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HomeMy WebLinkAbout1991-083 Service Agrmt - RW BeckDEPARTMENT OF PUBLIC WORKS Steven ~, Hall, P.E, Director November 26, 1991 nf ASHLAND, ORI~GON 97520 CITY HALL Mr. Richard L. Schaefer, P.E. Director R.W. Beck and Associates 2101 Fourth Avenue, Suite 600 Seattle, Washington 98121-2375 Dear Rick: Enclosed is a signed copy of the contract for the N.W. Water Facilities project. I look forward to working with you and members of Marquess Associates staff on this important project. I hope you have an enjoyable Thanksgiving. and Sincerely yours, Steven M. Hall, P.E. Public Works Director cc: Nan Franklin, city Recorde~ Paul Nolte, city Attorney Jill Turner, Finance Director Jim Olson, Assistant City Engineer Dennis Barnts, Water Quality Superintendent Pam Barlow, Administrative Assistant Encl: Contract RWB 201R R.W. Beck and Associates Engineers and Consultants PROFESSIONAL SERVICES AGREEMENT Date November 14. 1991 P.S.A. No. CLIENT City of Ashland ADDRESS Public Works Department 20 East Main Street Ashland, Oregon 97520 PROJECT Water Facilities Design PART I. Scope of Services (See Attachment A) PART II - Schedule (See Attachment B) PART III - Compensation (see Attachment C dated PART IV - Standard Provisions ( see attached RWB Form PARTV -- Special Provisions ( Se~ At~-~chm~=nt D ). Approved for CLIENT By), Title: Approved for CONSULTANT By: ~ Title: ~,~ ~-~ By:. Title: By: Tide: RWB-2O4R R.W. BECK AND ASSOCIATES PART IV - COMMERCIAL TERMS AND CONDITIONS 1. independent Contractor (Construction Project) In the pedormance of services hereunder, Consultant is an independent contractor and shall not be considered an employee of the Client. Unless specifically identified otherwise in the Scope of Services, the services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement shall create any duties on the part of Consultant toward any person not a party to this Agreement. To the extent specifically agreed in writing by Consultant and Client, Consultant may act as Client's on-site agent while providing construction management services for Client. Client shall incorporate language acceptable to Consultant in all construction contract documents with third party construction contractors. ConsCtant shall not provide any of the following services: (al direction, supervision or approval of the actions or procedures of any construction contractor or its personnel regarding safety or the means, methods, techniques, sequences or procedures for performing construction work; (b) compliance with maintenance, operation or safety practices or procedures during construction or operation of the project; (c) construction operations or construction site security; (d) authorization of change orders for construction (which may result in additional costs or extensions of contract time); (el suspension of all or any portion of a construction contractor's operations; (fl termination of all or any portion of a construction contract; (gl acceptance on behalf of the Client for all or any portion of the construction; or (h) operation or maintenance of any Client facilities near or affecting the construction site. 2. Standard ol Care The standard of care applicable to Consultant's services will be the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are hereby disclaimed. 3. Scope and Schedule Changes The proposed fees constitute Consultant's estimate of the effort and charges required to complete the Scope of Services as Consultant understands itto be defined. Services not expressly set forth in this Agreement are excluded from the scope. If any change alters the Scope of Services or affects the schedule or Consultant's costs hereunder, Consultant shall promptly notify Client of the situation and Consultant's schedule and compensation shall be equitably adjusted, if the Consultant is delayed in performing its services hereunder by any act of war, force majeure or other cimumstance beyond ifs control, then the schedule of pedormance shall be extended for the number of days as the occurrence delays perlormance and the compensation limits under the Agreement shall be equitably adjusted, if necessary, to compensate Consuifant for any additional costs due to the delay. 4. Financin,q Char§es for Late Payments If the Client fails to pay undisputed invoiced amounts within 30 days after delivery of invoice, additional charges shall become due and payable at a rate of 1-1/2 percent per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid amounts. Any financing charges due from the Client on past due invoices are outside any maximum billing amounts established for this Agreement and shall not be included in calculating the maximum. All payments shall first be credited against any accrued interest. If the Client fails to pay undisputed invoiced amounts within 60 days after delivery of invoice, Consultant, at its sole discretion, may suspend work hereunder without incurring any liability or waiving any right established hereunder or by law. GOLEAB156 R.W. Beck and Associates t CITY OF ASHLAND WATER FACILITIES DESIGN ATTACHMENT A SCOPE OF SERVICES PROJECT DESCRIFrION The City of Ashland (Client) is implementing improvements to its water distribution system to relieve a moratorium in the northwest portion of the City. The facilities to be constructed under this project will strengthen the Client's water system by providing increased flow capacity to the Northwest high pressure zone and storage to serve the southwest portion of the service area. The project consists of approximately 7,400 feet of 24-inch ductile iron water main; 2,800 feet of 10-inch ductile iron water main; a 500,000 gallon water storage reservoir; a pump station; pressure reducing valve station; and restoration of roadways and improvements along the pipeline route. The scope of work provides for engineering design and construction services including preliminary surveying, design, specifications, construction surveying, inspection, progress pay estimates, and final certification of project completion. WORK BY THE CLIENT The Client will provide survey controls, topographic maps and utility maps of the project area for use in preliminary design and survey planning. The Client will compile and provide right-of-way information for use in preliminary design and survey planning. The Client will locate and mark in the field all known utilities prior to the scheduled beginning of design survey and predesign reconnaissance. The Client will conduct design reviews proposed during the predesign effort, as well as at the 50 percent and 90 percent complete design stages. The Client will obtain all local agency permits. The Client will advertise for construction bids, distribute bid documents, receive and open bids, and award construction contract. Scope of Services (Cont'd) Page 2 PROJECT TASKS Task 1 - Project Management A project management plan will be prepared by Consultant at the start of the project which sets the standard for performance of the work. Scope, budget, schedule, staffing assignments, milestones, documentation plan and other relevant project aspects are defined and monitored throughout the project. Communications and coordination between the Client, Consultant staff and subcontractors will be maintained by Consultant. Project status reports and invoices will be prepared monthly, and budget and schedule will be monitored regularly to assure the project is on track. Task 2 - Design Survey Consultant will review the established survey control, right-of-way and City ownership information provided by the Client to ensure it is sufficient as a basis for design survey. Based upon the routing selected in the predesign effort under Task 4, one continuous pipeline route will be ground surveyed from the point of connection at the existing supply line through the pump station site to the reservoir site. Survey corridor width shall be nominally 20 feet each side of centerline. Survey and topography shall be electronically compatible with AutoCAD version 11. Task 3 - Geotechnical Investigations Subsurface conditions at the reservoir site and the pump station site will be investigated using a hollow-flight auger. Along the pipeline alignment, a stiff auger will be used to bore approximately 95 holes at a 100-foot spacing to profile the top of rock. Holes in pavement areas will be repaired with cold patch mix. A formal report summarizing the results of the field investigations and laboratory analyses will be prepared and submitted for review and use in final design. Task 4 - Predesign Memorandum At the outset of the project Consultant will prepare a Predesign Memorandum documenting our engineering review of the project, verifying pipeline routing and reservoir sizing, recommending pumping station and pressure reducing valve station configurations, defining operational characteristics of the system, confirming bidding and construction schedules, and identifying permitting and environmental documentation issues. It is assumed that one project site visit will be required under this task. Scope of Services (Cont'd) Page 3 Task 5 - Design Consultant will complete detailed design and prepare plans, specifications, bidding documents and cost estimates for the project construction. Based upon the selected design configuration defined in the Predesign Memorandum, plans and specifications will be prepared with accompanying bidding procedural documents and construction cost estimate. It is assumed that all facilities will be constructed in public right-of-way or on City-owned land. It is assumed that the design products will be bid as no more than two construction contracts: (1) the reservoir, and (2) the 24-inch Supply Line and 10-inch pipeline. The pump station and PRV shall be included in one of the two contracts. The bid documents will be prepared using EJCD Construction Contract Documents format. Client will furnish procedural and bidding forms to be included in bid documents. The form of bid for the reservoir, pump station and PRV will be lump sum; bids for the pipelines will be unit price. Thirty sets of bid documents will be printed and provided for each contract. Subtask 5A - 24-inch Supply Line Design This subtask includes design and bid documents for approximately 7,400 feet of 24-inch ductile iron pipeline along Granite Street from Glenview Drive to Strawberry Lane, and along Strawberry Lane from Granite Street to approximately Ditch Line Road. The design alignment will be verified by the Predesign Memorandum task. The design anticipates restoration of pavement and other improvements to be disturbed by pipeline construction. Plan and profile drawings will be at 1" =50' scale (horizontal). Subtask 5B - Reservoir Design This subtask includes design and bid documents for the 500,000-gallon concrete reservoir to be sited on City property on Hitt Road. Design will include the reservoir, associated piping and valving, overflow and site drainage, site development, telemetry, fencing, and seeding. Reservoir design will be performance specification type requiring detailed design by the construction contractor; design review by Consultant will be performed under Task 7. Subtask 5C - Pump Station/PRV/10-inch Pipeline Design This subtask includes design and bid documents for approximately 2,800 feet of 10-inch ductile iron pipeline from the pump station to Hitt Road and along Hitt Road from Strawberry Lane to the reservoir site. The location of the pump station and the pipeline route to Hilt Road will be verified by the Predesign Memorandum task. Pipeline plan and profile drawings will be at I" =50' scale (horizontal). An access road will be designed along the Hitt Road pipe alignment to allow 4-wheel drive access to the reservoir site; construction bid schedule will provide for a road paving/gravel surfacing alternatives. The pump station will be designed Scope of Services (Cont'd) Page 4 including an above grade (level entry) structure with mechanical, electrical, stand by power, and associated site improvements. It is assumed the PRV will be installed in a below-grade vault or inside the pump station structure. Task 6 - Bidding/Award Services Consultant will respond to bidder's inquiries and issue addenda as appropriate. Advertisement for bids and distribution of bid documents will be performed by the Client. Bids will be received and opened by the Client. Consultant will review the bids and make recommendation of award as requested by the Client. Client will award the construction contract. No trips are anticipated under this task. Task 7 - Construction Services Consultant will provide construction staking for the 24-inch Supply Line, the pump station/PRV site, the 10-inch pipeline, and the reservoir site. Staking will consist of offset centerline grade staking for pipelines and location staking for the reservoir and pump station. Consultant will provide construction observation for the work, estimated at an average of 3 hours per working day over 260 working days. Office engineering services are estimated at an average of 4.5 hours per week over 9-1/2 months of active construction. Progress pay requests will be prepared by Consultant. Final review for recommending project acceptance will be performed by Consultant. Consultant will make periodic visits to the project site(s) during construction to view the work progress (a total of 5 visits assumed). Consultant will provide technical support and recommendations for proposed change orders. This scope of services does not include claims analysis or negotiation. Consultant will review and approve contractor submittals including operations and maintenance information. Consultant will prepare engineer's instructions during the construction as necessary to clarify the contract documents or to address changed conditions. Consultant will prepare one set of reproducible record drawings of the constructed project. ADDITIONAL SERVICES The Client and Consultant acknowledge that the scope of services for this Agreement cannot be accurately defined. Additional Services are those services not included in the tasks Scope of Services (Cont'd) Page 5 defined in this Scope of Services, but which the Client may want the Consultant to perform during the course of the Agreement. Additional Services include, but are not limited to, the following: (RLS.OI$) Attendance at pre-bid meetings. Claims analysis or negotiation. Design and/or construction provision for contaminated soils or groundwater. Operations and Maintenance Manual CITY OF ASHLAND WATER FACILITIES DESIGN ATTACHMENT B PROJECT SCHEDULE The project schedule is presented in the attached figure. The design of the 24-inch supply line is separated from the balance of the project to expedite its design and construction. The compensation set forth in Attachment C is based upon construction completion as follows: @ 24-inch Supply Line .................. November 15, 1992 Reservoir, Pump Station, 10-inch Pipeline ..... August 31, 1993 (RDS.018) CITY OF ASHLAND WATER FACILITIES DESIGN ATTACHMENT C COMPENSATION Upon submission of monthly invoices, the Client shall pay Consultant an amount equal to the actual hours of services furnished multiplied by the Consultant's established hourly salary cost, which include an allowance for personnel benefits and a factor of 2.3. Additionally, the Client shall reimburse Consultant monthly (1) at cost plus 10% for services of any Special Consultant or Subcontractor, and (2) at cost or then current rates for all expenses incurred by Consultant directly chargeable to services furnished under this Agreement. Such expenses shall include but are not limited to the following: (a) Long distance telephone expenses. Co) Services furnished by Consultant's computer center, other computer centers and Consultant's automated drafting systems, all at the applicable rates as of the date of invoice. (c) Printing, reproduction and word processing, at the applicable rates as of the date of invoice. (d) Reasonable travel and living expenses for personnel. (e) Rentals, communications, furnishings and utilities for field offices. (f) Other direct expenses related to services furnished. Consultant's "Salary Costs" allow for basic salary and employee benefits, such as: life, accident, disability and medical insurance, sick leave, holiday and vacation pay, social security, workers compensation, unemployment compensation and pension retirement contributions. Basic salary per hour shall be twelve times current monthly salary for employees or current monthly drawings in lieu of salary for partners (exclusive of overtime, bonus or other profit participation payments), divided by 2,080. The Client and Consultant acknowledge that the scope of services for this Agreement cannot be accurately defined. Accordingly, the total charges to be paid by the Client for services and expenses hereunder shall not exceed a budget ceiling of $220,500 without obtaining the prior written authorization of the Client. The Consultant shall not be required to furnish services or incur expenses above the budget ceiling without written authorization and additional funding from the Client. 0~LS.018) CITY OF ASHLAND WATER FACILITIES DESIGN ATTACHMENT D SPECIAL PROVISIONS STANDARD OF CARE Delete Article 2 of Part IV of this Agreement and replace it with the following Article 2: Consultant shall perform the services in accordance with generally accepted standards in Consultant's profession. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all services performed by Consultant. Consultant shall, without additional compensation, correct or revise any error or deficiencies in the services that are caused by Consultant's negligence. Client's review, approval, acceptance of, or payment for, any of the services shall not be construed to waive any of Client's rights under this contract or of any cause of action arising out of Consultant's services. In the event of any breach of this contract by Consultant or negligent performance of any of the services, Client's cause of action against consultant shall not be deemed to accrue until Client discovers such breach or negligence, or should have, with reasonable diligence, discovered such breach or negligence. The preceding sentence, however, shall not be construed to allow Client to prosecute an action against Consultant beyond the maximum time limitation provided by Oregon law. CONSULTANT INSURANCE Add the following to Article 5 of Part IV of this Agreement: Consultant is a "subject employer" as defined in ORS 656.005 and shall comply with ORS 656.017. Prior to commencing any work, Consultant shall certify to Client that Consultant has workers' compensation coverage required by ORS Chapter 656. If Consultant is a carder insured employer, Consultant shall provide Client with a certificate of insurance. If Consultant is a self-insured employer, Consultant shall provide Client with a certification from the Oregon Department of Insurance and finance as evidence of Consultant's status. Client, its officers, employees, and agents shall be named as additional insureds on Consultant's commercial general liability and comprehensive automobile liability insurance. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage will not be acceptable, except for professional liability coverage. Each certificate shall state that coverage afforded under the policy cannot be eaneeled or reduced in coverage until at least 30 days prior written notice has been given to Client. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. Special Provisions (Cont'd) Page 2 INDEMNIFICATION FOR UNINSURED RISKS Delete Article 6 of Part IV of this Agreement in its entirety. TERMINATION Delete Article 10 of Part IV of this Agreement and replace it with the following Article 10: There shall be a default under this Agreement if either party fails to perform any act or obligation required of that party by this Agreement within fifteen days after the other party gives written notice specifying the nature of the breach with reasonable particularity. If the breach specified in the notice cannot be completely cured within the fifteen day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the fifteen day period and thereafter proceeds with reasonable diligence and in good faith to cure the breach as soon as practicable. Notwithstanding the above paragraph, either party may declare a default, without allowing an opportunity to cure a breach, if the other party repeatedly breaches this Agreement. If a default occurs, before either party may bring an action in any court concerning any obligations under this Agreement, such party must first seek in good faith to resolve the issue through negotiation or through other nonbinding alternative dispute resolution. If a default occurs and it is not resolved under the above paragraph, the party injured by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon Law. All remedies shall be cumulative. Any litigation arising out of this Agreement shall be conducted in the Circuit or District Court of the State of Oregon for Jackson County. If Consultant defaults, Consultant's liability in any action filed under this section shall be limited to direct damages, which shall mean ail damages incurred by the Client as a result of nonconformity to customarily accepted good, sound, professional practices and procedures (including the correction or replacement of unsuitable, defective or damaged equipment, buildings or structures or parts thereof), arising out of Consultant's performance of this Agreement. All other damages such as loss of use, profits and like losses are consequential damages for which Consultant is not liable. Consultant's Special Provisions (cont'd) Page 3 liability also shall be limited to the amounts stated in Article 8 of the Agreement. and like loss of use, profits and like losses are consequential damages for which consultant is not liable. Consultant's liability also shall be limited to the amount stated in Article 8 of the Agreement. If Client defaults, Client's liability in any action filed under this section also shall be limited to direct damages. All other damages such as lost profits and like losses are consequential damages for which Client is not liable. In any legal proceedings brought by either party to enforce or interpret any of the terms or conditions of this Agreement, including the collection of any payments due hereunder, the preva/ling party shall be entitled to recover all reasonable costs incurred for the claim, including court costs and attorneys' fees. In addition to the right to terminate this Agreement under this Article, Client shall have the right to terminate giving Consultant written notice thirty days prior to the termination date. In the event that Client requests termination of services under this section prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the work performed to date of termination. If this Agreement is terminated under this section. Consultant shall be paid for all fees earned and costs incurred prior to the termination date and a reasonable termination charge which shall not exceed 30 percent of charges incurred to date of notice of termination. Consultant shall not be entitled to be compensated, however, for lost profits for work not performed. Consultant shall have the right to terminate without any payment obligation to Client for reprocurement costs in the event of a conflict of interest or other ethical obligation requiring termination or suspension, or the inability of Consultant to perform its services in accordance with generally accepted professional practices, due to the actions of the Client. REUSE OF WORK PRODUCES Delete the first sentence of Article 11 of Part IV of this Agreement and replace it with the following text: All documents, including original drawings, estimates, specifications, field notes and other data prepared by Consultant under this Agreement ("Work Products") shall become the property of the Client. Consultant will retain copies of the Work Products. Special Provisions (cont'd) Page 4 DISPUTE RESOLUTION Delete Article 15 of Part IV of this Agreement in its entirety. MISCELLANEOUS Delete paragraph (c) of Article 16 of Part IV of this Agreement and replace it with the following paragraph (c): This Agreement shall be governed by and construed in accordance with laws of the State of Oregon. Consultant shall promptly observe and comply with all present and future laws, orders, regulations, rules and ordinances of federal, state, County and Client governments with respect to the services including, but not limited to, provision of ORS 279.312, 279.314,279.316 and 279.320. Pursuant to ORS 279.316 (2) any person employed by Consultant who performs work under this Agreement shall be paid at least time and a half pay for all overtime in excess of 40 hours in any one week, except for persons who are excluded or exempt from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209. ASSIGNMENT AND SUBCONTRACTS Add the following new Article 17 to Part IV of this Agreement: 17. Assignment and Subcontracts Consultant shall not assign this Agreement or subcontract any portion of the work, except as set forth in Consultant's proposal for the work dated September 1991, without written consent of the Client. Any attempted unauthorized assignment or subcontract without written consent of Client shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the Client of any assignment or subcontract shall of create any contractual relation between the assignee or subcontractor and the Client.