HomeMy WebLinkAbout2004-108 Contract - Marquess & Associates
CITY OF
ASHLAND
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 Consultant: MARQUESS & ASSOCIATES INC.
City Hall Address: 1120 E. JACKSON STREET
20 E. Main St. MEDFORD OR 97501
Ashland, Oregon 97520
(541) 488-6002 Telephone: 541/7797115
FAX: (541) 488-5311 FAX: 779-4079
Date of this agreement: APRIL 12, 2004 ~ B: Request date: November 14, 2001
Proposal date: N/ A
~2.2. Contracting officer: Paula C. Brown, PE
~2.4. Project: Request tor redesign of OT AK Inc.'s Water Street Bridge Reconstruction Project final design to reduce span
and revise other site related improvements.
~6. Consultant's representative: Randy Cleveland, PE
~8.3. Maximum contract amount: $33,600.00
B. On the date noted above, City issued a request for consulting services needed by City for the project describl3d above.
Consultant submitted a proposal in response to the REQUEST 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 FlEQUEST. .
City and Consultant agree as follows:
1. Relationship between City and Consultant: Consultant accepts the relationship of trust and confidence establllshed between
Consultant and City by thiis 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 fUl1her 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 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, unl13SS 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 Contractina 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. Consultina Services: Consultant shall provide services to City that are described in the REQUEST.
5.1. In connection with the services described in the REQUEST, 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.
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 worl{ described in the REQUEST. 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 the REQUEST. 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 s€!ntence shall not
be construed, however, to allow City to prosecute an action against Consultant beyond the maximum time limitation provided by
Oregon law.
6. Assianment 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 Citv::
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.
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 ReGital 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.~:14, 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 anyone 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.
9.4. If the amount of this contract is $15,713 or more, Consultant is required to comply with chapter ~:.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% or more of the service work under this contract. Consultant is also Irequired to post
the attached notice predominantly in areas where it will be seen by all employees.
10. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall bE! the property of
City. To thl3 extent permitted by law, City shall, within 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 autlhorization of Consultant.
11. Records:
11.1. Consultant shall develop and maintain complete books of account and other records on the se~ices 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 a.nd 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 forGe:
13.1. .1. A comprehensive general liability policy including coverage for contractual liability for
obligations assumed under this contract, blanket contractual liability, products and completed operations and
owner's and contractor's protective insurance;
13.1.:2. A professional errors and omissions liability policy; and
13.1.:3. A comprehensive automobile liability policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act with minimum coverage of $500,000 per occurrence (combined single limit for bodily injury
and property damage claims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
13.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable,
except for the coverage required by subsection 13.1.2.
13.4. CertificatE~s 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 memly that the issuing
company "will endeavor to maW 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 recl9iving 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 pursUl9 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 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 plrior to the termination date.
15.2. In addition to the right to terminate this contract under subsection 14.3, Consultant may completEl such analyses
and records as may be necessary to place its files in order and, where considered necessary to protect its profe:)sional
reputation, to complete a report on the services performed to date of termination.
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 compensation for lost profits.
16. Notices: Any notice required to be given under this contract or any notice required to be given by law shall bl9 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. Assianment: 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 ri~lhts or benefits to
anyone other than City and Consultant.
18. Modification: No modmcation of this contract shall be valid Ul{less. writing and signed by the parties.
Consu~ant ~ITY
B~~C'~./BY~ ~/~y
Fed.ID# f~-~~~ REVIEWEDA TOCONTENT
BY
Date: ~1W47 4';-
REVIEWED AS TO FORM
By
City Legal Counsel
Date:
Coding
(for City use only)
. CITY OF ASHLAND, OREGON
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
City of Ashland
LIVING
WAGE
lImper hour effective June 30, 2003
r~'
(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 projElct 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 Elxcess of
$15,713.
~ If their employer is the City of Ashland including the Parks and Recreation Department.
In calculating the Iivin~1 wage, employers may add the value of health care, retirement, 4el1 K and IRS eligible
cafeteria plans (includiing 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 Employel"s: This notice must be posted predominantly in areas where it will be seen by all
employees.
<:ITY OF
ASHLAND
11
From: Sheryl Wirts At: Protectors Insurance FaxlD: 1-541-772-1906 To: ,Dawn
Date: 6fll04 09:13 AM Page: 2 of 2.
ACORD.. CERTIFICA TE OF LIABILITY INSURANCE Oft ID S, DATE (MM/DDIYYYY)
MAR~~U -1. 06/07/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Protectors :Insurance, LLC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
514 Crater Lake Ave. AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Medford OR 97504
Phone: 541.-773-5358 Fax:541-772-1906 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A
Transportation Insurance CO.
INSURER B SA:IF Corporation
Mar~ess & Associates :Inc INSURER C Continental Casualty COlapany
PO OX 490 INSURER D
Medford OR 97501
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HJWE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MA,Y HAVE BEEN REDUCED BY PAID CLAIMS
LTR NSRC TYPE OF INSURANCE POLICY NUMBER t'D~~~ (MMlDONYt I ~gk~~Y (MMIDDNY) LIMITS
GENERAL LIABILITY EACH OCCURREt\ICE $1,000,000
~
A X X COMMERCIAL GENERAL LIABILITY B2053847221 01/03/04 01/03/05 ~IUKCI cu $ 100,000
PREMISES (Ea occurence)
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 5,000
X *Aggregate 2,000, PERSONAL & ADV INJURY $1.,000,000
e----
GENERAL AGGREGATE $2,000,000
f--
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COIvIP/OP AGG $2,000,000
II n PRO- nLOC Emp Ben. 1.,000,000*
POLICY JECT
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
~ $1,000,000
A X X ANY AUTO B2053847266 01/03/04 01./03/05 (Ea accident)
f--
ALL OWNED AUTOS BODIL Y INJURY
f-- (Per person) $
SCHEDULED AUTOS
~
X HIRED AUTOS BODIL Y INJURY
e---- (Per accident) $
X NON-OWNED AUTOS
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA i~CCIDENT $
==l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURREt\ICE $
C ~ OCCUR D CLAIMS MADE B205384731.6 01/03/04 01/03/05 AGGREGATE $
$
==l DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I WC STAfU. I 10TH-
TORY LIMITS ER
B EMPLOYERS' LIABILITY 913785 01/01./04 01/01./05 EL EACH ACCID:::NT $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? EL DISEASE - EI~ EMPLOYEE $1.,000,000
If yes, describe under EL DISEASE - POLICY LIMIT $1.,000,000
SPECIAL PROVISIONS below
OTHER
C Professiona1 AEA004312794 07/26/03 07/26/04 Prof Liab $1,000,000
Liability
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Water street Bridge Project
CERTIFICATE HOLDER
CANCELLATION
C:ITYAS2
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR~ TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LI:FT, BUT FAILURE TO DO so SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF Am KIND UPON THE INSURER, ITS AGENTS OR
City of Ash1and
20 E. Main street
Ash1and OR 97520
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
11
CITY RECORDER'S COpy
Page 1 / 1
CITY OF ,ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541 ) 488-5300
6/8/2004
VENDOR: 000575
MARQUESS & ASSOCIATES
1120 E JACKSON
MEDFORD, OR 917501
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
Speciallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
SUBTOTAL
TAX
FREIGHT
TOTAL
33600.00
0.00
0.00
33,600.00
E 260.08.12.00.704200
~~ ~/;
/. (f ~V
Authorize l'lnature <
VENDOR COpy
11
NOTICE OF TRANSMITTAL
TO:
KARl OLSON
PURCHASING
DATE:
PROJECT:
JOB NO.:
SUBJECT:
JUNE 4, 2004
WATER ST BRIDGE ENGINEERING
01-12
CONTRACT DOCUMENTS & REQUISITION
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
Attached is one original copy of the engineering contract for the Water Street Bridge
Reconstruction Project 01-12 with a requisition for this project. Please execute a purchase order
for this project at your earliest opportunity.
ENCLOSED ~
UNDER SEPARA~E COVER
REMARKS:
COPIES TO:
Department of Public Works
By: Dawn Lamb ~1j
Title: AdministnttiV[ f\~stant
PUBLIC WORKS
20 E. Main Street
Ashland, Or~on 97520
www.ashland.or.us
G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2001\01-12 Water St Marquess Contract IH NOT 6 04.doc
Tel: 541-488-5587
Fax: 541-488-6006
TTY: 800-735-2900
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~~ ~ f[\f~\
JUI'-I (\ B _ 2\l\l4 D\
CITY IOF
Ll\ND
REQUISITION
No. PW - FY 2004
Department Public: Works
Vendor MARQUESS & ASSOCIATES INe.
1170 E. JACKSON ST.
MEDFORD OR 97501
Account No. 260.08.12.00.704200
Date April 13, 2004
Requested Delivery Date ASAP
Deliver To Pieter Smeenk
Via Paula Brown
(* Note: Please allow approximately two(2) weeks for delivery on ilems not
generally caried in stored, and approximately two (2) months on printing jobs.)
Item No. Quantity Unlit Description Use of Purchasing Office Only
Unit Price Tot2J Price PO No.
Engineering Services for the Water Street
Bridge Replacement Project $ 33,600.00
Replacing engineering services provided by
OTAK
TOTAL $ 33,600.00
for Kari:
BID IRFP / EXEMPT: Bid
Contract Start Date: April 12, 2004
Contract Completion Date:
Insurance on file: I YES t NO
Project No: 01-12
Job No.
Unit No.
I hereby certifY that the above items are necessary for the operation
of this department and are budgeted
/~~p'rn,"
Issued By
Date
Received By
r~'
G:Pubwrks\eng\deptadmin\engineer\project\01-12 Marquess Requisition 4 04.xls