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HomeMy WebLinkAbout1986-050 McNamara EngineeringAGREEMENT FOR ENGINEERING SERVICES This Agreement, made and. entered into the 22nd day of ~)~cembcr , 1986, by and between James A. McNamara, P.E., McNamara Engineering and Construction Co., hereinafter referred to as "Engineer", and The City of Ashland hereinafter referred to as "Owner"; WI TNE S SETH: THAT WHEREAS, Owner intends to construct the Hosler Dam Outlet Modifications on property located in the County of Jackson, City of Ashland, Oregon, and desires the services of Engineer in connection therewith; AND WHEREAS, Engineer is able and willing to perform the various professional engineering services in connection with the inspection of said construction project; AND WHEREAS, it is the mutual desire of the parties hereto that the understandings between them be set forth in this instrument so as to avoid future disputes and misunderstandings; NOW THEREFORE, in consideration of the mutual covenants and agree- ments 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. Meet with the Contractor, Design Engineer and Owner to determine areas and extent of responsibility, scheduling of work and resulting needs for inspection, levels of inspection inten- sity, 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 the Engineer with the technical require- ments of subject project. -1- 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 ~egular administrative and technical reports including a complete photographic record as required to disseminate current progress in formation and to provide an historical accounting of all construction work. 5. Establish procedures for resolution of discrepancies between approved methods and contract documents and the actual construc- tion work and product. 6. Resolve minor questions and interpretations of the contract documents in the field, and act as a liaison between all parties concerned on major questions and interpretations. 7. Enforce contract provisions as Owner's representative on site. 8. Provide advice to Owner concerning the need for additional expertise and consultation. 9. Review work completed by Contractor and make recommendations for payments. 10. Review Contractor's claims for merit and make recommendations 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 completeness and suitability. Advise the City of any potential delays or schedule problems. 13. Insure that adequate testing is performed to insure quality control of all concrete designs and operations. 14. Make recommendations to the City for final acceptance of the work. 15. Certify to the completeness of construction record 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 Administrative Tribunals on matters relating to the project, b) Appearances before Courts or -2- 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: Owner will be billed on an hourly charge basis pursuant to the attached schedule for all basic services rendered. Payment for additional services 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 itemiza- tion of services rendered and time expended for each of the services. 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 adequacy of the contract documents to be prepared by Design Engineer, Morrison-Knudsen Engineers, the ability of the Contractor, Don Thompson, or the professional 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 provisions without accepting liability for the accuracy or sufficiency of the work of the Design Engineer, Contractor, or any other person. -3- 4. Attorney'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. McNamara Engineering and Construction ~a~s A. McNama'fa, 'P~E. City of Ashland L. Gordon Medaris, Mayor Nan E. Franklin, City Recorder -4- FEE SCHEDULE Labor Charges on Hourly Rate Rate for the project will be $18.00 per hour. This rate is inclusive, with no additional charges for mileage, travel time, overtime, evening or weekend work.