Loading...
Res 1527 - Nicoli Eng WWTP Dsgn COUNCIL BILL NO. 1949 RESOLUTION NO. 1527 A RESOLUTION ENTERING INTO AN AGREEMENT WITH NICOLI ENGINEERING AND CONSTRUCTION SERVICES, INC. FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES FOR WASTEWATER TREATMENT PLANT BUILDING DESIGN AND CONSTRUCTION ENGINEERING AND AUTHORIZING THE MAYOR TO SIGN SUCH AGREEMENT. WHEREAS, the City of Woodburn has completed and adopted a Wastewater Treatment Facilities Plan, and WHEREAS, professional engineering services are required to complete design and construction of a maintenance building and for modification of the existing laboratory and control facility required by the facilities plan, and WHEREAS, the city has determined that Nicoli Engineering and Construction Services, Inc. is qualified to provide the required professional engineering services and an agreement has been developed to provide the required design and construction engineering services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement, which is affixed as Attachment" A" and by this reference incorporated herein, with Nicoli Engineering and Construction Services, Inc. for professional engineering consulting services to provide wastewater treatment plant building design and construction engineering for the City of Woodburn. Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the 0 of the Recorder ATTEST: Cl-<..- Mary nnant City Recorder City of Woodburn, Oregon Section 2. That the Mayor of the City of Woodburn be authorized to sign said agreement on behalf ofthe City. E Approved as to formrpn- ~ -Z I g I '11 City Attorney ~ Approved: ~........Q Richard Jennings, or I February 22. 1999 February 23, 1999 February 23, 1999 February 23, 1999 Page 1 - COUNCIL BILL NO. 1949 RESOLUTION NO. 1527 ~ ".>'T" "'T ATTACHMENT A Page -'-- of 7 AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND NICOLI ENGINEERING & CONSTRUCTION SERVICES, INC. TIllS AGREEMENT is made and entered into between City of Woodburn, hereinafter referred to as "City," and Nicoli Engineering & Construction Services, Inc., an Oregon corporation, hereinafter referred to as "Consultant. I' RECITALS WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; WHEREAS, City desires to retain Consultant to perform the engineering work in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, City and Consultant agree as follows: 1. Description of Project. City and Consultant agree that Consultant shall perform the project as described in Exhibit A, entitled "Description of Project. " If, during the course of project, City and Consultant agree to changes in the project, such changes shall be incorporated in this Agreement by written amendment. 2. Consideration. In consideration of performance of all services and as payment for all expenses incurred by Consultant, except as specifically agreed in writing to be separately reimbursable and before being incurred, City agrees to pay Consultant for services as follows: Principal Engineer Engineering Technician Project Coordinator Drafting Technician Office Manager $100.00 per hour $65.00 per hour $45.00 per hour $35.00 per hour $35.00 per hour City agrees that reasonable out-of-pocket expenses related to the project (i.e., newspaper publication permit fees, etc) shall be either paid directly by City, or paid by Consultant and submitted by Consultant to City for reimbursement without any markup. 3. Site Inspection Services. Consultant shall notify City of all equipment and services necessary for Consultant to perform on site inspection services. City, at its discretion, may choose to provide any of these services or provide equipment at its option. City, Page 1 - Agreement for Consulting Services .. ..'T" ATTACH M ENT-1-- page...d-- of may choose to provide any of these services or provide equipment at its option. City, at its discretion, may either choose to contract separately for equipment and services or authorize Consultant to contract for these services and equipment. 4. Payment. Payment for labor or services shall be on the basis of actual hours worked and materials at the rates shown above. Periodic payments (monthly) will be made for labor and services provided during the preceding month. At least twenty days prior to due date of payment, Consultant shall prepare and submit to City a statement of services rendered, together with a request for payment. 5. Termination City and Consultant reserve the right to terminate this Agreement at any time. Upon receipt of notice of termination, Consultant shall immediately cease work and submit a final statement of services for all services performed and expenses incurred since the date of the last submittal ofa statement of services. In the event of termination, City's payment obligation to Consultant shall be limited to the reasonable Consultant services to City performed as of the notice of termination. 6. Ownership of Work Product. All work product accomplished when Consultant's right to periodic payment accrues, whether in the form of designs, drawings, diagrams specifications, reports, etc., shall become the exclusive property of City upon City's payment to Consultant. Consultant understands and agrees that the work to be performed for City under this contract shall be considered "work for hire" and City shall be deemed the exclusive owner of all rights to copyright the work once performed no mater when it comes into City's physical possession. 7. Independent Contractor Status. Consultant understands and agrees that for all purposes related to this Agreement, Consultant is deemed to be an independent contractor while performing labor or services for remuneration. "Independent Contractor" means that: a) Consultant is free from direction and control over the means and manner of providing labor or services. b) Consultant is responsible for obtaining all assumed business registrations or professional occupational licenses. c) Consultant furnishes the tools or equipment necessary to perform the labor or servIces. d) Consultant has the authority to hire and fire employees to perform the labor or services. e) Consultant performed labor or services as an independent contractor in the previous year, federal and state income tax returns in the name of the business, a business schedule C or farm schedule F, were filed for the previous year. t) Consultant represents to the public that the labor or services are to be provided by an "independently established" business. Page 2 - Agreement for Consulting Services ,."', H.<T.' "I 11" ,~ ATTACHMENT ~~ Page~ of .- 8. Assilnment. Consultant shall not assign, transfer or subcontract any part of the work to any person other than an employee of Consultant without prior written consent of City except that money due to Consultant may be assigned, if City is given written notice thereof, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of City. 9. No Third PartY Beneficiaries. Consultant hereby represents that no employee of City, or any partnership or corporation in which a City employee has an interest, will or has received any remuneration of any description from Consultant, either directly or indirectly, in connection with the letting or performance of this contract, except as specifically declared in writing. 10. Worker's Compensation Compliance. Consultant, its subcontractors, ifany, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all their subject workers. Consultant and its subcontractors, if any, shall show proof of such coverage in a form satisfactory to City prior to commencing any of the work to be done under this contract. Consultant, if declaring himself exempt from any requirement to provide workers compensation coverage for the labor to be performed under this contract, understands and agrees that under ORS 656.006 (13), an "employer" is any person who contracts to pay a remuneration for an secures the right to direct and control the services of any person. Consultant understands and agrees that if he is exempt from coverage under ORS 656.027 and engages individuals who are not exempt under same in performance of the contract then Consultant shall provide workers compensation insurance coverage for all such individuals. If Consultant does not provide that insurance it may be deemed a non-complying employer for purposes of Oregon law and agrees to hold City harmless from and indemnifY it against any and all claims for compensation benefits made against Consultant as a non-complying employer. 11. Indemnification. Consultant shall save City harmless and indemnifY and defend City, its officials, agents and employees against any and all claims, damages, losses and expenses including attorney's fees arising out of or resulting from Consultant's negligent performance resulting from Consultant's failure to perform the work to be done under this Agreement in a good and workmanlike manner as measured by the standards prevailing in Consultant's profession or its failure to maintain the liability insurance required herein in full force and effect for the duration of the work. Where liability for such claims, damages, losses and expenses arises out of or results from City's and Consultant's joint actions or omission, Consultant's indemnity obligation under this section shall be limited to the extent to which Consultant caused or contributed to the act giving rise to the claim or loss. Page 3 - Agreement for Consulting Services "' . "+T. T . ATTACHMENT A Psge...t..... of 7 12. Insurance. Consultant shall maintain during the period of this Agreement Commercial General Liability insurance on an occurrence basis from a carrier with Best's Rating of A or better, including contractual liability in the amount ofSl Million in the aggregate. Consultant agrees that the insurance coverage required herein shall be kept in full force and effect for the duration of Consultant's work under this Agreement and agrees to give City not less than 30 days notice of any termination or non-renewal of those coverages. 13. Compliance with State and Federal Laws/Rules. Consultant shall comply with all applicable federal, state and local laws, rules and regulations. 14. Hours of Labor. Consultant agrees that no person shall be employed for more than 10 hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases, except in cases of contracts for personal services as defined in ORS 279.051, the employee shall be paid at least time and a half pay: (A) For all overtime in excess of eight hours a day or 40 hours in anyone week when the work week is five consecutive days, Monday through Friday; or (B) For all overtime in excess of 10 hours a day or 40 hours in anyone week when the work week is four consecutive days, Monday through Friday; and (C) For all work performed on Saturday and on any legal holiday specified in ORS 279.334. Consultant agrees that all persons employed under this Agreement shall receive at least time and a half pay for work performed on the legal holidays specified in a collective bargaining Agreement or in ORS 279.334 (1)(a)(C)(ii) to (vii) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater. (Required by ORS ORS 279.316) 15. Payment of Laborers and Materialmen. Contributions to Industrial Accident Fund. Liens and Withholdine Taxes. Consultant shall: (1) Make payment promptly, as due, to all persons supplying labor or material for the prosecution of the work under this Agreement. (2) Pay all contributions or amounts due the Industrial Accident Fund from such Consultant or subcontractor incurred in the performance of this Agreement. Page 4 - Agreement for Consulting Services . .~'T" ....,. 'II" ATTACHMENT-d- Page -S... of t. r (3) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation or subdivision thereof, on account of any labor or material furnished. (4) Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. (Required by ORS 279.312) 16. Payment for Medical Care. Consultant shall promptly, as due, make payment to any person, copartnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such Consultant, of all sums which Consultant agrees to pay for such services and all moneys and sums which the Consultant collected or deducted from the wages of employees pursuant to any law, contract or Agreement for the purpose of providing or paying for such service. (Required by ORS 279.320) 17. Payment of Claims by Public Officen. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant by any person in connection with this Agreement as such claim becomes due, City may pay such claim to the person furnishing the labor or services and charge the amount of the payment against funds due or to become due to Consultant. 18. Recycled Paper Required. To the maximum extent economically feasible, Consultant shall use recycled paper in performing under this Agreement. (This provision is required by ORS 279.555.) 19. Final AareementlBindine Effect. This document contains all of the terms and conditions of the parties' Agreement. Any waiver or modification of the terms of this Agreement must be in writing. This Agreement shall be construed so that the plural shall include the singular and the singular shall include the plural. This Agreement shall be binding upon the parties, their successors and assigns. The prevailing party in any lawsuit arising out of the Agreement shall be entitled to attorney fees, costs and disbursements. 20. Interpretation of Aareement. This Agreement shall be interpreted in accordance with Oregon law. All provisions of this Agreement have been negotiated at ann's length. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. Page 5 - Agreement for Consulting Services ~ .,or ATTAC~ENT~ Page of -::r:::::::::. 21. Severability/Survival. Ifany of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions concerning the limitation of liability or indemnity shall survive the termination of this Agreement for any cause. 22. Notices. All notices required under this Agreement shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Mr. James Nicoli Nicoli Engineering & Construction, Inc. P.O. Box 23784 Tigard, Oregon 97223 FAX No. (503) 684-3636 Mr. Frank Tiwari Public Works Director City of Woodburn 270 Montgomery St. Woodburn, Oregon 97071 FAX No. (503) 982-5244 Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or FAX number shall be effective. 23. Attorney Fees. In the event either party commences a lawsuit or arbitration against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or arbitration. 2S Authorization. The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. NICOLI ENGINEERING & CONSTRUCTION SERVICES, INC. CITY OF WOODBURN By: James Nicoli By: Richard Jennings, Mayor Date: Date: Attest: Mary Tennant, City Recorder Date: Page 6 - Agreement for Consulting Services ~ "-y--'. " EXHIBIT A ATTACHMENT~ Page -:::l- of 7 DESCRIPTION OF PROJECT PHASE 1 - $8,883.00 Maintenance Shop Foundation and Underqround Utilities . Design/Dra'Nings Preparation $4,774.00 . Preparation of Bid Documents/Prebid Activities $1,932.40 . Contract Administration/Field Inspections $2,176.60 PHASE 2 - $12,831.00 Maintenance Shop BuildinQ Shell . Design/Drawings Preparation . Preparation of Bid Documents/Prebid Activities . Contract Administration/Field Inspections $8,340.15 $1,924.65 $2,566.20 PHASE 3 . $6,909.00 Maintenance Shop Office . Design/Drawings Preparation . Preparation of Bid Documents/Prebid Activities . Contract Administration/Field Inspections $4,490.85 $1,036.35 $1,381.80 PHASE 4 - $21,714.00 Control Buildinq West End Remodel and Seismic UpQrade . Design/Dra'Nings Preparation $14,114.10 . Preparation of Bid Documents/Prebid Activities $3,257.10 . Contract Administration/Field Inspections $4,342.80 PHASE 5 - $48,363.00 Control Buildina East End Laboratory/Office Addition and Remodel . Design/Drawings Preparation $31,435.95 . Preparation of Bid Documents/Prebid Activities $7,254.45 . Contract Administration/Field Inspections $9,672.60 .. .PT"