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.