HomeMy WebLinkAbout2006-162 Contract - Brown & Caldwell
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: BROWN & CALDWELL
City Hall Address: 9620 BARBUR BOULEVARD STE 200
20 E. Main St. PORTLAND OR 97219
Ashland, Oregon 97520
(541) 488-6002 Telephone: 503/244-7005
FAX: (541) 488-5311 FAX: 503/244-9095
Date of this agreement: August 15, ~ B: RFP date: April 7, 2006
2006 Proposal date: May 18, 2006
~2.2. Contracting officer: Paula C. Brown, PE
~2.4. Project: WTP Process Improvements
~6. Consultant's representative: Robert Willis, PE
~8.3. Maximum contract amount: NTE $25,000.00
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 petiorm 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.
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.
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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. Authoritv of contractinq 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. Consultinq 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. Assiqnment 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 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.
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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 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 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 $15,964.00 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 without prior written authorization of Consultant.
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
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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 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, 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.
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17. Assiqnment:
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 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 the parties.
CONSULTANT
By: -,u d-~ w~..
Signature
CITY OF ASHLAND
By:
.tf11J{ ~ r/l/~'
Lee Tuneberg
Administrative Services/ Finance Director
Robert F. Willis
Printed Name
Its:
FedlD# 94-1446346
REVIEW~AS T~ F~RM:
By: ~~- I
Legal Department Date: .t1~ (c>~
REVIEWED AS TO CONTENT:
By ~
Dwa ment Head Date: Z.~HV(rl"
Coding:
(For City use only)
:?-c C'?I'~&
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ACc,nD... CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY)
03/26/2007 09/13/2006
PRODUCER Lockton Companies THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W. 47th Street, Suite 900 HOLDER. THIS, CERTIFICATE DOES NOT AMEN~~~lfTEND OR
Kansas City Mo 64112-1906 '~-'nw
(816) 960-9000 INSURERS AFFORDING COVERAGE
INSURED BROWN AND CALDWELL AND ITS WHOLLY INSURER A: ZURICH AMERICAN INS CO
1051211 OWNED SUBSIDIARIES AND AFFILIATES INSURER B: GREENWICH INS CO (XL-P A)
201 NORTH CIVIC DRIVE INSURER C :
WALNUT CREEK CA 94596 INSURER D :
INSURER E :
COVERAGES PA THIS CERTIFI..ATE OF INSURANGE D~~JF CONSTITUTE A CONTRACT BETWEEN THE I~~~~
THE POLICIES OF INSURANCE LISTED BELOW HAVE 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 MAY BE 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS.
If'I~~ TYPE OF INSURANCE POUCY EFFECTIVE POUCY EXPIRATION
POUCY NUMBER LIMITS
~ERAL UABIUTY EACH OCCURRENCE . 1 000 000
A X COMMERCIAL GENERAL LIABILITY GLO 9379493 03/26/2006 03/26/2007 FIRE DAMAGE (AnY one fire' . 1000.000
I-- ~' CLAIMS MADE W OCCUR MED EXP (AnY one oersonl . 10.000
PERSONAL & ADV INJURY . 1 000 000
X CONTR'L UABILITY GENERAL AGGREGATE . 2 000 000
n'LAGGRE~ ~~g APFii PER: PRODUCTS - COMPIOP AGG . 2 000 000
I POLICY X JECT X LOC
rWOMOBILE UABIUTY COMBINED SINGLE LIMIT . 1,000,000
A ~ ANY AUTO HAP 9379489 03/26/2006 03/26/2007 (Ea accident)
I-- ALL OWNED AUTOS BODILY INJURY XXXXXXX
.
SCHEDULED AUTOS (Per person)
I--
~ HIRED AUTOS BODILY INJURY XXXXXXX
.
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE . XXXXXXX
(Per accident)
~RAGE UABIUTY AUTO ONLY - EA ACCIDENT . XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EAACC . XXXXXXX
AUTO ONLY: AGG . XXXXXXX
EXCESS UABIUTY EACH OCCURRENCE . XXXXXXX
:J- OCCUR 0 CLAIMS MADE NOT APPLICABLE AGGREGATE . XXXXXXX
. XXXXXXX
=J D UIIBRELLA
DEDUCTIBLE FORM * XXXXXXX
RETENTION . . XXXXXXX
A WORKERS COMPENSATION AND WC 9379.494 03/26/2006 03/2612007 X IwC STATU- . I 12~-
EMPLOYERS' UABIUTY E.L EACH ACCIDENT . 1000.000
E.L. DISEASE - EA EMPLOYEF . 1 000 000
E.L DISEASE - POLICY LIMIT . 1 000 000
B OTHER PECOOOOOO504 05/3112006 05/3112007 $1.000,000 PER CLAIMI $1.000,000
PROFESSIONAL UABILITY AGGREGAlE
DESCRIPTION OF OPERATIONSJLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPEctAL PROVISIONS
RE: WTP PROCESS IMPROVEMENTS
CERTlFlCATE HOLDER I I ADDlTI""'A' IN,u'R"D'INSURER LETTER: CANCELLATlON
2660217 SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION
ASH..Q8 DATE THEREOF, THE ISSUING INSURER WILL iND&A.''QR 1'0 MAIL ~ DAYS WRITTEN
CITY OF ASHLAND, CITY HALL
ATTN. DAWN LAMB NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT F\lI.lJRi TQ DO 80 aHAl.l
20 EAST MAIN ST. IMPQai NQ OBUGJl..llON OR UJ\II1LJn' OF "''IV KINO llPQN THE 'NallRiA. Ila ACEtmI OR
ASHLAND OR 07520 RiPRE8ENnm'ES.
AUTHORIZED REPRESENTATIVE "cI' _;/I II L~........ _
I
2 '/97 For -*>no owpntlnglhlo_._lhe "'__Inlhe 'P_ _ _ one! opocllylhec__ '8ROCAlIl'. - o~CORD CORPORATlON 1988
ACORD s-s (1
CITY RECORDER'S COpy
,~,
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
VENDOR: 008217
BROWN & CALDWELL
PO BOX 45208
SAN FRANCISCO, CA 94145-0208
FOB Point:
Tenns: Net
Req. Del. Date: 5/18/2006
Speclallnst:
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
Req. No.:
Depl: PUBLIC WORKS
Contact: Paula Brown
Confinning? No
F.tJffit.p1:ic~
') .Ohi~ ' " ~sc+1i tldh.
BLANKET PURCHASE ORDER
EnQineerinQ recommendations for process
improvements at the Water Treatment
Plant to achieve hiQher functions.
RFP
Date of aQreement: AUQust 15, 2006
BeQinninQ date: May 18, 2006
Completion date: January 1, 2008
~~/~'
Au rlzed Signature
,..A.~Couh(Nlimber,~
:-jP.:6N'Ofv'lBEB'
07128
SUBTOTAL
TAX
FREIGHT
TOTAL
Page 1 /1
25.000.00
25 0.00
0.00
0.00
25,000.00
'~.{ef9ji~,Nymoe.t'
VENDOR COPY
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REQUISITION
No. PW - FY 2007
Department Public Works Date September 12,2006
Vendor BROWN & CALDWELL Requested Delivery Date ASAP
6500 SW MACADAM A YEN STE 200 Deliver To Dawn Lamb
PO OR 97239 ~... ~ Via Paula Brown
670.08.19.00.7Q2406 ''7 p r 7g"OO/o (0 N...: Pl.... aUowapproximatelytwo(2) _ fordelMryon i1ems not
670.08.37.00)04200 ' 20010 generally caried in SlOred, and approximately two (2) months on printingjobs.)
Item No. Quantity
Unit Description
. ~ K Fr~../J{tA.-??tP (fi:u~~1f~ c2d'k...e
Engineering recommendations for process
improvements at the Water Treatment Plant
to achieve higher functions.
Use of Purchasin Office 0nI
Unit Price Total Price PO No.
S 25,000.00
TOTAL
$
25,000.00
Job No.
Unit No.
I hereby certilY that 1he abow i1ems are nec:essazy for "'" opemion
of this department and are budgeted
p~
/ Department Hcad or Authorized Person
Issued By
Date
Received By
~~,
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