HomeMy WebLinkAbout2004-106 Contract - Thornton EngineerENGINEERING 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: THORNTON ENGIINEERING
INC.
Address: 1236 DISK DRIVE STE I
MEDFORD OR 97501
Telephone: 541/857-0864 Fax: 857-1947
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 Miscellaneous Concrete Construction Project No. 04-0,4
¶6.1. Engineer's Representative: Mike Thornton, PE
¶8.3. Maximum Contract Amount:S15,850.00
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.
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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 autlhority 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 inforn~ation,
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
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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 tha~n
$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 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
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 assignmen~Is 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, apprc,ved by City,
shall become a part of this contract.
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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 coordiination 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 Fngineer'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 req~uests 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 proje, ct.
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:
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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 2,09.
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 pursua~nt 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:
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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 distin~ction
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.
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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 lparty 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 day.,; 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. Englineer shall
not be entitled to compensated for lost profits.
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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: No modification of this contract shall be valid unless in writing and
signed by the parties.
ENGINEER
CITY
BY
REVIEWED AS TO CONTENT
City De_~~/~ ,~d
Date' , ~ ,
By
Date: C¢~e~~fO0~n se'
Coding
(for City use only)
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EXHIBIT 1
2004 Misc. Concrete
PROPOSAL FOR,ENGINEERING SERVICES
CITY OF ASHLAND
2004 MISCELLANEOUS CONCRETE CONSTRUCTION
PROJECT NO. 04-04
Thornton Engineering, Inc. proposes to provide engineering services for Sidewalk Construction
on Granite Street, First Street, B Street, Garfield Street and Califomia Street as well as Curb
Repair for B Street (Sixth to Seventh), Third Street, Fourth Street, Vista Street, B Street (Oak to
Water), and Wimer Street.
Mike Thornton of Thomton Engineering, Inc. will be the project manager. Other key team
members include Kirk Daley and James Pearson.
Our estimated engineering costs are as follows:
(Construction servic, es costs are estimates only - to be reevaluated after completion of design.)
200'4 Miscellaneous Concrete Construction
Design Costs:
Construction Costs:
Total Cost of Services:
$13,640.00
$ 2,210.00
$15,850.00
Estimated Project C°nstmction Cost: $82,500.00
2004 Misc. Concrete
The following is our calendar for project development assuming a contract date of
April 2, 2004:
TASK
Design
1. Preliminary Design Meeting
2. Prepare Basemaps
3. Field and Record Research
4. Plan & Detail Design
5. Submit 90% Drawings/City Plan Review
6. Final Plan Drawings
7. Specifications & Bid Documents
8. Engineer's Construction Cost Estimate
9. Submit Plans & Specifications
Construction
10. Pre-Construction Conference
11. Respond to Bid Inquiries
12. Construction St.akdng
13. Respond to Con. struction Inquiries
14. Limited Construction Quality Control
15. Record Drawings
START DATE END DATE
July 26, 2004
August 2, 2004
August 16, 2004
August 30, 2004
Sept. 6, 2004
Sept. 13, 2004
Sept. 20, 2004
Sept. 20, 2004
Sept. 27, 2004
July 30, 2004
August 13, 2004
August 2'7, 2004
Sept. 3, 2004
Sept. 10, 2004
Sept. 17, 2004
Sept. 24, 2004
Sept. 24, 2004
City of Ashland
LIVING
~per hour effective June 30, 2003
(Increases annually every June 30 by the
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 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 $15,713.
If their employer is the City of
Ashland including the Parks
and Recreation Department.
In calculating the IMng wage,
employers may addl 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
-ASHLAND
CITY OF ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
CITY RECORDER'S COPY
I . DATE
6/7/2004
Page 1 /1
VENDOR: 003753
THORNTON ENGINEERING
1236 DISK DRIVE SUITE 1
MEDFORD, OR 97504
SHIP TO: Ashland Public Works
(541 ) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date: 4/12/2004
Special Inst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown / Jim Olson
Confirming? Yes
QUantity · Unit : :. ' .: ' , Description Unit Price ·EXt.·Price ·
BLANKET PURCHASE ORDER
"" 2004 Miscellaneous Concrete Constrution .15,850100
Project ·Engineering· Services,· Project
04-04 .. :
·
·
· . · . . . . . . .. ..
· . i'" '"'" RFP : : i '' ': ' .. ..:'.i
Contract start date: April 12, 2004
·
· ' ':':' ii . Insurance reqUired/On file . .. .. . . ... ". ·
·
.... , . .
· . ....
· :. · :. . : :' . ..
· . , .......
: · . . . .. . .
· , . ...... . · .
..... ,, . .
· . · : ..... · . · . .. ..
..
·
·
· .
..
· .
· ,
...: . · . . . . · .... ..
· .... .... .. · :. ' ...::'. .:
.... . . .: · .
· . · .. . .. .. .. .... .. . . · ..
· .
· . . . ... · , , ,
· . .: .' .. : . ... · . .. . . .' ...
·
·
·
· . .. . : . · , : ,, :'. :
· : . : · : · .
.....
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· ,
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·
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,,,
S LIBTOTAL 15,850.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541 o552-2028 TOTAL 15,850.00
ASHLAND, OR 97520
· . ' AccoUnt Number "· ." ' .Amount .... ACcount Number . · ..... ' .'Am°unt: · ·
E 260.08.12.00.704200 13,472.50
E 260.08.35.00.704200 2,377.50
VENDOR COPY
.]U~ 0'~~ /~1~ C i T Y 0
LAI I D
NOTICE OF TRANSMITTAL
TO:
KARI OLSON
PURCHASING
DATE:
PROJECT:
JOB NO.:
SUBJECT:
JUNE 3, 2004
2004 MISCELLANEOUS CONCRETE
CONSTRUCTION PROJECT
04-04
CONTRACT DOCUMENTS
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Fully executed contract documents from Thornton Engineering for engineering services for the
2004 Miscellaneous Concrete Construction Project.
Requisition in the amount of $15,850.00
ENCLOSED ~
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public Works
Engineering Division f~ ~'
By: James H. Olson V//
Title: City Surveyor/Propct~lVIanager
PUBLIC WORKS Tel: 541488-5587
20 E. Main Street Fax: 541-488-6006
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or, us
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REQUISITION
CITY OF
SHLAND
No. PW -FY2004
Department Public Works Date June 3, 2004
Vendor THORNTON ENGINEERING Requested Delivery Date ASAP
1236 DISK DRIVE STE 1 Deliver To JIM OLSON
MEDFORD OR 97501 Via
Account No. 260.08.12.00.704200 ~ 85% (, Note: Please allow approximately two(2) weeks for delivery on items not
260.08.35.00.704200 - ~ 15% g .... ally 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.
2004 MISCELLANEOUS CONCRETE $ 15,850.00
CONSTRUCTION PROJECT
ENGINEERING SERVICES ~"/(
·
TOTAL $ 15,850.00
for Kari:
BID /RFP / EXEMPT: RFP
Contract Start Date: April 12, 2004
Contract Completion Date:
Insurance on file: [ YES [ NO
Project No: 04-04
7
Job No. Unit No.
I hereby certify that the above items are necessary for the operation
of this department and are budgeted~ ~horized
Person
Issued By
Date
Received By