CESNW, Inc ~ C130020 City of Tigard
CONTRACT CHANGE ORDER/ 13125 S Hall Blvd.
Tigard, Oregon 97223
AMENDMENT SUMMARY FORM
Phone- (503) 639-4171
Fax- (503) 684-7297
Project Title: 92"d Avenue Sidewalk Project Manager: Mike McCarthy
Contractor: CES NW, Inc. Original Contract #: C130020
Effective Dates: 6/30/13 Change Order/Amendment Amount: $2,960.00
Accounting Strin :460-8000-56005-95037-140 Amendment Percentage Running Total: 3%
AMENDMENT DETAILS
Additional staking was required for the retaining wall at each step.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount $96,680
Survey Manager Hours 8 $90 $720
Survey Tech Hours 6 $70 $420
2P Survey Crew Hours 14 $130 $1,820
TOTAL $2,960
NEW CONTRACT TOTAL $99,640
REASONING FOR CHANGE ORDER/AMENDMENT
Normally there would be one stake about every 25 feet—because of the steep slope at this location, the
contractor requested a stake at every wall step to remove any chance of error.
r� '-.--Q- A I �—
REQUESTING PROJECT MA15AGER A APPROVING CITTY STAFF
S ature Signature
ate 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 Signature
the work. The unit pricing in the original contract shall apply to
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 theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
92ND AVENUE SIDEWALK
AMENDMENT #3
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and CESNW, Inc., hereinafter referred to as Contractor, entered into on the 15L day of August,
2012,is hereby amended as follows:
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 Nitiety Six Thottsatid Six Hundfed Eighty and No/100 -dollars
($96;6$0:80) Ninety Nine Thousand Six Hundred Forty and No/100 dollars
($99,640.00)without prior written authorization.
EXHIBIT 1
SCOPE OF WORK
2. SCOPE OF WORK
c. Phase 3-Bidding& Construction Services
25. Provide Construction Staking: Provide one set of construction stakes for clearing and
grading, curbs, retaining walls provide additional construction staking requested by the
contractor during constriction that was not anticipated during the project scoping,
and storm drainage.
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 CE NW,INC
Signature Signature
fi�A k ���,anT� fie. II e
Printed Name Printed Name
/1 � T- 20x3 1213/13
Date Date
CES NW
November 13, 2013
Mr. Mike McCarthy, Sr. Project Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Contract Modification No. 1
92"d Avenue Sidewalk
Tigard, OR.
Dear Mr. McCarthy:
This contract modification is for CESNW to provide additional construction staking requested by the
contractor during construction that was not anticipated during the project scoping. The additional
construction staking was to support the contractor for the staking of the retaining walls for the
project. The hours for this additional staking are:
Survey Mngr 8 hrs @ $90/hr
Survey Tech 6 hrs @ $70/hr
2P Survey Crew 14hrs @ $130/hr.......................................... $2,960.00
Total Contract Modification $2,960.00
Original Contract Amount........................... $96,680.00
Previous Additions/Deletions...............................$0.00
Current Modification ..................................... $2,960.00
Revised Contract Amount ....................... $99,640.00
If the proposed contract modification is acceptable, please sign below and return a copy to us.
0 A;;��-k (A)A,--
Anthony R. eller, President
CESNW, Inc.
2796-cm 1.doc
CESNW,INC.
13190 SW 68TH PARKWAY. STE. 150, TIGARD, OR 97223
503.968.6655 TEL 503.968.2595 FAX w\,W.CESNw.00M
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
92"'D AvENuE SIDEWALK
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and CESNW, Inc., hereinafter referred to as Contractor, entered into on the 1" day of August,
2012,is hereby amended as follows.
2. EFFECTIVE DATE AND DURATION
This agreement shall become effective upon the date of execution by the City's Local Contract
Review Board, and shall expire, unless otherwise terminated or extended, on completion of the work
or_Jtffte 30, -2 December 31, 2013, whichever comes first. All work under this Agreement 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 TIGA RD CE NW,INC
Signature S azure
Printed Name Printed Name
f - r -7h
Date Date
Contract#
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
924D AVENUE SIDEWALK
THIS AGREEMENT, made and entered into this 1" day of August, 2012, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and CESNW, Inc., whose authorized
representative is Tony Weller, and having a principal being a registered engineer of the State of Oregon,
hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2012-2013 budget provides for the design and construction of a
sidewalk on 92 d Avenue from Waverly Drive to Cook Park (CIP #95037); 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 by the City's Local Contract
Review Board,and shall expire,unless otherwise terminated or extended, on completion of the work
or June 30, 2013, 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
Ninety Six Thousand Six Hundred Eighty and No/100 dollars ($96,680.00) 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 Engineers 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.
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.
2013 ESA—92nd Avenue Sidewalk 2
6) If Engineer fails, neglects or refuses to make prompt payment of any claim 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.
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. Any reuse by the City
without the involvement of the design professional will be at the City's sole risk.
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 make 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 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.
6. 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
2013 ESA—92
nd Avenue Sidewalk 3 1 Page
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.
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
thisindemnity 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.
2013 ESA—92nd Avenue Sidewalk 4 1 1' a g c
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.
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,
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.
8. 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 Engineers 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 LiabilitcF
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 claim 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.
2013 ESA—92"d Avenue Sidewalk 5 1 Page
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
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
All policies aforementioned, other than Professional Liability, 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 required 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. 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.
H. 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 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 address
below ten days prior to coverage expiration.
I. Primary Coverage Clarification
2013 ESA—92 d Avenue Sidewalk 6 1 1' a ; c
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 required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
The City reserves the right to request 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. If the
City requests such copies they shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing 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 funds.
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.
2013 ESA—92"d Avenue Sidewalk 7 1 1' a g, Lt
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.
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:
CITY OF TIGARD CESNW,INC.
Attn: Mike McCarthy, Sr.Project Engineer Attn: Tony Weller
Address: 13125 SW Hall Blvd. Address: 13190 SW 68`h Parkway, Suite 150
Tigard, Oregon 97223 Tigard, Oregon 97223
Phone: (503) 718-2462 Phone: (503) 968-6655
Fax: (503) 624-0752 Fax: (503) 968-2595
Email: inikemQdgard-oror.gov Email: t-,veller@cesnw.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
2013 ESA—92nd Avenue Sidewalk 8 1 1' a �g e
and addresses of the person to whom notices, bills and payments are to be given by giving written
notice pursuant to this paragraph.
13. 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.
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.
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 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 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 all regulations 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
2013 ESA—92nd Avenue Sidewalk 9 1 11 a g e
Only the City's 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 Law
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
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 books, 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
Engineer shall pay any and all contributions or amount due the Industrial Accident Fund, if applicable,
that Engineer or subcontractors incur during the performance of this Agreement.
2013 ESA—92
nd Avenue Sidewalk 10
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 CE INC.
By: Martha Wine, City Manager By: Autho N ed Contractor Representative
Date Date
2013 ESA—92nd Avenue Sidewalk 111 Page
EXHIBIT 1
SCOPE OF WORK
1. PROJECT UNDERSTANDING
The City desires to construct the a curb and eight foot sidewalk on one side of 92nd Avenue from
Waverly Drive down to the parking lot/concession stand in Cook Park. The project will require an
alternatives analysis to determine the best configuration for the new sidewalk, potential culvert
extension, storm sewer and storm water quality facilities design; wetlands delineation and mitigation
for impacts; and retaining walls.
Engineer will provide design surveying to locate existing features and property lines and civil
engineering for the design and construction documents of the desired improvements. Engineer will
included Ash Creek and Associates and Martin Schott and Associates to provide geotechnical and
environmental consulting and permitting services required for this project. The geotechnical
services will include subsurface investigation and design parameters for fill construction and
retaining wall design. The environmental services willinclude wetlands delineation on both sides of
92nd Avenue, coordination with DSL for concurrence of the delineation, CWS sensitive lands permit,
CORPS/DSL fill permitting,mitigation requirements and planting plans.
Construction services for bidding, staking, construction assistance, and record drawings are also
included.
2. SCOPE OF WORK
A. Phase 1—Preferred Alternative Selection
1. Topographic survey (both sides of 92nd from just north of Waverly Drive to the
Restroom/Concession bldg., about 1100 to 1200 feet): Establish horizontal and vertical
control, tie existing monumentation necessary to establish the existing right-of-way,
property lines and easement locations. Topographic design survey will include existing
topographic features, trees, utilities, etc.within the project area.
2. Wetland Delineation: Identify the limits of the existing wetlands along both sides of 92nd
Avenue and prepare a delineation report. Meet with DSL representatives for delineation
concurrence.
3. Geotechnical Investigation: Subsurface investigation and report to determine engineered
fill and retaining wall design and construction requirements.
4. Constraint Analysis and preliminary alignment choices for each side of 92nd
a. Add line work for a sidewalk on both west and east sides to the topographic survey
basemap
b. Meeting with City project team to determine the two alternatives to move forward to
the decision matrix.
5. Prepare 20 to 30 percent design: prepare preliminary vertical alignment based on revised
horizontal alignment to determine grading extents, wetlands impacts, potential right of
way needs and storm drainage impacts.
2013 ESA—92nd Avenue Sidewalk 12 1 Page
6. Prepare preliminary cost estimate: Prepare a preliminary estimate for both alternatives.
7. Evaluate each alternative for permitting impacts: Determine the permitting/mitigation
requirements for each alternative.
8. Prepare decision matrix: Identify the pros/cons for each alternative and their associated
costs.
9. Review with City Project Team: Review alignment alternatives and decision matrix with
City Staff. Make any revisions as appropriate.
10. City Transportation Committee meeting: Presentation/meeting with City transportation
committee.
11. Public meeting: Conduct public/neighborhood meeting to review potential impacts and
gather input from adjacent property owners. The City will prepare and send meeting
notification letter.
12. Meeting w/City Project Team: Meet urith City to select preferred alternative.
B. Phase 2—Construction Documents & Permitting
13. Review existing culvert size on 92nd: Verify that the existing culvert is sufficient for the
existing flow and determine the extension or replacement requirements based on the
selected alignment and flow capacity.
14. Wedand/buffer mitigation: Prepare application for mitigation bank to comply with
wedand mitigation needs. Work with City staff to determine an appropriate site for
CWS buffer enhancement/mitigation needs. We have assumed that a topographic
survey and wedand delineation would not be required for the mitigation needs.
15. Prepare CORPS/DSL and CWS permits: Prepare CORPS/DSL wetland fill permit
application package. Respond to public and private comments during notice period.
Prepare a sensitive Lands Report for Clean Water Services including a Tier 2 analysis.
16. Prepare 60% construction documents & updated cost estimate: Preliminary drawings to
include: Tide sheet; typical cross sections; plan and profile sheets; storm drainage; and
major construction details. Estimate preliminary probable construction costs.
17. Identify Right-of-Way needs: Identify any right of way needs. Prepare legal descriptions
for right-of-way easements (assumed 3 would be required). Right-of-way acquisition
services to be provided by City.
18. City Transportation Committee meeting: Presentation/meeting with City transportation
committee.
2013 ESA—92nd Avenue Sidewalk 13 1 1' i g c
19. Public meeting: Conduct public/neighborhood meeting to review potential impacts and
gather input from adjacent property owners. The City will prepare and send meeting
notification letter.
20. Prepare 90% construction documents & updated cost estimate: Revisions to the 60%
plans will be based on comments received from the City. Construction notes and details
will be added to the drawings. Drawings to include: Tide sheet; typical cross sections;
erosion control plans; plan and profile sheets; retaining walls and railing; storm drainage
and storm water quality treatment; signing and striping;and construction details.
21. Council Presentation: Prepare a presentation for the City Council detailing the design
and scope of the project.
22. Prepare 100% construction documents: Prepare revisions to the 90% plans based on
comments received from the City. Provide master bid ready documents to City.
C. Phase 3 —Bidding & Construction Services
23. Respond to Bidder inquires: Respond to bidder inquires. Prepare addenda if required.
24. Review Bids w/City Project Team: Prepare comparison spreadsheet of all bid prices and
assist City staff with bid review.
25. Provide Construction Staking: Provide one set of construction stakes for clearing and
grading, curbs,retaining walls, and storm drainage.
26. Provide Construction Administration/Assistance: Provide construction support services
on an on-call basis.
27. Record Drawings: Prepare record drawings showing the as constructed facilities based
on construction observation and contractor provided notes.
28. Project Closeout: Final walk through with City staff and contractor. Provide project
files as required by City.
2013 ESA—92nd Avenue Sidewalk 14 1 1' a < c