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WHPacific ~ CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT LEGAL DESCRIPTIONS AND EXHIBIT MAPS FOR FOURTEEN WATER ASSET PARCELS THIS AGREEMENT made and entered into this day of Map,2010 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City," and WH Pacific, hereinafter called "Contractor." Vbi / Gb`;Ll( RECITALS WHREAS, the City's budget provides for services to prepare legal descriptions and exhibit maps for fourteen water asset parcels;and WHEREAS City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor;and WHEREAS City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth; THEREFORE the Parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor shall initiate services immediately upon receipt of City's notice to proceed and an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A,a letter from WH Pacific dated May 27,2010. The fourteen water asset parcels in are listed in Exhibit B, "Proposed Sites for Future Tenancy in Common Agreements." These documents, by this reference, are made a part hereof with the same legal force and effect as if set forth herein in full. Any additional work assigned by the City will be contained in subsequent scope of work as needed. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on June 1, 2011. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor in accordance with Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Contractor by the City shall not exceed Nine Thousand and Twenty- Six Dollars ($9,026.00) if all tasks are completed. Any and all payments made to the Contractor shall be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor,with the exception of expenses identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 1 1 D. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Contractor shall not pem-iit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against current or future funds due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. H. Contractor 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. 1. Contractor 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 Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor 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. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract 4. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans,correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to 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 subcontractor, Contractor shall be fully responsible for the acts or omissions of any subcontractors and of all 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. Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 2 I 1 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor 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 Contractor or to a third party)as a result of said finding. B. The undersigned Contractor 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 Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Contractor 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. C. Contractor certifies tliat it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Contractor's work by City shall not operate as a waiver or release. Contractor agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability,causes of action,claims,losses,damages,judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. 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. Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 3 8. INSURANCE Contractor 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 Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor and its subcontractor shall provide at least the following limits and coverage: A. Commercial General Liability Insurance Contractor shall obtain, at contractor'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 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage(Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Commercial Automobile Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000. C. Workers'Compensation Insurance The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out- o£-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. D. Additional Insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the City,its officers, directors, and employees as additional insureds with respect to this contract. E. 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 Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 4 comply with this provision will not affect the insurance coverage provided to the City. The 30-days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating Coverage provided by the Contractor 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. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required 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 above address 10 days prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification The parties agree that Contractor'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 required in this section. J. Cross-Liability 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 required by this contract. Contractor's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, 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: Greer Gaston,Management Analyst 13125 SW Hall Blvd. Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 9. METHOD&PLACE OF SUBMITTING NOTICE,BILLS AND 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: Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 5 1 CITY OF TIGAPD WH PACIFIC Attn: Brian Rager, Assistant Public Attn: Woodi Davis,Director of Survey Works Director Address: 13125 SW Hall Blvd. Address: 9755 SW Barnes Road, Suite 300 Tigard Oregon 97223 Portland OR 97225 Phone: (503) 718-2471 Phone: (503) 626-0455 Fax: (503) 684-8840 Fax: (503) 526-0775 Email Address: brianr(n tigard-or.gov Email Address:WDavisQwhpacific.com 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. 10. MERGER 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. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor that does not represent clients on matters contrary to City interests. Further, Contractor shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firth, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate City representative regarding the conflict. After such consultation, the Contractor shall have seven (7) 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 13.13.3 of this agreement. 12. 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 Contractor. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor,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 funds. Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 6 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 Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under Section 13.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 Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Contractor 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 (10) days or such other period as City may authorize,or 3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor 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 Section 13.B.,Contractor 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 Contractor 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 Contractor. 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. 14. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 15. FORCE MAJEURE Neither City nor Contractor 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 (10) days from the beginning of such delay, notify the Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 7 1 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-WAIVER The failure of City to insist upon or enforce strict performance by Contractor 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. 17. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Contractor 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. 19. EXTRA(CHANGES)WORK Only the City's Utility Division Manager,John Goodrich, may authorize extra (and/or change) work. Failure of Contractor 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 Contractor thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Contractor for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Contractor from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. 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. 23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 8 I and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 24. CONFLICT BETWEEN TERMS It is agreed by and between the Parties that should there be any conflict between the terms of this Agreement and Exhibit B, the Contractor's proposal, this Agreement shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. It is further expressly agreed by and between the Parties that should there be any conflict between the terms of Exhibit A, Services to Be Provided & Fee Schedule, and Exhibit B, the Contractor's proposal, Exhibit A shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT Contractor 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. Contractor 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. 26. 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 27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable, seller must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sutras withheld from employees pursuant to ORS 316.167. 28. HOURS OF LABOR If labor is performed under this order, then no person shall be employed for more than eight (8) hours in any one day,or forty (40) hours in any one week,except in cases of necessity,or emergency or where the public policy absolutely requires it, and in such cases, except cases of contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least time and a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal holidays as specified in ORS 279C.540.In cases of contracts for personal services as defined in ORS 279A.0551 any labor shall be paid at least time and a half for all hours worked in excess of forty (40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209. 29. COMPLETE AGREEMENT This Agreement and attached exhibits constitute 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 Contractor, by the Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 9 1 signature of its authorized representative, hereby acknowledges that he 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 Contractor has executed this Agreement on the date hereinabove first written. Authorized y Tigard's Local Contract Review Board: Not Applicable City of Tigard WH Pacific By: DennislKoellermeier,Public Works Director y:Authorized Agent of Contractor &Z/7/(y 6 1;?,o OCA Date Date Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels Page 10 r a City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Phone:503-639-4171 Fax:503-624-0752 Work Order Agreement No. 1-PW This Agreement hereby incorporates by this reference all the terms and conditions of the Agreement for Civil Engineering Services (File No. 0590 & ST05-18) between the City and the Engineer approved by the City Council on April 25,2006. Engineer: Project Name and Number: W H Pacific Inc Water Line Design at Hwy 99 and Greenburg Rd. 9755 SW Barnes Road Suite 300 Portland, OR 97225 File No. ST05-18 Phone: 503-626-0455 Work Order Agreement No. 1-PW Fax: 503-526-0775 Services shall not occur until the Notice to Proceed is issued. Statement of Work and Compensation in the amount of$46,193.16 are attached and incorporated by this reference. �i,Q 31Lt,19 Agreement approved by Local Contract Review Board on: N/A �Rm Work shall be completed by: Expected completion byV- 2009 W-�H PACIFIC INC /� It7An! VSbR^� biker-A& d fi 724,4sWL nn) 02-5 LO J Print N ^Cl)� Title Date �_ CITY OF TIGARD By: ob n,P.E.,CIP Manager Date V// Az By: De 7eier,Director of Public Works I Date By: Craig rosser,City Manager Date 000cuments and Settings\markv\My Documents\WORK ORDER AGREEMENT 99 and Greenburg water line design.docx i Waterline Design For OR 99W (SW Greenburg Rd. to SW Hall Blvd.) SW Greenburg Rd. (OR 99W to North of SW Center St.) SW Main St. (OR 99W to SW Scoffins St.) City of Tigard, Oregon Introduction/Background: OR 99W (Greenburg to Hall) The City of Tigard (City) has been involved with Washington County (County) and the Oregon Department of Transportation (ODOT) on the Highway 99W/SW Hall Boulevard Intersection Improvement Project since its conception. The project will include widening the south side of 99W between Greenburg Road and Highway 217. Along this stretch, the City has an old 12" cast iron waterline that will be impacted by the construction improvements. The project presents an opportunity to replace the old waterline. SW Greenburg Rd./SW Main St./OR 99W The City of Tigard and WHPacific have recently completed 50% preliminary design for roadway improvements to widen Greenburg Road and Main Street, and possibly along OR 99W. The City has an old 8"cast iron waterline that runs diagonally through Liberty Park between OR 99W/Main St. and Scoffins St. Intersection improvements will likely cause some impacts to the water main at the SW corner of the Main/99W intersection and Main. Other likely impacts include street trees and landscaping,light poles,potential water quality filtration planters,and future Gateway features. The replacement of this line along the Main Street alignment is recommended for these reasons. The City also has an existing 6" cast iron on the west side of Greenburg Road that may also be impacted by the planned roadway widening improvements. There are also capacity issues with the size of this main. The main will likely need to be replaced from 99W north to the proposed roadway project limits, which is about 150' north of Center Street. Proposed Improvements: OR 99W (Greenburg to Hall) As part of Washington County's 99W/Hall Blvd. Intersection Improvement Project, the City of Tigard's Water Department is proposing to replace the existing old 12"cast iron pipe with a new 12" ductile iron pipe between Greenburg Rd. and Hall Blvd., which is about 700 feet. The waterline replacement work will be funded by the City's Public Works Water Department through an intergovernmental agreement. Design PS&E will be included in Washington County's Hall/99W Project and combined with Tigard's Greenburg/Main/99W Project. The combination of these projects will provide for economies of scale with cost,one contractor,and one construction project. PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page l of 7 SW Greenburg Rd./SW Main St./OR 99W An existing gas tax is providing funding specifically for the roadway and intersection improvement project at SW Greenburg Road, Main Street, and their intersection with OR 99W. Due to the proposed roadway widening and construction impacts,the old,existing and undersized 6"cast iron waterline in Greenburg Rd.will need to be replaced and upsized to a new 12"ductile iron pipe from the north side of 99W for about 370 feet to the north. In addition, the existing 8" cast iron pipe through Liberty Park will need to be replaced with an 8" ductile iron pipe. A replacement line running down Main would require about 460 feet of new pipe. Based on discussions with the City's water department,the existing 12"ductile iron main crossing 99W through a 24"steel casing would not need to be replaced. With the widening of 99W, the City may want to marginally extend the casing at each end. Detailed Work Scope: The following work scope outlines the tasks to be performed by WHPacific (WHP) for the City. References are also made to coordinating this work with the Greenburg/Main/99W and Hall/99W roadway design team and ODOT's project liaison,Sam Hunaidi. It is not known at this time exactly how the construction bidding process will occur,and the schedule. These will be defined during the coordination meetings. Proposed waterline size requirements are described above and will be verified by the City prior to design. This work scope has been developed assuming major expansion to the system will not be required. The scope includes designing the short casing extensions off 99W. Connections will be made to the side street waterlines through this corridor, with improvements generally limited to connections at the end of curb returns on side streets. The design and inclusion of other standard water main appurtenances such as blow-offs,valves,tees,crossings,meters are also included in this scope. It is assumed that the waterline design and installation will not require specialty design work,such as telemetry or special interties to major waterlines. The design will include connection of existing domestic services to both sides of the roadways and connecting any fire service supply lines to the new waterlines on these roads. These connections will be made using standard details from current City Water System Standards. The design process and schedule to prepare the construction documents for this contract will be parallel to, but somewhat independent of the two intersection design projects. Separate waterline construction plans will be included in the Hall/99W and Greenburg/Main/99W construction plans, under a separate schedule for tracking purposes. The design work will be completed using the base map and utility information already compiled and prepared during the survey for the two combined intersection projects. One additional day of survey time is assumed and included under the Additional Services Task in case there are additional water system elements that need to be tied in order to complete the design. Completion of survey work for potholing to tie in existing utilities and for the connections to the existing waterlines may likely be needed. It is assumed that the City of Tigard will complete the pothole work at these locations, with information provided for the depth, PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page 2 of 7 type of pipe, and location. This will be located using coordinate points established with the two current intersection projects. The construction plans will be prepared using the same plan scale and format as the roadway plans. The plans will be developed in Autocad at a 1"=20' scale(full size)and 1"=40' (half size)in order to coordinate the plans with the roadway project. As-built drawings will be prepared and provided to the City in electronic format and hardcopy. The proposed contract scope and budget is through the design and bid phase. Construction survey, engineering support and inspection services during construction are not part of this scope. The need for these services could be considered later in final design,prior to bid, and when the construction requirements are better defined. Services not included in this Scope of Work are geotechnical investigation and compaction testing during construction. The geotechnical study completed for the roadway design will be used in the waterline design. The testing for compaction will be part of the roadway construction contract. The following is the task breakdown of the scope elements to complete PS&E. Task 1—Proiect Management The duration of the project is assumed to be from February, 2009 to completion of design approximately in September,2009. The time period may fluctuate depending on how the right-of- way process goes for the HalU99W and Greenburg/Main/99W projects. This tasks includes all management and administration work. Periodic project meetings will be scheduled with the City to maintain progress on the design. This task includes attending and documenting the meetings and maintaining the document files for the project. The lead designer will participate in these meetings,as well as a representative from ODOT if determined to be necessary. These meetings will have a specific agenda addressing and resolving project issues as they are encountered. It is assumed that coordination and review meetings will be held throughout the design phase as listed in this task,and a total of up to 4 project meetings will be held with the City. Up to 3 internal team meetings are assumed. The scope of the project management is as follows: 1.1 Schedule staffing and provide the management, coordination and direction to the project team to complete the construction documents on time and under budget. 1.2 Meet with City's Project Manager and key team staff to coordinate the design and resolve any potential issues that may arise. For the purpose of this scope, it was assumed that a formal design review meeting will be conducted at the completion of the conceptual design phase and after the 60%, 90%, and 100% submittals to go over comments. To maintain efficiency, these review meetings will be part of regular project management and design meetings with the City's Project Manager. Assumed up to a total of 4 project meetings with the City. PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page 3 of 7 1.3 Conduct periodic internal team meetings with design staff to coordinate the project completion. Assumed up to 3 meetings. 1.4 Coordinate the waterline system design relocation with the roadway and storm sewer system design on the two City and County intersection projects. The consultant project manager will coordinate this work with the designers on all 3 co joined projects since he is involved as the project engineer for the two intersection projects. 1.5 Maintain project documentation and files. 1.6 Track project costs and budgets on a monthly basis. Monitor the work progress against the project budget. Prepare monthly invoices for project. 1.7 A simplified schedule will be prepared since this project will generally follow the schedules of the HaIV99W and Greenburg/Main/99W projects. Task 1 Deliverables: • Monthly invoices • Meeting notes • Document files • Schedule Task 2—Conceptual Design The location of the waterline needs to be determined in conjunction with other utility relocation work and proposed roadway and storm sewer system improvements. The conceptual design phase will include reviewing existing utilities,developing an alignment and discussing the conceptual design with the City. 2.1 Obtain the following information from the City: • Confirm existing waterline locations • Connection to side street waterlines • Confirm water system design standards and project design criteria to use • Sample plans and discuss plan format 2.2 Develop up to three conceptual alternative alignments for the waterlines on each roadway. If a particular alignment becomes the obvious choice, then no other alternatives will be prepared in order to minimize design costs. These other alignment considerations can be discussed at a meeting with the City. Alternatives will be compared using key factors such as cost (primarily lineal footage of pipe), efficiency of system, and constructability. An alternative strip map and a brief alternatives comparison analysis will be submitted to the City for review at least 3 days before a review meeting with the City. 2.3 Meet with the City to review the alternatives and select a preferred alignment for each of the 3 waterlines (time included in Task 1.2). PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page 4 of 7 2.4 Obtain comments from the City for the conceptual design and selected alignment. Track comments and responses in a spreadsheet to be submitted after each plan review. Prepare and add responses. Provide completed comment tracking spreadsheet to the City. Task 2 Deliverables: • Strip map of conceptual waterline alignment alternatives. • Alternatives comparison analysis • Completed conceptual comment tracking spreadsheet Task 3 - Preliminary Design (60% Submittal) The preliminary design phase will take the selected design alignment, as determined in the conceptual design phase, for each of the relocation waterlines on Highway 99W, SW Greenburg Road, and SW Main Street and prepare a 60% preliminary design for the horizontal and vertical alignments. The team will coordinate the waterline design with all elements of the intersections project and is included with the tasks below. 3.1 Incorporate the conceptual design review comments and design the preliminary water line alignment, connections and profiles within the project limits for Highway 99W,Greenburg Road, and Main Street. 3.2 Prepare preliminary waterline plans, profiles,and note sheets utilizing roadway plan sheets already prepared for the intersection projects. 3.3 Prepare technical specifications for the waterline design. It is assumed that ODOT's standard construction specifications will be used for this construction,with amendments as required to address special design elements for City of Tigard waterline work. 3.4 Prepare a preliminary construction cost estimate. 3.5 Complete a quality assurance review of the documents and implement changes. 3.6 Submit plans, specifications and the cost estimate to the City for review following completion of the QA review. Meet to discuss review comments(meeting time included in Task 1.2). 3.7 Provide plans to the County and ODOT for their review with respect to the two intersection design projects underway. 3.8 Obtain 60% review comments from the City, County, and ODOT. Input comments into tracking spreadsheet and prepare responses. Provide completed comment tracking spreadsheet to the City. PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page 5 of 7 Task 3 Deliverables: • 60% review submittal of plans, specifications, and estimate • 60% comment tracking spreadsheet update Task 4- Final Design (90% and 100% Submittals) The final design phase will incorporate the preliminary design and comments to develop the final detail design of the waterlines and the required appurtenances such as service connections, blow- offs,tees,and fire hydrants. Standard and special details will be included as part of these submittals. The waterline design team will continue coordinating aspects of the design and plans with all the elements of the roadway,storm,and intersection improvements. The coordination is in included as part of each task below. 4.1 Incorporate the 60% preliminary design review comments to complete the 90% PS&E. Design and prepare 90% construction plans, profiles, notes and details. 4.2 Prepare 90% specifications and special provisions. 4.3 Prepare a 90% construction cost estimate. 4.4 Complete a final quality assurance review of the construction documents at 90%. 4.5 Submit 90% plans, specifications and cost estimate to the City for review following completion of the QA review. Meet to discuss review comments(meeting time included in Task 1.2). 4.6 Obtain 90% review comments from the City, County and ODOT. Input comments into tracking spreadsheet and prepare responses. Provide completed comment tracking spreadsheet to the City, County and ODOT. 4.7 Incorporate the 90%preliminary design review comments to complete the final 100%PS&E. Design and prepare the final 100%plans package. 4.8 Prepare and submit final 100% specifications and special provisions. These will be incorporated with the combined intersection projects. 4.9 Prepare and submit final 100%construction cost estimate. These will be incorporated with the combined intersection projects. Task 4 Deliverables: • 90%plans, specifications and cost estimate • 100%plans, specifications and cost estimate • 90%and 100%comment tracking spreadsheet updates PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21109.doc Page 6 of 7 Task 5 - Construction Document Preparation and Permitting Task 5 will include preparing and submitting 100%final stamped and signed construction plans and specifications. A final construction cost estimate will also be completed. This phase includes coordinating the final waterline construction documents with that of the overall construction bid package for the intersection construction bid package. Coordination with the intersections project team is included in the tasks below. 5.1 Submit final stamped and signed construction plans to the City for a final review. Revise and resubmit any sheets to address any last review comments. Plans,specifications,and estimate will be submitted to and included as part of the final bid package for the Hall/99W and Greenburg/Main/99W projects. 5.2 Submit the final stamped and signed plans to MOT to obtain a construction permit. Review the documents with MOT staff as needed to coordinate obtaining the permit. Based on previous plan reviews, it is assumed that the permit will be approved without requiring significant revisions to the construction plans. 5.3 Revise the plans and specifications as needed to obtain permit approval. This assumes that there will be only minor revisions required to obtain the permit. 5.4 Adjust final quantities and submit a final construction cost estimate. 5.5 Plot the final construction bid documents for inclusion in the bid documents. Task 5 Deliverables: • Permit approval of the waterline from ODOT • Construction bid documents • Final construction cost estimate Task 6 - Services during Bidding 6.1 Respond to contractors'questions during the bid process. 6.2 Prepare addendum, if requested by the City(Assumed one addendum). 6.3 Review the contractors'bids with the City. It is assumed that this will be awarded along with the County/City intersection construction contract. Task 6 Deliverables: • Plans for addendum • Recommendation regarding awarding the construction contract. PACity of Tigard\000000\99W-Hall to Greenburg Waterline\tigard waterline final scope 21 109.doc Page 7 of 7 Y - City of Tigard June 2,2009 John Osborn Director of Transportation WH Pacific 9755 SW Barnes Road_Suite 300 Portland OR 97225 NO'T'ICE TO PROCEED Waterline Design for. . OR 99W'(SW Greenburg Rd. to SWH011 Blvd.) SW Greenberg Rd., (OR 99W to North ofSW Center St.) SW Maui St. (OR 99W to SW Scoffins St.) City of Tigard, Oregon The contract documents for the above contract were received by us in complete form. Effective today,you are-hereby notified to proceed with the work required under the contract. The contract will expire,unless otherwise terminated or extended,on December 31,2009. A fully executed copy of the contract document will be delivered to you today.Your contract number is 94181.Please include this number on all invoices related to the services provided under this contract. Sincerely, VGaston Interim Management Analyst Public Works Department 503.718.2595 greer@dgard-or.gov 13125 SW Hall Blvd. • Tigard, Oregon 97223, • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov ' v City of Tigard June 22, 2010 WH Pacific Attn: Woodi Davis, Director of Survey 9755 SW Barnes Road, Suite 300 Portland OR 97225 NOTICE TO PROCEED City of Tigard Personal Services Contract Legal Descriptions and Exhibit Maps for Fourteen Water Asset Parcels You are hereby authorized to proceed with the work required under the aforementioned contract. This contract shall expire, unless otherwise terminated or extended, on June 1, 2011. Please contact me at 503.718.2595 or greerAtigard-or.gov, if you have any questions. Sincerely, Greer Gaston Management Analyst 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 w-ww.tigard-or.gov Exhibit A HP �� D� May 27, 2010 Mr. Brian D. Rager Assistant Public Works Director City of Tigard 13125 SW IIall Blvd Tigard, OR 97223 Ile: IWB - Water Assets—14 Parcels Legal Descriptions & Exhibit Maps City of Tigard, Oregon. Dear Brian: WI-IPacific is pleased to submit the following Scope of Work and Fee Estimate to provide legal descriptions and exhibit maps for fourteen (14) IWB-Water Asset parcels of land owned by the City of Tigard, Oregon. Project Understanding: The City of Tigard has a need for the preparation of a Legal Description and Exhibit Map for fourteen(14) IWB— Water Asset parcels of land owned by either the Tigard Water District or the City of Tigard. We have completed a brief review of the word document you sent`us that list the 14 properties in question. The list you sent contains 12 parcels (excluding Bonita Pump Station) but two of the properties contain two separate parcels for a total of 14 legal descriptions and exhibit maps. We have developed the following scope of work and fee estimate to complete the requested services. WHPacific will perform the following: Scope of Work: a Contact a local Title Company and the Washington County Survey Office to obtain all the tax lot,title and deed and survey record information necessary to prepare a legal description and exhibit map for the 14 parcels. o Compile and review all the title andsurvey information for the 14 parcels. o Calculate and plot the current metes and bounds descriptions for the 14 parcels. Perform a map check closure summary for each parcel. o Prepare legal descriptions for the 14 parcels. o Prepare 8 ''/2" x 11"exhibit maps for the 14 parcels. O Deliver the 14 parcel legal descriptions(word format) and the exhibit maps (.pdf or .dwg) to the City of Tigard. Assumptions: O No field survey work will be required for the completion of this project. C;1Uscrs\P ub I ic\Documen(s\COTigardLcgaI&-MapsScope.doe 9755 5W Barnes Road,Suite 300 • Portland,OR 97225 • T 503.626.0455 • (= 503.526.0775 • www.whpacific.com City of Tigard p�8Il7llCn���q����� 1.W13 - Water Asset Parcels 17V May 27,2010 Fee Estimate: o The fee estimate for conducting this work is a not to exceed an amount ol'$9,026. A copy of the fee schedule is attached. Thank you for the opportunity to provide this Scope of Work and Fee Estimate for your review and consideration. If you have any questions, please call Inc at(503) 372-3716 or at wdavisiC uhyacific.com . Suicerely, WHPACIFIC,Inc. Woodi Davis, PLS Director of Survey i,:kciiy ur'rignrd1000000\sW Burnham Sircet Review Proposed Sites for Future Tenancy in Common Agreements Exhibit B Site Jurisdiction Tax Lot ID Current Street Address (if Owner of Effective available) Record Date of Annexation High Tor Reservoirs and Unincorporated • 2S1 09BB, • 14255 SW High Tor Dr. Tigard Water N/A Pump Stations (two 02902 • 14200 SW High Tor Dr. District parcels) • 2S109BB, (IWD) 01800 Reservoir No. 4 and Well Unincorporated 2S1 10CB, 00300 15055 SW 122.4 Avenue TWD N/A No. 4 150at Avenue Well Site Unincorporated 2S1 08DD, 00101 N/A TWD N/A Bonita Pump Station City of Tigard N/A N/A—part of Bonita ROW N/A N/A 10 Million Gallon City of Tigard 2S1 10BC, 00900 12475 SW Bull Mountain Road TWD Pre-1984 Reservoir,ASR 2 Well and Transfer Pump Station Site Baylor Reservoirs City of Tigard 1S1 36DD, 00600 N/A TWD Pre-1984 Reservoir No. 2 City of Tigard 2S1 10BB, 00500 14201 SW 1190,Place TWD Pre-1984 Reservoir No. 3 and Well City of Tigard 2S1 04DB, 05300 12980 SW 135th Avenue TWD Dec. 3, 1988 No. 3 132nd Avenue Pump City of Tigard 2S1 04AC, 00800 12999 SW 132nd Avenue TWD Dec. 3, 1988 Station 550 Reservoir No. 2 (old City of Tigard 2S1 09AC, 02500 13001 SW Bull Mountain Road TWD July 9. 1991 Price Property) Menlor Reservoir City of Tigard 2S1 05DB, 00400 13425 SW 154th Avenue TWD Nov. 9,-2006 Cach Property (Future City of Tigard s 2S1 05DC, ♦ N/A City of Tigard Nov. 9, 2006 550 Reservoir No. 1) 00100 ♦ 15160 SW Sunrise Lane ♦ 2S105DC, 00400 Tigard Public Works City of Tigard 2S1 02AD, 03401 8777 SW Burnham Street TWD Pre-1984 small piece in corner) D.S.S Fax: Jun 9 2010 08:51am P001/001 BUSINESS LICENSE RECI IIPT v Czx'Y OF TiGARD x 13125 SW]HALL BLVD. - TicARD, OR - 97223 - (503) 639-4171 TYPE OF BUSINESS: ENGINEERING &ARCHITECTURAL RECEIPT NO: 1 000000011212 SERVICES EXPIRES: 12131/2010 BUSINESS NAME: WHPacific Inc BUSINESS PHONE: (503)626-0455 BUSINESS ADDRESS: 9755 SW BARNES ROAD SUITE 300 PORTLAND, OR 97225 THIS RECIEPT MUST BE POSTED INA CONSPICUOUS PLACE AT THE BUSINESS ADDRESS AND IS NOT TRANSFERABLE If you have any questions about your Business License Receipt or doing business in Tigard, please contact the Business License Specialist at (603) 639-4171 x2487. NOTE: The Tigard Municipal Code 7.24.120(4) has imposed reasonable restrictions on "Door- To-Door'solicitation and canvassing, commercial and noncommercial within the city limits of Tigard, The Tigard Municipal Code 7.52.080(a) restricts the selling of goods or services in any City parks. A Business License Receipt does not imply City approval or endorsement to operate the business or the location of the business. WHPacific Inc 12100 NE 195th St#300 Bothell, WA 98011 Received Time Jun, 9. 2010 8:48AM No. 5050 Osborn Bauer Rehms Truong Quigley Johnson Larwood Nizar Grubbs Kossler Sanford ATTACHMENT"A"-Desion Fees Principal senior QA/QC Project Manager&Sr. Senior CADD Specifications P Specialist Project Engineer Project Engineer Senior Designer Designer Survey Technician Project Surveyor Survey Crew Chief Survey Field Proj1ect Administrator Specialist Specialist Technician WHPacIflc SW Greenburg Road/SW Main Stre oHighway 99W 16&85 TOTAL 23 103.70 .4 .i' 9.9 .d 98.09 9 3 6 . 8 6 .89 PROJECT Waterline Replacement Project Total COSTS Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost His. Cost Mrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hours Subtotal Labor Expenses Total Costs TASK Sub PROJECT MANAGEMENT 1 Task 1.1 Management 2 $ 395.34 $ - 4 $ 544.94 $ - $ - $ - a - $ - $ - a - $ - $ - $ - 6 $ 940.27 $ - $ 940.27 f 940.27 1.2 Meetings with the City(4) $ - $ - 12 $ 1,634.81 $ - $ a - $ - $ - s - a - a - 12 $ 1,634.81 $ 53.00 $ 1,687.81 It 1,687.81 1.3 Internal Team Meetings(3) $ $ - 3 $ 408.70 3 a 311.11 a 3 $ 225.44 $ - 2 $ 199.98 $ - $ - $ - $ - $ - 11 $ 1,145.23 $ - $ 1,145.23 $ 1,145,23 1.4 Coordination with Intersection Projects $ - a 3 $ 408.70 $ - $ Is $ - $ - $ - $ - $ $ - $ - 3 $ 408.70 It - E 408.70 $ 400.70 a $ § 9 $ 804.04 a a 804.04 $ 804.04 1.5 Documentation and Adndnistration $ - $ 3 $ 408.70 $ - a a S - E - $ - - - - 6 $ 395.34 - •. 1.6 Track Costs/Budget;Prepare Monthly Invoices 2 $ 395.34 a - 20 $ 2,724.69 $ - $ - $ - $ - $ - $ - $ - $ - $ - 2a S 1,581.34 9 $ 4,701.37 $ - $ 4,701.37 $ 4,701.37 1.7 Prepare Project Schedule $ a 2 $ 272.47 $ - $ - $ - $ - $ - $ $ - $ $ Is - 2 $ 27247 It $ 272.47 S 27247 $ $ $ $ a $ It $ $ $ It Is 0 $ $ a $ Total Task 1 4 S 790.67 0 $ - 47 $ 6,403.02 3 $ 311.11 0 $ - 3 $ 225.44 0 $ - 2 $ 199.98 0 $ - 0 $ - 0 E 0 S 30 $ 1,976.68 89 $ 9,90(1.90 a 53.00 E 9,959.90 $ 9,959.90 TA2SC Tom.CONCEPTUAL DESIGN 2.1 Obtain City Information and Design Criteria $ - $ - 1 $ 136.23 1 $ 103.70 Is - 3 $ 225.44 $ - $ - $ - $ - $ - $ - $ - 5 § 465.38 $ - $ 465.38 It 465.38 22 Develop Altemative Alignments S $ - 2 $ 272.47 8 $ !129.62 Is 16 $ 1,202.34 $ - $ - $ $ - $ - $ - $ - 26 $ 2,304.43 $ 10.00 $ 2,314.43 $ 2,314.43 2.3 City Meeting to Discuss Alternatives(in subtask 1.2) $ - $ - 0 $ - - a $ $ $ $ $ $ $ $ 0 $ It - $ It 2.4 Obtain,Track and Respond to Review Comments Is - $ - 1 is 136.23 2 $ 207.40 $ - $ - $ - $ - $ - is S - $ - $ - 3 $ 343.64 $ - $ 343.64 It 343.64 Total Task 0 Is 0 S - 4 $ 5"94 11 $ 1,140.72 0 $ 19 $ 1,427.78 0 $ - 0 $ - 0 $ 0 $ 0 $ - 0 $ - 0 E TASK Sub 34 S 3,113.45 $ 10.00 S 3,123.45 $ 3,123.45 3 Task PRELIMINARY DESIGN(60%) 3.1 Design Waterline $ - $ - 2 $ 272.47 8 $ 829.62 $ - 20 $ 1,502.93 $ - $ - $ - $ $ 3.2 Prepare Plants,Prolih,and Note Sheets $ - $ - 2 $ 272.47 8 $ 829.62 $ - 16 $ 1,202.34 § - _ - $ $ - 30 $ 2,605.02 $ - $ 2,605.02 $ 2,605.02 S $ - $ - $ - $ - $ - 26 $ 2,304.431$ 20.00 $ 2,324.43 $ 2,324.43 3.3 Prepare Specifications $ - $ - 2 $ 272.47 $ - $ - $ - $ - 6 $ 599.94 $ - $ $ • § - $ - 8 $ 872.41 $ - $ 872.41 $ 87241 3.4 Prepare Construction Estimate $ - $ 2 $ 272.47 2 $ 207.40 a - 3 $ 225.44 $ - a - $ - $ 3.5 Complete Quality Assurance Review $ - 2 $ 333.70 $ - $ - $ - $ - _ $ $ - $ - 7 $ 333.31 $ - $ 705.31 S 705.31 S $ $ - $ - $ - $ - $ - 2 $ 333.70 a - a 333.70 $ 399.70 3.8 Submit PS&E $ - $ - 1 $ 136.23 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 1 $ 138.23 a 20.00 $ 156.23 S 156.23 3.7 Provide Plana to County 8 COOT $ - $ - i a 136.23 $ - E - $ - $ - $ - $ - $ - $ - § - a - 1 $ 138,23 $ - $ 136.23 a 136.23 3.8 Obtain,Track and Respond to 60%Review Comments $ - $ - 1 $ 136.23 2 $ 207A0 $ - 1 $ 75.15 $ - $ - $ - $ - $ - $ - a 4 § 418.79 $ - a 418.79 $ 418.79 Total Task 0 $ - 2 $ 333.70 11 $ 1,498.58 20 S 2,074.04 0 E 40 $ 3,005.86 0 $ - 6 $ 599.94 0 $ - 0 $ 0 $ - 0 $ 0 $ 79 $ 7,512.13 $ 40.00 E 7,552.13 S 7,552.73 TASK Sub. FINAL DESIGN(90%&100%) - 4.1 Design Waterline and Prepare 90%Plans and Details $ - $ - 4 $ 544.94 20 $ 2,074.04 $ - 64 $ 4,809.38 $ - $ - $ - $ - $ - $ - $ 88 $ 7,428.36 $ - $ 7,428.36 $ 7,428.38 4.2 Prepare 90%Specifications $ $ - 3 $ 408.70 2 $ 207.40 $ - § - $ - 72 $ 1 _ 4.3 Prepare 90%Construction Estimate - - ,199.89 $ - $ $ $ - $ 77 $ 7,815.99 $ - $ 1,815.99 $ 1,815.99 S E 1 § 136.23 2 $ 207.40 $ - 4 § 300.59 a - a - a - a - § § 4.4 Complete Quality Assurance Review $ - 4 $ 667.40 $ - - - $ - 7 $ 644.22 $ - $ 644.22 $ 644.22 $ $ $ $ - $ - a - $ - $ - $ - S - 4 $ 667.40 $ $ 667.40 $ 667.40 4.5 Submit PS&E $ - $ - 1 $ 136.23 a - $ - $ - $ - $ - $ - $ - $ - $ - $ 1 $ 136.23 $ 20.00 $ 156.23 $ 156.23 4.6 Obtain,Track and Respond to 90%Review Comments $ - $ - 2 $ 272.47 3 $ 311.11 It - $ - $ - 1 $ 99.99 $ - $ $ - $ - $ 6 $ 683.57 $ - $ 883.57 $ 683.57 4.7 Complete 100%Design and Plans Package $ - $ - 2 $ 272.47 10 $ 1,037.02 $ - 24 $ 1,803.52 $ - $ - $ - $ - $ $ - $ - 36 $ 3,113.01 $ - $ 3,113.01 $ 3,113.01 4.8 Prepare 100%Specifications $ - $ - 2 $ 27247 1 $ 103.70 $ - $ - $ - 4 $ 399.96 $ - $ - $ - $ - § 7 $ 77813 $ $ 776.13 S 776.13 1.9 Prepare 100%Construction Estimate $ - $ - 1 $ 136.23 2 $ 207.40 $ - 2 $ 150.29 a - a - a - $ - .$ $ $ 5 $ 493.93 $ $ 493.93 It 493.93 Total Task 0 S 4 $ 667.40 16 S 2,179.75 40 $ 4,148.09 0 $ - 94 $ 7,063.77 0 S - 17 $ 1,699.84 0 $ 0 $ - 0 $ - 0 $ 0 $ 171 $ 15,756.85 $ 20.00 $ 15,778.85 $ 15,778.85 TASK Sub CONSTRUCTION DOCUMENT PREPARATION AND 5 Task PERMITTING 5.1 Finalize&Submit Signed Plans,Spec's&Estimate $ $ 3 $ 408.70 8 $ 829.62 $ - 10 $ 751.47 $ - 2 $ 199.98 § - $ - $ - $ - $ - 23 $ 2,189.77 $ - $ 2,1119.77 $ 2,189.77 5.2 Submit Signed Plans to ODOT for PermittingS - $ - 2 $ 272.47 2 $ 207.40 $ - $ - $ - $ - I $ - $ - $ - $ - $ - 4 $ 479.87 $ 15.00 $ 494.87 S 494.87 5.3 Revise Plans&Specs as needed for Permit $ $ 2 $ 272.47 2 $ 207.40 $ - 6 $ 450.88 $ - 2 $ 199.90 $ - $ $ - $ - $ - 12 $ 1,130.73 S - S 1,730.73 $ 1,130.73 5.4 Adjust Final QuantPoes and Estimate $ - S - 1 $ 136.23 2 $ 207.40 $ - 2 $ 150.29 $ - $ - $ - $ - $ - $ - $ 5 $ 493.93 $ - $ 493.93 a 493.93 5.5 Plot Final Construction Bid Documents s s - 1 $ 136.23 $ - $ - 3 $ 225.44 a - $ - $ - $ - $ - § - $ - 4 § 361.67 $ 80.00 $ 441.87 $ 441.87 Total Task 0 $ 0 E - 9 E 1,226.11 14 S 1,451.83 0 $ - 21 $ 1,578.08 0 $ 4 $ 039996 $ 0 $ - 0 $ - 0 $ 0 $ 48 $ 4,635.98 $ 95.00 $ 1,750.98 i 4,750.98 TASK Sub. SERVICES WRING B03M 6 Task 6.1 Respond to Contractor Questions $ - $ - 3 $ 40(1.70 2 $ 207.40 $ - $ - $ - 2 $ $ - $ - $ - $ - 7 $ 816.09 $ $ 816.09816.09 62 Prepare Addendum(assumed 1) $ - S - 3 $ 408.70 2 a 207.40 $ - 6 $ 450.88 $ - $ $ - $ - $ - $ - 11 S 1,O6d99 S 9.00 S 1,075.99 S1,075.998.3 Review Contrecor Bids $ - $ - t $ 136.23 $ - $ $ - $ - $ $ $ - $ $ - 1 $ 136.23 $ - $ 136.23 a 136.23 Total Task 6 0 $ - 0 $ - 7 $ 953.64 4 $ 414.81 0 $ - 6 $ 450.88 0 $ - 2 $ 0 S 0 S - 0 $ - 0 $ 19 $ 2,019.31 $ 9.00 $ 2,026.31 $ 2,028.31 7 ;Task ADDITIONAL SERVICES - 7.1 Services as approved(Contingency) $ - $ - $ - $ $ - $ - $ - $ - $ - $ - $ - $ - $ 0 $ $ - $ 3,000.00 $ 3,000.00 a Total Additional Services 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 S - 0 It - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 0 $ - $ - $ 3,000.00 $ 3,000.00 Total Rees(plcludes Additional Workdo be sulborizso 4 IS 790.67 6 $ 1,001.10 64 S 12,1106.03 1 92 1$ 9,340.60 7-1$ 183 $ 13,751.81 0 $ - 1 31 $ 3,099.71 1 0 $ 0 $ - 0 S 0 $ - 30 $ 1,978.68 440 $ 42,986.81 ; 227,00 $ 4%19&611$ 48,193,81 ion Sr.Project ManW Sr Pmled Suveyor EnSpedScalSpecie�l Landscape Project Smveym Sr.Surv.Tach.(office) Su Crew Chief Swv.Tech.(Flo" Sr Admin Assist Subtotal Expenses City of Tigard-IWB-Water Assets TOTAL Property Legal Description and Exhibit Map preparedon.14 parcels. S 163.66 S 130.31 S 9421 3 70.00 1 98.00 $ Boss 6 51 00 3 53.00 S 85.60 PROJECT Hm. Cat Hca. Cost Ms. Cosi Hrs. Cost Hm. Coal Hrs. Cost Hca. CoA Hm. Cost Hca. Cog Cost Cost COST BUDGET ESTIMATE 1 Task PROJECT MANAGEMENT 1.1 Project Management A. MeslLlps with City 940 1 S 163.58 2 $ 260.52 S S - If - S $ 1 $ - S 5 424.30 550.90 If 454.30 8. Project management!coordination 1 $ 163.56 2 S 280.62 S - S - S - $ - S $ - S - S 424.30 S 424.30 0. States reports and Invoices 2 S 327.36 S is - S - $ - $ - S - 0 S 395 34 $ 722.70 S 722.70 S - $ Is - S S - S - S $ - $ S - Subtask Total 4 S 654.72 4 $ $21.24 0 5 0 I$ - 0 $ - 0 $ 0 S - S $ - 6 $ 398.34 $1,571.30 S 60.00 S 1,631.30 AS Sub- Legal Description and Exhibb,Map Pireparatltin 2_. T A Reswch Title Infornmlicn and Survey Records for 14 parcels $ - 2 S 250.52 S - 5 - S - 2 S 161.72 S S - $ - $ 42234 S 422.34 B Review Surveys,TOIe sal Deed information $ - 4 S 521.24 $ $ - S 2 S 151.72 $ - S - 5 - S 662.90 S 882.95 C. Calculate•plot and check exi9kg legal descriptions $ - 2 $ 250.02 S - S - $ - 12 S 970.32 $ 5 - S - $ 1,230.94 S 1,230.94 D. Prepare legal descriptions for 14 parcels $ - 10 $ 1,303.10 0 S - 0 S - 0 S - 4 5323.44 6 S - 0 $ - 0 S - S 1,368.92 S - $ 1,365.92 E. Propue"tot maps for 14 parcels 3 - S $781.86 36 $2,910.96 $ 3,369.36 5 3,360.38 Subtask Total $ 56 $2.36862 66 S 4,528.16 $7,071.54 S 7,071.64 TASK Su0- S Task A. S - S - S S - S - S - If - $ - $ - S - 5 Total Task 3. 6 S - 0 $ - 0 $ - 0 $ - 0 S 0 S 0 $ 0 S g $ - $0.00 $ - S - Tow Cost(Less Contin anc Tasks 4 $634.72 CO $3,386.06 0 $0.00 0 $0.00 0 $0.00 56 $1628.16 0 $0.00 0 50.00 B S395.341 $8,966.23 $60.00 39,026.26 Total Contingency Tasks Tout Cnst(Including Contingency Tacky 4 5654.72 60 53 363.06 0 $0.00 0 50.00 0 1 $0.00 56 $4,328.16 0 $0.00 0 SO.OD 8 $355-Ul 118.966.281 $60.00 $9 026.2a COTpxdla9asNapsaWpe1052710.A Pepe 1 502712010 NAN18280 ACORDry CERTIFICATE OF LIABILITY INSURANCE DAT4129/20�YYYY) 4129/2010 PRODUCER Commercial Lines-(206)892-9200 CAL#OD08408 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services USA,Inc.-CA Lic#:0008408 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 601 Union Street,Suite 1300 �* Seattle,WA 98101-1371 RECEIVED INSURERS AFFORDING COVERAGE NAIC# INSURED WHPacific,Inc. Q INSURER A: Evanston Insurance Company 35378 300 West 31st Avenue, JUN U 8 2010 INSURER B: National Union Fire Ins.Co.of Pittsburgh,PA 19445 INSURER c: ACE American Insurance Company 22667 .I- Anchorage,AK 99503 RISK MANAGEMENT INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NDDR S TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY 1OPKGO1067 05/01/10 05/01/11 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAEMISESMAGE TIE.o RENTED $ 50,000 CLAIMS MADE a OCCUR MED EXP(Any one person) $ 5.000 X Stop Gap PERSONAL&ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2.000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT El LOC B AUTOMOBILE LIABILITY CA0934613 05/01/10 05/01/11 COMBINED SINGLE LIMIT X (Ea occident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Par person) X HIRED AUTOS BODILY INJURY $ (Per accident) X NON-OWNED AUTOS PROPERTY DAMAGE $ (Per occident) 1 GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGO $ EXCESS/UMBRELLA UABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X WC STATU- OTH- C WLRC44346937 05/01110 05101/11 EMPLOYERS'LIABILITY E.L.EACH ACCIDENT is 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE 1,000,000 GFFICERlolEMBEER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ Itas.describe under 1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CITY OF TIGARD IS AN ADDITIONAL INSURED UNDER GENERAL LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT AS RESPECTS TO THEIR INTEREST IN THE OPERATIONS OF THE NAMED INSURED REGARDING CACH PROPERTY PROJECT ADDITIONAL INSURED ENDORSEMENT ATTACHED. MB CERTIFICATE HOLDER CANCELLATION Ten Day Notice for on-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN CITY OF TIGARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN:JAIME DUMDI IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR 13125 S.W.HALL BLVD. REPRESENTATIVES. TIGARD,OR 97223 AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 2 1389681 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S(2001108) 2 of 2 #S9152601M915043 POLICY NUMBER.: 1OPKGO1067 ENDORSEMENT PRIMARY AND NON-CONTRIBUTORYADDITIONAL INSURED W/ WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY(_0VI1`RAG1_? PAl1T PRODUCTS/COMPLETED OPERATIONS LiABR n Y COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICE"PLEASE READ IT CNREFULLY. SCHEDULE Name of Person or Organization: AS PER \VRI7rEN CONTRACT A. \X!1-10 IS AN iINISUR1 D (S1 CI'ION Ir) is amended to include as an insured the person or organizarion shown in the schedule. But only with respect to liability arising out of"your work" for that insured by or for you. B. As respects additional insureds as defined above. This insurance also applies io "bodil" injure" or"property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these ;additional insured's shall apply excess and not contribute as primary to the insurance afforded by rhis endorsement. 2. We waive any right of recovery we may have against these :addittonol insured's because of payments we make for injure or damage .arising;our of your work" done under a written contract with the additional insured. 3. The term "insured" is used separately and not collecuvehI,but the incluSican of more than one "insured" shall not increase the limits or coverage provided by this insurance. "Insureds are advised that certificates of insurance should be used only to provide evidrnce of insurance in lieu of an actual copy of the applicable insurance colica'. Certificates should not be used to amend, expand,or otherwise alter the terms of the actual policy." IE-0054-0404 Best's Credit Rating Center - Company Ir Formation for Evanston Insurance Companv Page 1 of 1 Evanston Insurance CompanyPrintthispape (a member of Markel Corporation Group) —- ---------- A.M.Best#:003759 NAIC#:35378 FEIN#: 362950161 This rating is ;IRmncY+ = 1 rrtR� assigned to '.. 4BEST companies A that have,in Address:Ten Parkway North our opinion,an excellent ability to meet Deerfield,IL 60015 their ongoing obligations to UNITED STATES policyholders. Phone:847-572-6000 Fax,847-572-6389 Web:www.markelcorp.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A(Excellent) Long-Term:a+ Affiliation Code:g(Group) Outlook,Stable Financial Size Category:XIII($1 25 Billion to Action:Affirmed $1.5 Billion) Date:June 24,2009 Outlook:Stable Action:Affirmed Effective Date:June 24,2009 http://www3.ambest.com/ratings/FuUProfile.asp?BI=O&AMBNum=3759&AItSrc=1&AItNum=&URATIN... 6/8/2010 Best's Credit Rating Center - Company Information for National Union Fire Ins Co Pittsburgh PA Page 1 of 1 National Union Fire Ins Co Pittsburgh PA 09 Print this Pao (a member of American International Grouo) A.M.Best#:002351 NAIC#:19445 FEIN#: 250687550 This rating is Rr- �`+ assigned to %B�� ttrhlin/' EST companies A that have,in Address.175 Water Street,18th Floor our opinion,an excellent ability to meet New York,NY 10038 their ongoing obligations to UNITED STATES policyholders. Phone:212-770-7000 Web:www.chartisinsurance.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A(Excellent) Long-Term:a Affiliation Code:p(Pooled) Outlook:Negative Financial Size Category:XV($2 Billion or Action:Affirmed greater) Date:December 16,2009 Outlook:Negative Action:Affirmed Effective Date.December 16,2009 http://www3.ambest.com/ratings/FuRProfile.asp?BI=O&AMBNum=2351&AItSrc=1&AItNum=&URATIN... 6/8/2010 Best's Credit Rating Center - Company IrFormation for ACE American Insurance Company Page 1 of 1 ACE American Insurance Company oR Print this oaoe (a member of ACE INA Group) A.M.Best#:002257 NAIC M 22667 FEIN M 952371728 This rating is 'RnwwRo" �i+ � assigned to eesT companies that have,in Address:436 Walnut Street our opinion,a superior ability to meet Philadelphia,PA 19106 their ongoing obligations to UNITED STATES policyholders. Phone:215-640-1000 Fax:215-640-5592 Web:www.aceusa.com Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating:A+(Superior) Long-Term:aa- Affiliation Code:p(Pooled) Outlook:Positive Financial Size Category:XV($2 Billion or Action:Affirmed greater) Date:May 03,2010 Outlook:Stable Action:Affirmed Effective Date:May 03,2010 Denotes Under Review Ratings.See rating definitions. http://www3.ambest.com/ratings/FuUProfile.asp?B1=O&AMBNum=2257&AItSrc=1&AItNum=&URATIN... 6/8/2010