HomeMy WebLinkAbout2006-039 Contract - Osmose Utilities
ENGINEERING 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: OSMOSE UTILITIES SERVICE INC.
City Hall Address: 16421 N. TATUM BLVD. STE 207
20 E. Main St. PHOENIX AZ. 85032
Ashland, Oregon 97520
(541) 488-6002 Telephone: 6021569-5632
FAX: (541)488-5311 FAX: 6021569-5633
Date of this agreement: 11 B: RFP date: OCTOBER 12, 2005
DECEMBER 15, 2005 Proposal date: DECEMBER 2, 2005
112.2. Contracting officer: SCOTT JOHNSON, ELECTRIC DEPARTMENT SUPERINTENDENT
112.4. Project: IN SERVICE WOOD POLE INSPECTION & REMEDIAL TREATMENT SPECFICIA TIONS
116. Consultanfs representative: GARY HERGE, DISTRICT MANAGER
118.3. Maximum contract amount: NTE $30,000 annually; 5% annual increase will be added to items listed on
Price Schedule 1 dated 11/30/05; Additional cost items identified in Price Schedule 2 wiH be confirmed by
Electric Department Superintendent or his designee prior to work performance.
B. On the date noted above, City issued a request for proposals (RFP) for consutting services needed by City
for the project described above. Consuttant submitted a proposal in response to the RFP on the date noted
above.
C. After reviewing Consultanfs 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. Relationshio between City and Consultant:
Consuttant accepts the relationship of trust and confidence established between Consuttant 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 consultanfs 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 consuttation and advice during the
term of this contract. Consultant acknowledges that City is relying on consuttant to provide professional
consutting services in a manner that is consistent with the interests of City.
2. Definitions:
Generally words, terms and phrases used in this contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates otherwise. As used in this contract:
2.1. 'City" means the City of Ashland, Oregon.
2.2. 'Contracting officer" means the person specified in Recital A above or that person's designee.
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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 A ~./
completion of all services ,required by this co~tract unless sooQE!r terminated as provided in this contract. C:l(J l\ ·
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4. Authoritv 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 Consultanfs 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 consuRants 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. ConsuRant 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 ConsuRanfs profession. Consultant shall be responsible for the professional quality,
technical accuracy and the coordination of all services performed by ConsuRant. 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 Consultanfs
services. In the event of any breach of this contract by ConsuRant 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 ConsuRant
beyond the maximum time limitation provided by Oregon law.
6. Assianment of ConsuRant'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 ConsuRant'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
Consultanfs employees to perform services if the requests are consistent with sound business and professional
practices.
7. Resoonsibilities of City:
7.1. City will cooperate fully with ConsuRant 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 ConsuRant for performance of the services.
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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, Consu~ant, public agencies, and others
inwlved in the project.
8.Pavment:
8.1. City shall pay Consu~ant for services and reimburse Consu~nt 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 inwice.
8.3. Total payments under this contract or any amendments shall not exceed the sum specified in
Recital A above.
9. Comoliance 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 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, Consu~nt shall certify to City that Consu~ant has workers' compensation
coverage required by ORS Chapter 656. If Consu~nt is a carrier insured employer, Consu~nt shall provide
City with a certificate of insurance. If Consu~nt is a self-insured employer, Consu~nt shall provide City with a
certification from the Oregon Department of Insurance and Finance as evidence of Consu~anfs 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 predominanUy in areas where it will
be seen by all employees.
10. Ownershio of Documents:
All documents prepared by Consu~nt 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 Consu~nt, its consu~ants, agents and employees against all damages, claims, expenses and losses
arising out of any reuse of plans, specifications and other documents prepared by Consu~nt without prior
written authorization of Consu~nt.
11. Records:
11.1. Consu~ant shall develop and maintain complete books of account and other records on the
services which are adequate for evaluating Consu~nfs performance. Consu~nt 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 Consu~anfs other business.
11.2. Consu~nt's books and records shall be made available for inspection by City at reasonable
times, to verify Consultanfs compliance with this contract. City shall have the right to request an audit of
Consu~nt's books and records by a certified public accountant retained by City.
12. Indemnification:
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.
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 resu~ing 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 Consu~anfs employees, agents, and others designated by Consu~ant to perform
work or services attendant to this contract). Consu~ant 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. Consu~nt 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 owne~s and contracto~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 defau~ 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 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, Consu~nt 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, Consu~nt shall be paid for all fees eamed
and costs incurred prior to the termination date. Consu~ant shall not be entitled to compensation for lost profits.
16. Notices:
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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 Consultanfs 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 Consultanfs 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 sign
CONSULTANT
By: J~ #' ~<r~ } By:
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James H. r-tGiffert
Printed Name
Its: Sales Vice President
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CITY RECORDER'S COpy
Page 1 11
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CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300 .
4/10/2006
I I
06728
VENDOR: 006890
OSMOSE UTILITIES SERVICES INC
16421 N TATUM BLVD STE 207
PHOENIX, AZ 85032
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Tenns: Net
Req. Del. Date: 3/1/2006
Speclallnst:
Req. No.:
Depl: ELECTRIC
Contact: Dick Wanderscheid
Conflnnlng? No
BLANKET PURCHASE ORDER
Wood pole inspection for in-service
poles throuQhout Ashland as reQuired by
statute. This is a five year contract,
which includes 5% annual increases.
Additional services are to be approved
by Electric Superintendent prior to the
work beinQ done.
30,000.00
BID
Contract start date: March 1, 2006
Completion date: March 1 , 2011
(5) Year Contract
Note: Annual POs will be processed.
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
0.00
0.00
30,000.00
VENDOR COPY
C '. ''1TD
6SH;LAi
o
REQUISITION
PW - FY 2006
Depamnent Electric Department
Vendor OSMOSE UTILITIES INC.
16421 N. TATUM BLVD. STE207
PHOENIX AZ 85032
Account No. 690.11.18.00.704100
(0 Note: Please allow approximately two(2) weeks for cIeIivery on items not
generally caried in stored, and approximately two (2) months on printingjobs.)
Item No. Quantity
Unit
Description
Use of Purchasin Office Only
Unit Price: Total Price PO No.
Wood pole inspection for in-service poles
throughout Ashland as required by statute.
This is a five year contract with a 5% increases
annually. Additional items are to be approved by
Electric Superintendent prior to work..
TOTAL
$30,000
Job No.
(5 ). '-~ ........
Unit No.
.--.........---........... ~
of this deportmont and ore budgeted
~_._-
Issued By
Date
Received By
r.,