Res 1231 - Agmt D Carey Aquatic
COUNCIL BILL NO. 1539
RESOLUTION NO 1231
A RESOLUTION AUTHORIZING A PERSONAL SERVICES AGREEMENT WITH DON
CAREY AND ASSOCIATES FOR DESIGN AND CONSTRUCTION OF AN AQUATIC
CENTER.
WHEREAS, Don Carey and Associates have submitted a proposal for personal
services to assist in the studies relative to the planning, designing, and preparation of
plans, specifications, cost estimates and other necessary services for the
construction of an aquatic center, and
WHEREAS, Don Carey and Associates previously contracted with the city and
performed architecutal and engineering design work for a pool renovation project, and
WHEREAS, City desires to retain the personal services of Don Carey and
Associates for the design and construction of a Woodburn aquatic center, NOW,
THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor and City Administrator are authorized to execute a
personal services agreement with Don Carey, dba Don Carey and Associates, a copy
of which is attached heret~ and, by ~h~~ incorporated.s;r ~nb
Approved as to form~~ ~ CJ'f-
City Attorney D te
APPROVED: ~7 ~a_,
Len Kelle~,/~
Passed by the Council
May 9, 1994
Submitted to the Mayor
May 10, 1994
Approved by the Mayor
May 10, 1994
Filed in the Office of the Recorder
May 10, 1994
ATTEST:
IJl. ~
Ma~nnant, City Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO. 1539
RESOLUTION NO. 1231
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PERSONAL SERVXCES AGREEMENT
Design and Construction of Woodburn Aquatic Center
THIS AGREEMENT is made and entered into as of the date first
indicated on the signature page, by and between the City of
Woodburn, Oregon, (hereinafter referred to as the "city"), and
Don Carey, dba "Don carey and Associates", Bellevue, Washington,
(hereinafter referred to as "Consultant").
~ WHEREAS, City has previously contracted with Consultant to
perform architectural and engineering design work for a swimming
pool renovation, and
WHEREAS, the Woodburn voters have recently approved the
issuance of general obligation bonds for the construction of an
Aquatic Center, and
WHEREAS, City contemplates the construction of said Aquatic
Center (the "Project") and
WHEREAS, City desires to retain the personal services of
Consultant to assist in the studies relative to the project, the
planning and designing of it and the preparation of plans,
specifications, cost estimates and other necessary services for
the construction of the Project, and
WHEREAS, City requires these personal services which the
Consultant is capable of providing, under terms and conditions
hereinafter described; and
WHEREAS, Consultant represents that he is qualified on the
basis of specialized experience and technical competence and
prepared to provide such services as City does hereinafter
require;
NOW, THEREFORE, in consideration of those mutual promises
and the terms and conditions set forth hereafter, the parties
agree as follows:
A. Term
The term of this Agreement shall be from the date of
execution by both parties until tasks required hereunder are
complete and accepted, unless earlier terminated in
accordance herewith.
B. Consultant's Responsibilities
B.l The scope of Consultant's services and time of
performance under this Agreement are set forth in
Exhibit A. All provisions and covenants contained in
Exhibit A and all existing preliminary plans and
specifications for construction of the Woodburn Aquatic
Center are hereby incorporated by reference and shall
become a part of this Agreement as if fully set forth herein.
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B.2 All written documents, drawings, and plans submitted by
Consultant and intended to be relied upon for the
project shall bear the signature, stamp or initials of
Consultant or Consultant's Architect. Any documents
submitted by Consultant which do not bear Consultant's
signature, stamp or initials or those of the
Consultant's authorized Architect shall not be relied
upon by city. Interpretation of plans and answers to
questions covering Plans given by Consultant or
. Consultant's Architect need not be put in writing and
may be relied upon by City and others.
B.3 All agreements on Consultant's part are contingent
upon, and Consultant shall not be responsible for
damages or be in default or be deemed to be in default
by reason of delays in performance due to strikes,
lockouts, accidents, acts of God and other delays
unavoidable or beyond Consultant's reasonable control.
B.4 Consultant shall maintain confidentiality of any
private confidential information and any public
information which is exempt from disclosure under state
or federal law to which the Consultant may have access
by reason of this Agreement. Consultant warrants that
its employees assigned to work on services provided in
this Agreement shall maintain confidentiality. All
agreements with respect to confidentiality shall
survive the termination or expiration of this
Agreement.
C. City's Responsibilities
C.l The scope of City'S responsibilities are set forth in
Exhibit B, which is attached hereto and incorporated
herein.
C.2 City certifies that sufficient funds are available and
authorized for expenditure to finance costs of this
Agreement.
D. Compensation
D.l Except as otherwise provided in this paragraph D, City
shall pay Consultant a sum not to exceed $186,000 for
performance of those services provided hereunder.
However, compensation may be less than such maximum
amount and shall actually be determined on an hourly
. basis as shown on the Estimated Design Team Hour
Schedule attached as Exhibit C. Compensation shall be
only for actual hours worked on the project, at the
rates specified on Exhibit C, and related direct
expenses. It is estimated that City shall pay to
Consultant $56,900 for the Design Development Phase,
$81,100 for the Construction Documents Phase, and
$48,000 for the Construction Phase. In no instance
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shall the total compensation paid by City to Consultant
exceed $186,000 without the prior written approval of
the Woodburn City Council. Consultant shall furnish
with each bill for services an itemized statement
showing the amount of services devoted to the project
by Consultant as well as any agents or employees of
Consultant and any direct expenses.
D.2 During the course of Consultant's performance, if City
specifically requests Consultant to provide additional
services which are beyond the scope of the services
described on Exhibit A, Consultant shall provide such
additional services and bill the City either at
Consultant's actual costs or at the hourly rates
outlined on the attached Standard Hourly Rate Schedule.
No compensation for additional services shall be paid
or owing unless both parties specifically agree to such
additional compensation and services.
0.3 Except for amounts withheld by city pursuant to this
agreement, Consultant shall be paid for services for
which an itemized bill is received by City within 30
days provided Consultant shall submit an itemized bill
for approval as to the amount of work performed and
compensation earned.
D.4 City shall be responsible for payment of required fees,
payable to governmental agencies including, but not
limited to plan checking, land use, zoning and all
other similar fees resulting from the Project, and not
specifically covered by Exhibit A.
E. City'S Projeot Manager
City'S Project Manager
Recreation and Parks.
written notice of any
F. Projeot Xnformation
City shall provide full information regarding its
requirements for the Project. Consultant agrees to share
all project information, to fully cooperate with all
corporations, firms, contractors, public utilities,
governmental entities, and persons involved in or associated
with the Project. No information, news or press releases
related to the Project, whether made to representatives of
newspaper, magazines or television and radio stations, shall
be made without the authorization of City's Project Manager.
is Nevin Holly, Director of
city shall give Consultant
redesignation of its Project
prompt
Manager.
G. Duty to Xnform
If at any time during the performance of this Agreement, or
any future phase of this Agreement for which Consultant has
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been retained, Consultant becomes aware of actual or
potential problems, faults or defects in the Project or any
portion thereof, any nonconformance with the federal, state
or local law, rule, or regulation, or has any objection to
any decision or order made by City with respect to such
laws, rules or regulations, Consultant shall give prompt
written notice thereof to City's Project Manager. Any delay
or failure on the part of City to provide a written response
to Consultant shall neither constitute agreement with nor
. acquiescence to Consultant's statement or claim, nor
constitute a waiver of any of City's rights.
H. Consultant is Xndependent Contractor
H.! Consultant shall be and herein declares that it is an
independent contractor for all purposes and shall be
entitled to no compensation other than compensation
provided for under paragraph D of this Agreement.
Consultant binds itself, its partners, officers,
successors, assigns and legal representatives to the
City.
H.2 Consultant shall be completely independent and solely
determine the manner and means of accomplishing the end
result of this Agreement, and City does not have the
right to control or interfere with the manner or method
of accomplishing said results. City, however, has the
right to specify and control the results of the
Consultant's responsibilities.
X. Subcontracting
r.l Unless expressly authorized by this Agreement,
Consultant shall neither subcontract with others for
any of the work prescribed herein, nor assign any of
Consultant's rights acquired hereunder without
obtaining prior written approval from city. Work may
be performed by persons other than Consultant, provided
Consultant advises City of the names of such
subcontractors and the work which they intend to
'perform and City specifically agrees thereto.
Consultant acknowledges such services are provided to
City pursuant to a sUbcontract(s) between Consultant
and subcontractor (s) . Except as otherwise provided by
this Agreement, City incurs no liability to third
persons for payment of any compensation provided
herein.
r.2 Consultant shall be responsible for and indemnify and
defend City against any liability, cost or damage
arising out of Consultant's use of such
subcontractor(s) and subcontractor's negligent acts,
omissions, activities and services. Subcontractors
shall be required to meet the same insurance
requirements of Consultant under this Agreement.
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Unless otherwise specifically agreed to by City,
Consultant shall require that subcontractors also
comply with and be subject to the provisions of this
Agreement.
Consultant shall make prompt payment of any claim for
labor, materials or services furnished to the
Consultant by any person in connection with this
Agreement as such claim becomes due. Consultant shall
not permit any lien or claim to be filed or prosecuted
against city on account of any labor or material
furnished to or on behalf of Consultant. If the
Consultant fails, neglects or refuses to make prompt
payment of any such claim, City may pay such claim to
the person furnishing the labor, materials or services
and charge the amount of the payment against funds due
or to become due Consultant under this Agreement.
I.4 No person shall be employed for more than eight. hours
in anyone day, or 40 hours in anyone week, except in
cases of absolute necessity, emergency or where the
public policy absolutely,requires it, and in such cases
except in cases of agreements for personal services as
defined in ORS 279.051, the laborer shall be paid at
least time and a half pay for all overtime in excess of
eight hours a day and for work performed on Saturday
and on any legal holiday specified in ORS 279.334.
Persons who perform work under a personal services
agreement shall be paid at least time and a half of all
overtime worked in excess of 40 hours in anyone week,
except for individuals who are excluded under ORS
653.010 to 653.261 or under 29 U.S.C. 55201 to 209 from
receiving overtime.
1.3
I.5 Should Consultant elect to utilize employees on any
aspect of this Agreement, Consultant shall be fully
responsible for payment of all withholding required by
law, including but not limited to taxes,. including
payroll, income, Social Security (FICA) and Medicaid.
Consultant shall also be fully responsible for payment
of salaries, benefits, taxes, Industrial Accident Fund
contributions and all other charges on account of any
employees. Consultant shall pay to the Department of
Revenue all sums withheld from employees pursuant to
ORS 316.167. All costs incident to the hiring of
assistants or employees shall be Consultant's
responsibility. Consultant shall indemnify, defend and
hold City harmless from claims for payment of all such
expenses. Unless specifically set forth on Exhibit A,
expenses relating to items set forth in this paragraph
shall not be the basis of additional reimbursement of
Consultant.
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I.6 No person shall be denied or subjected to
discrimination in receipt of the benefits of any
services or activities made possible by or resulting
from this Agreement on the grounds of sex, race, color,
creed, marital status, age, disability or national
origin. Any violation of this provision shall be
grounds for cancellation, termination or suspension of
the Agreement in whole or in part by city.
J. l:ndemni ty and Xnsurance
J.l Consultant acknowledges responsibility for liability
arising out of the performance of this Agreement and
shall hold City, its officers, agents, and employees
harmless from and ind,emnify the same of any and all
liability, settlements, loss, -costs and expenses in
connection with any action, suit, or claim resulting or
allegedly resulting from Consultant's negligent acts,
omissions, activities or services provided pursuant to
this Agreement or from Consultant's failure to perform
its responsibilities as set forth in this agreement.
The 'review, approval or acceptance by City, its Project
manager, city of Woodburn, or city of Woodburn
employees of documents or other work prepared or
submitted by Consultant shall not relieve Consultant of
its responsibility to provide such materials in full
conformity with City'S requirements as set forth in
this Agreement and to indemnify-City from any and all
costs and damages resulting from Consultant's failure
to adhere to the standard of performance described
herein.
J.2 Insurance Requirements and Consultant's Standard of
Care.
J.2.1 Consultant shall provide City with evidence of
the following insurance coverages prior to the
commencement of the work. A copy of each insurance
'policy, issued by a company currently licensed in the
state of Oregon, and certified as a true copy by an
authorized representative of the issuing company or at
the discretion of city, in lieu thereof, a certificate
in a form satiSfactory to City certifyinq to the
issuance of such insurance shall be furnished to City.
Unless specifically set forth on Exhibit A, expenses
. relating to the cost of insurance shall not be the
basis for additional reimbursement to Consultant.
J.2.2 Consultant agrees that in accordance with
generally accepted construction practices, the
construction contractor will be required to assume sole
and complete responsibility for job site conditions
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during the course of construction of the project,
including safety of all persons and property.
J.2.3 In the performance of its professional services,
Consultant shall use that degree of care and skill
ordinarily exercised under similar circumstances by
reputable members of its profession practicing in the
state of Oregon. Consultant will reperform any
services not meeting this standard without additional
. compensation. Consultant's reperformance of any
services, even if done at city's request, shall not be
considered as a limitation or waiver by city of any
other remedies or claims it may have arising out of
consultant's failure to perform in accordance with the
applicable standard of care or this Agreement.
J.2.4 Consultant shall furnish City a certificate
evidencing the date, amount and type of insurance that
has been procured pursuant to this Agreement. All
policies shall be written on an "occurrence basis".
All policies shall provide for not less than 30 days'
written notice to city before they may be revised, non-
renewed, canceled, or coverage reduced. Excepting
worker's compensation coverage, all policies shall
provide an endorsement naming City, its officers,
employees and agents as additional insureds. In the
event the policy lapses during performance, City may
treat said lapse as a breach, terminate this Agreement
and seek damages, or use any other remedy provided by
this Agreement or by law.
J.2.5 Insurance Requirements. Consultant, its
subcontractors, if any, and all employers working under
this Agreement are subject employers under the Oregon
Worker's Compensation Law and shall comply with ORB
656.017 which requires workers' compensation coverage
for all their subject workers. Consultant shall
maintain throughout this Agreement the following
insurance: .
J.2.5.1 Workers' compensation and employers
liability insurance as required by the state where the
work is performed.
J.2.5.2 Comprehensive automobile and vehicle
liability insurance covering claims for injuries to
members of the public and/or damages to property of
others arising from the use of motor vehicles,
including on-site and off-site operations, and owned,
non-owned, or hired vehicles, with $1,000,000 combined
single limits.
J.2.5.3 Commercial general liability insurance
covering claims for injuries to members of the public
or damage to property of others arising out of any
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covered negligent act or omission of Consultant or of
any of its employees, agents or subcontractors, with
$1,000,000 per occurrence and in the aggregate.
J.2.5.4 Except in the case of Workers'
compensation insurance, City shall be named as an
additional insured with respect to Consultant's
insurance coverages identified herein.
J.2.6 The coverage provided by these policies shall be
primary and any other. insurance carried by City is
excess. Consultant shall be responsible for any
deductible amounts payable under all policies of
insurance.
K. Early Termination
K.1 This Agreement may be terminated prior to the
expiration of the agreed upon terms:
K.1.1
By mutual written consent of the parties;
K.1.2
By City for any reason within its sole
discretion, effective upon delivery of
written notice to Consultant by mail or in
person; and
K.1.3
By Consultant, effective upon seven days
prior written notice in the event of
substantial failure by City to perform in
accordance with the terms through no fault of
Consultant.
K.2 If City terminates the Agreement in whole or in part
due to default or failure of Consultant to perform
services in accordance with this Agreement, City may
procure, upon reasonable terms and in a reasonable
manner, services similar to those so terminated. In
addition to any other remedies the City may have,
Consultant shall be liable for all costs and damages
'incurred by City in procuring such similar service, and
the Agreement shall be in full force to the extent not
terminated.
K.3 If City terminates the Agreement for its own
convenience, payment of Consultant shall be prorated to
and include the day of termination and shall be in full
. satisfaction of all claims by Consultant against city
Under this Agreement.
K.4 Termination under any provision of this paragraph shall
not affect any right, obligation or liability of
Consultant or city which accrued prior to such
termination. Consultant shall surrender to city items
of work or portions thereof for which Consultant has
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received payment, or city has made payment.
retains the right to elect whether or not to
with actual construction of the'project.
City
proceed
L. Suspension of Work
City may 'suspend, delay or interrupt all or any part of the
work for such time as City deems appropriate for its own
convenience by giving written notice thereof to Consultant.
- An adjustment in the time of performance or method of
compensation shall be allowed as a result of such delay or
suspension unless the.reason for the delay is within the
Consultant's control. City shall not be responsible for
work performed by any subcontractors after notice of
suspension is given by City to Consultant. Should City
suspend, delay or interrupt the work and the suspension is
not within Consultant's control, then City shall extend the
time of completion by the length of the delay and the method
of compensation shall be adjusted to reflect Consultant's
reasonable increase or decrease in its standard hourly
rates.
M. Assignment and Cooperation
M.1 Any attempted assignment of this contract without the
written consent of City shall be void. Except as
otherwise specifically agreed, all costs for services
performed by others on behalf of Consultant shall not
be subject to additional reimbursement by city.
M.2 city shall have the right to let other agreements be
coordinated with this Agreement. Consultant shall
cooperate with other firms, engineers or subconsultants
on the project and the city so that all portions of the
project may be completed in the least possible time
within normal working hours. Consultant shall furnish
other engineers and subconsultants and affected public
utilities, whose designs are fitted into Consultant's
design, detail drawings giving full information so that
conflicts can be avoided.
N. Access to Records
City shal1 have access upon request to such books,
documents, receipts, papers and records of Consultant as are
directly pertinent to this Agreement for the purpose of
making audit, examination, excerpts, and transcripts for a
period of four (4) years unless within that time city
specifically requests an extension. This clause shall
survive the expiration, completion or termination of this
Agreement.
o. Work is Property of City
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All work in its original form, including but not limited to
documents, drawings, tracings, surveying records, mylars,
papers, computer programs, diaries and photographs,
performed or produced by Consultant under this Agreement
shall be the exclusive property of City. and shall be
delivered to city prior to final payment. Any statutory or
common law rights to such property held by Consultant as
creator of such work shall be conveyed to city upon request
without additional compensation. upon City's approval and
- provided city is identified in connection therewith
Consultant may include Consultant's work in its promotional
materials. Drawings may bear a disclaimer releasing the
Consultant from any liability for changes made on the
original drawings and for reuse of the drawings subsequent
to the date they are turned over to City.
P. Law of oregon
The Agreement shall be governed by the laws of the state of
Oregon. The Agreement provisions required by ORB Chapter
279 to be included in public agreements are hereby
incorporated by reference and shall become a part of this
Agreement as if fully set forth herein.
Q. Adherence to Law
Consultant shall adhere to all applicable federal and state
laws, including but not limited to laws, rules, regulations,
and policies concerning employer and employee relationships,
workers' compensation, and minimum and prevailing wage
requirements. Any certificates, licenses or permits which
Consultant is required by law to obtain or maintain in order
to perform work described on Exhibit A, shall be obtained
and maintained throughout the term of this Agreement.
R. Modification
Any modification of the provisions of this Agreement shall
not be enforceable unless reduced to writing and signed by
both parties. A modification is a written document, .
contemporaneously executed by city and Consultant, which
increases or decreases the cost to City over the agreed sum
or changes or modifies the scope of service or time of
performance. No modification shall be binding unless
executed in writing by Consultant and city. In the event
that Consultant receives any communication of whatsoever
nature from City, which communication Consultant contends to
give rise to any modification of this Agreement, Consultant
shall, within ten (10) days after receipt, make a written
request for modification to City's Project Manager.
Consultant's failure to submit such written request for
modification in a timely manner may be the basis for refusal
by the City to treat said communication as a basis for
modification. In connection with any modification to the
contract affecting any change in price, Consultant shall
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submit a complete breakdown of labor, material, equipment
and other costs. If Consultant incurs additional costs or
devotes additional time on project tasks which were
reasonably expected as part of the original agreement or any
mutually approved modifications, then City shall be
responsible for payment of only those costs for which it has
agreed to pay.
s. Consultant's Warranty; No Waiver of Legal Rights
Notwithstanding any acceptance or payments, city shall not
be precluded or estopped from recovering from consultant, or
its insurer or surety, such damages as may be sustained by
reason of Consultant's failure to comply with the terms of
this Agreement. A waiver by city of any breach by
Consultant shall not be deemed to be a waiver of any
subsequent breach by Consultant.
T. Attorneys Fees
Xn the event a suit or action is instituted to enforce any
right guaranteed pursuant to this Agreement, the prevailing
party shall be entitled to, in addition to the statutory
costs and disbursements, a reasonable attorneys fee to be
fixed by the trial and appellate courts respectively.
u. Integration
This Agreement, including but not limited to Exhibits and
Consultant's proposal submitted to city contains the entire
and integrated agreement between the parties and supersedes
all prior written or oral discussions, representations or
agreements. In case of conflict among these documents the
provisions of this Agreement shall control.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed by their duly appointed officers on the date first
indicated below.
APPROVED AND ENTERED this ~ day of
1994.
May
,
CXTY ~~D~
By: C7).R/V) .'
Len Kelley, ayor
Date:~
By:
Chris Childs
City Administrator
Date: May ~ 1994
ATTEST: ~ ~
Mary nant, city Recorder
city of Woodburn
DON CAREY
BY:P _.~~/
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EXflIBIT A
SWIMMING POOL FOR THE CITY OF WOODBURN
DETAILED SCOPE OF WORK
May 5, 1994
Don Carey & Associates
Lawrence E. Matson. Architect, AlA
Design Development (work to be completed a maximum of six weeks after
execution of the Consulting Services Agreement!.
The purpose of the Design Development Stage is to fix and describe the size
and character of the Project as to architectural, structural, mechanical. elec-
trical and other systems and to provide sufficient information about the
Project to give a firm buls for developing, by the Consultant and the
Architect. a more accurate construction cost estimate than Is possible in the
Schematic Stage. Items included In the Design Development Stage are
basically lIS follows:
1. Meet with the Owner and finalize functional aspects of the Floor Plan
and the Site Plan.
2. Finalize Floor Plan dimensions and establish the structural grid.
3. Develop Internal and external building elevations.
4. Select finish materials and review with the Owner.
6. Prepare documents lIS required for the City's Site Plan Review.
6. Prepare preliminary landscaping plan.
7. Analyze geotechnical Information and establish criteria for design of
foundations and footings.
8. Establish preliminary sizes for foundations and footings.
9. Prepare Foundation Plan keyed to the structural grid. State of
completion to be approximately 30% at completion of Design
Development Stege.
10. Review Floor Plan and Site Plan for compliance with codes. ordinances
and accessibility requirements.
". Establish criteria for structural design with respect to vertical, seismic
llnd wind loads.
12. Design floor and roof framing systems and develop framing plans to
approximately 30% completion.
13. Establish heating and cooling load criteria.
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14. Estllbllsh criteria for heating, ventilating and air conditioning design,
including State of Oregon requirements for energy conservation
measures.
15. Finalize HVAC systems and develop drawings to. approximately 30%
completion.
16. Finalize swimming pool mechllnical systems Clnd develop drawings to
'. approximately 30% completion.
17. Determine lighting end power requirements and provide preliminary
design of ell electrical systems. Drawings to be developed to
approximately 30% completion.
18. Develop Outline Specifications for all Divisions, 1 through 16. listing
materials and other requirements in outline form but not in complete
detail.
19. Provide a Construction Cost Estimate In line item form using the
material and labor take-off method.
20. Any related activities incidental to completion of the tasks enumerated
above.
Con'tructlon Document' (work to be completed a maximum of six months
from date of Owner's written approval of the Design Development docu-
mentsl.
The purpose of the Construction Documents Stage Is to provide complete
Bidding Documents for the use of Construction Contractors in formulating
bids for the construction of the Project. The Construction Documents are an
extension of the Design Development Documents, and depict the Project In
Its entirety. Construction Documents consist of the following:
1. Drawings:
Title Sheet, with Vicinity Map, Location Plan and Building Data
General Information Sheet. with Abbreviations, Indicator., Legen~ and
Index
Site Plan
Grading Plan
Site Utilities Plan
Site Details
Planting Plan
Irrigation Plan
Landscape end Irrigation Details
Demolition Plan
Floor Plans
Room Finish Schedule
Door Schedule and Door Details
Building Elevations
Building Sections
Wall Sections
Detailed Floor Plans of Certain Areas
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Interior Elevations
Reflected Ceiling Plans
Miscellaneous Details
Roof Plan and Details
Swimming Pool Plan and Details
Swimming Pool Sections
Swimming Pool Piping Plan and Mechanical System Details
Structural Notes
Foundation Plan and Details
Floor Framing Plan and Details
Roof Framing plan and Details
Plumbing Plan
Plumbing Schedules and Details
HVAC Plans
HVAC Schedules and Details
Electrical Site Plan
Lighting Plans
Power Plans
Fire Alarm and Security Plans
Electrical One-Line Diagram
Electrical Schedules and Details
2. Bidding Requirements:
Legal Advertisement for Bids
Instructions to Bidders
Supplementary instructions to Bidders
Information Available to Bidders
Form of Bid Proposal
For of Bid Bond
3. Contract Forms:
Construction Contract Form
Form of Performance Bond
Form of Payment Bond for Labor and Materials
Prevailing Wage Rates
Form of Inllurance Certificates
4. Conditions of the Contract:
A.I.A. General Conditions
Supplementary Conditions
5. Technical Specifications:
Division 1 - General Requirements
Division 2 - Site Work
Division 3 . Concrete
Division 4 . Masonry
Division 5 - Metals
Division 6 - Wood and Plaatics
Division 7 . Thermal and Moisture Protection
Division 8 - Doors and Windows
-3-
~. -..--' ,.""".- -----."".- _.._--
Division 9 - Finishes
Division 10 - Specialties
Division 11 - Equipment
Division 15 - Mechanical
Division 16 - Electrical
6, Any related activities incidental to completion of the tasks enumerated
above.
Construction Phase (to begin upOn eward of a Construction Contract -
anticipated time of completion Is one year from date of Owner's Notice to
Proceed on the Construction Contract'
Consultant's. Architect's, Associate Architect's, Structural Engineer's,
Mechanical Englneer's and Electrical Engineer's site visit schedule cannot be
determined accurately In advance, since the Construction Contractor's
schedule is not yet available. Some Items of construction will require more
observation time at the site than others, as determined by professional
judgment, Principal items to be observed are lIS follows (not a complete
IIstl:
Footing excavations
Reinforcing bar placement and supports
Concrete placement
Concrete quality
Backfilling
Masonry construction
Quality of materials and workmanship
OualitY of finishes
Construction Phase services also include:
Review of shop drawings and other submittals
Review of Construction Contractor furnished operation and maintenance
manuals and transmittal of same to the Owner.
Preparing or modifying Drawings or other documents In support of
changes proposed by the Contractor.
Preparing basic record drawings from marked up prints furnished .by the
Contractor showing significant changes made during construc-
tion (see Item 8 of .ADDITlONAL SERVICES. for extent of
Consultant's responsibility with respect to this iteml.
Final Inspection
Any related activities Incidental to complellon of the tasks enumerated
above.
It Is estimated that a total of 15 hours per week will be expended by the
entire design team for Construction Phase Services.
ADDITIONAL SERVICES
The following services are not Included in the Consultant's Basic Services.
and shall be paid for by the Owner either on a negotiated lump sum basis or
in accordance with the hourly rates and expense reimbursements stipulated
in the Agreement:
.4-
,. M~king changes In Drawings, Specifications or other Documents or
providing other services when such changes or services ar" made
necessary by one or more of the following:
Modifications or adjustments to the Owner's program or project
budget.
Changes in codes or ordinances.
Failure by the Owner to render decisions In a tlmllly manner.
Value Engineering Studies.
2. Providing services in connection with replacement of work damaged
during construction by fire, earthquake, wind, accident or other causes.
3. Providing services made necessary by the default of the Construction
Contractor or by major defects or deficiencies In the work of the
Construction Contractor.
4. Providing services made necessary by the failure of either the Owner or
the Construction Contractor to perform responsibilities required of them
by the Construction Contract.
5. Providing services In connection with an arbitration proceeding or legal
proceeding to which the Consultant is not a party.
6. Providing environmental Impact statements.
7. Selllctlon of furniture.
8. Preparing record drawings. over and above those required under
Construction Phase Basic Services. from marked up prints furnished by
the Construction Contractor showing significant changes made during
construction. Any such services requiring more than ten ('0) hours in
the aggregate of principals' time (see Attachment "A" for list of
prinCipals) and forty (40) hours in the aggregate of employees' time
shall be considered as Additional Services. Principals are defined as
the AquatiC Facilities Consultant, the Project Architect. the Principal
Structural Engineer. the Principal Mechanical Engineer and the Principal
Electrical Engineer.
HAZARDOUS MATERtALS
Consultant shall have no responsibility for the discovery, presence, handling.
removal or disposal of hazardous materialS in any form at the site of the
Project including but not limited to asbestos products. PCB, radon, lead or
other toxic substanceS.
END OF DETAILED SCOPE OF WORK
-5-
-~~.~-~-"
..
,,- T-
Attachment "A"
SWIMMING POOL fOR THE CITY OF WOODBURN
PESIGN TEAM INFORMATION
Don Carey & Associates
Lawrence E. Matson, Architect, A.I.A,
rtMH
ElItM
tltOJ..E..tL~SSIGNM,ua
!:!..81,gP.1LRE.!L
!H!I
Don Carey Don Carey & Assoc. Project Manager
Lawrence E. Lawrence E. Matson. Project Architect
Matson Architect, A.I.A.
Randall S. RSS Architecture Associate Architect
Saunders
Larry Youngman Charles l. Youngman. Inc. Structural Engineer
Vahid AboS8ein AbossainEngineering Mechanical Engineer
Richard W. Engineered Electrical Electrical Engineer
Becker Systems
NA
116 I
2720
6416
13211
7964
~.
EXHJ:BXT B
city'S RESPONSXBXLJ:TXES
J:t shall be the responsibility of the city to:
A. Provide overall project direction
B. Provide timely decisions on matters pertaining to
consultant's work in order to avoid unreasonable delay in the
orderly and sequential progress of the project.
c. Provide, at city expense, the services of a geotechnical
engineer to perform test borings, test pits, soil bearing value
determinations, percolation tests, hazardous material evaluation,
ground corrosion and resistivity tests including necessary
operations for anticipating subsoil conditions, with reports and
appropriate professional recommendations.
D. Provide, at city expense, a detailed survey of the project
site. The survey shall include at.least the following:
1. Property lines with lengths and bearings.
2. street right-of-ways adjacent to property.
3 . Pavements.
4. Sidewalks.
5. Fences.
6. Topographic survey with 1-foot contour intervals. The
product of this should be a contour map of the site and
adjacent streets at a scale of 1" ~ 30'.
7. Location and size of all existing structures on the
property and on lots abutting the property.
8. Location, size and species of all trees in the project
area (approximate size of trunk, branch spread and
height).
9. Indication of other landscaping in the project area.
10. Easements, if any, on the property.
11. Location, size and depth of existing water, sanitary
sewer, storm sewer, manholes, catch basins, etc.
12. Location and characteristics of electrical power source
that will be available for service to the facility.
13. Location, type and size of other physical features in
the project area (signs, phone booths, poles,
barricades, steps, benches, dugouts, backstops,
ballfield, etc.)
E. Provide concrete testing performed by an independent
qualified testing lab responsible to city.
F. Report to Consultant in a reasonable time any defects in any
aspect of the project that come to the attention of city.
..
EXHIBIT "C"
Page 1 of 3
SWIMMING POOL FOR THE CITY OF WOODBURN
ESTIMATED DESIGN TEAM HOURS
Don Carey & Associates
(.
Lawrence E. Matson, Architect. A.I.A.
DESIGN DEVELOPMENT
CATEGORY EST. HOURS RATE AMOUNT
Aquatic Facilities Consultant 182 55.00 10,000.00
Project Architect 266 87.60 22.313.00
Associate Architect 30 71.50 2.145.00
Architecturel Drafter 200 35.00 7,000.00
Principal Structural Engineer 10 114.40 1,144.00
Project Structural Engineer 48 63.80 3,086.00
Structurel CAD Operator 80 33.00 2,640.00
Principal Mechanical EnginBBr 4 100.00 400.00
Project Mechanical EnainBBr 18 71.50 1,287.00
Mechanical CAD Operator 17.5 33.00 578.00
Prlncipel Electrical Engineer 6 99.00 594.00
Project Electrical Engineer 30 66.00 1,980.00
Electrical Designer/Drafter 10 55.00 550.00
Electrical CAD Operator 10 33.00 330.00
Clerical 66 33.00 2,178.00
TOTAL DESIGN DEVELOPMENT 56,907.00
ROUNDED TO:
li6,900.00
or...... ,
""" ..,.-~.
~
EXHIBIT "C"
Page 2 of 3
SWIMMING POOL FOR THE CITY OF WOODBURN
ESTIMATED DESIGN TEAM HOURS
Don Carey & Associates
Lawrence E. Matson, Architect, A.I.A.
(.
CONSTRUCTION DOCUMENTS
CATEGORY EST. HOURS RATE AMOUNT
Aquatic Facilities Consultant 91 55.00 5,000.00
Projact Architect 133 87.50 11.638.00
Anociate Architect 40' 71.50 2,860.00
Architectural CAD Operator 300 33.00 9,900.00
Staff Architect 320 44.50 14,240.00
Architectuul Drafter 300 35.00 10.500.00
Principal Structural Engineer 8 114.40 915.00
Associate Structural Engineer 8 75.90 607.00
Project Structural Engineer 36 63.80 2.297.00
Structuul Engineer 27 44.00 1.188.00
Structural Technician 26 44.00 1,144.00
Junior Structural Technician . 20 35.20 704.00
Structural CAD Op6rator 40 33.00 1.320.00
Principal Mechanical Engineer 10 100.00 1,000.00
Project Mechanical Engineer 40 71.50 2.860.00
Mechenical Designer 41 49.50 2,030.00
Mechanical CAD Operator 40 33.00 1,320.00
Mechanical Drafter 30 33.00 990.00
Principal Electrical Engineer 10 99.00 990.00
Proiect Electrical Engineer 40 66.00 2,640.00
Electrh:al Designer/Drafter 18 55.00 990.00
Electrical CAD Operator 40 33.00 1,320.00
Clerical 140 33.00 4,620.00
TOTAL CONSTR. DOCUMENTS 81.073.00
ROUNDED TO:
81,100.00
.-
.....~'~
EXHIBIT "C"
Page 3 of 3
SWIMMING POOL fOR THE CITY Of WOODBURN
ESTIMATED DESIGN TEAM HOURS
Don Carey & Associates
lewrence E. Matson. Architect. A.I.A.
~.
CONSTRUCTION PHASE
CAtEGORY EST. HOURS RATE AMOUNT
Aquatic Facilities Consultant 64 55.00 3,500.00
Project Architect 150 87.50 13.125.00
Auociate Architect 200 71.50 14.300.00
Staff Architect 40 44,50 1,780.00
Principal structural Enaineer 8 1 14.40 915.00
Project Structural Engineer 60 63.80 3,628.00
Structural Engineer 10 44.00 . 440.00
Structural Technician 40 44.00 1,760.00
Principal Mechanical Engineer 4 100.00 400.00
proiect Mechanical Engineer 9 71.50 644.00
Principal Electrical Engineer 4 99.00 396.00
Project Electrical Engineer 57 66.00 3,762.00
Electrical Designer/Drafter 20 55.00 1.100.00
Clerical 64 33.00 2,112.00
TOTAL CONSTRUCTION PHAU 48.062.00
ROUNDED TO:
48,000.00
"'
INTERGOVERNMENTAL AGREEMENT
REC'D
MAR 1 1 1994
\\wuWnN
POLICE DEI'T.
Department Intergovernmental Agreement # DE942002422
OooT Agreement # 12,501
1bis Agreement is made and entered into by and between the State of Oregon acting by and
through the Oregon Department of Transportation, Transportation Safety Section, hereafter
called Department, and Woodburn Police Department by Pattolman Craig Cunningham
hereafter called Agency.
I. RECITALS
A. PURPOSE
The principal purpose of this agreement is to provide training on safety belt,
child safety seat and motorcycle helmet enforcement to selected law enforcement
officers participating in TSD grant-funded overtime enforcement.
B. AUIHORITY
1. By the authority granted in ORS 802.300-340, the Department may enter
into contracts and agreements for the performance of functions and activities
to promote highway safety.
2. By the authority granted in ORS Ch. 190, the Department can enter into
intergovernmental agreements.
C. BENEFITS
Law Enforcement officers will provide safety belt, child safety seat and
motorcycle helmet enforcement training to officers throughout the State of
Oregon, with an overall goal of increasing safety belt, child safety seat and
motorcycle helmet use, and decreasing death and injury from motor vehicle
crashes.#
D. EFFECTIVEDATEANDDlJRATION
This Agreement shall become effective on February 1, 1994 (or on the date
when both parties have signed this Agreement, whichever date is later). This
Agreement shall expire, unless otherwise terminated or extended, on September
30, 1994.
II. PROJECT MANAGEMENT PLAN
A. DEPARTMENTOBLlGATIONS
Department agrees to pay Agency not to exceed the sum of $475.00 upon
completion of work as described under ILB. A~ency Obli e:ations.
_ _._..".M',"__"'.' ~__,~__.~".,,'___+
.,''\
Department Intergovernmental Agreement # DE942002422
OOOT Agreement # 12,501
'1/17/94
Page 2
Department shall pay monthly billings received by Agency within 30 days if
received by Department on or before the 10th of the month following the billing
period.
B. AGENCY OBLlGA nONS
The following assignments will be performed during effective contract dates.
The agency agrees:
1. Officer will train at least two classes in 'TID Safety Belt Enforcement," as
directed by Department
2. Classes will be conducted throughout the State. Locations selected will be
approved by the Department
3. Agency will submit to the Department a monthly listing of classes taUght,
date, location. and number of students trained. (See Attachment A.)
4. Reimbursement Agreement
Agency shall submit monthly billings to the Department not latei' than the
10th of the month following the billing period. These billings must reflect
actual costs and work accomplished during the billing period. The billing
shall be submitted on the appropriate TSD reporting form (Attachment A),
indicate billing period., overtime hours/rate of pay, aPProved travel expenses
(if any) and be signed by the contracting official.
5. Allowable charges to contract funds include:
a. Overtime pay for conducting at least two training classes between
February 1. 1994 and June 1. 1994.
b. Travel costs associated with conducting raining classes. (According to
Executive Department Administrative Rilles on Travel and
Transportation. The maximum reimbursement for automobiles will be
$0.22 per miles. The maximum reimbursement for per diem will be
$57.00 per day.)
The Department will not be able to honor Claims for Reimbursement
received after November 5, 1994. This deadline is crucial as the National
Highway Traffic Safety Administration now requires all paperwork for the
entire Department program be completed by December 31.
,. ~
"-"<~-,..._.------.~~.. ,,_"-'~-"-
eo.'.
",
Department Intergovernmental Agreement # DE942002422
OOOT Agreement # 12,501
'1/17/94
Page 3
The Department, the Secretary of State's Office of the State of Oregon, the
Federal Government, and their duly authorized representatives shall have access
to the books, documents, papers, and records of the Agency which are directly
pertinent to this specific agreement for the purpose of making audit,
examination, excerpts, and tranScripts for a period of three (3) years after final
payment Copies of applicable records shall be made available upon request
Payment for cost of copies is reimbursable by Department
c. KEY OFFICIALS
1. Woodburn Police ~artrnent
Ageocy
Chief Ken Wril!ht
Authorizing OffICial
270 Montgomery Street
Woodburn, OR 97071
Instructor: Patrolman Crail! Cunninl!ham
2. Transportation Safety Section
400 State Library Building
Salem, Oregon 97310
Telephone Number 378-3669 or 1-800-922-2022
CONTACT: Geri Parker
III. GENERAL PROVISIONS
A. TERMINATION
This agreement can be terminated at any time with two (2) weeks written notice
by either party in writing.
B. STATE WORKERS' COMPENSATION ACT
The Agency, its subcontractors, if any, and all employers working under this
Agreement 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.
_.."-_._"'~~..-.~--~~--,-,+--~-------
-- '''_...'..--..
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Department Intergovernmental Agreement # DE942002422
OOOT Agreement # 12,501
'1/17/94
Page 4
c. INDEMNITY
Subject to the limitations of the Oregon Constitution and statutes, Agency and
Department each shall be solely responsible for any loss or injury caused to
thin:! parties arising from Agency's or Department's own acts or omissions
under this agreement and Agency or Department shall defend, hold harmless
and indemnify the other party to this agreement with respect to any claims,
litigation or liability arising from Agency's or Department's own acts or
omissions under this agreement
D. FEDERAL REGULATIONS
It is understood and agreed that the activity covered in this Agreement is
undertaken under the authority of Section 402, Title 23, United StateS Code,
and is subject to the administrative regu1ations established by Federal guidelines
including Circulars A-87 and A-I02, and are hereby incorporated by reference
with the same force and effect as if they were given in full text
The Agency agrees not to use the funds received through this agreement for
activities previously carried out with its own resources.
IV, APPRO V AL
The Fiscal Year 1994 Highway Safety Plan was approved by the Oregon Transportation
Commission on Ju1y 21, 1993. At that time the Manager was authorized and directed to
sign all contracts included in this Plan for and on behalf of the Commission. Said authority
is set forth in the records, Minute Book of the Oregon Transportation Commission.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as
of the day and year hereinafter written.
v . SIGNATURES
AGENCY
Woodhurn Police Denartrnent
~~~~
STATE OF OREGON, by and
through its Department of
Transportation, Transportation
Safety Section
By
Ed Marges, Manager
Len Kelley, Mayor
(Type or print name and title)
Date March 29, 1994
Date
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