1120 E. JACKSON STREET MEDFORD OR 97501 541/779-7115 Fax:779-4079 Date of this agreement: April 12, 2004 B: RFP Date: February 17, 2004 Proposal Date: March 26, 2004 ¶2.3 City Contracting Officer: Paula Brown, PE, Director of Public Works ¶2.4. Project: 2004 Street Improvement Project No. 04-05 ¶6.1. Engineer's Representative: Rick Swanson, PE ¶8.3. Maximum Contract Amount:S56,400.00 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 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. G:~pub-wrks\eng\dept-admin\ENGINEER\PROJEC'lA2004\04-05 Marquess Contract Street Improve 4 04.doc 1 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 0, 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. Engineerinq Services: 5.1. Engineer shall provide seR/ices 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 G:\pub-wrks\eng\dept-admin\ENGINEER\PROJEC'IA2004\04-05 Marquess Contract Street Improve 4 04.doc 2 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 I 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 I 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 I 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 0. 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. G:~pub-wrks\eng\dept-adrnin~ENGINEER\PROJEC'r~.004\04-05 Marquess Contract Street Improve 4 04.doc 3 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. 8. Payment: G:~pub-wrks\eng\dept-adrnin~ENGINEER\PROJECT~.004\04-05 Marquess Contract Street Improve 4 04.doc 4 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: G:~pub-wrks\eng~dept-admin~ENGINEER\PROJECT~2004\04-05 Marquess Contract Street Improve 4 04.doc 5 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 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. G:~pub-wrks\eng\dept-admin~ENGINEER\PROJECT~2004\04-05 Marquess Contract Street Improve 4 04.doc 6 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. 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. G:\pub-wrks~eng\dept-admin~ENGINEER\PROJEC'l'~.004\04-05 Marquess Contract Street Improve 4 04.doc 7 6. 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: signed by the parties. ENGINEER BY /~' ~'~ Fed. ID# No modification of this contract shall be valid unless in writing and BY REVIEWED AS TO CONTENT Date: //¢',4/~'/z., ~/ REVIEWED AS TO FORM By City Legal Counsel Date: Coding (for City use only) G:~pub-wrks~eng\dept-admin~ENGINEER\PROJEC'l'~.004\04-05 Marquess Contract Street Improve 4 04.doc 8 EXHIBIT 1 2004 STREET IMPROVEMENT PROJECT NO. 04-05 Marquess & Associates, Inc. 1120 East Jackson Street P.O. Box 490 Medford, Oregon 97501 Marquess & Associates, Inc. Project Team: Rick Swanson, P.E. Robert S. Gunter, P.E. Charles A. Strom, P.E. Civil Principal-In-Charge and Geotechnical Investigations Design Engineer Plan Review and Quality Control Subconsultants: TerraSurvey, Inc. for topographic surveys, monument referencing, monument replacement, and construction staking. Probable Construction Cost: $410,000.00 Proposed Engineering Fee: $.40,250.00 Topographic survey/ determine row and description Research and reference monuments } 16,150..00 Construction staking Total Engineering Fee ~= $ 56,400.00 Survey Monument Replacement (only if needed) $ 550.00 per centerline monument $ 50.00 per property corner monument $ 50.00 per centerline monument 'reference mark $ 100.00 per City bench mark $ 1,200.00 Map of Survey Calendar of Development up to the Bidding Stage: If Marquess & Associates, Inc. is selected for street work plus either the utility or concrete project, we understand the street design is to be done first, followed by the other project. · Notification of selection by City and sign contracts · Mark and call for utility locates · Topographic survey (begin) · Geotechnical investigation (traffic control by City crews) · Preliminary design · 30% design review by City · Design · 90% review by City · Project specifications and quantity takeoff for bidder's proposal ? Final design · Provide final contract documents to City 3 weeks 2 weeks 1 week 3 weeks 1 week 1 week 1 week 12weeks City of Ashland LIVING 2003 Consumer Price Index) For all hours worked under a service contract between their employer and the City of Ashland if the contract exceeds $15,713 or more. For all hours worked in a month if the employee spends 50% or more of the employee's time in that month working on a project or podion 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 $15,713. 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. 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 kSHLAND CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER'S COPY Page 1 / 1 po ~R 05075 VENDOR: 000575 MARQUESS & ASSOCIATES 1120 E JACKSON MEDFORD, OR 97501 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: 4/12/2004 Special Inst: Req. No.: Dept.: PUBLIC WORKS Contact: Paula Brown Confirming? NO BLANKET PURCHASE ORDER · April 12,2004 Project 04-05 SUBTOTAL 56,400.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 56,400.00 ASHLAND, OR 97520 · . Account Number ' ' ". '::'Amount Account Number · :.'.. Amount E 260.08.12.00.704200 28,000.00 E 260.08.34.00.704200 8,400.00 E 710.08.11.00.604100 10,000.00 E 710.08.23.00.604130 10,000.00 .~ff~J~orized Signature VENDOR COPY NOTICE OF TRANSMITTAL TO: KARl OLSON DATE: PURCHASING PROJECT: JOB NO.: SUBJECT: MAY 6, 2004 2004 STREET IMPROVEMENT PROJECT 04-05 CONTRACT DOCUMENTS THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Please find the original contract for Marquess & Associates for the design of the 2004 Street Improvement Project. Please issue a purchase order for this project. Insurance should be on file for Marquess for Engineering Services which will cover this project. ENCLOSED -%~ UNDER SEPARATE COVER REMARKS: COPIES TO: Department of Publ~W~rks By: Dawn Lamb Title: Administrativ~s~tant PUBLIC WORKS Tel: 541-488-5587 20 E. Main Street Fax: 541488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT~2004\04-05 IH Marquess Contract 5 04.doc REQUISITION CITY OF -ASHLAND No. PW -FY2004 Department PUBLIC WORKS DEPART Vendor MARQUESS & ASSOCIATES INC. 1120 E. JACKSON STREET MEDFORD OR 97501 --~ Account No. '710. 0~. o, o0, &oq, too - I O,Ooo 'lto. O~'.~.~.O0. {aOd~ 190 - I0.000 Date April 21, 2004 Requested Delivery Date Deliver To JIM OLSON Via PAULA BROWN ASAP (* 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. Engineering services for the 2004 Street Improvement Project No. 04-05 $ 56,400.00 TOTAL $ 56,400.00 for Karl: BID /RFP / EXEMPT: RFP Contract Start Date: April 12, 2004 Contract Completion Date: Insurance on file: [ YES ] NO Project No: 04-05 Job No. Unit No. 1 hereby certify that the above items are necessary for the operation Department Head or Authorized Person Issued By Date Received By "~& ~[Ioo~o ~t~ ~-,dt,,rd. ~r~ote'~ 4 'T io. 08. ~. oo. $o¢i~oo G:Deptadmin\pubwrks\eng\engineer\project\04-05 Marquess Street Improve Req 04 04.xls