Res 1427 - Agrmt Murray,Smith&A
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COUNCil Bill NO. 1814
RESOLUTION NO. 1427
A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
MURRAY, SMITH AND ASSOCIATES, INC.
WHEREAS, The City of Woodburn needs plans, specifications, and engineering
estimates for painting of the city's 750,000 gallon elevated reservoir, and
WHEREAS, The city will need assistance during bidding, award and construction,
and
WHEREAS, Murray Smith & Associates, Inc. has been identified as a consultant
capable of providing the services necessary to the city; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOllOWS:
Section 1. That the City of Woodburn enter into an agreement with Murray Smith
& Associates, Inc. to provide professional services as a consultant in preparation of plans
and specifications and for construction engineering assistance for the painting of the city's
750,000 gallon elevated water storage reservoir which is attached as attachment "A" and
by this reference incorporated herein.
Section 2. That the Mayor is authorized to sign said agreement on behalf of the City
of Woodburn. ^ D ~
Approved as to form: cy)~ ~ j- /0 - 9 J-
city Attorney Date
APPROV~:~.() ~
~ancy A. Kirksey, ayor
July 14, 1997
Passed by the Council
Submitted to the Mayor
July 16, 1997
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: {l~~
City of Woodburn, Oregon
JuJ'Y 16, 1997
July 16, 1997
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COUNCIL BILL NO. 1814
RESOLUTION NO. 1427
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MSA
Murra~ sllliih &ASsOC\ate;,lnc,
En~neer&'Planners
121 S.\\'. Salmon, Suite 1020 Portland, Oregon 97204 PHONE 503-225-9010
FAX 503-225-9022
94-0296.202
July 8, 1997
Mr. Randall Rohman
Public Works Program Manager
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Re: City of Woodburn - Agreement for Engineering Services for Exterior Maintenance
Painting of750,000 Gallon Elevated Reservoir
Dear Randy:
As requested, please find the attached proposed agreement for engineering services for the
exterior maintenance painting of the City's 750,000 gallon elevated reservoir.
We have developed the attached scope for the additional work. Plans, specifications and
estimates will be developed under Task I. The scope of work also includes Task 2 - Bidding
and Award and Task 3 - Services During Construction.
With your timely authorization, we anticipate having final contract documents and estimates
completed and ready for bidding by July 31, 1997. Allowing approximately two months for
bidding, award and completion of construction, the estimated 'project completion date is
September 30, 1997.
We will accomplish the work authorized on a time and expenses basis in accordance with the
attached Scope of Work, Schedule of Charges and Standard Provisions of Agreement. A
breakdown by work task of our fees is also included.
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Mr. Randall Rohman
July 8, 1997
Page 2
We appreciate this opportunity and look forward to again working with you and your staff.
If you have any questions, please do not hesitate to call. Thank you!
Sincerely,
MURRAY, SMITH & ASSOCIATES, INe.
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Enclosures
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July 16. 1997
Date:
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SCOPE OF WORK
CITY OF WOODBURN
0.75 MG RESERVOIR EXTERIOR PAINTING
Task 1 - Plans, Specification and Estimates
1.1 Modify previously prepared plans and specifications for the interior repair,
maintenance, and painting work on the 750,000 gallon reservoir. Modify for the
exterior painting work. The plans will consist primarily of a site plan and as-
constructed drawings available from the City. The work to be designed and specified
for the reservoir will consist of complete reservoir exterior surface preparation and
painting.
1.2 Prepare a construction cost estimate for the work designed under this task.
1.3 Submit a draft contract document package suitable for bidding to the City for review
and revise as requested.
1.4 Print and bind up to 20 copies ofthe contract documents and deliver to City.
Task 2 - Bidding and Award
2.1 Assist the City as requested. Respond to bidder inquiries during the bid period.
Review pre-bid Contractor qualification submittals. Prepare addenda if necessary.
Review bid results and make a contract award recommendation.
Task 3 - Services During Construction
Under this task, limited scope services will be performed during construction. It is assumed
that City staff will perform the contract administration work and MSA will provide support
to City staff as requested. The scope of these services is proposed to be as follows:
6/97
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3.1 Attend preconstruction conference.
3.2 Review and approve submittals required ofthe contractor.
3.3 Perform periodic site visits to inspect the work. It is anticipated that up to 60 labor
hours will be provided for this inspection work. Prepare inspection reports
documenting visits and observations. Submit to City.
3.4 Advise staff on amount of progress payments to be made to contractor.
3.5 Conduct final inspection of the work and make recommendation to the City for final
payment.
FEE SUMMARY
Task
Description
Fee
Total
$ 3,000.00
$ 1,000.00
$ 5.500.00
$ 9,500.00
1
2
3
Plans, Specifications & Estimates
Bidding and Award
Services During Construction
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SCHEDULE OF CHARGES
Personnel:
Senior Principal
Principal
Associate
Senior Engineer
Engineer V
Engineer IV
Engineer III
Engineer II
Engineer I
Senior Technician
Technician
Administrator
Clerical
$110.00
100.00
95.00
90.00
80.00
75.00
70.00
66.00
58.00
65.00
52.00
48.00
38.00
Project Expenses:
Expenses incurred in-house which are directly attributable to the project will be invoiced at
actual cost. These expenses include the following:
Computer Aided Design and Drafting System
Mileage
Long Distance Telephone
Lodging and Subsistence
Postage
Printing and Reproduction
$10.00/hr
0.35/mile
At Cost
At Cost
At Cost
At Cost
Outside Services:
Outside technical, professional and other services will be invoiced at actual cost plus 10
percent to cover administration and overhead.
Rev. 1/97
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MURRAY, SMITH & ASSOCIATES, INC.
STANDARD PROVISIONS OF AGREEMENT
FOR
ENGINEERING SERVICES
The Owner (same as "Client") and the Engineer agree that the following
provisions shall be a part of their agreement:
1. Assignment of Contract - Neither the Owner nor the Engineer shall assign
its interest in this Agreement without the written consent of the other.
2. lriformatiDn Provided by Owner - In order to facilitate the work to be
performed by the Engineer, the Owner shall furnish to the Engineer all
information available to the Owner having a bearing on the work. It may
be necessary during the work of the Engineer to locate and expose
underground utilities and/or structures. The Owner shall cause such
excavation and incidental work connected therewith to be done at no cost
to the Engineer. The Owner shall provide the Engineer all labor ,
equipment and materials to assist in accomplishing system operations if
so required.
3. Owner to Provide Legal Access - The Owner shall provide to the Engineer
or the Engineer's representatives legal access to the properties which are
necessary in performance of the work. Owner shall provide access for
the Engineer to these properties for the making of measurements and
obtaining details for work to be performed by the Engineer.
4. Opinion of Constro.ctiDn Costs - Any opinion of the construction cost
prepared by the Engineer represents judgment as a design professional
and is supplied for the general guidance of the Owner. Since the
Engineer has no control over the cost of labor and materials, or over the
competitive bidding or market conditions, the Engineer does not
guarantee the accuracy of such opinions as compared to contractor bids
or actual cost to the Owner.
5. Payments - Monthly invoices will be issued by the Engineer for all work
performed under this Agreement. Invoices are due and payable on
receipt. Interest at the rate of 1-1/2% per month will be charged on all
past-due amounts starting 30 days after date of invoice. Payments will
first be credited to interest and then to principal.
6. Miscellaneous Project Related Fees - The Owner shall pay the costs of
checking and inspection fees, zoning and annexation application fees,
assessment fees, soils engineering fees, soils testing fees, aerial
topography fees, and all other fees, permits, bond premiums, title
company charges, blueprints and reproductions, and all other charges
not specifically covered by the terms 'of this Agreement.
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3/93(d) Standard Provisions of Agreement
for Engineering Services
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7. Standard of Practice - In the performance of professional services, the
Engineer will use that degree of care and skill ordinarily exercised under
similar circumstances by reputable members of the engineering
profession practicing in the same or similar locations and no other
warranties, expressed or implied, are made or intended in any of the
Engineer's proposals, contracts, or reports.
8. Hazardous Materials - Hazardous materials may exist at a site where
there is no reason to believe they could or should be present. The Owner
and the Engineer agree that the discovery of unanticipated hazardous
materials constitutes a changed condition mandating a renegotiation of
the scope of work or termination of services. The Owner agrees to
compensate the Engineer for the additional cost of working t6 protect
employees' and the public's health and safety as might be associated
with such hazardous conditions. In addition, the Owner waives any
claim against the Engineer, and agrees to defend, indemnify and save the
Engineer harmless from any claim or liability for injury or loss arising
from the Engineer's discovery of unanticipated hazardous materials or
suspected hazardous materials. The Owner also agrees to compensate
the Engineer for any time spent and expenses incurred by the Engineer
in defense of any such claim.
9. Changes to Plans and Specifications by Others - In the event that any
changes are made in plans and specifications by the Owner or persons
other than the Engineer which affects the Engineer's work, any and all
liability arising out of such changes is waived as against the Engineer,
and the Owner assumes full responsibility for such changes unless the
Owner has given the Engineer prior notice and has received from the
Engineer written consent for such changes.
10. Delays - All agreements on the Engineer's part are contingent upon, and
the Engineer shall not be responsible for damages or be in default or be
deemed to be in default by reason of delays in performance by reason of
strikes, lockouts, accidents, acts of God and other delays unavoidable or
beyond the Engineer's reasonable control, or due to shortages or
unavailability of labor at established area wage rate or delays caused by
failure of the Owner or Owner's agents to furnish information or to
approve or disapprove the Engineer's work promptly, or due to late, slow,
or faulty performance by the Owner, other contractors or governmental
agencies, the performance of whose work is precedent to or concurrent
with the performance of the Engineer's work. In the case of the
happening of any such cause of delay, the time of completion shall be
extended accordingly.
11. Unauthorized Reuse of Documents - All reports, plans, specifications, field
data, field notes, laboratory test data, calculations, estimates and other
documents prepared by the Engineer as instruments of service shall
remain the property of the Engineer. Reuse of any drawings,
specifications and other work product of the Engineer by the Owner on
extensions of this project or any other project without written permission
of the Engineer shall be at the Owner's risk and the Owner agrees to
defend, indemnify and hold harmless the Engineer from all claims,
damages and expenses arising out of such unauthorized reuse by the
Owner or by other's acting through the Owner.
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3/93 (d) Standard Provisions of Agreement
for Engineering Services
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12. Termination of Agreement - The Owner may terminate this Agreement by
giving the Engineer written notice of the abandonment or indefinite
postponement of the project. If any portion of the authorized work
covered by this Agreement and begun by the Engineer shall be
abandoned, unreasonably delayed or indefinitely postponed, the
Engineer may terminate this Agreement. Whether or not terminated, the
Owner shall pay the Engineer for the services rendered in connection
therewith prior to written notice of such abandonment, delay, or
postponement, payment to be based insofar as possible on the amounts
specifically established in this Agreement, or, where the Agreement
cannot be applied, on the basis of the Engineer's current hourly billing
rates plus expenses. ..
13. Limitation of LiabUity - The Owner and the Engineer have discussed the
risks, rewards and benefits of the project and the estimated fees for
services. The risks have been allocated such that the Owner agrees that
to the fullest extent permitted by law, the Engineer's total liability to
Owner for any and all injuries, claims, losses, expenses, damages or
claims expenses arising out of this Agreement from any cause or causes,
shall not exceed the total amount of $50,000.00 or the amount of the
project engineering fee, whichever is greater. Such causes include but
are not limited to the Engineer's negligence, errors, omissions, strict
liability, breach of contract or breach of warranty.
14. Contractor's ResponsibUityfor Project and Safety - The Owner agrees that
in accordance with generally accepted construction practices, the
construction contractor will be required to assume sole and complete
responsibility for projects, including safety of all persons and property
and that this requirement shall be made to apply continuously and not
be limited to normal working hours.
15. Insurance Provided by Construction Contractor - Construction
specifications prepared by the Engineer may include standard provisions
for insurance coverages to be provided to the Owner by the construction
contractor. Since the Engineer is not qualified to advise on insurance
matters, the Owner agrees to review those provisions prior to the bidding
process with its insurance advisor and to notify the Engineer of changes
to be made, if any, to these provisions.
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3/93(dJ Standard Provisions of Agreement
for Engineering Services
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16. Services During Construction - If so agreed, the Engineer will provide
general observation of the contractor's work on behalf of the Owner to the
extent agreed by periodic visits to the site of the project to observe the
progress and quality of the work and to determine, in general, if the work
is proceeding in accordance with the intent of the contract documents.
On the basis of these visits, the Engineer will keep the Owner informed of
the progress of the work, will endeavor to guard the Owner against
defects and deficiencies in the work of the contractor(s) and may advise
the Owner to reject work or materials that fail to conform to contract
requirements. Visits to the construction site and observations made by
the Engineer shall not relieve the contractor of its obligation to conduct
comprehensive inspections of the work sufficient to insure conformance
with the intent of the contract documents, and shall not relieve the
construction contractor of its full responsibility for all construction
means, methods, techniques, sequences and procedures necessary for
coordinating and completing all portions of the work under the
construction contract and for all safety precautions incidental thereto.
17. Construction Observation - If so agreed, the Engineer will furnish the
services of an on-site construction representative(s) to provide
observation of the work of the contractor during the period of
construction. The construction representative will make out periodic
reports of construction progress and will prepare monthly estimates as
the basis for payments to contractor as construction proceeds. The
construction representative will endeavor to guard the Owner against
defects and deficiencies in the work of the contractor and help determine
if the provisions of the contract documents are being fulfilled. On-site
construction observation will not, however, cause the Engtneer to be
responsible for those duties and responsibilities which belong to the
contractor and which include, but are not limited to, full responsibility
for the techniques and sequences of construction and the safety
precautions incidental thereto, and for performing the construction work
in accordance with the contract documents. The Engineer will report to
the Owner observed deviations from the requirements of the contract
documents. The Engineer will facilitate a final inspection of the
constructed project and will make recommendation to the Owner
regarding substantial completion and final project acceptance.
18. Shop Drawing Review - If so agreed, the Engineer will peIform shop
drawing and submittal review. The Client and the Engineer agree that
effective review of shop drawings is important, and the Client encourages
the Engineer to develop a procedure that is properly funded to promote
effective implementation. The Client agrees that the Engineer shall
review shop drawing submissions solely for their conformance with the
Engineer's design intent and conformance with the requirements of the
construction documents. The Engineer shall not be responsible for any
aspects of a shop drawing submission that affect or are affected by the
means, methods, techniques, sequences and operations of construction,
safety precautions and programs incidental thereto, all of which are the
contractor's responsibility. The Client warrants that the contractor shall
be made aware of his or her responsibilities to review shop drawings in
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for Engineering Services
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these respects before submitting them to the Engineer, and that the
contractor will further be advised of the need to adhere to the shop
drawing submission schedule furnished to it by the Engineer, the need to
call any variations to the Engineer's attention, and such other
requirements and responsibilities as may be identified in construction
documents prepared by the Engineer.
19. Record Drawings - If so agreed and upon substantial completion of the
work, the Engineer shall provide the Owner a set of record drawings
based on information provided by the contractor which illustrate the
reported location of work and reported materials and equipment
installed. In that record drawings are based on information provided by
others, the Engineer cannot and does not warrant their accuracy.
20. Americans With Disabilities Act - With specific respect to design
requirements of the Americans With Disabilities Act of 1990 (ADA), and
its amendments, or with state or local accessibility regulations, the Client
agrees to waive any action against the Engineer and to indemnify and
defend the Engineer against any claim arising from Engineer's alleged
failure to meet ADA design requirements prescribed. The Client
understands that interpretations of ADA are legal issues and not design
issues and, accordingly, retention of legal counsel by the Client for
purposes of interposition is advisable.
21. Dispute Resolution - All claims, disputes or controversies arising out of,
or in relation to the interpretation, application or enforcement of this
Agreement shall be decided through mediation as adopted and described
by the American Arbitration Association. The parties further agree that
the Owner will require, as a condition for participation in the project and
their agreement to perform labor or services, that all contractors,
subcontractors, and material persons and their insurers and sureties
shall agree to this procedure.
22. Services Exclusivelyfor Owner - Services provided within this Agreement
are for the exclusive use of the Owner.
23. Severability - The Client and the Engineer have entered into this
Agreement of their own free will to communicate to one another mutual
understandings and responsibilities. Any element of this Agreement later
held to violate a law or regulation shall be deemed void, and all
remaining provisions shall continue in force. However, the Client and
the Engineer will in good faith attempt to replace an invalid or
unenforceable provision with one that is valid and enforceable, and
which comes as close as possible to expressing or achieving the intent of
the original provision. In the event that an invalidated provision would
otherwise have required the Client to compensate the Engineer, as to
honor an indemnification or for any other reason, the amount of money
in question shall automatically be considered an additional fee due to the
Engineer, irrespective of the invalidity of the provision in question.
50f6
3/93(d) Standard Provisions of Agreement
for Engineering Services
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24. Survival- All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating responsibility
or liability between the Client and the Engineer shall survive the
completion of the services hereunder and the termination of this
Agreement.
25. Extent of Agreement - There are no understandings or agreements except
as herein expressly stated.
60f6
3/93(d) Standard Provisions of Agreement
for Engineering Services
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