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WHPacific Inc ~ C130016 13 � CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT INTERSECTION/STREET IMPROVEMENTS SW 72"'0AVENUE/DARTMOUTH STREET AMENDMENT #2 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and WHPacific, Inc., hereinafter referred to as Contractor, entered into on the 24th dad- of July, 2012, is hereby amended as follows: 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on tme Y), 2013 June 30, 2014. 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 TIGARD WH PACIFIC INC. Signature Signature Printed Name Printed ame 11012-4)13 _ 616 /, Date Date City of Tigard CONTRACT CHANGE ORDER/ gars r Hall Burd. Tigardd,OrSW 97223 AMENDMENT SUMMARY FORMPhone- (503) 63'9-4171 F � P'ax- (503) 684-1297 s��.a�ti-.ti>ax•d-ter..>r�v Project Title: SW 72"d Avenue/Dartmouth Street Project Manager: IvUe McCarthy Contractor: WH Pacific Original Contract#: C130016 Effective 7/24/12 1 Change Order/Amendment Amount: $205,302 Accounting String: See below I Amendment Percentage Runnin Total: % AMENDMENT DETAILS Scope of work change. t�pproved by council on May 14, 2013. ACCOUNTS TO CHARGE UNIT QTY UNIT$ TOTAL$ 460-8000-56005-95035-200 108,810.06 460-8000-56005-95035-410 96,491.94 REASONING FOR CHANGE ORDER/AMENDMENT The City would like to revise the currently contracted design to include elements of the five lane improvement in all directions, and place the signal poles in the correct location at all corners. For more details,please see attached Memo. REQUESTING PROJECT MANAGER AP PROV ITY STAFF — - Signature --- S1 ature bd Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for 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 25%of the original contract. Date 44 City of Tigard M Memorandum To: Toby LaFrance, Finance Director From: Mike Stone, City Engineer Re: 72"a Avenue / Dartmouth Street Intersection Improvements—Design Contract Date: April 16, 2013 Summary WHPacific, Inc. was hired in 2012 to complete the design of a traffic signal and associated improvements to the intersection of 72"d Avenue with Dartmouth Street at a design cost of$97,240. A pending development (Walmart)will significantly change transportation conditions in this area. We are requesting an exemption from the Local Contract Review Board in accordance with Tigard Public Contracting Rule 10.110 to allow this design contract to be expanded to$205,302 in order to widen 72"d Avenue and add sidewalks through its narrow section south of Dartmouth Street. The Original Project The original$1.4 million project, as outlined in the 2013-2017 Capital Improvement Plan (CIP), was to construct a traffic signal and related turn lanes at the intersection of 72nd Avenue"kith Dartmouth Street. However, the Walmart development will be constructing the traffic signal as a condition of development. While the city will still need to construct the turn lanes and intersection street improvements,it will not need to fund the installation of the traffic signal. The Proposed Project Expansion The section of 72nd Avenue south of Dartmouth Street is very narrow. It lacks sidewalks along some segments; this causes pedestrians to walk in busy vehicle travel lanes. Traffic volumes will increase significantly with the new Walmart development; this will exacerbate the issues associated with this narrow section of roadway. (It was not feasible to require Walmart to widen this section of 72nd Avenue, as the traffic it will generate did not exceed the capacity threshold). Due to Walmart's investment in the signal, staff will propose, (in the 2014-2018 CIP), to use funds from the original project,along with$1.4 nullion in additional funding,to: • Widen 72nd Avenue to its design width and construct sidewalks along 72nd from Dartmouth Street south to just before the intersection with Hermosa Way. • Add a right turn lane on Dartmouth Street approaching 72nd Avenue to enhance traffic flow. • Construct a sanitary sewer line under 72nd Avenue so adjacent,unserved properties can be served without tearing up the new road in the future. • Construct the turn lanes and intersection street improvements from the original project. • Provide a continuous sidewalk along 72nd Avenue from Dartmouth Street across the Highway 217 interchange. The expanded project will leverage Walrnart"s multi-million dollar investment in street improvements and expand the transportation benefits by helping alleviate the traffic congestion and improve pedestrian safety along 72nd Avenue. The Exemption Need WHPacific, Inc. was hired in 2012 to complete CIP project # 95035, the design of a traffic signal and associated improvements to the intersection of 72nd Avenue with Dartmouth Street at a design cost of $97,240. In accordance with Tigard Public Contracting Rule 70.015C.1.b., they were appointed to do this work as a continuation of previous preliminary design work they had done for the 72d/Dartmouth intersection to bring this project design to about a 60%level. Their initial task was to take this 60% design and flesh it out to 100% complete bid documents, so the city could bid and award the intersection project. A large development on Dartmouth Street had been approved a few years ago,and one of its conditions is to install a traffic signal (but no other improvements) at the intersection of 72"`'Avenue and Dartmouth Street. The city learned in 2012 that this development is moving forward again,with Walmart as its primary store. lili'ith Walmart required to construct the signal,the city's design effort changed to focus on the street improvements (instead of the signal) and coordinating with Walmart's engineer so that the signal equipment will:be put in the right place for the future road improvements. Meanwhile, the city has been aware of the need for a project to widen 72"d Avenue through its currently narrow section south of Dartmouth Street. While this has been a high priority project, it has not yet received funding. The Walmart development will add a significant amount of traffic in this area, increasing the need to complete this project. Engineering staff have worked with WHPacific,within the current contract to a) coordinate with Walmart's engineer by provide the road design information necessary for the signal, and b) provide conceptual design of a project to widen 72nd Avenue to its planned width south of Dartmouth Street,including a pedestrian connection to the existing sidewalk north of Beveland Street. WHPacific is finishing up this work, and city staff have been pleased with their work. Tigard Public Contracting Rules Section 70.015 would require that the city conduct a competitive Request For Proposals (RFP) process to choose a consultant to complete the design of this project. Typical primary factorsin an RFP process include experience on similar projects in the area, and knowledge of the project to be completed. The fact that WHPacific has completed (and completed well) the preliminary design of this project makes it very difficult to conceive of another company being seen as more qualified through this RFP process. When consultants respond to an RFP, they put significant cost and effort into preparing their proposal. It is our desire to be respectful of the time and effort of the private engineering community. We believe it would not be right to put out an RFP that would cause them to invest significant time and effort on a proposal when,by virtue of project-specific experience,it is already clear that a particular company is most qualified for this project. In addition, any other firm would need to spend considerable time (and thus expense) learning the project knowledge that the WHPacific team already has. For these reasons,we are requesting an exemption from the Local Contract Review Board in accordance with Tigard Public Contracting Rule 10.110 to allow this design contract to be expanded to $205,302 in order to widen 72nd Avenue and add sidewalks through its narrow section south of Dartmouth Street. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT INTERSECTION/STREET IMPROVEMENTS SW 72ND AVENUE/DARTMOUTH STREET AMENDMENT#1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and WHPaciftc, Inc., hereinafter referred to as Engineer, entered into on the 24'h day of July, 2012,is hereby amended as follows: 1. Engineer's Scope of Services The Engineer shall perforin professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, as altered by this amendment,,which is attached hereto and by this reference made a part 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 shah 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 Two Hundred Five Thousand Three Hundred Two and No/100 Dollars ($205,302.00) Dollars (&97,2 4? without prior written authorization. EXHIBIT 1 PROJECT SCOPE OF WORK The following changes to the project scope of work are to reflect a change in the overall nature of the project. Due to significant portions of the original scope of work now being performed by a private developer moving into the area, the City and Engineer have agreed to change the overall scope from intersection improvements and traffic signal nation to street improvements focusing on the widening of 72"d Avenue to is planned width south of Dartmouth Street, including a pedestrian connection to an existing sidewalk north of Beveland Street. By this amendment—DELETE the entire Project Scope of Fork section and replace with the following: PROJECT COMMUNICATION Comnzutucation is an important element to the successful completion of the Project. All communication and deliverables covered under this Agreement shall be directed to the City's Project Manager. All transmittals from Engineer to City must include the Project Name and Contract Number. ROLES AND RESPONSIBILITIES CITY The City's Project Manager is the primary point of contact for Engineer. The City's Project Manager has the authority to review and accept all Engineer deliverables. The City's Project Manager may distribute deliverables to appropriate City personnel for review and approval. As owner of the facility, the City has overall authority in scope,schedule and budget of the Project. City is responsible for the following: • Management of the overall project • Coordination with property owners regarding development • Coordination with property owners regarding right-o£--way and easement dedication • Review and approval of stages of the design ENGINEER Engineer shall provide all labor, equipment, and materials to provide the Services as outlined in this Agreement. Engineer must notify City immediately (within 2 business days) upon discovery of any changes in the Project that impact scope, schedule or budget, and prepare and document changes in the Project as described in the Project Communication section. Overview of tasks: • Provide project management and administration for design of the Project • Provide staff, materials and resources to complete the work described in this document for the design of the phased improvements to the intersection limey Personnel: Maintaining consistent staff throughout the project is important. A change to the key project staff is subject to City approval. I<ey project staff includes the following: Project Manager: Wayne Dauer Project Engineer: Igen Rehms Drainage Engineer: Jason Truong Project Surveyor: Scott Grubbs PROJECT DESCRIPTION This project was previously designed to provide a five lane improvement on SW Dartmouth, a five lane improvement on S\X' 72nd Avenue north of Dartmouth, and an interim improvement on 72nd Avenue south of Dartmouth. The improvement has been constructed on the southeast side of the intersection, but needs to be reviewed and revised to reflect the ultimate improvement. Improvements on the northeast side of the .intersection have not been constructed, and will be completed as part of the future development. The location of the signal pole at the northeast corner needs to be reviewed to verify if it can work with an interim improvement. There is also a development in progress to the west on SVG' Dartmouth with a requirement to add a traffic signal at the intersection. This project will include reviewing and coordinating improvements with that design. A sidewalk will be added along the roadway frontage to the west on the south side of SW Dartmouth for approximately 300 feet. The City would like to revise this design to include elements of the five lane improvement in all directions, and place the signal poles in the correct location at all comers. The design of the intersection, especially on the south side is to be developed as an interim improvement considering the ultimate improvement for this intersection. There will not be improvements to the north side of Dartmouth east of the intersection, or on SW 72nd Avenue north of the intersection, since these will be completed as part of a future development. The design rill include reviewing their proposed future improvement for consistency with the improvement included in this project. This work scope includes the tasks through construction. DELIVERABLES and.MEETINGS O'VERVIE'W Deliverables: Engineer shall submit all deliverables to City or designee unless othem ise noted. An deliverables must be submitted electronically (if prepared electronically) and in hard copy. Engineer shall prepare and submit deliverables ui electronic format compatible with Microsoft Windows or NT based platforms running Microsoft Office 2010 software including MS `Ford, MS Excel, and MS Project. City may designate an FTP site for submittal of electronic deliverables. Meetings: Engineer shall schedule, attend, participate in and facilitate all Project meetings. Engineer shall prepare agendas and distribute at least 2 business days prior to meeting date (unless stated otherwise in a particular task, or if other timeframe is approved). Engineer shall prepare meeting minutes and distribute within 5 business days of meetings. WORK'TASKS Engineer is responsible for all tasks, subtasks and deliverables identified in this Agreement unless specifically stated other-,aise. Engineer shall provide all labor, equipment and materials to manage, coordinate, and complete the work. ']CASK 1.0-CONTRACT MANAGEMENT This activity is continuous throughout the duration of the Project. Engineer shall guide and direct the overall processes and Project team in conformance with the Project's goals and objectives. Engineer shall monitor progress of the Project. Task 1.1 WOC .'administration Engineer shall provide leadership, direction and control of work tasks within this agreement including; • Direct team with regard to overall Project activities and team meetings. • Maintain liaison and coordination with City staff to facilitate timely, efficient operations for all involved.. Task 1.2 Status Reports and Schedule jj dates Engineer shall prepare a monthly invoice and status report to show progress throughout the duration of this Agreement. Engineer shall submit the monthly invoice and status reports to the city project manager. Deliverables • Monthly Project Status Deports and Invoice • Project Schedule updates as necessary. Task 1.3 Meetings Fork in this task includes the Project Kickoff Meeting and two progress meetings to review deliverables. The Project Kickoff Meeting will be conducted with the City to review project scope of work, work products and deliverables, schedules, budgets, utility coordination, design criteria, and guidance documents and standards as well as duality control. Final project instructions rill be developed by the Engineer's Project Manager from the discussion at the Kickoff Meeting and distributed to all team members for use during the project development. It will also be appropriate to include PacLand (the design firm for the Walmart development) in these meetings to coordinate the project design. 1.3.1 Complete additional coordination meetings with City to coordinate the project. This includes a total of three additional meetings. TASK 2.0-SURVEY AND TRAFFIC STUDIES A topographic survey has been prepared and will be extended as part of this phase of the project. Task 2.1 Supplemental Surveying and Right-of-Way Resolution Survey Scope of Fork shall consist of the following: 2.1.1 Restablish control based on original survey. Topographic mapping will be completed to update the basemap with current information at the intersection south approximately 30)0) feet and east approximately 1501' to verify the recent construction. This includes surveying the new curb, storm sewer and other recent improvements. 2.1.2 Update the DTM to reflect the additional topographic survey-. The limits shall extend 25 feet beyond the right of way lines in all directions. Traffic Analysis The City will review the previous traffic report and recent development-related traffic studies to confirm the existing and projected traffic volumes at the 72nd/Dartmouth intersection and possible need for the addition of a future right turn lane on SW Dartmouth for eastbound traffic. TASK 3.0-ADVANCED DESIGN (95%) Engineer will complete an update to the previous design to improve the intersection to the full 5 lane improvement for the advanced plan design (95 percent completion) of the sidewalk, roadway and storm drainage improvements. 1-be signal, intersection, roadway widening, sidewalk and storm drainage design unll be performed by Engineer and its subcontractors team and coordinated with the City. Drawings will be prepared in AutoGAD Civil 3D 2010 and hard copies will be submitted on half size sheets. Task 3.1 Signal, Intersection Roadway. Sidewalk Storm Draiia e Landscaping and Irrigation Desi n Drawings for the signal, intersection, sidewalk/roadway plan and profile, storm drainage, typical roadway sections, details, erosion control, signing, striping, landscape and irrigation plans will be revised for the advanced plan (90 percent) design. Design standards used include AASHTD A polity on Geometric' Design o/' Hug krgys and Streets(2011). The design plans will serve as a basis to review the potential utility conflicts. City standards as well as those recommended by the City will be consulted for the most appropriate site layout and features. The topographic survey and as-built plans to date will be used as a basis for the advanced plan design. The landscape tree planting and irrigation plans will be reviewed and updated to reflect the current development plans. No pavement design is assumed for this phase. The section included in the previous design work will be used for the structural section based on the functional classification. Signal pole locations will be determined by Engineer for the 5 lane intersection configuration and provided to PacLand. PacLand will complete the design modifications for the signal plans to be included in the construction plans. 3.1.1. Complete advanced plan (951/6) roadway design for the extension of the improvements to south of SVG'Etm-burst. 3.1.2. Complete advanced plan (956/0) roadway design of the impro`rernents to SW Dartmouth west of the intersection with SW 72nd Avenue. 3.1.3. Complete advanced plan (95% roadway design for Elrnhurst Avenue, including the retaining wall design. 3.1.4. Complete the landscape design for the improvements on SW Dartmouth and 72nd to advanced plan ()56/6) level. 3.1.5. Design the revisions to the retaining walls and features on the SE and SW corners of the intersection. 3.1.6. Coordinate the signal design work being completed by PacLand. 3.1.7. Prepare the streetlighting, signing and striping design to the advanced plan (956/0) design completion. 3.1.8. Develop intersection paving design concepts for concrete paving construction. 3.1.9. Complete construction cost estimates for the 950,10 submittal. Task 3.2 Utilit}T Notification Coordination and Underground Conduit Design 1~ngu-►ecr will update the listing of all utilities within the limits of the project A letter with the tentative project schedule will be sent to notify each of the respective utilities. Utility coordination will be on-going through final design. The utility= coordination with respective utilities will define the need for the number and sizes of conduits of respective utilities for undergrounding of overhead utilities along the project limits. It shall be assumed that the undergrounding of overhead utilities will be to the limit of improvements along 72nd Avenue, with a transition back to the existing overhead systems. Utilities relocation will be coordinated with the respective utilities. Meter base modification design, if required for change from overhead to underground of utilities is not included as part of this scope of work. Advanced plans will be sent to each of the respective utility companies for review of project impacts. Possible conflicts with these utilities will be identified. Engineer will prepare a utility conflict letter identifying the conflicts. Engineer will coordinate with the utilities for the submission of utilities relocation and underground conduit plans, and relocation schedule. 3.2.1. Coordinate utility undergrounding design with PGE and frontier. The design will be completed by the utilities. Task 3.3 Wetland Permitting and Mitigation A permit application was submitted to DSL and ALOE in the previous contract. Work in this task includes determining the final wetland impacts based on the revised design. The City will complete all wetland mitigation design work and submit to agencies for approval_ The City will also complete the permit application and submit for approval. No additional cost has been added for the permitting. Research with DSL and ALOE determined that the previous wetland pertnits have lapsed and a revised permit application is needed. This task includes completion of the revised permitting including: 3.3.1 Prepare joint wetland permit application form and exhibits, using existing information to the extent possible, with updated fill/removal quantities and mitigation plan. Coordinate with DSI. and ACCT during permit review process to facilitate permit issuance. It is assumed that the previously proposed off site mitigation at Hiteon Creek has been completed. It is also assumed that purchase of mitigation bank credits is now available and will be proposed as an alternative to on-site mitigation. Task 3.4 Cons tructabA ty Review Engineer shall conduct an internal quality assurance construct-ability review of the prelirninary plans, and the construction schedule prior to the submittal to the City. The City's Project Manager shall coordinate City plan review and return comments to Engineer within two (2) weeks from the submittal date. Task 3.5 Easement Deternaination Property owners have agreed to or already dedicated right-of-way or easements to construct the signal and roadway improvements at the northeast and southeast corners of the intersection. Easements may be needed on the southwest corner to build the signal or extend the storm sewer. Based on the 95% advanced design, easement(s) requirements on the north and south side of 72nd Avenue will be develop to carry forward with the City for:revie%v and discussion. If acceptable by the City, these easement(s) will be carried forward for legal description and exhibits. Legal description and exhibits for casements will be prepared as part of this work scope for use in discussions with the adjacent property owners. 3.5.1. Prepare legal descriptions and exhibits for the right-of-way-acquisition and easements for all properties south of SV' Dartmouth.. 3.5.2. Complete the appraisal staking of these properties.. 3.5.3. Assist the city and their consultant with the acquisition process by providing site plans and design information. Task 3.6 Permits Application Engineer will submit the information to complete the SLOPES applications. This information will include drawings, impact boundary maps, and material quantities. Permit applications, along with appropriate technical documentation will be prepared and submitted to the City for review and comment prior to submittal. TASK 4.0-P5&E DEVELOPMENT(100%) Final design will commence after the 95% review session and comments rx-ith the City. The review of Phase 3 will result in defining the project work limits for improvements at the intersection in all directions. Engineer will incorporate the City comments, finalizing the design improvements through preliminary design and develop PS&E through final design and preparation of construction documents for bidding. Drawings will be drafted in AutoCAD Civil 3D and submitted on half size sheets. Task 4.1 Signal, Intersection,Roadway,Sidewalk, Storm Drainage I� andscaping and Irrigation Demon This design will include revising the intersection design and the transition to the south on SW 72nd Avenue. This task includes incorporating the City's review comments and completing the design and construction drawings to the 100%© plan stage. Final drawings for the intersection including sidewalk and roadway construction plan and profile at the intersection and west of the intersection, storm drainage, typical roadway sections, erosion control plans, street tree planting and irrigation design will be developed for final (100 percent) design. The final design plans will assist with coordinating with adjacent property owners and finalize the utility relocation plans. The plan list will be updated from the current plans and include, but not be limited to the fallowing: • Title Sheet • Index of Sheets and Standard Drawing List • Typical Roadway Sections • Roadway and associated Details • Temporary Erosion Control Plans and details • Roadway/Sidewalk Plan and Profiles • Storm Plan and Profile • Landscape Planting and Irrigation Plan • Signing and striping plans and details Plans to be provided by others are: • Signalization Plans (By PacLand) Coordination work is included for the completion of this design. 4.1.1. Complete final design (100%) roadway design for the extension of the improvements to south of SW Elmhurst. 4.1.2. Complete final design (100%) roadway design of the improvements to SW Dartmouth west of the intersection with SW 72nd Avenue. 4.1.3. Complete final design (100%) roadway design for Elmhurst Avenue, including the retaining wall design. 4.1.4. Complete the landscape design for the improvements on SW Dartmouth and 7211d to final design (1009/6) level. 4.1.5. Design the revisions to the retaining walls and features on the SE and SW corners of the intersection. 4.1.6. Prepare the street lighting design to the final design (100%) design completion. 4.1.7. Develop intersection paving design for concrete paving construction. 4.1.8. Complete construction cost estimates for the 100%u submittal. Task 4.2 Signing and Stj:iping Plan Preparation of the traffic signing and striping plans will include revising the plans prepared in the 95% submittal. Task 4.3 Permit Status and Approval Final permit coordination with agencies will be made to determine the permit status, and the time frame for approval. Required permits include Department of Environmental Quality Felon-Point Source Water Permit (NPDES). The applicable fees for the permits, if any,is assume to be paid by the City. Applications will be submitted to City for review prior to mailing to the appropriate regulatory agencies. Task 4.4 Utility Coordination and Design Final utility coordination will be completed with affected utilities during tivs period. This information will be used to update the Contract conduit Plans regarding location and layout, and update the Special Provisions to include description of the utility conflicts and their general location, conflicting utility facility located along the public road right-of-way or private property, and estimated completion date for the utility relocation work. I Task 4.5 Specifications.and Special Provisions Special provisions supplementing CTC►T's Standard Specifications for Highway Construction will be prepared by Engineer to complement the construction drawings. Special provisions will address key construction issues, technical construction requirements, permit requirements, utility coordination, and other critical project requirements. Special provisions will be developed in close cooperation with City staff. "Boiler Plate" electronic special provisions will be used, "redlined" electronically, and submitted to the City for review, assemblage into a review package and distribution. Task 4.6 Quantities and Cost Estimates A quantity take off will be performed by Engineer. This information will be used to develop the bidding schedule in the special provisions. A hard copy will be provided to the City. A construction cost estimate will be prepared for each submittal to provide the City with budgetary information for the intersection work. Units for quantity measurement will be established that are most appropriate for the project. Recent cost history xvill be obtained from similar projects, and adjusted for the location and unique features of the project. The final cost estimate will be submitted to the City for review to formulate the final Engineer's Estimate for construction. Task 4.7 Constructability Review Engineer shall conduct an internal quality assurance constructability review of the advanced plazas, special provisions, cost estimate and the construction schedule prior to the submittal to the City. The City's Project Manager shall coordinate City plan review and return comments to Engineer within two (2) weeks from the subira ttal date. Task 4.8 Final PS&E Following reviews by City staff and completion of a review session, appropriate agreed upon revisions will be made to the plans, cost estimate and Special Provisions. The estimate will be updated to an Engineer's Estimate and the final PS&E representing 100 percent completion will be submitted to the City for final review, approval, and final establishment of the bid advertising date. Approved permits will be submitted with the Final PS&E (100%) to the City. The 100 percent submittal will consist of the original set of mylars, PR stamped, signed and dated according to standard office practice, pdf electronic copies of these plans and final special provisions. The Final Engineer's Estimate and estimated construction time schedule will be delivered to the City for their use in evaluation of received bids. project closeout activities will include storage of design data and work products, and final invoicing. An electronic copy of the final plans, special provisions and cost estimate will be provided to the City. TASK 5.0-BID ASSISTANCE Task 5.1 Bid Assistance Engineer will assist the City during the bidding process by responding to questions by construction contractors. .Assist the City in preparing and issuing addendum. assume no pre-bid and one pre- construction meeting for this project. TASK 6.0-CONSTRUCTION SUPPORT AND As-BUILT PLAN PREPARATION Task 6.1 Construction Support The City will complete the construction management and inspection for this project. Engineer will assist with construction by responding to questions and Requests for Information, as well as review submittals and shop drawings. Task 6.2 As-Built Plans As authorized and directed by the City, Engineer will prepare and complete as-constructed plans for the Dartmouth Street/72nd Avenue Intersection and submit the as-built to the City of Tigard's Project Manager. TASK 7.0,SANITARY SEWER DESIGN An extension of the sanitary server is needed along SW 72nd Avenue to address system needs in this area. The extension begins at S\X' Dartmouth, extending south to approximately 180 feet south of SW Ehxahurst. An extension is also needed on SW Elmhurst from SSG' 72nd Avenue east past the limits of the street improvements,which is approximately 100 feet. "Task 7.1 Meetings and Management Engineer shall provide direction and control of work tasks for the design of the sanitary sewer within this task. This shall also include three progress meetings to review the design. This will be conducted with the City to review project scope of work, work products and deliverables and utility coordination related to the sanitary sewer design. • Direct team with regard to overall Project activities and team meetings. • Meet with and coordinate with City staff to facilitate timely, efficient operations for all involved. Task 7.2 Conceptual design to Advanced DesiW-i (95%) Submittal Survey work for has been completed to provide adequate information for the design, including the survey to locate the houses on two properties. The sanitary sewer design information will be added to the roadway design plan and profile sheets. The initial task will be to develop a concept plan and profile for the sanitary sewer and review that with City staff. This will be followed by developing the design to include in the 95°to submittal. This includes developing special specifications to complete the construction. Task 7.3 PS&E (100%) Submittal Following reviews by City staff and completion of a review session, appropriate agreed upon revisions will be made to the plans, cost estimate and Special Provisions for the sanitary sewer. The estimate will be updated to an Engineer's Estimate and the final PS&E representing 100 percent completion will be submitted to the City for final review, approval, and final establishment of the bid advertising date. The plan design information will be included in work inTask 4.5 and 4.8. 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 WHPACIFI ,I c. Signature Signature lei arfhg_ Z, Wi Printed Name Printed lean e Date Date Contract#-O—t j to CITY OF TIGARD, OREGON ENGINEERING SERVICES AGREEMENT INTERSECTION IMPROVEMENTS—SW 72ND AVENUE/DARTMOUTH STREET THIS AGREEMENT, made and entered into this 24`'' day of July, 2012, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and WHPacific, Inc.,whose authorized representative is Wayne Bauer, 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 intersection improvements at SW 72°`'Avenue and Dartmouth Street; 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 signatures 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 Seven Thousand Two Hundred Forty Two and No/100 Dollars ($97,242.00) 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 i 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. 2013 ESA 72 d/Dartmouth Intersection Improvements 2 P a g e Y 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any 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 Citi- shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also 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. 2013 ESA 72nd/Dartmouth Intersection Improvements 3 113 a y c. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Engineer to provide services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. 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. 2013 ESA 72nd/Dartmouth Intersection Improvements 4 1 1' a � �: Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard,its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub-consultants, agents or employees under this contract. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any design work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Engineer,regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer. S. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: 2013 ESA 72nd/Dartmouth Intersection Improvements 5 1 1'a r Coverage Limit General Aggregate $4,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per 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. 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 2013 ESA 72nd/Dartmouth Intersection Improvements 6 1 P a g c. "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 RatinLy 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 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. 2013 ESA 72"d/Dartmouth Intersection Improvements 7 11>a g e, 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. 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 tights 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 2013 ESA 72❑d/Dartmouth Intersection Improvements 8 1 Page 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 WHPACIFIC,INC. Attn: Mike McCarthy Attn: Wayne Bauer Address: 13125 SW Hall Blvd. Address: 9755 SW Barnes Road, Suite 300 Tigard, Oregon 97223 Portland, Oregon 97225 Phone: (503) 718-2462 Phone: (503) 372-3520 Fax: (503) 624-0752 Fax: (503) 526-0775 Email: mikem@tigard-or.-gov Email: wbauer@Engineer.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. 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. 2013 ESA 72nd/Dartmouth Intersection Improvements 9 1 P a c After such consultation, the Engineer shall have ten (10) 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 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 2013 ESA 72°d/Dartmouth Intersection Improvements 10 1 1' a g U 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 form that Engineer or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This ,agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No waiver, consent,modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Engineer, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Architect has executed this Agreement on the date hereinabove first written. CITYYf OF TIGARD PACIF , By: Martha m .e, City Manager B thorize Contractor Representative /r 12-9 Date Date 2013 ESA 72"d/Dartmouth Intersection Improvements 11 P a g e EXHIBIT 1 PROJECT SCOPE OF WORK PROJECT DESCRIPTION This project was previously designed to provide a five lane improvement on SW Dartmouth, a five lane improvement on SW 72nd Avenue north of Dartmouth, and an interim improvement on 72nd Avenue south of Dartmouth. The improvement has been constructed on the southeast side of the intersection, but needs to be reviewed and revised to reflect the ultimate improvement. Improvements on the northeast side of the intersection have not been constructed, and will be completed as part of the future development. The location of the signal pole at the northeast corner needs to be reviewed to verify if it can work with an interim improvement. There is also a development in progress to the west on SW Dartmouth with a requirement to add a traffic signal at the intersection. This project will include reviewing and coordinating improvements with that design. A sidewalk will be added along the roadway frontage to the west on the south side of SW Dartmouth for approximately 300 feet. The City would like to revise this design to include elements of the five lane improvement in all directions, and place the signal poles in the correct location at all corners. The design of the intersection, especially on the south side is to be developed as an interim improvement considering the ultimate improvement for this intersection. There will not be improvements to the north side of Dartmouth east of the intersection, or on SW 72nd Avenue north of the intersection, since these will be completed as part of a future development. The design will include reviewing theirproposed future improvement for consistency with the improvement included in this project. DELIVERABLES AND MEETINGS OVERVIEW Deliverables: Engineer shall submit all deliverables to City or designee unless otherwise noted. All deliverables must be submitted electronically (if prepared electronically) and in hard copy. Engineer shall prepare and submit deliverables in electronic format compatible with Microsoft Windows or NT based platforms running Microsoft Office 2010 software including MS Word, MS Excel, and MS Project. City may designate an FTP site for submittal of electronic deliverables. Meetings: Engineer shall schedule, attend, participate in and facilitate all Project meetings. Engineer shall prepare agendas and distribute at least 2 business days prior to meeting date (unless stated otherwise in a particular task, or if other timeframe is approved). Engineer shall prepare meeting minutes and distribute within 5 business days of meetings. WORK TASKS Engineer is responsible for all tasks, subtasks and deliverables identified in this SOW unless specifically stated otherwise. Engineer shall provide all labor, equipment and materials to manage, coordinate, and complete the work. 2013 ESA 72nd/Dartmouth Intersection Improvements 12 1 Page TASK 1.0 - CONTRACT MANAGEMENT This activity is continuous throughout the duration of the Project. Engineer shall guide and direct the overall processes and Project team in conformance with the Project's goals and objectives. Engineer shall monitor progress of the Project. Task 1.1 WOC Administration Engineer shall provide leadership, direction and control of work tasks within this WOC including: • Direct team with regard to overall Project activities and team meetings. • Maintain liaison and coordination with City staff to facilitate timely, efficient operations for all involved. Task 1.2 Status Reports and Schedule Updates Engineer shall prepare a monthly invoice and status report to show progress throughout the duration of this WOC.Engineer shall submit the monthly invoice and status reports to the city project manager. Deliverables: • Monthly Project Status Reports and Invoice • Project Schedule updates as necessary. Task 1.3 Meetings Work in this task includes the Project Kickoff Meeting and two progress meetings to review deliverables.The Project Kickoff Meeting will be conducted with the City to review project scope of work, work products and deliverables, schedules, budgets, utility coordination, design criteria, and guidance documents and standards as well as quality control. Final project instructions will be developed by the Engineer Project Manager from the discussion at the Kickoff Meeting and distributed to all team members for use during the project development. It will also be appropriate to include PacLand (the design firm for the Walmart development) in these meetings to coordinate the project design. TASK 2.0 - SURVEY AND TRAFFIC STUDIES A topographic survey has been prepared and will be extended as part of this phase of the project. Subtask 2.1 Supplemental Surveying and Right-of-Way Resolution Survey Scope of Work shall consist of the following: 1. Restablish control based on original survey. Topographic mapping will be completed to update the basemap with current information at the intersection south approximately 300 feet and east approximately 150' to verify the recent construction. This includes surveying the new curb, storm sewer and other recent improvements. 2. Update the DTM to reflect the additional topographic survey. The limits shall extend 25 feet beyond the right of way lines in all directions. 2013 ESA 72nd/Dartmouth Intersection Improvements 13 1' st c. Traffic Analysis • The City will review, the previous traffic report and recent development-related traffic studies to confirm the existing and projected traffic volumes at the 72nd/Dartmouth intersection and possible need for the addition of a future right turn lane on SW Dartmouth for eastbound traffic. TASK 3.0 -ADVANCED DESIGN (95%) Engineer will complete an update to the previous design to improve the intersection to the full 5 lane improvement for the advanced plan design (95 percent completion) of the sidewalk, roadway and storm drainage improvements. The signal, intersection, roadway widening, sidewalk and storm drainage design will be performed by Engineer and our subconsultant team and coordinated with the City. Drawings will be prepared in AutoCAD Civil 3D 2010 and hard copies will be submitted on half size sheets. Subtask 3.1 Signal, Intersection, Roadway, Sidewalk, Storm Drainage Design Landscaying and Irrigation Design Drawings for the signal, intersection, sidewalk/roadway plan and profile, storm drainage, typical roadway sections, details, erosion control, signing, striping, landscape and irrigation plans will be revised for the advanced plan (90 percent) design. Design standards used include AASHTO A policy on Geometric Design of Highways and Streets (2011). The design plans will serve as a basis to review the potential utility conflicts. City standards as well as those recommended by the City will be consulted for the most appropriate site layout and features. The topographic survey and as-built plans to date will be used as a basis for the advanced plan design. The landscape tree planting and irrigation plans will be reviewed and updated to reflect the current development plans. No pavement design is assumed for this phase. The section included in the previous design work will be used for the structural section based on the functional classification. Signal pole locations will be determined by Engineer for the 5 lane intersection configuration and provided to PacLand. PacLand will complete the design modifications for the signal plans to be included in the construction plans. Subtask 3.2 Utility Notification, Coordination and Underground Conduit Design Engineer will update the listing of all utilities within the limits of the project. A letter with the tentative project schedule will be sent to notify each of the respective utilities. Utility coordination will be on-going through final design. The utility coordination with respective utilities will define the need for the number and sizes of conduits of respective utilities for undergrounding of overhead utilities along the project limits. It is assumed that the undergrounding of overhead utilities will be to the limit of improvements along 72nd Avenue, with a transition back to the existing overhead systems. Utilities relocation will be coordinated with the respective utilities. Meter base modification design, if required for change from overhead to underground of utilities is not included as part of this scope of work. Advanced plans will be sent to each of the respective utility companies for review of project impacts. Possible conflicts with these utilities will be identified. Engineer will prepare a utility 2013 ESA 72nd/Dartmouth Intersection Improvements 14 1 ]' age conflict letter identifying the conflicts. Engineer will coordinate with the utilities for the submission of utilities relocation and underground conduit plans, and relocation schedule. Subtask 3.3 Wetland Permitting and Mitigation A permit application was submitted to DSL and ACOE in the previous contract. Work in this task includes determining the final wetland impacts based on the revised design. The City will complete all wetland mitigation design work and submit to agencies for approval. The City will also complete the permit application and submit for approval. No additional cost has been added for the Permitting. Subtask 3.4 Constructability Review Engineer shall conduct an internal quality assurance constructability review of the preliminary plans, and the construction schedule prior to the submittal to the City. The City's Project Manager shall coordinate City plan review and return comments to Engineer within two (2) weeks from the submittal date. Subtask 3.5 Easement Determination Property owners have agreed to or already dedicated right-of-way or easements to construct the signal and roadway improvements at the northeast and southeast comers of the intersection. Easements may be needed on the southwest corner to build the signal or extend the storm sewer. Based on the 95% advanced design, easement(s) requirements on the north and south side of 72nd Avenue will be develop to carry forward with the City for review and discussion. If acceptable by the City, these easement(s) will be carried forward for legal description and exhibits. Legal description and exhibits for easements will be prepared as part of this work scope for use in discussions with the adjacent property owners. Subtask 3.6 Permits Application Engineer will submit the information to complete the SLOPES applications. This information will include drawings, impact boundary maps, and material quantities. Permit applications, along with appropriate technical documentation will be prepared and submitted to the City for review and comment prior to submittal. TASK 4.0 - PS&E DEVELOPMENT (100%) Final design will commence after the 95% review session and comments with the City. The review of Phase 3 will result in defining the project work limits for improvements at the intersection in all directions. Engineer will incorporate the City comments, finalizing the design improvements through preliminary design and develop PS&E through final design and preparation of construction documents for bidding. Drawings will be drafted in AutoCAD Civil 3D and submitted on half size sheets. Subtask 4.1 Signal, Intersection, Roadway, Sidewalk, Storm Drainage Design Landscaping and Irrigation Design This design will include revising the intersection design and the transition to the south on SW 72nd .Avenue. This task includes incorporating the City's review comments and completing the design and construction drawings to the 100%plan stage. 2013 ESA 72nd/Dartmouth Intersection Improvements 15 1' 2 C Final drawings for the intersection including sidewalk and roadway construction plan and profile at the intersection and west of the intersection, storm drainage, typical roadway sections, erosion control plans, street tree planting and irrigation design will be developed for final (100 percent) design. The final design plans will assist with coordinating with adjacent property owners and finalize the utility relocation plans. The plan list will be updated from the current plans and include, but not be limited to the following: • Title Sheet • Index of Sheets and Standard Drawing List • Typical Roadway=Sections • Roadway and associated Details • Temporary Erosion Control Plans and details • Roadway/Sidewalk Plan and Profiles • Storm Plan and Profile • Landscape Planting and Irrigation Plan • Signing and striping plans and details Plans to be provided by others are: • Signalization Plans (By PacLand) Coordination work is included for the completion of this design. Illumination Plans are not included. Subtask 4.2 Signing and Striping Plan Preparation of the traffic signing and striping plans will include revising the plans prepared in the 95% submittal. Subtask 4.3 Permit Status and Approval Final permit coordination with agencies will be made to determine the permit status, and the time frame for approval. Required permits include Department of Environmental Quality Non-Point Source Water Permit (NPDES). The applicable fees for the permits, if any, is assume to be paid by the City. Applications will be submitted to City for review prior to mailing to the appropriate regulatory agencies. Subtask 4.4 Utility Coordination and Design Final utility coordination will be completed with affected utilities during this period. This information will be used to update the Contract conduit Plans regarding location and layout, and update the Special Provisions to include description of the utility conflicts and their general location, conflicting utility facility located along the public road right-of-way or private property, and estimated completion date for the utility relocation work. Subtask 4.5 Specifications and Special Provisions Special provisions supplementing ODOT's Standard Specifications for Highway Construction will be prepared by Engineer to complement the construction drawings. Special provisions will address key construction issues, technical construction requirements, permit requirements, utility coordination, and other critical project requirements. Special provisions will be developed in close 2013 ESA 72nd/Dartmouth Intersection Improvements 16 1 ] age cooperation with City- staff. `Boiler Plate" electronic special provisions will be used, "redlined" electronically, and submitted to the City for review, assemblage into a review package and distribution. Subtask 4.6 Quantities and Cost Estimates A quantity take off will be performed by Engineer. This information will be used to develop the bidding schedule in the special provisions. A hard copy will be provided to the City. A construction cost estimate will be prepared for each submittal to provide the City with budgetary information for the intersection work. Units for quantity measurement will be established that are most appropriate for the project. Recent cost history will be obtained from similar projects, and adjusted for the location and unique features of the project. The final cost estimate will be submitted to the City for review to formulate the final Engineer's Estimate for construction. Subtask 4.7 Constructability Review Engineer shall conduct an internal quality assurance constructability review of the advanced plans, special provisions, cost estimate and the construction schedule prior to the submittal to the City. The City's Project Manager shall coordinate City plan review and return comments to Engineer within two (2) weeks from the submittal date. Subtask 4.8 Final PS&E Following reviews by City staff and completion of a review session, appropriate agreed upon revisions will be made to the plans, cost estimate and Special Provisions. The estimate will be updated to an Engineer's Estimate and the final PS&E representing 100 percent completion will be submitted to the City for final review, approval, and final establishment of the bid advertising date. Approved permits will be submitted with the Final PS&E (100%) to the City. The 100 percent submittal will consist of the original set of mylars, PE stamped, signed and dated according to standard office practice, pdf electronic copies of these plans and final special provisions. The Final Engineer's Estimate and estimated construction time schedule will be delivered to the City for their use in evaluation of received bids. Project closeout activities will include storage of design data and work products, and final invoicing. An electronic copy of the final plans, special provisions and cost estimate will be provided to the City. TASK 5.0 - BID ASSISTANCE Subtask 5.1 Bid Assistance Engineer will assist the City during the bidding process by responding to questions by construction contractors. Assist the City in preparing and issuing addendum. Assume no pre-bid and one pre- construction meeting for this project. TASK 6.0 - CONSTRUCTION SUPPORT AND AS-BUILT PLAN PREPARATION Subtask 6.1 Construction Support The City will complete the construction management and inspection for this project. Engineer will assist with construction by responding to questions and Requests for Information, as well as review submittals and shop drawings. 2013 ESA 72nd/Dartmouth Intersection Improvements 17 1 1' a 5 e. Subtask 6.2-As-built Plans As authorized and directed by the City, Engineer will prepare and complete as-constructed plans for the Dartmouth Street/72°d Avenue Intersection and submit the as-built to the City's Project Manager. 2013 ESA 72nd/Dartmouth Intersection Improvements 18 1 P a c BauM Rehm. Keever rvong Duigleyi JOM1mon Heller SmyM Gillies .--an Grubbs --n K- City Baum ArcM1ibaW BngM1am City ofTiga.rd-SW 72nd Ave/SW Dartmouth n. 4M„eager P. e�ma« Pnnepel Lam„� Wen &vwaw _ras+cwM s TWb s>w Pam s«n FtWdTwh 6+a+nnseaam Pru,«.+n.,,en wt�, St Signalization --- ------ - - -- - COT FS.WorkOrderAgreement HST - :^3 �. i�_7:. _.2. ✓R, T5 _g.9G - _•, �,4 .., a. nC.tc „y ,� '0 -Gs x. �wec s __8a rwl &aahgl Hr 1Q1 Cort Hn 3 CeN Mn Cnd Hn Cm1 }fi' Coet hr :•N H�I ,ost Hra Cw( Hn CW Ha Cort Hn CwN Hrs C f fiwa Labor ESttMATED BUDGET T -_ ^- 1 I Task CaNea4t Wt»gamr6li _.-.__.� 1.1 Project Management and Coordination 16 $ 3104000 § I.. $ S $ $ $ $ - - b � $ b - $ E E - 16 E 3,04000 1.2 Status Reports,Schejule and Invoices 12 $ 2,280.00 E $ $ S S - E b - b - 8 $ - E - 20 E 1.360.00 d b 240.00 36 S 3,860.00 1.3' Meetings 12 $ 2,280.00 72 $ 1,644.00440.00 $ $ $ $ $- S $TOG/Tazk 1 d0 f ],600.00 12 $ 1644.00 .00TASK f bb- $ww+a8a59 andTsa4AC SBWbs 0 -...---- 2.1 Supplemental survey 1 $ 190.00 2 $ 274.00 $ - 2 E 208.00 S - S $ S $ - 2 $ 210.00 8 a 680.00 11].4F$ 201E00 24 $ 1,5*:00 $ - / 8 9000 64 $ 5,222.00 Topographic mappng 1 S 190.00 2 E 2;4.00 $ 3 b 312,00 6 8 52200 $ - $ - $ b - 2 $ 210.00 20 8 1,700.00 672.00 e $ 5 - bb 4,408.00ToblT k2 2 $ 360.00 4 $ 548.00 0 E 5 f 520.00 6 f 522.00 0 5 0 E 0 f 0 E 4 5 420.00 28 E 2,380.00 32 $ 2,68800 32 $ 2,1 - 1 $ 60.00 114 $ 9,630.00 TASK4 Sub• 7u-doetfgni35'�3 - - 3 P TaEk 3.1 Signal.Intersection Roadway SW walk.Stone 4..S 76000 32 $ 4,384.00 2 $ 440.00 16 S 1,V4 W W $ 5,22000 16 $ 2,11200...8. $ 888.00 8 $ 868.00 $ $ $ $ $ - $ $ - 146 $ 16,35600 Dn ae Des n.Land-ng and Imgaton 3.2 Utility Notification and Coordination 2 $ 38000 2 $ 274.00 $ 6 E 624.00 16 $ 1,39200 $ $ $ - $ - $ - $ $ $ - $ - $ - 26 $ 2,670.00 3.3 Wetland Permitting and Mia9a0pn 2 E 380.00 2 $ 274.00 a - $ 3 S .261.00 $ $' $ 4 S. 456.00 E - $ $ $ $ $ - 11 $ 1,371.00 3.4 Constructabilily Rr rew 4 $ 760.00 8 $ 1,096.00 $ - $ $ $ $' - $ $ $ - $ b E $ E - 12 $ 1,856:00 3.5 Easement Determination 2 $ 380.00 6 $ 822.00 E - $ e $ B96.W E $ - b $ - 17 $ 1,260.00 12 $ 7,020.00 E E $ 3 - 40 b 4,17600 3.6 Permits Application 1 $ 190.00 $ - $ S 8 $ 898.00 $ $ S 12 $ 1,368:00 $ - $ - $ $ $ $ - 21 $ 2,25400 $ - § - $ $ a E S $ S $ $ - $ - b $ $ - 0 $ Total Task3 15 S 2,85DA0 50 S 6,850.00 2 f 440,00 22 S 2,288.00 95 $ 8,265.00 16 $ 2,112.00 8 $ 888.00 8 $ 888.00 16 $ 1,824.00 12 $ 1,260.00 12 $ 1,020.00 0 $ 0 f 0 $ 0 $ 2% $ 28,685.00 TA$K Seib. P:°bE Design PDG%) ' 4 1 T4rsk 4.1 Sgnal,Intersac5 ,Roadway,Sidewalk,Storm q § 760.00 20 $ 2,740.00 $ 30 $ 3,12000 32 E 278400 e 8 1,056.00 16 8 1,776.00 16 $ 1,T76.W b 5 $ $ $ E Drainage D-n.Landscaoi and tion _ 42 Signing and Sbipi Plan 2 $ 380.00 6 $ $22.00 $ - E - 16 $ 1,39200 20 $ 2,640.00 $ - $ - $ - $ - S - E - $ - E - $ 4.3 ParmBSGtusand royal 2 $ 380.00 $ $ - E - $ - $ - $ - $ - 10 $ 1,140.00 S $ - $ - $ $ $ - 12 S 1,520.00 4.4 Ubl' Coordination 2 S 380.W 4 $ 548.00 $ $ - 12 $ 1,044.00 $ $ - $ - $ - E - $ $ - E $ - $ 18 $ 1,972.00 4.5 Soec6-b.n and Stieda]Provisions. 2 $ 38000 4 $ 548.OD $ - 4 $ 416.00 $ - 16 S 2,11200. $ $ - E - $ - $ $ - a $ - $ 26 E. 3,456.00 4.6 Ouantities and Cost E timate E 8 S 1096.00 $ $ 12 $ 1 04600 6 $ 792:00 $$ 444.00 $ $ E E a § 8 S 30 E .3,37600 _ 4.7 ConsWctebilny Revi- 4 $ 760.W 6 $ 822.00 $ E E E $ $ $ - $ - $ $ - $ - $ - $ 10 $ 1,582.00 4.8 Final PSBE Deli,-,',1 s(1 W%) 2. $ 380.00 12 $ 1;644.00 $ 6 $ 624 W 16 $ 1,392 00 $ $ $ $ - $ - $ $ - $ - $ a 36 $ 4,040.00 $ 8 - E E $. $ E b b - $ - $ - E - $ - $ $ 0 $ 8 - E - $ § b $ 44 $ $ $ b $ - E $ - E $ 0 $ E - $ - $ $ - $ - 5 - E $ - S - $ - $ - $ E - 8 $ 0 $ Total T. 18 E ],420.00 60 f 8,220.00 0 $ - 40 S 4,160.00 BB E 7,656.00 50 S 6,600.00 TO f 2,220.00 t6 E 1,776.00 30 $ 1,140.00 0 $ 0 T 0 $ 0 § 0 T 0 S 302 $ 35,192.00 T. -Sub-. B7dAs6kctaRre -....-._._.._. ....._......_..... . ^^- 5 T»k 5.1 Bid Asaiatance 4 $ 760.00 10 S 1,370.00 $ - 6 $ 624.00 8 $ 696.00 $ E E $ - b - Total Tasks 22 f 760.00 10 $ 1,370.00 0 f 6 E 6T4.00 8 T 696.OD 0 S 0 E 0 f O $ 0 f 0 E - 0 TASK}Tat6 r-nat t7gC,swport a:ad 44-B4R Pf"..eon _ _ 6.1 Construction SUPPod 8 8 1520.W 20 $ 2,740.00 $ 8 $ 832.00 $ 8 $ 1056.00 3 $ 333.00 S E $ - 8 S - $ - S - $ 47 $ 6,481.00 6.2 As-Built Prepara0on $ - 4 $ 548.00 $ E 16 $ 1,392.00 $ S S S E - $ - $ - $ - E - 8 20 $ 1,940.00 Tobi Taslt 6 8 f 1,520.00 24 $ 3,280.00 8 $ 832.00 16 $ 1,392.00 B $ 1,056.00 3 E 333.00 0 5 O E 0 S 0 $ 0 E - 67 $ 8,421.DO Tobi Labor Hours 105 160 4 81 213 74 31 24 26 16 d0 32 32 20 5 863 -__. _. _ __-- _ __ �_._.. _ _ _ -. _ .-. -,- TO1M Cru2(AX WMX EkGapl Cdttlk10a84yTasksJ St663(i.+k1 S2t.620AgI S e$¢I.Bb E 6:,424..00 $tb,534.FA S 8.76806 S 3.4f1.Ok 3 2b6tOD $ S-6$800 $ 3A09,tl8 4 2,6$$00` S 2,i12� E 1.386,08 . 3 $40.60 $ 96.86$.80 <u�.e.nm.kwr...iw,w,uoanvvwv.srtw*+•rvme�nmr.mmwamt,weur�cm.of r«orMwa:..em.mom r.Pro.a eomt amne- v.x