HomeMy WebLinkAboutStormwater Swale Jewett ElementaryHARDEY ENGINEERING & Assoc. INC.
PROPOSAL FOR PROFESSIONAL SERVICES
CONTRACT FOR SERVICES
March 07, 2014
Stephanie Holley, CFM
Citv of Central Point
140 South 3`d Street
Central Point, Oregon 97502
elnn U 6 [U14
2870 NANSEN DR.
PO BOX 1525
MEDFORD, OR 97501
541 .772.6880
HEA-INC.COM
Rc: RFP - Professional Civil Engineering,
Surveying and Landscape design services for the Jewett Elementary storm water swale.
Dear Stephanie,
Thank you for the opportunity to present this proposal for civil engineering, surveying and landscape design
services on the above referenced project.
1. Topographic Survey Services
Cost $2,750
2. Civil Design Coordinate with City and School district, Prepare grading plan, check storm flows
for design of storm water swale.
Cost $3,000
3. Landscape Design (SEE ATTATCHED) Cost $2,100
Total Fee $7,750
Our scope of work and fee docs not include design of any off-site facilities, traffic impact studies, environmental
studies, geotechnical studies, filing fees, plan review, fees, application fees, other affected agency fees, staking, or
other work not specified above.
The above mentioned work will be performed on a not to exceed basis in accordance with the Fee Schedule "A"
and Standard Contract Provisions attached, which are incorporated in this Contract For Services. Any changes to
the scope of work will be renegotiated. If this proposal meets with your approval, please have an authorized
representative or owner, sign, date and return one copy to this office, along with a $0 retainer. By signing. both
Hardev Engineering K Associates and the owner will be bound to the other party to this agreement and to the
partners, successors, executors, administrators and legal representatives of such other part, in respect of all
covenants, agreements and obligations of this agreement. We will proceed with work upon receipt of the signed
Contract For Services and retainer. The estimated fees are subject to receiving written acceptance within 30 daps
and completion of the project within one year.
Thank you for the opportunity to submit this Proposal For Services. We are looking forward to the opportunity to
serve you on this project. If you have any questions, please do not hesitate to call.
MEDFORD I BEAVERTON I HOUSTON
TRADITIONAL PRINCIPLES - MODERN APPROACH
ENGINEER
HARDEY ENGINEERING & ASSOCIATES INC.
By: 1_
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Attachments: Standard Fee Schedule "A" & Standard Contract Provisions
HEA IPAGE 2 OF 2
galbralth ATIS
March 5, 2014
Hardey Engineering & Associates
Medford, Oregon 97501
Project: Jewett Elementary School Swale
PROPOSAL FOR ADDITIONAL LANDSCAPE ARCHITECTURAL SERVICES
We are pleased to present the following proposal for Landscape Architectural Services on the proposed
Jewett Elementary School Stormwater Swale. Based on discussions with Hardey Engineering and
information provided by the City of Central Point, our fee for providing additional services is outlined below:
SWALE VEGETATION PLAN
(to be based on civil engineer's design of the Swale and the desired aesthetic from the City of Central Point)
SERVICES INCLUDE:
• Visit site and meet with Jewett Elementary's principal
• Provide Irrigation and Planting plans
• Provide Irrigation and Planting installation details and sheet specifications
Fee for the services outlined above: $2,100 (Two'niousand One Hundred Dollars)
This proposal does not include additional City, State, or Federal Meetings, State or Federal Documents,
Services for work outside of the proposed swale, or any services not indicated.
If this proposal is acceptable to you, please sign below and return a signed copy to our office.
Submitted by Galbraith & Associates, Inc.
by as President
John Galbraith, Landscape Architect, Oregon 9254; California #2980
Accepted by
The design services must commence within 60 days of the date of this proposal for the fee to be honored. Site observation services must occur
within I year of this proposal for the fee to be honored. Unless other arrangements have been made, payment is due within 15 days of date of
billing Interest is charged on past due balances at the annual rate of 18%,
318 South Gthpc Sr. AI rford. ()R 97501 'I'd 54[�770.7964 1=as 341.7705164 ei.n] om
Landscape .Arc hit, ct', License )It -234, CA -2980 I General Contractor's License #104274
HARDEY ENGINEERING & ASSOCIATES, INC.
STANDARD FEE SCHEDULE "A"
& STANDARD CONTRACT PROVISIONS
I. STANDARD FEE SCHEDULE
The compensation of Hardey Engineering & Associates, Inc. for work done on the basis of salary cost times a
factor, plus incurred expenses (which may be referred to as "time and materials" or "standard billing") will be
the sum of all of the items set forth below:
A. PERSONNEL SERVICES
1. An amount equal to Hardey Engineering & Associates, Inc.'s direct labor cost
times a factor of 3.1 for all services performed by principal and employees
engaged directly on the project.
2. Overtime premium (overtime hours worked times the difference between
overtime and straight -time pay rates) if the Client's requirements make overtime
work necessary.
B. TRAVEL AND TRANSPORTATION EXPENSES
1. Reimbursement for actual travel and subsistence expenses paid to or on behalf of
employees on business connected with the project, plus a service charge of 10%.
$0.565 per mile for use of vehicles.
Eight dollars ($8.00) per hour for use of survey trucks, $25.00 per hour for GPS equipment,
$50.00 per hour for RTK equipment, and $35.00 per hour for survey robotics.
C. OUTSIDE SERVICES
Invoice cost of services and expenses charged to Hardey Engineering &
Associates, Inc. by outside consultants, professionals, or technical firms engaged
in connection with the order, plus 15% overhead costs.
D. MISCELLANEOUS EXPENSES
The invoice cost of materials, supplies, reproduction work, and other services,
including communication expenses, procured by Hardey Engineering &
Associates, Inc. from outside sources, plus a service charge of 10%. All out-of-
pocket expenses not included in Items A, B, and C, will be included in this
category.
11. STANDARD CONTRACT PROVISIONS
5.1. Reuse of Documents.
All documents including Drawings and Specifications prepared or furnished by ENGINEER (and ENGINEER's
independent professional associates and consultants) pursuant to this Agreement are instruments of service in
respect of the Project and ENGINEER shall retain an ownership and property interest therein whether or not the
Project is completed. OWNER may make and retain copies for information and reference in connection with the
use and occupancy of the Project by OWNER and others; however, such documents are not intended or
represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project.
Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at
(Continued next page)
STANDARD FEE SCHEDULE "A"
& STANDARD CONTRACT PROVISIONS
OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent
professional associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and
ENGINEER's independent professional associates and consultants from all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting there from. Any such verification or adaptation will
entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER.
5.2. Opinions of Cost.
Since ENGINEER has no control over the cost of labor, materials, equipment or services fumished by others, or
over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions,
ENGINEER's opinions of probable Total Project Costs and Construction Cost provided for herein are to be
made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgment as
an experienced and qualified professional engineer, familiar with the construction industry; but ENGINEER
cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary
from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER
wishes greater assurance as to Total Project or Construction Costs, OWNER shall employ an independent cost
estimator. ENGINEER's services to modify the Contract Documents to bring the Construction Cost within any
limitation established by OWNER will be considered Additional Services and paid for such by OWNER.
5.3. Other Provisions Concerning Payments.
If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after
receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1.5%
per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for
services, expenses and charges.
5.4. Termination.
The obligation to provide further services under this Agreement may be terminated by either party upon seven
days' written notice in the event of substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all
services rendered to the date of termination, all Reimbursable Expenses and termination expenses.
5.5. Controlling Law.
This Agreement is to be governed by the law of the principal place of business of ENGINEER
5.6. Successors and Assigns.
5.6.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 5.6.2. the
assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners,
successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect
of all covenants, agreements and obligations of this Agreement.
(Continued next page)
STANDARD FEE SCHEDULE "A"
& STANDARD CONTRACT PROVISIONS
5.6.2. Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in
(including, but without limitation, moneys that may become due or moneys that are due) this Agreement
without the written consent of the other, except to the extent that any assignment, subletting or transfer is
mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent ENGINEER
from employing such independent professional associates and consultants as ENGINEER may deem
appropriate to assist in the performance of services hereunder.
5.6.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to
anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any
other party.
5.7 Mediation.
5.7.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject
to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either
parry, except as established in Section 5.7.4. If such matter relates to or is the subject of a lien arising out of the
ENGINEER's services, the ENGINEER may proceed in accordance with applicable law to comply with the lien
notice or filing deadlines prior to resolution of the matter by mediation or by arbitration.
5.7.2. The OWNER and ENGINEER shall endeavor to resolve claims, disputes and other matters in question
between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for
mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration
Association. The request may be made concurrently with the filing of a demand for arbitration but, in such
event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, except as established
in Section 5.7.4., which shall be stayed pending mediation for a period of 60 days from the date of filing, unless
stayed for a longer period by agreement of the parties or court order.
5.7.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements reached in
mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
5.7.4. Section 5.7 shall not preclude or limit ENGINEER's right to file an action for collection of fees if the
amount in dispute is within the jurisdiction of the small claims court.
5.8 Arbitration
5.8.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject
to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with
Paragraph 5.7 except as established in Section 5.7.4.
5.8.2. Claims, disputes and other matters in question between the parties that are not resolved by mediation shall
be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The
demand for arbitration shall be filed in writing with the other party to this Agreement and with the American
Arbitration Association.
(Continued next page)
STANDARD FEE SCHEDULE "A"
& STANDARD CONTRACT PROVISIONS
5.8.3. A demand for arbitration shall be made within a reasonable time after the claim; dispute or other matter in
question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim, dispute or other matter in question would be barred by the
applicable statute of limitations.
5.8.4. No arbitration arising out of or relating to this Agreement shall include, by consolidation orjoinder or in
any other manner, an additional person or entity not a party to this Agreement, except by written consent
containing a specific reference to this Agreement and signed by the OWNER, ENGINEER, and any other
person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not
constitute consent to arbitration of any claim, dispute or other matter in question not described in the written
consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and
other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement
shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof.
5.8.5. The award rendered by the arbitrator or arbitrators shall be final.
5.8.6. Section 5.8 shall not preclude or limit ENGINEER's right to file an action for collection of fees if the
amount in dispute is within the jurisdiction of the small claims court.
6.0. Limitation of Liability
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the
total liability, in the aggregate, of ENGINEER and ENGINEER's officers, directors, partners, employees,
agents and ENGINEER's Consultants, and any of them, to OWNER and anyone claiming by, through or
under OWNER, for any and all claims losses, costs or damages whatsoever arising out of, resulting from
or in any way related to the Project or the Agreement from any cause or causes, including but not limited
to the negligence, professional errors or omissions, strict liability or breach of contract or warranty
express or implied of ENGINEER or ENGINEER's officers, directors, partners, employees, agents or
ENGINEER's Consultants or any of them, shall not exceed the total compensation received by
ENGINEER under this Agreement.
7.0. Litigation Costs
In the event of any litigation arising from or related to the services provided under this agreement, the
prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs,
attorney's fees and other related expenses.
WAFORMS\Standard Contract Provisions
revised 08.13.13