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HomeMy WebLinkAboutCouncil Resolution 654RESOLUTION NO. /g,3'i~ A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A CONTRACT FOR ENGINEERING SERVICES WITH CH2MHILL NORTHWEST, INC. Recitals 1. In connection with the construction of a two million gallon municipal reservoir, the City requires the services of an engineering firm. 2. CH2MHi11 Northwest, Inc. is capable of performing the necessary engineering services and is willing to do so on certain terms. 3. The rules of the. Central Point. Contract Review Board provide, in Section 3(2), that contracts for personal services are exempt from the competitive bid process otherwise required for most other public contracts. Now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, that the City shall enter into, and the Mayor is hereby authorized and directed to execute, the "CH2MHi11 Standard Agreement for Professional Services" in the form attached hereto as Exhibit "A", consisting of 16 pages. Passed by the Council and si/g7ne~d.b~y me in authentication of its passage this ~~ day of (~Ct.C~h,e.C J 1993. May Roger Westensee ATTEST: City R resentative Approved by me this n2 n~ day of .P . 1993. ~t'9~t "~ . ~ . Ma r Roger Westensee RESOLUTION NO. (031693) CH°MHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between. CH°MHILL Northwest, INC, (ENGINEER) and the City of Central' Point, Oregon (OWNER) for a PROJECT generally described as: 2MG Reservoir -Old Stage Road ARTICLE 1. SCOPE OF SERVICES The Scope of Services is set forth on the individual task orders attached hereto as Attachment A, Task Orders 1, 2, 3, 4 and 5. ARTICLE 2. COMPENSATION ENGINEER's compensation shall be as set forth. in Attachment B. ARTICLE 3. TERMS OF PAYMENT Payment to ENGINEER will be made as follows: A. Invoices and Time of Payment Monthly invoices will be issued by ENGINEER for all work performed on this AGREEMENT. Invoices. are due and payable on receipt. B. Interest Interest at the rate of 1-1/29b per month, or that permitted by law if lesser, 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.. In the event of a disputed. or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. OWNER will exercise reasonableness in contesting any bill or portion thereof. No interest will accrue on any contested portion of the billing until mutually resolved. If OWNER fails to make payments in full to ENGINEER for services within 60 days of the date due for any uncontested billing, ENGINEER may, after giving 7 days written notice to OWNER suspend services under this AGREEMENT until paid in full, including interest, in the event of suspension of services. ENGINEER will have no liability to OWNER for delays or damages caused OWNER because of such suspension of services. ARTICLE 4. OBLIGATIONS OF ENGINEER A. General ENGINEER will serve as OWNER's professional engineering representative under this AGREEMENT, providing professional engineering consultation and advice and. furnishing customary services incidental thereto. B. Standard of Care The standard of care applicable to ENGINEER'S services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time said services are performed. ENGINEER will re- perform any services not meeting this standard without additional compensation. 1 0. Subsurface Investigations fn soils, foundation, groundwater, and other subsurface investigations, the actual characteristics vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. D. ENGINEER`s Personnel at Construction Site The presence or duties of ENGINEER'S personnel at a construction site, whether as on- site representatives or otherwise, do not make ENGINEER or ENGINEER'S personnel in any way responsible for those duties that belong to OWNER and/or the construction contractors or other entities, and do not relieve the construction contractors. or any other entity of their obligations,. duties., and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and. completing all portions of the construction work in accordance with the construction Contract Documents and any health or safety precautions required by such construction work. ENGINEER and ENGINEER'S personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except ENGINEER'S own personnel. The presence of ENGINEER'S personnel at a construction site is for the purpose of providing to OWNER a greater degree of confidence that the completed work will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the construction contractor(s). ENGINEER neither guarantees the performance of the construction contractor(s) nor assumes responsibility for construction contractor's failure to perform their work in accordance with the Contract Documents. E. Opinions of Cost, Financial Considerations, and Schedules In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT. ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that OPJNER's actual PROJECT costs, financial aspects, economic feasibility or schedules will not vary from ENGfNEER's opinions, analyses, projections, or estimates. if OWNER wishes greater assurance as to any element of PROJECT cost, feasibility, or schedule, OWNER will employ an independent cost estimator, contractor, or other appropriate advisor. F. Construction Progress Payments Recommendations by ENGINEER to OWNER for periodic construction progress payments to the construction contractor(s) will be based on ENGINEER'S knowledge, information, and belief from selective sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by ENGINEER to ascertain that the construction contractor(s) have completed 2 the work in exact accordance with the Contract Documents; that the final work will be acceptable in all respects; that ENGINEER has made an examination to ascertain how or for what purpose the construction contractor(s) have used the moneys paid; that title to any of the work,. materials, or equipment has passed to OWNER free and clear of liens, claims, security interests, or encumbrances; or that there are not other matters at issue between OWNER and the construction contractors, that affect the amount that should be paid. G. Record Drawings ENGINEER will prepare Record Drawings for all facilities constructed on the PROJECT. ENGINEER shall certify completion of the PROJECT per such Record Drawings. N. Certificate of Completion At the conclusion of the construction of the project, ENGINEER shall require the Contractor to prepare and execute a "Certificate of Completion" document in the form attached hereto marked Attachment C, and by this reference incorporated herein. ENGINEER shall indicate on such document whether the City should accept or reject the work and shall also execute the document. If ENGINEER recommends that the work be rejected, ENGINEER shall, on a separate document,. specify the reasons therefor. I. Minority-and Women-Owned Business; OWNER-Specified Subcontractors ENGINEER will comply with OWNER's directives in utilizing the services of OWNER- specified subcontractors and/or minority and women-owned businesses on the PROJECT. Firms selected by ENGINEER to meet said directives wilt be subject to approval of OWNER.. ENGINEER'S liability arising from the work of said subcontractors or businesses is limited to proceeds available for their insurances. J. Access to ENGINEER'S Accounting Records ENGINEER will maintain accounting records, in accordance with generally accepted accounting principles and practices, to substantiate all invoiced amounts. These records will be available to OWNER during ENGINEER's normal business hours for a period of 1 year after ENGINEER'S final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and rates) incurred hereunder. OWNER may only audit accounting records applicable to a cost- reimbursable type compensations. K. ENGINEER'S Insurance ENGINEER will maintain throughout this. AGREEMENT the following Insurance: (a) Worker's Compensation and Employer's Liability Insurance as required by the state where the work is performed. (b) 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 onsite and offsite operations., and owned, nonowned, or hired vehicles with $1,000,.000 combines single limits. (c) Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of ENGINEER or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and in the aggregate. 3 (d) Professional liability insurance of $1,000,000 per occurrence and in the aggregate. (e) OWNER will be named as an additional insured with respect to ENGINEER'S liabilities hereunder in insurance coverages identified in items(b) and (c) and ENGINEER waives subrogation against OWNER as to said policies. ARTICLE 5. OBLIGATIONS OF OWNER Amendments to Article 5, if any, are included in Attachment C. A. OVdNER-Furnished Data Owner will provide to ENGINEER all data in OWNER's possession relating to ENGINEER's services on the PROJECT. ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provide by OWNER.. B. Access to Facilities and Property OWNER will make its facilities accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide tabor and safety equipment as required. by ENGINEER for such access. OWNER will perform at no cost to ENGINEER, such tests of equipment, machinery, pipelines, and other components of OWNER'S facilities as may be required in connection with ENGINEER'S services, unless otherwise agreed to, OVdNER will be responsible for all acts. of OWNER's personnel.. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, OWNER will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local,. state or federal authorities; and land, easements, rights-of way, and access necessary for ENGINEER'S services or PROJECT construction. D. Timely Manner OWNER will examine ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as OWNER deems appropriate; and render in writing, decisions required by OWNER in a timely manner. E. Prompt Notice OWNER will give prompt written notice to ENGINEER whenever OWNER observes or becomes aware of any development that affects the scope of timing of ENGINEER'S services, or of any defect in the work of ENGINEER or construction contractors. F. Asbestos. or Hazardous Substances and Indemnification ff asbestos or hazardous substances in any form are encountered or suspected, ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, ENGINEER will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected,. ENGINEER will conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. 4 G. Contractor Indemnification. and Claims OWNER agrees to include in all construction. contracts the provision of Article 4D, ENGINEER's Personnel at Construction Site, and provision providing contractor indemnification of OWNER and ENGINEER for contractor's negligence. H. Exclusion of Contractor Claims OWNER agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and material suppliers on the project,. or their sureties, shall maintain no direct action against ENGINEER, ENGINEER's officers, employees, affiliated corporations, and subcontractors for any claim arising out of, in connection with, or resulting from the engineering services performed. OWNER will be the only beneficiary of any undertaking by ENGINEER. I, OWNER's Insurance (a) OWNER will maintain property insurance on all pre-existing physical facilities associated in any way with PROJECT. (b) OWNER will provide for a waiver of subrogation as to all OWNER-carried property damage insurance, during construction and thereafter in favor of ENGINEER, ENGINEER'S officers., employees, agents and subcontractors. (c) OWNER will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work. including the value of all onsite OWNER-furnished equipment and/or materials associated with ENGINEER's services. Such policy will include coverage for loss due to defects in materials and workmanship and errors. in design, and will provide a waiver of subrogation as to ENGINEER and the construction contractor(s) or OWNER), and their respective officers, employees, agents, affiliates and subcontractors. OWNER will provide ENGINEER a copy of such policy. J. Litigation Assistance The Scope of Services does not include costs of ENGINEER for required or requested assistance to support, prepare, document, bring, defend or assist in litigation undertaken or defended by OWNER. All such services required or requested of ENGINEER by OWNER, except for suits or claims between the parties to this AGREEMENT will be reimbursed as mutually agreed, and payment for such services shall be in accordance with Article 3, unless and until there is a finding by a court or arbitrator that ENGINEER's sole negligence caused OWNER's damage.. K. Changes OWNER may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be_ made through an amendment to this AGREEMENT. L. Services of ENGINEER Unless this AGREEMENT is modified or terminated, OWNER will have all services specified in this AGREEMENT performed by ENGINEER, employing ENGINEER'S standard form and content of drawings,. specifications, and Contract Documents, generally conforming to the standards, recommendations and content of the Construction Specifications institute (CSI) and Engineer Joint Contract Documents Committee (EJCDC) and subject to OWNER'S review and approval. 5 ARTICLE 6. GENERAL LEGAL PROVISIONS A. Authorization to Proceed Execution of this AGREEMENT by OWNER wilt be authorization to ENGINEER to proceed with the work, unless otherwise provided for in this AGREEMENT. B. Reuse of PROJECT Documents All reports,. drawings, specifications, documents and other deliverables of ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse on another project, change or alteration by OWNER or by others acting through or on behalf of OWNER of any such instruments of service without the written permission of ENGINEER will be at OWNER's sole risk. OWNER agrees to indemnify ENGINEER and ENGINEER's officers, employees, subcontractors and affiliated. corporations from all claims damages, losses and costs,. including but not limited to, litigation expenses and attorney fees arising out of or related to such. unauthorized reused, change or alteration. C. Force Majeure ENGINEER is not responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events. beyond the control of ENGINEER. D. Limitation of Liability To the maximum extent permitted by law, ENGINEER'S liability for OWNER'S damages for any cause or combination of causes will, in the aggregate, not exceed $2,500,000 under this AGREEMENT. This article takes precedence over any conflicting article of this AGREEMENT or any document incorporated into it or referenced by it. E. Termination This AGREEMENT may be terminated for cause if any party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. F. Suspension,. Delay, or Interruption of Work OWNER may suspend, delay, or interrupt the services of ENGINEER for the convenience of OWNER. In the event of force majeure or said suspension, delay or interruption, an equitable adjustment in the Project's schedule, commitment, and cost of ENGINEER'S personnel and subcontractors, and ENGINEER's compensation will be made. G. No Third-Party Beneficiaries This AGREEMENT gives no rights or benefits to anyone other than OWNER and ENGINEER and has no third-party beneficiaries. H. indemnification (a) ENGINEER agrees to indemnify OWNER from any claims, damages, losses and costs, including, but not limited to attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of ENGINEER, ENGINEER'S employees, affiliated corporations, officers, and subcontractors in connection with the PROJECT. 6 (b) OWNER agrees to indemnify ENGINEER from any claims, damages, losses and costs, including, but not limited to attorneys' fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of owner, OWNER's employees, or agents in connection with the PROJECT. (c) Lf the negligence or willful misconduct of both ENGINEER and OWNER (or a person identified above for whom each is liable) is a cause of such damage, injury, the loss, cost or expense shall be shared between ENGINEER and OWNER in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. I. Assignment Neither party will assign all or any part of this AGREEMENT without the prior written consent of the other party. J. Interpretation and Waivers Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties and will apply to all the different theories of recovery, including breach of contract or warranty, tort including negligence, strict or statutory liability, or any other cause of action except the limitations will not apply to willful misconduct or gross negligence for limitation of liability or sole negligence for indemnification. Parties means OWNER and ENGINEER,. and their officers, employees, agents, affiliates, and subcontractors. The parties also agree that OWNER will not seek damages in excess of the limitations indirectly through suits with other parties who may join ENGINEER as a third-party defendant. OWNER waives all claims against ENGINEER, including those for latent defects, that are not brought within two years of substantial completion of the facility designed or final payment to ENGINEER, whichever is earlier. K. Jurisdiction The laws of the State of Oregon shall govern the validity of this AGREEMENT, its. interpretation and performance, anal. any other claims related to it. L. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision,. and this AGREEMENT will be construed as if such invalid,. illegal, or unenforceable provision had never been contained herein.. Articles 4H, 5F, 5H, 51, 6B, 6G, and 6H will survive termination of this AGREEMENT for any cause. M. Materials and Samples Any items, substances, materials, or samples removed from the PROJECT site for testing, analysis, or other evaluation will be returned to the PROJECT within 60 days of PROJECT close-out unless agreed to otherwise. OWNER recognizes and agrees that ENGINEER is acting as a bailee and at no time assumes title to said items, substances, materials, or samples. ARTICLE 7. ATTACHMENTS, SCHEDULES AND SIGNATURES This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following attachments. and'schedules are hereby made a part of this AGREEMENT: ATTACHMENT A -Scope of Services; Individual Task Orders 1, 2, 3, 4, and 5 ATTACHMENT B -Compensation ATTACHMENT C -Certificate of Completion IN WITNESS WHEREOF, the parties execute below: ENGINEER Title: J~~cAr'~i~'N..r „~n~r~ pv Date: 3'22 9 3 /"I OWNER By (/~c~~~-~J'lcza- Mayo/r /Westensee Dater 4~ ATTACHMENT A -SCOPE OF SERVICES TASK ORDER NO. 1 The purpose of this Task Order is as follows: Geotechnical Investigation -For Final Design Services ARTICLE 7. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: 1. Perform a geotechnical investigation for the reservoir site. Completion of four borings of 40 foot depth. each to provide the necessary information. Completion of three consolidation tests. and one direct shear test to be performed by an outside laboratory. A memorandum report will be prepared to use in design of the reservoir and to make available for construction contractors. ARTICLE 2. COMPENSATION Compensation by OWNER to ENGINEER will be as follows: Compensation will be on the basis of the billing rates described in Attachment B. A Budgetary amount of $16,000 is established. B TASK ORDER NO. 2 The purpose of this Task Order is as follows: Prepare documents described below for construction of a 2 million gallon concrete reservoir to be located on the site identified in the Site Selection Study. The design will be accomplished in three stages. A YO percent level design will first be completed showing the proposed site plan, including the access road layout, valve vault location, and other major features. ENGINEER will meet with City staff to review these design concepts. A 90 percent level design will then be completed for review by the City, Oregon Health Division, Oregon Economic Development Department, and ENGINEER'S internal quality assurance review. The final contract documents will be completed following these reviews. ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER. the following specific services: 1. Preparation of final design drawings. The final design budget is based on including the following drawings: 1. Vicinity Map, Index, Legend 2. Site Plan 3. Grading Plan and Reservoir Sections 4. Access Road and Drainage Details 5. Foundation and Roof Plan 6. Wall and Footing Details T. Roof Sections 8. Drain and Overflow Pipe Details 9. Altitude Valve and Vault, Piping Details 10. Underdrain, Pipe Trench, and Details 11. Electrical and Telemetry System 12. Structural Standard Details 13. Landscape Plan Details 2. Preparation of landscape plans, specifications and a summary of the Landscape Development Program for circulation to interested landscape contractors. Review Contractor prequalification submittals and participate in Contractor selection_ The landscape task. will be performed by Brian Mostue, Landscape Architect of Medford. 3. Preparation of print-ready technical specifications and contract documents. 4. Conduct two review meetings with OWNER staff during the course of final design. The first will be a review meeting held at the OWNER's office at about 10 percent completion level. The second review will be at about 90 percent completion level. The review meeting at this stage will be held at the Engineer's Corvallis office to involve several of the design engineers in a cost efficient manner. 5. Submit the 90 percent complete design document to the Oregon Health Division and the Oregon Economic Development Department for review and approval. 6. Develop a construction cost estimate based on the 90 percent complete documents. 9 7. Provide project management and senior consultant review for the project. 8. Preparation of contract documents in a manner which allows OWNER to submit these documents necessary to obtain the following permit. a. Access Permit -Jackson County Public Works Department 200 Antelope Road White City, OR 97503 (503)826-3122 b. Building Permit -Jackson County Building Department Jackson County Courthouse Medford, OR 97501 (503)77fi-7554 9. Civil Site Work Design required excavation, structural fill, and backfill for the reservoir and the access road. Design site grading for landscaping and drainage requirements. Design the 12-foot wide asphaltic concrete. access road that extends from Old Stage Road to the turnaround/parking area. Design a fence for the reservoir site, with the goal being to provide security while maintaining an acceptable site appearance. 10. Site Pipin g Design on-site water transmission piping, reservoir drain and overflow piping, perimeter drain and underdrain piping, wash down hydrant, fire hydrant, isolation valves and control valves. The inlet and outlet piping in the reservoir will be separated to allow better water circulation in the tank. The control valves will be located in a buried vault. Design water transmission piping system adequate to connect City's existing distribution system to the reservoir site. 11. Reservoir Structural Design Design apoured-in-place, prestressed concrete reservoir. The Reservoir shall have a capacity of 2 million gallons with an overflow of 1475 feet above mean seal level. The overflow elevation shall be verified and approved by Medford Water Commission prior to preparation of Final Bid Documents. The reservoir wi11 include the features required by the Oregon Health Division,. such as air vents and access hatch, and consider design features for confined space entry requirements for cleaning of the reservoir. 12. Landscaping Design a landscaping plan. This will be developed by a local landscape architect (.Brian Mostue Landscape Architects) will be be under subcontract to our firm. The goal of the plan is to visually shield the reservoir. Plantings are to be of a hardy variety that will require minimal maintenance. An irrigation system will be provided because it is anticipated that establishment of plants will be difficult without it. This design will review the use of the Medford Irrigation District Water. 10 13. Telemetry and Electrical Design Design site electrical needs for power to the valve vault and for the telemetry. The vault will require lights, heat, and electrical outlets at 110 volts. Exterior lighting is to be designed to provide outside lighting in case of an emergency. Electrical service to the site shall be buried underground.. Design a telemetry system, compatible with the City's existing reservoir system, to give a remote indication: of water levels in both reservoirs, and provide a warning system for malfunctions to be determined by ENGINEER and OWNER. ARTICLE 2. COMPENSATION Compensation 6y OWNER to ENGINEER will be as follows: Compensation wilt be on the basis of the billing rates described in Attachment B. A budgetary amount of $96,000 is established. TASK ORDER NO. 3 The purpose of this Task Order is as follows: Bid Services ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: 1. Print 75 sets of half-size, reduced-scale drawings in 11x17-inch size and specifications in 8 1/2 x 11-inch. size for bidding and contract use. Fifteen sets will be retained for use by the ENGINEER and 60 sets will be available for distribution, contracting purposes and OWNER's use. 2. At least 10 days prior to advertisement for bids, provide a complete set of plans, specifications, and estimates to Oregon Economic Development Department for review in accordance with contract requirements. 3. Assist OWNER in advertising the project in the Daily Journal of Commerce. OWNER will pay the cost for advertising. 4. Conduct the site tour and pre-bid conference. 5. Review the Contractor prequalification forms and make recommendations to the OWNER as to the prequalifications of each Contractor. 6. Answer bidder questions during the bidding period. 7. Prepare and distribute addenda as required. 8. Assist OWNER in the evaluation of bids and make recommendation for award of contract. 11 ARTICLE 2. COMPENSATION Compensation from OWNER to ENGINEER will be as follows: Compensation will be on the basis of the billing rates described in Attachment B. A Budgetary amount of $8,000 is established. TASK ORDER NO. 4 The purpose of this Task Order is as follows: Services. during Construction ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: 1. Meet with OWNER and contractor in a preconstruction conference. 2. Meet with OWNER as needed for consultation or conferences with regard to construction, and to review monthly pay estimates. ENGINEER shall examine the certified payroll and determine and certify that the contractor is paying the appropriate State of Oregon prevailing wage. The budget assumes that up to six meetings will be required during the construction phase. 3. Review all necessary documents, wage statements,. etc. to prepare a monthly pay estimate recommendation for OWNER. 4. Assist in the interpretation of drawings and specifications. 5. Review shop drawings and the Contractor submittals for conformance with the design concept of the project and in compliance with the requirements set forth in the Contract Documents. 6. Prepare change orders as required during the course of the construction. 7. Review all performance tests performed by the Contractor to assure compliance with the Contract Documents. 8. Make final inspection of the construction jointly with OWNER and recommend the acceptance of the construction contract. 9. Incorporate Contractor's and ENGINEER'S record drawings into a set of reproducible mylars. l0. Preparation of Oregon Special Public Works Fund Program Progress Report and Cash Request Forms,. Progress on Activity Forms, updated project schedules and cash draw-down reports as required 6y Oregon Economic Development Department for this Project. 1l. Determine a schedule for materials testing, to be reviewed and approved by City, and shall perform. such tests. 12 ARTICLE 2. COMPENSATION Compensation by OWNER to ENGINEER will be as follows: Compensation will be on the basis of the billing rates described in Attachment B. A budgetary amount of $20,800 is established. TASK ORDER NO. 5 The purpose of this. Task Order is as follows: On-Site Observation Services ARTICLE 1. SCOPE OF SERVICES ENGINEER agrees to furnish OWNER the following specific services: 1. ENGINEER will prepare a complete and thorough schedule of inspections required for important phases of the construction project. 2. Furnish a qualified resident observer for important phases of the construction project. It is understood that the OWNER will have a designated resident observer who will be available for daily resident inspection in the absence of the ENGINEER. For budgeting purposes, ENGINEER has assumed that ENGINEER will provide 50 days of resident observation in 25 separate trips to the site. 3. ENGINEER will prepare a list of tasks, duties requiredy qualifications, and other information for both the ENGINEER'S resident observer and OPJNER's resident observer in the absence of the ENGINEER'S resident observer. ENGINEER shall accept or reject the City's resident observer based on qualifications outlined by ENGINEER. ARTICLE 2. COMPENSATION Compensation by OWNER to ENGINEER will be as follows: Compensation will be on the basis of the billing rates described in Attachment. B. A budgetary amount of $27,800 is established. IN WITNESS WHEREOF, the parties execute below: ENGINEER B y ~ ~G~9 lnG r/~ Title:_~~-/PVx'r~nwn~" W~~nsh,PV ^- 1~1~ Date: P I~~~~3 ~T OWNER May Roger/ Westensee Date• y~~/ 4~ 13 ATTACHMENT B -COMPENSATION Compensation by OWNER to ENGINEER will be as follows: A. BILLItdG RATES ENGINEER will be paid for services described on Task Orders 1-5 based on an hourly billing rate for each of ENGINEER'S employees, plus ENGINEER'S direct expenses, as defined below, plus. a sum equal to 1046 of direct expenses. ENGINEER shall submit detailed statements showing the time spent by each employee on each task, and the specific direct expenses claimed. ENGINEER's 1993 hourly billing rates for each employee shall be as follows: Paul Berg, Project Manager $ 71.40 Tom Eagleson, Project Administrator $ 78.31 Sue Frey, Structural $ 91.32 Alex Firth, Structural $ 58.20 Glen Silbernagel, Pipeline $ 68.68 Kate McCoy,. Graphics. $ 60.70 Allan Schwindt, Telemetry $ 69.33 Mark Engdall, Electrical $ 59.88 Art Bowcock, Inspection $ 56.60 B C. The parties agree that if ENGINEER's hourly rates increase for 1994, those new 1994 rates shall be incorporated into this agreement without a formal amendment or addendum to the agreement. In the event that one of ENGINEER'S employees listed above is replaced by a different person who is not listed above, the hourly billing rate will remain the same as that charged for the employee who was replaced. MAXIMUM COMPENSATION Notwithstanding any other provision contained anywhere in this agreement, the budgeted amount for each individual task order shall constitute the maximum compensation available to ENGINEER for full completion of all tasks described in such. task order. It is the parties' intent that ENGINEER shall fully perform the terms of this agreement for a maximum compensation of $168,600, which is the sum total of the budgets established for the five individual task orders. Such maximum compensation includes payment for the performance of all of ENGINEER'S obligations, whether specifically set forth on an individual task order, or found in the general provisions of the agreement. DIRECT EXPENSES Direct Expenses are those necessary costs and charges incurred for the PROJECT including: (1) the direct costs of transportation, meals and lodging, mail, subcontracts, and outside services; special OWNER approved PROJECT specific insurance, letters of credit, bonds, and equipment and supplies; (2) ENGINEER's 14 vehicles, computing systems, laboratory tests and analyses, word processing, printing and reproduction services, and certain field equipment; and (~) ENGINEER's standard project charges for special health and safety requirements of OSHA and telecommunications services. This. Attachment B supersedes all prior written or oral understandings relating to Compensation and, except for the provision relating to 1994 billing rates, may only he changed by a written amendment executed by both parties. IN WITNESS WHEREOF, the parties execute below: ENGINEER OWNER By_~~(v~ ~ . 1Y1~--- Title: ~~'t~~ ~GNCSPr '-- Wk~ Date: 3/~Z ~q 3 May Roger Westensee Date: y/oL`.,9,3 15 ATTACHMENT C -CERTIFICATE OF COMPLETION To the City of Central Point: I hereby certify that all work has been satisfactorily and completely performed, and all materials supplied in accordance with the plans, specifications and contract documents for the Central Point 2MG Reservoir -Old Stage Road, and that: 1. Not less than prevailing rates of wages as ascertained by the Contracting Agency has been paid to laborers, workmen and mechanics employed on this work, and wage certifications have been submitted to the Project Engineer. 2. There have been no unauthorized substitutions of subcontractors; nor have any subcontracts been. entered into without the names of the subcontractors having been submitted to the Engineer prior to the start of such subcontracted work. 3. No subcontract was assigned, transferred. or performed by any subcontractor other than the original subcontractor, without prior notice having been submitted to the Engineer together with the names of all subcontractors. 4. All claims for material and laboi° and other service performed in connection with these specifications have been paid.. All appropriate waivers of lien have been completed, signed and submitted to the Project Engineer. 5. All monies due the State Industrial Accident Fund, the State Unemployment Compensation Trust Fund (ORS 279.510), the State Tar. Commission (ORS 315.575, 316.575, or 316.711 and 316.714), hospital associations and/or others, (ORS 279.320), have been paid. Date: Contractor RECOMMENDATION OF PROJECT ENGINEER The undersigned, having determined that all monies due the contractor under this contract are paid or will be paid within 30 calendar days, and having further determined whether the above information and representations of the contractor are correct or incorrect, hereby certify that the same are: correct, and I recommend the City accept the completed work. incorrect, and I recommend the City reject. the work, for reasons. specified on the attached pages. Date: Project Engineer-CH2MHi11 16