HomeMy WebLinkAbout2005-279 Contract - Marquess & Associates
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ENGINEERING SERVICES CONTRACT
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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: PO BOX 490
20 E. Main St. MEDFORD OR 97501
Ashland, Oregon 97520 Telephone: 541/772-7115
(541) 488-6002 FAX: 541/779-4079
FAX: (541) 488-5311
Date of this agreement: 11 B: RFP date: DECEMBER 14, 2001
OCTOBER 10, 2005 Proposal date: APRIL 2004
112.2. Contracting officer: PIETER SMEENK, PE INTERIM CITY ENGINEER
1[2.4. Proiect: Water Street Bridqe Reconstruction Engineerinq, Construction Enqineering
1[6. Consultant's representative: Randy Clevland, PE
118.3. Maximum contract amount: NTE $20,000.00
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 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.
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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 RFP.
5.1. In connection with the services described in the RFP, 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 work described in the RFP. 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 RFP. 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. 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 Clnd
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.
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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.
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 incurrEld 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 279C.505, 279C.515, 279C.520 and 279C.530.
9.2. Pursuant to ORS 279C.520(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.
9.4. If the amount of this contract is $15,964.00 or more, Consultant is required to comply with chapter
3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any subcontractor who performs 50% or more of the service work
under this contract. Consultant is also required to post the attached notice predominantly in areas where it will
be seen by all employees.
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 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 witl10ut prior
written authorization of Consultant.
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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 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. Contractor shall submit certificates of insurance acceptable to the City with the signed contract
prior to the commencement of any work under this agreement. 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 Ithis 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.
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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 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.
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 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. Assio n ment:
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, assi!~ns 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 thi'f}ies.
CONSULTANT CITYOF~fND~ L
By ~~d..AY: ." ~
, ignature Gino Grimaldi
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Printed Name
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REVIEWED AS TO CONTENT:
By: c,{lv/iilil
Dep rtment Head Date: I 2- 113 ) CS'-
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CITY OF ASHLAND, OREGON
City of Ashland
LIVING
ALL employers described
below must comply with City
of Ashland laws regulating
payment of a living wage.
rA'
Employees must be paid a
living wage:
~ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $15,964 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
lImper hour effective "ulle 30, 2005
(Increases annually every "une 30 by the
Consumer Price .Index)
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 $15,964.
~ 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,
401 K and IRS eligible
cafeteria plans (including
childcare) ben€~fits to the
amount of wages received by
the employee.
~ Note: "Employee" does not
include temporary or part-time
employees hired for less than
1040 hours in any twelve-
month period. For more
details on applicability of this
policy, please see Ashland
Municipal Code Section
3.12.020.
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can Ibe seen by all
employees.
<:ITY OF
ASHLAND
CITY OF ASHLAND PUBLIC WORKS
CONSTRUCTION PERIOD SCOPE OF SERVICES
IV -2. Construction Management
The Agency will provide staff to perform all Construction Management subtasks as follows:
IV -2.1 Post Bid Setup- Agency will update the project manual with copies of the Addenda issued
during the bid phase plus executed contract documents; print and distribute copies of the modified
manual to the Agency (2
each), Contractor (3 each plus I full size set of reproducible drawings and I full size set of blue line
drawings), and Consultant (3 each).
IV -2.2 Project Record Keeping- Agency will set up and administer the project record keeping
system; develop a document format for clarification requests, submittal review, progress payments,
and change orders during the construction period. Provide administrative staff to maintain project files,
word processing, and other clerical tasks.
IV -2.3 Construction Manager- Agency will provide the services of a Construction Manager as the
project needs dictate. Duties will include all contract administration such as resolution of Contractor
questions, response to requests for changes, preparation of change orders, administration of the
submittal review process, review and recommendation of monthly payments to the Contractor, and
review of the project schedule. Upon substantial completion of construction, prepare punch lists of
remaining work to be completed. Prepare and submit a certificate of completion. Review the final
payment request.
IV -2.4 Project Meetings- Agency will hold meetings to facilitate communication among the
construction team members during the construction period. Members of the design team will
periodically attend these meetings to review construction compliance for the various diSCiplines.
IV -3. Office Engineering During Construction
Consultant will provide office engineering services to assist Agency's performance of contract
administration and to ensure the Contractor is providing the specified construction materials and
equipment and performing the construction in accordance with the intent of the plans and
specifications. Consultant duties include:
IV -3.1 Submittals- Prepare a detailed list of required and potential anticipated submittals for use in
planning and anticipating submittals. Review technical submittals or re-submittals required from the
Contractor to demonstrate conformance with design concepts and compliance with the rElquirements
of the contract documents.
IV-3.2 Job Site Visits- Make periodic visits to the site to observe that the work conforms to design
requirements.
IV-3.3 Request for Information- Provide professional service to interpret the contract documents and
provide clarifications concerning the intent of the design documents when requested by the
Construction Manager.
IV-3.4 Change Order Assistance-- Provide professional and technical service to prepare technical
information for inclusion in change orders prepared by the Construction Manager.
IV-3.S Record Drawings and Documentation- Revise the reproducible drawings for record purposes
to show major changes made during construction using addendum drawings, change order drawings
and marked up record drawings provided by the Contractor. Furnish the Agency with one set of
reproducible record drawings.
IV -4. Field Engineering and Construction Observation
Provide a qualified and experienced resident engineer on-site, part-time as necessary during
construction activities. Duties will include observing construction, assessing subsurface conditions and
adjusting design to maximize value and control cost to the Agency, documenting and maintaining
records of construction activities, facilitating demonstrations that construction meets contract
requirements, ancl preparing monthly reports of construction progress. Call for geotechnical and
engineering expertise periodically when conditions warrant. Hold regular site meetings with the
Contractor's representative and appropriate members of Agency's construction team during the
construction period. The purpose of these meetings is to facilitate communication related to
construction schedule, construction progress, compliance with the plans and specifications, changes
in the work, and similar details. Members of the design team may periodically attend these meetings
during their review of construction for compliance with design requirements.
IV-5. Field Testing
The construction documents require the Contractor to obtain the services of an independent testing
company to perform soil, concrete, asphalt and other materials tests and provide the results to prove
compliance with the contract documents. Define the location and timing of these tests, coordinate with
the Contractor's testing company, and review the results to determine Contract compliance. If Agency
chooses to perform additional or confirming tests, define the location and timing of these tests, and
facilitate the services of the Agency's qualified testing company. Since it is impossible to predict the
amount of Agency testing that may be needed, a $2,000 allowance has been included in this task for
the services of thEl Agency's qualified testing company.
PHASE V. ENGINEERING SUB-CONSULTANT SERVICES
V-I. Surveying and Mapping
V-1.3 Construction surveying-This work includes the surveying information to be provided by the
Owner, as defined in Section 01050 in the contract documents, which will be needed to define the
location of the pipeline alignment and easement. Establish reference benchmarks and baselines near
the pipeline route from which the Contractor can reference final location of the pipeline. From the
infol111 ation provided, the Contractor shall develop and make such additional surveys as are needed
for construction, such as control lines, slope stakes, batter boards, and stakes for pipe locations and
other working points, lines, and elevations. Determine and flag at agreed upon intervals the location of
the permanent and construction easement lines. Contractor will be responsible to reestablish
reference benchmarks and survey control monuments destroyed by his operations.
V -2. Geotechnical Investigation
V.2.3 Geotechnic:al assessments during construction - If unforeseen subsurface conditions
warrant, provide tile services of a qualified geotechnical engineer to observe assess and recommend
action that allows construction to proceed. Since it is impossible to predict the amount of service that
may be needed from a geotechnical engineer, a $5,000 allowance has been included in this task for
such services.
CITY RECORDER'S COpy
Page 1 / 1
,.,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
~
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:
Speclallnst:
Req. No.:
Dept.: PUBLIC WORKS
Contact: Paula Brown
Confirming? No
EnQineerinQ Services for the Water
Street BridQe Replacement Proiect
Inspection Services
20,000.00
RFPIMemo
Date of aQreement: October 10, 2005
Insurance required/On file
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUI:5TOTAL
TAX
FREIGHT
TOTAL
~J
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l( ,/oJ
Au~rlZed Signature
VENDOR COPY
CITY C)F
ASHLA~ND
REQUISITION
No. PW - FY 2005
Department Public Works
Vendor MARQUESS & ASSOCIATES INC.
1170 E. JACKSON ST.
MEDFORD OR 97501
Account No. 260.08.12.00.704200
Date November 21, 2005
Requested Delivery Date ASAP
Deliver To Pieter Smeenk
Via Paula Brown
(. Note: Please allow approximately two(2) weeks for delivery on items not
generally caried in stored, and approximately two (2) months on printing je,bs.)
Item No. Quantity
Unit
Description
PO No.
Engineering Services for the Water Street
Bridge Replacement Project
Inspection Services $
20,000.00
TOTAL $
20,000.00 $
Job No.
Unit No.
I hereby certify that the above items are necesSlll)' for the operation
O"M:f;::t ~~
artmcnt Head or Authorized Person
Issued By
Date
Received By
N'T~
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CITY C>>F
ASHLA~ND
NOTICE OF TRANSMITTAL
TO:
JOE STRAHL
MIKE FRANELL
GINO GRIMALDI
DATE:
PROJECT:
JOB NO.:
SUBJECT:
DECEMBER 13, 2005
WATER STREET BRIDGE
01-12
CONSTRUCTION ENGINEERlNG
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
The attached two original contracts are with Marquess & Associates for construction inspection
services on the Water Street Bridge Reconstruction project. Marquess & Associates assumed the
duties of engineering the project after the dismissal of OTAK Inc. The original assumed contract
did not include costs for inspection services. The advertised request for proposals did. name
inspection services as a second tier option for the engineer.
Please sign the attached contracts and return them to my attention at your earliest opportunity.
ENCLOSED
UNDER SEPARATE COVER
REMARKS:
COPIES TO:
Department of Public Works
By: Dawn Lamb
Title: Administrative Assistant
PUBLIC WORKS
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
C:\DOCUME-1\olsonk\LOCALS-1 \T emp\01-12 Marquess Insp ContracllH NOT 12 OS.doc
Tel: 541-488.5587
Fax: 541-488-6006
TTY: 800-735-2900
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