OBEC Consulting Engineers - C120009 City of Tigard
CONTRACT CHANGE ORDER/ 1 arsem'Hall Blvd.
Tiggardd, Oregon 97223
i - (503) 639-4171
AMENDMENT 4 SUMMARY FORM PhoneFax- (503) 684-7297
wvrwtt and-or.Toy
Project Title: Main Street Bride Repair Design Project Manager: Kim McMillan
OBEC Consulting Engineers Original Contract #: C120009
Effective Dates: September 16, 2011 Chane Order/Amendment Amount:
Accounting String: 500-8000-56005-93011-130 1 Amendment Percentage Running Total:
AMENDMENT DETAILS
Change in date only
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
Contract date will need to be extended because consultant will need to be on-board throughout
design and construction. Construction on this project has been delayed because of on-going negotiations for
easements with 2 property owners. Once easements are acquired, project can move forward.
QUESTING PROJECT MANAGER A_PDROYING CITY AFF
t
Signature _ Si a e _
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms See Change Order No. 1 Attached
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
MAIN STREET BRIDGE REPAIR DESIGN
CONTRACT#C120009
AMENDMENT #4
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and OBEC Consulting Engineers, hereinafter referred to as Contractor, entered into on the 16`"
day of September,2011,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed,together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire unless otherwise terminated or extended,on june 30, ,August 31, June 30,2014.
All services shall be completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CI OF�TIG �� OBEC CONSULTING ENGINEERS
Signature Signature
Printed Name Printed Name
Date Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
MAIN STREET BRIDGE REPAIR DESIGN
CoNTRAcr#C120009
AMENDMENT #X 3
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and OBEC Consulting Engineers, hereinafter referred to as Contractor, entered into on the 16th
day of September,2011,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire,unless otherwise terminated or extended, onjtme 30,2013 August 31, 2013. Allservices shall
be completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD OBEC ONSULTING ENGINEERS
Signature n Signature /,
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Printed Name Printed Name
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Date Date
City of Tigard
13125 SW Hall Blvd.
* CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT 2 .SUMMARY FORM Phone- (5503) 639-3171
Fax- (503) 684-7297
www.ti and-or. ov
Project Title: Main Street Bridge Repair Design Project Manager: Kim McMillan
Contractor: OBEC Consulting Engineers Original Contract#: C120009
Effective Dates: September 16, 2011 Chane Order/Amendment Amount: $4,532.00
Accounting Strin :500-8000-56005-93011-500-130 Amendment Percentage Running Total: 42%
AMENDMENT DETAILS
Design for complete replacement of existing southern bride panel.
CHANGE ORDER DETAILS UNIT HRS UNIT$ TOTAL$
St. Project Manager 4 167.00 668.00
Sr Project Engineer 16 135.00 2,160.00
CAD Tech 2 20 71.00 1,420.00
Admin Asst. 3 4 71.00 284.00
TOTAL 4,532.00
REASONING FOR CHANGE ORDER/AMENDMENT
OBEC Consulting Engineers designed the replacement Main Street Bridge over Fanno Creek in 1991. The
structure is generaRy in very good condition, but the southern bride end has settled. The condition of the
existing southern bride end panel is unknown since it is covered by an asphalt concrete wearing surface, but it is
resumed to be cracked and heavily damaged by differential settlement.
REQUESTING PROJECT MANAGER R TY STAFF
Signature- Signature
JJ 1C1, 1'ti
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
MAIN STREET BRIDGE REPAIR DESIGN
C120009
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and OBEC Consulting Engineers, hereinafter referred to as Contractor, entered into on the 16'
day of September,2011,is hereby amended as follows:
COMPENSATION
City agrees to pay Contractor an amount not to exceed $10,704.00 Fifteen Thousand Two Hundred
Thirty Six and No/100 Dollars ($15,236.00),in accordance with the hourly rates provided as Exhibit 1 to
the original contract, for performance of services with the following addition to the Scope of Work:
1. Design for complete replacement of existing southern bridge panel
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF T OBEC CO ULTING ENGINEERS
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Signature i tore
Printed Name Printed Name
tr3ta�� 3��13
Date Date
March 1, 2013
Mike Stone, P.E.
City Engineer
Public Works Engineering Division
City of Tigard
1 31 25 SW Hall Blvd.
Tigard, Oregon 97223
RE: Main Street Bridge Design Repair
Amendment No. 2
Scope of Work and Fee Estimate
OBEC Job No. 0360-0007.00
Dear Ted:
OBEC Consulting Engineers appreciates the opportunity to provide you with engineering for the
modification and rehabilitation of the Main Street Bridge over Fanno Creek. This letter proposal
represents our understanding of the project and scope of work required for this bridge
rehabilitation project.
Proiect Background and Understanding
OBEC Consulting Engineers designed the replacement Main Street Bridge over Fanno Creek in
1991. The structure is generally in very good condition, but the southern bridge end has settled.
The condition of the existing southern bridge end panel is unknown since it is covered by an
asphalt concrete wearing surface, but it is presumed to be cracked and heavily damaged by
differential settlement.
The City of Tigard also plans to reroute utilities in the vicinity of the bridge, and attach new
utilities to the underside of the structure on the west side.
Scope of Work
OBEC proposes to add the following scope of work to the current contract for the project. The
following are the additional tasks that the City has requested OBEC to perform. The various tasks
are shown with detailed budget hours on the attached spreadsheet.
Task 1 — Project Management
The major objective of this task is to schedule, coordinate, supervise project work, and establish
lines of communications between OBEC and the City of Tigard. This task was previously done by
Brian Nicholas and will now be done by Douglas Kirkpatrick.
Task 2.4—Additional Design
Currently OBEC is under contract to provide a modification and rehabilitation design, cost
estimate and construction drawings for a modification of the existing end panel. This option,
which will be called Option 1, consists of partial removal and replacement of the end panel
affected by the sewer improvements. An Option 2 has been created which will consist of a two
stage replacement of the entire end panel. OBEC will design, cost estimate and provide
construction drawings for this option in a plan set. The intention of the City is to bid both
alternatives. The assumed additional construction plan prepared by OBEC will be the following:
Stage End Panel replacement drawing
Estimated Fee
We propose to perform the modification and rehabilitation design on a time and materials basis
with a not-to-exceed amount of $4,532 in accordance with the attached budget estimate
spreadsheet.
We hope that this letter proposal provides you with the information that you may require for the
acceptance of this letter proposal. Please contact us if you have any questions or require
additional information. We look forward to working with you on this project and OBEC sincerely
appreciates your interest in OBEC for this project.
Sincerely,
Douglas Kirkpatrick, P.E.
Sr. Project Manager
CIY OF TIGARD OBEC Job No. 360-007.00
MAIN STREET BRIDGE OVER FANNO CREEK
OBEC CONSULTING ENGINEERS AMENDMENT NO. 2
MARCH 1, 2013
SR PROJECT SR PROJECT SURVEY PROJECT SURVEY CAD ADMIN SUBTASK TOTAL TOTAL
TASKS MANAGER ENGINEER MANAGER SURVEYOR TECH 3 TECH 2 ASST.3 TOTAL HOURS LABOR
Task 1 -Project Management and Coordination
1.1 Project Management and Coordination 4 4 $ 668
Task Subtotal 4 4 4 $ 668
Task 2-Bridge Design
2.1 Site Visit $
2.2 Prepare Bridge Plans $
2.3 Prepare Cost Estimate $
2.4 Additional Design 16 20 4 40 $ 3,864
Task Subtotal 16 20 4 40 $ 3,864
TOTAL HOURS 4 16 20 4 44 4
AVERAGE HOURLY RATES $ 167 $ 135 $ 121 $ 95 $ 86 $ 71 $ 71
TOTAL LABOR ESTIMATE $ 668 $ 2,160 $ - $ - $ - $ 1,420 $ 284 $ 4,532
MISCELLANEOUS EXPENSES $
TOTAL OBEC ESTIMATE $ 4,532
Main Street Amendment 2 Budget.xls Task Hours Matrix 3/6/2013
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT
MAIN STREET BRIDGE REPAIR DESIGN
0120009
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and OBEC Consulting Engineers, hereinafter referred to as Contractor, entered into on the 16'
day of September, 2011,is hereby amended as follows:
1. The above Engineering Services Agreement with OBEC Consulting Engineers shall be amended to
extend the completion of this project to:June 30,2013.
2. In performing the above,it is understood and agreed that all other terms and conditions of the original
contract are still in effect.
3. Compensation for this amendment remains as follows:
Original Contract Amount $ 10,704.00
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD (CONTRACTOR)
Signature ` Signature
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Printed Name Printed Name
S>12-1 Z0(2 - 9 -14 - 12.
Date Date
Contract# C120009
CITY OF TIGARD, OREGON
ENGINEERING SERVICES AGREEMENT
MAIN STREET BRIDGE REPAIR DESIGN
THIS AGREEMENT made and entered into this 16"' day of September, 2011, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and OBEC Consulting Engineers,
whose authorized representative is Peter R. Pagter, P.E., S.E., and having a principal being a registered
engineer of the State of Oregon, hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2011-2012 Fiscal Year budget provides appropriations for design services for the
modification and rehabilitation of the Main Street Bridge over Fanno Creek;and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the public works improvement program of the City; and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for the
project described in this Agreement, and the Engineer is willing and qualified to perform such services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
1. Engineer's Scope of Services
The Engineer shall perform professional engineering services relevant to the Project in accordance
with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached
hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless otherwise
terminated or extended, on completion of the work or June 30, 2012, whichever comes first. All
work under this Agreement shall be completed prior to the expiration of this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 of this Agreement, and
for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement,
which shall constitute full and complete payment for said services and all
expenditures which may be made and expenses incurred, except as otherwise
expressly provided in this Agreement, The Basic Fee shall not exceed the amount of
Ten Thousand Seven Hundred Four and No/100 Dollars ($10,704.00) without prior
written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Engineer and is not necessarily related to the
estimated construction cost of the Project. in the event that the actual construction
cost differs from the estimated construction cost, the Engineer's compensation will
not be adjusted unless the Scope of Services to be provided by the Engineer changes
and is authorized and accepted by the City.
Engineering Services Agreement—Main Street Bridge Repair Design Page 1
Contract# C120009_
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings shall
be submitted by the Engineer periodically, but not more frequently than monthly. Payment
by the City shall release the City from any further obligation for payment to the engineer for
service or services performed or expenses incurred as of the date of the statement of
services. Payment shall be made only for work actually completed as of the date of invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for the City
the professional and technical services based on the hourly rate schedule as described in
Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other than lump
sum fees to substantiate all charges. For such purposes, the books of account of the
Engineer shall be subject to audit by the City. The Engineer shall complete work and cost
records for all billings on such forms and in such manner as will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as designated by
the Internal Revenue Service, or social security number,as the City deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of Engineer
or all sums which Engineer agrees to pay for such services and all moneys and sums
which Engineer collected or deducted from the wages of employees pursuant to any
law, contract or agreement for the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying services or
materials for work covered under this contract. Engineer shall not permit any lien or
claim to be filed or prosecuted against the City on any account of any service or
materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claiun for labor,
materials, or services furnished to Engineer, sub-consultant or subcontractor by any
person as such claim becomes due, City may pay such claim and charge the amount
of the payment against funds due or to become due to the Engineer. The payment
of the claim in this manner shall not relieve Engineer or their surety from obligation
with respect to any unpaid claims.
Engineering Services Agreement--Main Street Bridge Repair Design Page 2
Contract# C120009
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as instruments
of service, are and shall remain, the property of the Engineer; however, the City shall be
furnished, at no additional cost, one set of previously approved reproducible drawings, on 3
mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the
original drawings of the work. The City shall have unlimited authority to use the materials
received from the Engineer in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by the
Engineer pursuant to this Agreement, and also mare available any other maps, records, or
other materials available to the City from any other public agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests
which were developed in the course of work for the City and for which compensation has
been received by the Engineer at no additional expense to the City except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Engineer
shall be fully responsible for the acts or omissions of any subcontractors and of an persons employed by
them, and neither the approval by City of any subcontractor nor anything contained herein shall be
deemed to create any contractual relation between the subcontractor and City.
b. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but Engineer is
not subject to the direction and control of the City. Engineer shall be an independent
contractor for all purposes and shall be entitled to no compensation other than the
compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges
Engineer's status as an independent contractor and acknowledges that Engineer is not an
employee of the City for purposes of workers compensation law, public employee benefits
law, or any other law. All persons retained by Engineer to provide services under this
contract are employees of Engineer and not of City. Engineer acknowledges that it is not
entitled to benefits of any kind to which a City employee is entitled and that it shall be solely
responsible for workers compensation coverage for its employees and all other payments
and taxes required by law. Furthermore, in the event that Engineer is found by a court of
law or an administrative agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
Engineer under the terms of the agreement, to the full extent of any benefits or other
remuneration Engineer receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required to make (to Engineer or to a third party)
as a result of said finding.
Engineering Services Agreement—Main Street Bridge Repair Design Page 3
Contract# C120009
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from the Engineer, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically declared
in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed
his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar
year by any public employer participating in the Retirement System.
F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior to
delivering services under this Agreement.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS
30.265,
7. Indemnity
A. The City has relied upon the professional ability and training of the Engineer as a material
inducement to enter into this Agreement. Engineer represents to the City that the work
under this contract will be performed in accordance with the professional standards of skill
and care ordinarily exercised by members of the engineering profession under similar
conditions and circumstances as well as the requirements of applicable federal, state and
local laws, it being understood that acceptance of an Engineer's work by the City shall not
operate as a waiver or release. Acceptance of documents by City does not relieve Engineer
of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless
the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all
expenses incidental to the investigation and defense thereof, of whatsoever nature, including
intentional acts resulting from or arising out of the activities of Engineer or its
subcontractors, sub-consultants, agents or employees under this contract. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality
or invalidity shall not affect the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of
Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses
incidental to the investigation and defense thereof, arising out of the professional negligent
acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or
employees in performance of professional services under this agreement. Any design work
by Engineer that results in a design of a facility that is not readily accessible to and usable by
individuals with disabilities shall be considered a professionally negligent act, error or
omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or indirectly,in
whole or in part, from the quality of the professional services provided by Engineer,
Engineering Services Agreement--Main Street Bridge Repair Design Page 4
Contract## C120009
regardless of the type of claim made against the City. A claim for other than professional
responsibility is a claim made against the City in which the City's alleged liability results from
an act or omission by Engineer unrelated to the quality of professional services provided by
Engineer.
S. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly
out of Engineer's activities or work hereunder, including the operations of its subcontractors of any
tier. Such insurance shall include provisions that such insurance is primary insurance with respect to
the interests of City and that any other insurance maintained by City is excess and not contributory
insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract,Professional Liability Insurance covering any damages caused by an error, omission
or any negligent acts. Combined single limit per occurrence shall not be less than
$1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and
filed on a "claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at architect's expense, and keep in effect during the term of the
contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an "occurrence" form including coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000.
D. Workers' Compensation Insurance
The Engineer, its subcontractors, if any, and all employers providing work, labor or materials
under this Contract are subject employers under the Oregon Workers' Compensation Law
and shall comply with ORS 656.017,which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must
provide Oregon workers' compensation coverage for their workers who work at a single
Engineering Services Agreement--Main Street Bridge Repair Design Page 5
Contract# C120009
location within Oregon for more than 30 days in a calendar year. Engineers who perform
work without the assistance or labor of any employee need not obtain such coverage. This
shall include Employer's Liability Insurance with coverage limits of not less than $100,000
each accident.
E. Additional Insured Provision
The Commercial General Liability Insurance Policy and other policies the City deems
necessary shall include the City its officers, directors, and employees as additional insureds
with respect to this contract. Coverage will be endorsed to provide a per project aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be requited at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will provide such
if less than 24 months. Engineer will be responsible for furnishing certification of Extended
Reporting coverage as described or continuous "claims made" liability coverage for 24
months following contract completion. Continuous "claims made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a per project
aggregate.
G. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent not
to renew insurance coverage without 30 days written notice to the City. Any failure to
comply with this provision will not affect the insurance coverage provided to the City. The
30-day notice of cancellation provision shall be physically endorsed on to the policy.
H. Insurance Carrier Rating
Coverage provided by the Engineer must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)
with an unacceptable financial rating.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the requited
certificates have been received and approved by the City. The certificate will specify and
document all provisions within this contract. A renewal certificate will be sent to the address
below ten days prior to coverage expiration.
J. primary Coverage Clarification
The parties agree that Engineer's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance requited in this section.
K. Cross-Liabil4 Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability, pollution, and errors and omissions policies requited by this contract.
Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their
limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy,
Engineering Services Agreement—Main Street Bridge Repair Design Page 6
Contract# C120009
certified as a true copy by an authorized representative of the issuing insurance company, or at the
discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance
of such insurance shall be forwarded to:
City of Tigard
Attn: Risk Management Office
13125 SW Hall Blvd
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Thirty days
cancellation notice shall be provided City by certified mail to the name at the address listed above in
event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any
damage,injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph, it
shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in fonds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
3) If any license or certificate required by law or regulation to be held by Engineer, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if
there is an assignment for the benefit of creditors of Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Engineer, may terminate
the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Engineer fails to perform any of the other provisions of this Agreement,or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten days or such other period as City may authorize.
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Contract# C120009
3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Engineer shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement. If City terminates this Agreement
under paragraph (B), Engineer shall be entitled to receive as full payment for all services
satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the
total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear
to the total services otherwise required to be performed for such total fee; provided, that
there shall be deducted from such amount the amount of damages, if any, sustained by City
due to breach of contract by Engineer. Damages for breach of contract shall be those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation
at trial and upon appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of this
Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment
to any extent of its rights to assert or rely upon such terms or rights on any future occasion.
12. Method and Place of Giving Notice Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery, mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments,and other information:
`'`CI'PY OF TIGAI2D r ,.OB'EC Cp�T,Si3I.TIiVG ENGINEERS "`
_Attn: Jeff Peck,Sr Engineering Tech Attn: Peter R.Pagter,P.E.,S.E. _
Address: 13125 SW Hall Blvd. Address: 5005 SW Meadows Road,Suite 120
Tigard,Oregon 97223 Lake Oswego,Oregon 97035-4288
Phone: 503-718-2466 Phone: 503-620-6103
Fax: 503-624-0752 Fax: 503-620-8416
Email Address: 'e£f ti a. - x. ov Email Address: Contactperson's email
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and
payments shall be deemed given at the time of actual delivery. Changes may be made in the names
and addresses of the person to whom notices, bills and payments are to be given by giving written
notice pursuant to this paragraph.
13. Merge
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the City by an
Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer
shall not engage services of an engineer and/or other professional who individually, or through
members of his/her same firm, represents clients on matters contrary to City interests.
Engineering Services Agreement—Main Street Bridge Repair Design Page 8
Contract# C120009
Should the Engineer represent clients on matters contrary to City interests or engage the services of an
engineer and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests,Engineer shall consult with the appropriate City
representative regarding the conflict.
After such consultation, the Engineer shall have fourteen (14) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B - 3) of this agreement.
15. Force Majeure
Neither City nor Engineer shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided
that the parties so disenabled shall within ten days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and allregulations and administrative rules established pursuant
to those laws.
17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the project manager may authorize extra (and/or change) work. Failure of Engineer to secure
authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or
contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no
compensation whatsoever for the performance of such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Lave
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work
under this Agreement,including those set forth in ORS 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
Engineering Services Agreement—Main Street Bridge Repair Design Page 9
Contract# C120009
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
22. Access to Records
City shall have access to such boobs, documents, papers and records of Engineer as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
23. Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract period.
Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
25. Industrial Accident Fund Payment
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor
or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Engineer, by the signature of its authorized representative, hereby acknowledges that he/she has read
this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD OBEC CONSULTING ENGINEERS
By: Authorized City Rep se tative B : Authorized Co a or epresentative
,0/
--/ I '/4&
Date Date
Engineering Services Agreement—Main Street Bridge Repair Design Page 10
Contract# C120009
EXHIBIT 1
DUTY OF ENGINEER
The Engineer shall render professional engineering services as described below:
1. Project Background and Understanding
Contractor designed the existing Main Street Bridge over Fanno Creek in 1991. The structure is
generally in very good condition, but the southern bridge end has settled and the bridge joints have
failed. The condition of the existing southern bridge end panel is unknown since it is covered by an
asphalt concrete wearing surface, but it is presumed to be cracked and may be damaged by
differential settlement.
The City of Tigard also plans to reroute utilities in the vicinity of the bridge, and attach new utilities
to the underside of the structure on the west side.
2. Scope of Work
Contractor shall provide the following work for developing construction plans for the modification
and rehabilitation of the existing structure. The following are tasks have been identified to be
performed.
Task 1 —Project Management and Coordination
The major objective of this task is to schedule, coordinate, supervise project work, and establish
lines of communications between Contractor and City.
Task 2—Bridge Desire
Contractor shall perform a site visit and prepare structural repair and modification designs for the
following design features:
A. Modify / repair an existing end panel to accommodate construction of a new sanitary sewer
manhole and subsurface piping in the vicinity of the end panel,including joint repair details.
B. Remove and reconstruct the west sidewalks, combination bridge / pedestrian rail, and
underlying end panel to accommodate installation of a new 8" waterline to be mounted in an
existing bridge-mounted utility raceway, including an engineer's estimate of construction costs
and associated construction specifications for incorporation by the City in the overall Main
Street bid documents.
Assumptions
S
■�Specifications tions will conform to ODOT's Standard Specifications for Construction.
■ Contractor will provide interim progress plan submittals as requested by the City.
r Final plans and specifications shall be stamped by an Oregon-licensed professional engineer.
■ Anticipated plan sheets include:
1. Plan and Elevation [including End Panel Plan,Typical Section and Repair Details],
2. Sidewallr.Construction Details, and
3. Miscellaneous Details. The maximum number of sheets is assumed to be three (3) sheets.
3. Fee and Hourly Rates
Contractor agrees to perform the modification and rehabilitation design on a time and materials
basis with a not-to-exceed amount of $10,704 in accordance with the attached budget estimate
spreadsheet with 2011 OBEC standard billing rates.
.,Engineering Services Agreement—Main Street Bridge Repair Design Page 11
Contract# C120009
2011 OBEC Consulting Engineers Salary Grade & Hourly Rates
Salary Salary
Gradg PersonneGrade
l Classification Personnel:Classification.
23 Principal $175
Design Construction
22 Sr. Project Manager/Principal Engineer $167 23 Chief Construction Engineer $175
21 Sr. Project Manager/Group Manager 5 $146 22 Construction Manager/ Principal Engineer $167
20 Project Manager/Group Manager 4 $135 21 Construction Group/Project Manager 5 $146
20 Sr. Specifications Engineer $135 20 Construction Group/Project Manager 4 $135
20 Sr. Project Engineer $135 19 Assistant Project Manager $121
19 Project Engineer 4 $121 18 Sr. Engineering Technician $107
19 Specifications Engineer 4 $121 18 Field Engineer 3 $107
18 Project Engineer 3 $107 17 Engineering Technician 3 $95
18 Specifications Engineer 3 $107 17 Field Engineer 2 $95
17 Specifications Engineer 2 $95 16 Engineering Technician 2 $86
17 Design Engineer 2 $95 14 Engineering Technician 1 $71
17 CAD Manager $95
17 Sr. Design Technician $95 Administration
16 Environmental Specialist $86 21 Director Financial Operations $146
16 Design Engineer 1 $86 17 IS Manager $95
16 Graphics Manager $86 15 Sr. IS Specialist 3/Staff Accountant $78
16 Sr. CAD Technician $86 13 IS Specialist 2 $63
14 CAD Technician 2 $71 18 Contract Administrator $107
12 CAD Technician 1 $60 14 Administrative Assistant 3 $71
12 Engineering Intern $60 13 Branch Office Administrator $63
13 Accounting Specialist 3 $63
Survevinn 12 Accounting Specialist 2 $60
22 Principal Surveyor $167 12 Secretary 2 $60
19 Survey Group Manager $121 it Receptionist 1 $51
18 Sr. Project Surveyor $107
17 Project Surveyor $95
16 Survey Technician 3 $86
14 Survey Technician 2 $71
12 Survey Technician 1 $60
it Survey/Field Intern $51
Travel/Reimbursable Expenses: Equipment Charges:
Mileage: ODOT Current Rate Special equipment @ direct rental cost
Reimbursable job costs will be invoiced at cost.
Engineering Services Agreement--Main Street Bridge Repair Design Page 12