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HomeMy WebLinkAbout1984-008 Reeder Gulch FacilityJOHN CHMELIR'S SONS, COMPANY Civil/Structural Engineers Contractors Construction Managers 503-482-4226 P.O. Box 1177 Ashland, Oregon AGREEMENT FOR ENGINEERING SERVICES 97520 This Agreement, made and entered into the /~- day of 1~, by and between JOHN CHMELIR'S SONS COMPANY, an Oregon corporation, hereinafter referred to as "Engineer", and The City of Ashland hereinafter referred to as "Owner"; W I T N E S S E T H: THAT WHEREAS, Owner intends to construct the Reeder Gulch Hydroelectric Facility Generating Equipment, Contract #1 on property located in the County of Jackson, City of Ashland, State of Oregon, and desires the services of Engineer in connection therewith; AND WHEREAS, Engineer is able and willing to perform the various professional engineering services required in connection with the inspection of said construction project; AND WHEREAS, it is the mutual desire of the parties hereto that the understandings betweeen them be set forth in this instrument so as to avoid future disputes and misunderstandings; NOW THEREFORE, in consideration of the mutual ccovenants and agreements contained herein, the parties do hereby agree and bind themselves as follows: 1. Engineer's Performance: Engineer shall furnish the following basic services for the subject project: 1 1. Meet with the Contractor, Design Engineer, and Owner to determine areas and extent of responsibility, schedu].ing of work and resulting needs for inspection, levels of inspection intensity, notification procedures, and frequency and content of required reports. 2. Review Plans, Specifications, Shop Drawings, and other technical data submitted and approved by the Owner and Design Engineer to familiarize Engineer's personnel with the technical requirements of subject project. 3. Conduct timely inspections of construction work in progress and completed work to insure compliance with approved plans, specifications, and other technical literature. 4. Maintain and submit regular administrative and technical reports including a complete photographic record as required to dissemenate current progress in formation and to provide a historical accounting of all construction work. 5. Establish procedures for resolution of discrepencies betweeln approved methods and contract documents and the actual construction work and product. 6. Resolve minor questions and interperetation of the contract documents in the field, and act as liason between all parties concerned on major questions and interperetations. 7. Enforce contract provisions as owners representative on site. 8. Provide advice to owner concerning the need for additional expertise and consultation. 9. Review work completed by Contractor and make recom- mendations for payments. 10. Review Contractor's claims for merit and make re- commendations for equitable adjustments of the contract. 11. Assist the City in negotiations with Contractor concerning change orders or claims. 12. Review Contractor's construction schedule for com- pleteness and suitability. Advise the City of any pot- ential delays or schedule problems. 13. Insure that adaquate testing is performed to insure quality control of all concrete designs and operations. 14. Make recommendations to the City for final accep- tance of the work. 2 15. Certify to the completenesss of construction re- cord drawings to be submitted by the Contractor. It is anticipated that, as the need arises, Engineer may provide certain additional services but only upon receipt of specific written authorization from Owner; a) Preparation of necessary data and maps for appearances before Courts or Admini- strative Tribunals on matters relating to the project, b) Ap- pearances before Courts or Administrative Tribunals to provide testimony or argument relating to the subject project, c) Such other and further services as the parties shall agree upon in writing hereafter. 2. Compensation: A good faith estimate of the cost of Engineer's basic services is $15,000. It is expressly understood and agreed that said estimate is based upon the time demands anticipated by the parties and the final cost to Owner may vary significantly from this estimate. Owner will be billed on an hourly charge basis pursuant to the attached schedule for all basic services rendered. Payment for additional servies will be made pursuant to the same attached schedule unless the written authorization for such additional services specifies otherwise. Engineer shall render monthly billings which reflect an itemization of services rendered and time expended for each of the services. At such time as the billings reflect a debit balance, Owner shall begin making payment to Engineer and payment must be received by Engineer within 15 days of the date of each monthly billing. If Engineer fails to receive full payment by the due date for any billing, interest shall commence to accrue at the rate of 1-1/2% per month until payment is received. If Engineer fails to receive full payment for any monthly billing within 30 days of the billing date for any monthly billing, Engineer shall be entitled to suspend all further performance on behalf of Owner until full payment is received. At the conclusion of Engineer's performance hereunder, Engineer shall render a final billing and Owner shall make final payment upon receiving Engineer's final reports. 3. Representations and Warranties: Engineer specifically represents that all of Engineer's work product will conform to all existing governmental codes which are applicable. The Engineer assumes no liability for the adaquacy of the contract documents to be prepared by Design Engineer, Beck and Associates, the ability of the Contractor, Steek Electric, or the profes- sional responsibilities and legal liabilities of any of the parties. This contract shall not be construed such that Engineer is assuming any of the responsibilities or liabilities of the Design Engineer or Contractor. Engineer is serving as consultant to owner and will assist in the enforcement of the contract prowisions without accepting liability for the accuracy or sufficiency of the work of the Design Engineer, Contractor, or any other person. 4. At'torney's Fees: In the event of suit or action respecting any of the terms or provisions of this Agreement, or for rescission of same, the prevailing party shall be entitled to an award of reasonable attorney fees incurred at trial and on appeal. IN WITNESS WHEREOF, we have hereunto executed this Agreement on the date above mentioned. JOHN CHMELIR SONS COMPANY CiT'~ LIR', PE "' OF ASHLAND ~ L. Gordon Medaris, Mayor Nan E. Franklin, City Recorder JOHN CHMELIR'S SONS, COMPANY Civil/Structural Engineers Contractors Construction Managers 503-482-4226 P.O. Box 1177 Ashland, Oregon 97520 BEGINNING JANUARY 1, 1983 FEE SCHEDULE LABOR CHARGES ON HOURLY RATES Engineer I - (Testify) Engineer II - primary design requiring P.E. Stamp -Review - Owner Representative -Inspection by P.E. Engineer III - Design not requiring a P.E. Stamp Engineer IV - Research - Coordination Planner Inspector* Professional Engineer Technician Draftsman-design Draftsman Clerical Mileage rate Miscellaneous costs and expenses Hourly Rate $48.00 $41.00 $35.00 $30.00 $35.00 $41.00 $35.00 $28.00 $21.00 $17.60 $.35/mile cost+10% Overtime and weekend work will be charged at time and one-half * 2 Hour minimum per call.