Res 1213 - Agmt Prof Sv Murray
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COUNCIL BILL NO. 1517
RESOLUTION NO. 1213
A RESOLUTION ENTERING INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
MURRAY, SMITH AND ASSOCIATES, INC.
WHEREAS, the City of Woodburn needs to inspect and obtain recommendations
on repair and painting of the city's 750,000 gallon elevated reservoir, and
WHEREAS, the city needs plans, specifications, and estimates for the recommended
repairs and painting of the reservoir as well as for the demolition of the adjacent 60,000
gallon elevated reservoir, and
WHEREAS, the city may 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
recommendations, plans, and construction assistance for proposed work on the city's
elevated water storage reservoirs which is attached as exhibit" 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. I
Approved as to form?/Jvcr ~ / 20/7 '-I
c"" A~m~ APPROVED, ~Z h'.~ I
Len Kelley, May
Passed by the Council
January 24, 1994
January 25, 1994
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: /1~~
Mary Te ant, City Recorder
City of Woodburn, Oregon
January 26, 1994
January 26, 1994
Page 1 - COUNCIL BILL NO. 1517
RESOLUTION NO.1213
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Murra~ Srnilh &Associa1es, Ine.
Engineer&IPlanners
J1I S,Ualmon, Suite 1020 " portland,Oregon 97204 . PHO~E 503.22;.9010 . Ell: ;03.22;.9022
December 2, 1993
Mr. G.S.(Frank) Tiwari, P.E.
Public Works Director
City of Woodburn
270 Montgomery Street
Woodburn, OR 97071
Re: Reservoir Inspection and Painting
Dear Frank:
Thank you very much for considering us regarding the subject project. We have
performed similar work recently for numerous public and private clients including the
City of West Linn, West Slope Water District, and Pacific Power and Light. We are well
qualified to assist you and the City on this work.
The project consists of (I) an inspection, report, recommendations and cost estimates
for repair and painting of the City's 760,000 gallon elevated reservoir located between
Cleveland and Broadway directly east of the railroad tracks, (2) preparation of plans,
specifications and estimates for the recommended repairs and painting of the
reservoir as well as the demolition of the adjacent 60,000 gallon reservoir, (3)
assistance during bidding and award of a construction contract for all of the work
designed at the reservoir site, and (4) providing services during construction.
Attached is a scope of work which we believe reflects our discussions on the project
and the work you would like us to accomplish. We are prepared to start work
immediately following your authorization. We understand that you desire to complete
the project and make fmal payments to the contractor by June 30, 1994. We are
prepared to proceed and complete our work on a schedule so as to accomplish that
goal. We would anticipate having fmal plans, specifications, and estimates completed
and ready for bidding by March 1, 1994, allowing four months for bidding, award and
construction.
We will accomplish the work authorized on a time and expenses basis in accordance
with the attached Schedule of Charges and Standard Provisions of Agreement.
Attached is a breakdown by work task of our estimated fees.
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Mr. G.S. (Frank) Tiwari, P.E.
December 2, 1993
Page 2
We appreciate the opportunity to make this proposal to you and if you have any
questions, please do not hesitate to call me. We look forward to working with you and
your staff.
Sincerely,
"Z!L~T~.INC
Philip H. Smith, P.E.
Executive Vice President
PHS:cyh
Enclosures
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Ap roved Len Ke ley, Mayor
January 26, 1994
Date:
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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. Assigrunent of Contract - Neither the Owner nor the Engineer shall assign its
interest in this Agreement without the written consent of the other.
2. lrifomJation 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 Construction 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.
2/92(5)
1 of 3
Standard Provisions of Agreement
for Engineering Services
EXHIBIT "A"
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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. Tennination of Agreement - The Owner may tenninate 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.
9. 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
with"out 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.
IO. 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, lockTouts,
accidents, l!~ts of God and other delays unavoidable or beyond the Engineer's
reasonable Control, or due to shortages or unavailability of labor at el;itablished
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 or 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.
2/92(s)
20f3
Standard Provisions of Agreement
for Engineering Services
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11. Limitation of Liability - 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.
12. 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 materialpersons and
their insurers and sureties shall agree to this procedure.
13. Services ExclusiIJelyfor Owner - Services provided within this Agreement are for
the exclusive use of the Owner.
14. 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.
15. SeverabUity - 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 .anjJ:1valid or unenforceable provision with one that is valid and
enforceable; and which comes as close as possible to expressing or a!;)hieving
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,
16. Extent of Agreement - There are no understandings or agreements except as
herein expressly stated,
2/92(s)
30f3
Standard Provisions of Agreement
for Engineering Services
SCOPE OF WORK
Task 1 - Reservoir Inspection
1.1 Conduct an inspection of the 760,000 gallon elevated reservoir in accordance
with AWWA Standard D101, Part A. Measure the dry film thickness (DFT) of
the existing coating system using a magnetic gage. Collect samples of the
existing paint and analyze for the presence or absence of lead.
1.2 Prepare a report in accordance with AWWA DI0l and include a summary of
the recommended repair, maintenance and painting work as well as an
estimate of the cost of such work.
1.3 Prepare an estimate of the cost of demolition of the adjacent existing 60,000
gallon reservoir.
1.4 Include in the report a discussion of the potential need for future cathodic
protection of the reservoir. Review the advantages and disadvantages and
make a recommendation. (Implementation of any recommended work should
be by a cathodic protection contractor experienced in facilities such as this.)
1.5 Submit five copies of the final report summarizing the results of the work in
this task and review with City staff.
Task 2 - Plans, Specifications and Estimates
2.1
2.2
2.3
2.4
T
Prepare plans and specifications for the recommended repair, maintenance,
and painting work on the 760,000 gallon reservoir and demolition of the
existing 60,000 gallon reservoir. The plans will consist primarily of a site and
vicinity plan and as-constructed drawings if available from the City. Some
detailed d~wings may be required for minor work items. The work to be
designed arid specified on the larger reservoir is anticipated to consist of
complete reservoir painting(interior and exterior) and minor repair or'
improvement items primarily related to worker safety improvements. Excluded
from this scope is cathodic protection and items such as major structural work,
foundation work, or other similar major repair work.
Prepare a construction cost estimate for the work designed under this task.
Submit a draft contract document package suitable for bidding to the City for
review and revise as requested.
Print and bind up to 20 copies of the contract documents and deliver to City.
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Task 3 - Bidding and Award
3.1 Assist the City as requested. Respond to bidder inquiries during the bid
period. Prepare addenda if necessary. Review bid results and make a contract
award recommendation.
Task 4 - Services During Constmction
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:
4.1 Attend preconstruction conference.
4.2 Review and approve submittals required of the contractor.
4.3 Perform periodic site visits to inspect the work. It is anticipated that up to 80
labor hours will be provided for this inspection work. Prepare inspection
reports documenting visits and observations. Submit to City.
4.4 Advise staff on amount of progress payments to be made to contractor.
4.5 Conduct final inspection of the work and make recommendation to the City for
final payment.
FEE SUMMARY
Task
Descriotion
Fee
,
"
Reservoir Inspection
Plans, Specifications & Estimates
Bidding and Award
Services During Construction
$ 1,750.00
$ 5,500.00
$ 500:'00
$ 6.800.00
$14,600.00
1
2
3
4
Total
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