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WHPacific ~ R12931 1 CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT ') WATERLINE DESIGN FOR SWo BJ�iZD THIS AGREEMENT, made and entered into this y6�day o !:!mber, 2009, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and WHPacific, 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 2009-2010 budget provides for the design and construction of a replacement waterline on Hall Blvd. as part of the City's Highway 99W/SW Greenburg/SW Main Street/SW Hall reconstruction project;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, 2010, 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 sha be paid on an hourly rate based upon the "Sekedvic of"'-` s"- in ExhibitN457 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 Eight Thousand Eight Hundred Forty Nine and 71/100 Dollars ($8,849.71) without prior written authorization. All rates shall be based upon, and in compliance with, the fees detailed in Exhibit 2 of this Agreement. Contract# 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. 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. �9 C. Payment for Special Services " Only when directed in writing by the City, the Engineer shall furnish or acqfor the City the professional and technical services based on the hourly rate^ssl3ecle as described in Exhibit\of this contract for minor project additions and/or alterations. Z 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 Page 2 Contract# to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any 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. 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 Page 3 Contract# 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 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. Page 4 Contract# 7. Indemnity A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies,errors or omissions. B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard,its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub-consultants, agents or employees under this contract. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any design work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section,a claim for professional responsibility is a claim made against the City in which the City's alleged 10bility 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 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. Page 5 Contract# 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 $2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than$2,000,000 and filed on a"claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain, at architect's expense, and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000. D. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' t 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 The Commercial General Liability Insurance Policy and other policies the City deems necessary shall include the City its officers, directors, and employees as Page 6 Contract# 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. Notice of Cancellation There shall.be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. H. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effected until the 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. J. Primary Coverage Clarification The parties agree that Engineer's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. K. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability,professional liability, pollution,and errors and omissions policies required by this contract. Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing 0 Page 7 Contract# insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Attn: Joe Barrett,Sr. Management Analyst 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 Enginter. 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. 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. Page 8 Contract# 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 TIG, WHPACIFIC Atta: Rob Murchison,Project x Attn: S Address: 13125 SW Hall Blvd. Address: D775 SW Barnes Road,Suite 300 Tigard,Oregon 97223 Portland,Oregon 97225 Phone: (503)718-2699 Phone: (503)626-0455 Fax: (Project NWs fax#) Fax: 503 526-0775 Email Address: robm@tWrrd-or.gov Email Address: WAP Irl fc , Page 9 Contract# 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. After such consultation, the Engineer shall have five (5) 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 not 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 1 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. Page 10 Contract# 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, Rob Murchison, 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 Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. Page 11 Contract# 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. Approved by Tigard's Local Contract Review Board: Not required for this work CITY OF TIG WHPACIF -C-� . ) /--� - A'L bs By: uthorized Ci Representative By: orized Contractor Representative Date Date Page 12 Contract# EXHIBIT 1 DUTY OF ENGINEER The Engineer shall render professional engineering services as described below: A. Introduction/Background The City of Tigard (City) and Washington County (County) are currently in final design of 2 adjacent intersection projects on the Highway 99W at SW Greenburg Rd/SW Main St. and SW Hall Boulevard. As part of these combined projects, SW Hall Blvd. will be widened on the west side south of 99W for approximately 500 feet. Along this stretch, the City has an old undersized 6" cast iron and ductile iron waterline. With the major reconstruction and widening, the project presents another excellent opportunity for the City to replace an undersized and old waterline, especially in today's lower construction bid prices climate. , As part of the combined City/County intersections project, the City is currently in design for replacing the old undersized water lines along 99W from Hall to Greenburg, along Greenburg Rd. north of 99W and down Main Street to Scoffins. The design for these water lines are running concurrently with and will be included as part of the intersections project. The water line construction will be bid under the combined project as a separate schedule to track the costs. B. Proposed Improvements 1. SW Hall Blvd As part of Washington County's 99W/Hall Blvd. Intersection Improvement Project, the City's Greenburg Rd/Main/99W Intersection Improvement Project, and the City's water line replacement project within these two projects, Tigard's Water Department is also proposing to replace the existing old 6" line with a new 12" ductile iron pipe from 99W south approximately 500' to the termination of the roadway improvements. The replacement of this line will provide the same excellent benefits as will for the replacements of the other lines on 99W, Greenburg, and Main. C. Detailed Work Scone The following work scope outlines the tasks to be performed by WHPacific (WHP) for the City. References are also made to coordinating this work with the Greenburg/Main/99W and Hall/99W roadway design team and ODOT's project liaison, Sam Hunaidi. Proposed waterline size requirements are described above and will be verified by the City prior to design. This work scope has been developed assuming major expansion to the system will not be required. The connection to the existing water line will be made at the south end of Hall where the roadway improvements end. The design and inclusion of other standard water main appurtenances such as blow-offs,valves, tees, crossings, meters are also included in this scope. It is assumed that the waterline design and installation will not require specialty design work, such as telemetry or special interties to major waterlines. The design will include connection of existing domestic services to both sides of the roadways and connecting any fire service Page 13 Contract# supply lines to the new waterlines on these roads. These connections will be made using standard details from current City Water System Standards. The design process and schedule to prepare the construction documents for this contract will be parallel to, but somewhat independent of the two intersection design projects. Separate waterline construction plans will be included in the Hall/99W and Greenburg/Main/99W construction plans, under a separate schedule for tracking purposes. The design work will be completed using the base map and utility information already compiled and prepared during the survey for the two combined intersection projects. Based on review of the base mapping, no additional potholing from what has already been done is assumed to be needed. The only exception is for the tie in to the existing waterline at the south end, which we have assumed will be provided by the City, like previously done at other locations. The construction plans will be prepared using the same plan scale and format as the roadway plans. The plans will be developed in Autocad at a 1" = 20' scale (full size) and 1" = 40' (half size) in order to coordinate the plans with the roadway project. As-built drawings will be prepared and provided to the City in electronic format and hardcopy. The proposed contract scope and budget is through the design and bid phase. Construction survey, engineering support and inspection services during construction are not part of this scope. The need for these services could be considered later in final design,prior to bid, and when the construction requirements are better defined. Services not included in this Scope of Work are geotechnical investigation and compaction testing during construction. The geotechnical study completed for the roadway design will be used in the waterline design. The testing for compaction will be part of the roadway construction contract. The following is the task breakdown of the scope elements to complete PS&E. 1. Task 1—Project Management Nz� The duration of the project is assumed to be fromr, 2009 to completion of design in March,2010. This tasks includes all management and administration work. Periodic project meetings will be scheduled with the City to maintain progress on the design. This task includes attending and documenting the meetings and maintaining the document files for the project. The lead designer will participate in these meetings, as well as a representative from ODOT if determined to be necessary. These meetings will have a specific agenda addressing and resolving project issues as they are encountered. It is assumed that coordination and review meetings will be held throughout the design phase as listed in this task, and a total of up to 2 project meetings will be held with the City. 2 internal team meetings are assumed. The scope of the project management is as follows: If Page 14 Contract# 1.1 Manage the contract schedule, staffing and provide the management, coordination and direction to the project team to complete the construction documents on time and under budget. 1.2 Meet with City's Project Manager and key team staff to coordinate the design and resolve any potential issues that may arise. For the purpose of this scope, it was assumed that a formal design review meeting will be conducted at the completion of the conceptual design phase and after the 90%, and 100% submittals to go over comments. To maintain efficiency, these review meetings will be part of regular project management and design meetings with the City's Project Manager. Assumed up to a total of 2 project meetings with the City. 1.3 Conduct periodic internal team meetings with design staff to coordinate the project completion. Assumed to 2 meetings. 1.4 Coordinate the waterline system design relocation with the roadway and storm sewer system design on the two City and County intersection projects. The consultant project manager will coordinate this work with the designers on all 3 co-joined projects since he is involved as the project engineer for the two intersection projects. 1.5 Maintain project documentation and files. 1.6 Track project costs and budgets on a monthly basis. Monitor the work progress against the project budget. Prepare monthly invoices for project. 1.7 This project will follow the schedule already prepared for the other water line project, so no work is assumed for this task. Task 1 Deliverables: 0 Monthly invoices 0 Meeting notes • Document files 2. Task 2—Preliminary Design (30%0) The City will determine the alignment and provide to WHPacific. Therefore, no work by WHPacific will be done for this task. 3. Task 3 - Final Design(90% and 100% Submittals) The final design phase will incorporate the alignment design determined by the City and develop the final detail design of the waterlines and the required appurtenances such as service connections, blow-offs, tees, and fire hydrants. Standard and special details will be included as part of these submittals. The waterline design team will continue coordinating aspects of the design and plans with all the elements of the roadway, storm, and intersection improvements. The coordination is in included as part of each task below. 3.1 Incorporate the preliminary design review comments to complete the 90% PS&E. Design and prepare 90% construction plans, profiles, notes and details. 3.2 Prepare 90% specifications and special provisions. 3.3 Prepare a 90% construction cost estimate. Page 15 E r - Contract# 3.4 Obtain 90% review comments from the City, County and ODOT. Input comments into tracking spreadsheet and prepare responses. Provide completed comment tracking spreadsheet to the City,County and ODOT. 3.5 Incorporate the 90% preliminary design review comments to complete the final 100%PS&E. Design and prepare the final 100%plans package. 3.6 Prepare and submit final 100% specifications and special provisions. These will be incorporated with the combined intersection projects. 3.7 Prepare and submit final 100% construction cost estimate. These will be incorporated with the combined intersection projects. Task 3 Deliverables: • 90%plans, specifications and cost estimate • 100%plans, specifications and cost estimate • 90% and 100% comment tracking spreadsheet updates 4. Task 4- Construction Document Preparation and Permitting Task 4 will include preparing and submitting 100% final stamped and signed construction plans and specifications. A final construction cost estimate will also be completed. This phase includes coordinating the final waterline construction documents with that of the overall construction bid package for the intersection construction bid package. Coordination with the intersections project team is included in the tasks below. 4.1. Submit final stamped and signed construction plans to the City for a final review. Revise and resubmit any sheets to address any last review comments. Plans, specifications, and estimate will be submitted to and included as part of the final bid package for the Hall/99W and Greenburg/Main/99W projects. 4.2. Submit the final stamped and signed plans to ODOT to obtain a construction permit. Review the documents with ODOT staff as needed to coordinate obtaining the permit. Based on previous plan reviews, it is assumed that the permit will be approved without requiring significant revisions to the construction plans. These documents will be submitted as part of the 99W/Greenberg/Main water line project. 4.3. Revise the plans and specifications as needed to obtain permit approval. This assumes that there will be only minor revisions required to obtain the permit. 4.4. Adjust final quantities and submit a final construction cost estimate. 4.5. Plot the final construction bid documents for inclusion in the bid documents. Task 4 Deliverables: • Permit approval of the waterline from ODOT • Construction bid documents • Final construction cost estimate 5. Task 5- Services during Bidding 5.1 Respond to contractors' questions during the bid process. Page 16 i Contract# 5.2 Prepare addendum,if requested by the City (Assumed one addendum). Task 5 Deliverables • Plans for addendum • Recommendation regarding awarding the construction contract. 6. Task 6—Additional Services Any additional services will be as approved by the City. Page 17 Osborn Bauer Rehms Truong Quigley Johnson a 197.67 $ 166.85 $-. .. 136.23. ..103.70 .,._9 82.455., 75.15 a 84. Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost 1.1 Management E S - $ - $ $ $ $ 1.2 Meetings with the City(2) S - S - 3 $ 408.70 $ - $ - a - $ - 1.3 Internal Team Meetings(2) S - $ - 1 $ 138.23 1 $ 103.70 $ - 1 $ 75.15 S - 1.4 Coordination with Intersection Projects S - S - 2 $ 272.47 $ - S - $ - $ - 1.5 Documentation and Administration E - $ - 2 $ 272.47 $ - $ - $ - $ 1.6 Track Costs/Budget;Prepare Monthly Invoices S - $ - 3 a 408.70 $ - $ 1.7 Prepare Project Schedule a - $ - $ - $ - a - $ - $ $ $ a - $ S $ $ Tod Task 1 0 f - 0 S - 11 $ 1,49&58 1 S 103.70 0 S - 1 $ 75.15 0 S 2.1 Develop Alternative Alignments E - $ - $ - $ E - f 2.2 City Meeting to Discuss Alternatives(n subtask 1.2) $ - $ - $ - $ - $ - $ - $ 2.3 Obtain,Track and Respond to Review Comments $ - $ - $ - $ - $ - $ - $ - $ $ $ $ $ $ $ ToW Task 2 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 3.1 Design Waterline and Prepare 90%Plans and Details S - $ - 3 $ 408.70 6 $ 622.21 $ - 16 $ 1,202.34 $ - 3.2 Prepare 90%Specifications $ - $ 1 $ 136.23 $ - $ - $ - $ 3.3 Prepare 90%Construction Estimate $ - $ - $ - 1 $ 103.70 $ - 1 $ 75.15 $ 3.4 Obtain,Track and Respond to 90%Review Comments $ - $ - 1 $ 136.23 1 $ 103.70 $ - $ - $ - 3.5 Complete 100%Design and Plans Package $ - $ - 2 $ 272.47 3 $ 311.11 $ - 8 $ 601.17 $ - 3.6 Prepare 100%Specifications $ - E - 1 E 136.23 $ - $ - $ - $ - 3.7 Prepare 100%Construction Estimate S - $ - 1 $ 136.23 1 $ 103.70 F $ - 1 $ 75.15 $ a $ $ a $ $ $ $ $ $ a $ $ $ Toad Task 3 0 $ - 0 $ - 9 $ 1,226.11 12 $ 1,244.43 0 $ - 26 $ 1,953.81 0 $ 4.1 Finalize&Submit Signed Plans,SPeds S Estimate $ - $ - 1 $ 136.23 2 $ 207.40 $ - 3 $ 225.44 a - 4.2 Submit Signed Plans to ODOT for Permitting $ - $ - $ - $ - $ - $ - $ 4.3 Revise Plans&Specs as needed for Permit $ - S - 1 $ 136.23 $ - $ - $ - $ 4.4 Adjust Forel Quantities and Estimate S - $ - $ - E - E - 1 a 75.15 S - 4.5 plot Friel Construction Bid Documents $ - $ - 1 $ 136.23 1 $ 103.70 S - 2 $ 150.29 S Tod Task 4 0 1S - 0 $ - 3 $ 408.70 3 $ 311.11 0 $ - 6 $ 450.88 0 S 5.1 Respond to Contractor Questions $ - S - 1 $ 136.23 1 $ 103.70 $ - S - S 5.2 Prepare Addendum(assumed 1) $ - $ - 1 $ 136.23 1 $ 103.70 $ - 2 S 150.29 S $ $ $ $ $ S $ ToW Task 5 0 $ - 0 $ - 2 $ 27247 2 $ 207.40 0 S - 2 S 150.29 0 $ - 6.1 Services as approved(Contingency) $ - S - $ - $ _ $ - $ $ Total Additional Services 0 $ - 0 $ - 0 $ - 0 $ - 0 $ 0 $ - 0 $ - Total Fees(bwiudes Addidonaf Work-to be audiorized9 0 S - 0 $ - 25 $ 3,405.86 1 19 $ 1,866.64 1 0 $ - 35 $ 2,630.13 0 $ - C:IDocuments end Seth'ngsLLy-Mocel SettingslTemp"q Internet FIIeslContent.OutiooklKOIHLUZKIwatedim design Ices for additional Hall design 100809 Larwood Nizer Grubbs Kossler Sanford '7�r T T ..$ . .�„99.99 70.47 98.09 79.37 $ 68,88 $ 65.89 ..•�: a PRO Total COSTS Hours Subtotal Labor Menses Total Costs Hrs. Cost M. Cost Hrs. Cost Hrs. Cost Hrs. Cost Hrs. Cost $ $ $ $ $ $ 0 $ $ a $ _... $ - $ - $ - $ - $ - $ - 3 $ 408.7G $ 30.00 $ 438.70 $ 438.70 $ - $ - $ - $ - $ - $ - 3 $ 315.08 $ - $ 315.08 $ 315.08 $ - $ - $ - $ - $ - $ - 2 $ 272.47 $ - $ 272.47 $ 272.47 $ - $ - $ - $ - $ - 4 $ 263.56 6 $ 536.03 $ - $ 536.03 $ 536.03 $ - $ - $ - $ - $ - 4 $ 263.56 7 $ 672.25 $ - $ 672.26 $ 67226 $ $ $ $ $ $ 0 $ $ $ $ $ $ $ $ $ $ 0 $ $ $s $ 0 $ 0 $ 0 $ 0 $ 8 $ 527.1 $ 2,24.54 $ 30.00 $ 2,234.54 $ s 2,23454 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ s $ s $ $ $ $ $ $ $ $ $ $ $ $0 $ $ o $ o $ 0s o $ o $0 $ _ $ $ $ $ $ 25 $ 2,233.26 $ 15.00 $ 2,248.2 $ 2,246.26 6 1 $ 99.99 $ $ $ $ $ 2 $ 62 $ 22 $ 236.22 $ - $ $ $ $ $ 2 $ 178.85 $ $ 178.85 $ 17885 $ $ $ $ $ $ - 2 $ 239.94 $ - $ 239.94 $ 239.94 $ - $ - $ - $ - $ - $ - 13 $ 1,184.75.$ - $ 1,184.75 $ 1,184.75 f 1 $ 99.99 $ $ - $ - $ - $ - 2 $ 236.22 $ - $ 236.22 s 236.22 Ir a $ a I $ $ $ 3 $ 315.08 $ 15.00 $ 330.08 $ 330.06 a $ a $ a $ 0 a a a $ $ $ $ $ $ $ 0 a $ a $ 2 $ 199.98 0 $ - 0 $ I 0 $ - 0 $ - 0 $ - 49 $ 4,624.33 $ 30.00 $ 4,654.33 $ 4,654.33 7 $ - $ - $ - $ - $ - $ - 6 $ 569.08 $ 30.00 $ 599.08 $ 599.08 $ $ $ $ $ $ 0 $ - $ a - $ $ - $ - $ - $ - $ - $ - 1 $ 136.23 $ - $ 136.23 $ 136.23 $ - $ - $ - $ - $ - $ - 1 $ 75.15 $ - $ 75.15 $ 75.15 $ - $ - $ - $ - $ - $ - 4 $ 390.23 $ 30.00 $ 420.23 $ 420.23 0 $ 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 12 $ 1,170.68 $ 60.00 $ 1,230.69 $ 1,230.69 1 $ 99.99 $ - $ - $ - $ - $ 3 1 $ 339.931$ - a 339.93 $ 338.93 $ - $ - $ - $ - $ - $ - 4 1 $ 390.23 $ - $ 390.23 $ 390.23 $ $ $ $ $ $ o 1$ s $ - $ - 1 $ 99.99 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - 7 $ 730.16 $ - $ 730.16 $ 730.16 $ $ a $ $ $ 0 $ $ $ a 0 $ o s o $ 0 $ 0 $ 0 $ 0 $ $ $ $ 3 $ 299.97 0 $ - 0 $ - 0 $ - 0 $ - 8 $ 527.11 89 $ 8,729.71 $ 120.00 $ 8,849.71 $ 8,849.71 I NAN 18280 • ACORD- CERTIFICATE OF LIABILITY INSURANCE DATD/ 1 22/10//10/200099 PRODUCER Commercial Lines-(206)892-9200 CAL#0531007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services Northwest Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 Union Street,Suite 1300 Seattle,WA 98101-1371 INSURERS AFFORDING COVERAGE NAIC# INSURED WHPacific, Inc. INSURER A: Evanston Insurance Company 35378 ( 300 West 31st Avenue, INSURER B: National Union Fire Ins.Co.of Pittsburgh,PA 19445 INSURER c: ACE American Insurance Company 22667 XV INSURER D: Lexington Insurance Company 1 19437 Anchorage,AK 99503 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I DD' POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DD/YY LIMITS A GENERAL LIABILITY 09PKG01067 05/01/09 05/01/10 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED nce PREMISES(Ea occurre $ 50,000 CLAIMS MADE Fx I OCCUR MED EXP(Any one person) $ 5,000 X Stop Gap PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFX jE O LOC B AUTOMOBILE LIABILITY AL0934405 05/01/09 05/01/10 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FICLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X WC STATU- OTH- C WLRC44347957 05/01/09 05/01/10 TORY I IMITS FEL EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE•POLICY LIMIT $ 1,000,000 OTHER D (Lex)Professional Liability 7883157 05/01/09 05/01/10 $10,000,000 Per Claim/Agg. $250,000 SIR Per Claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Project Name: Waterline Design for SW Hall Boulevard. The City of Tigard,its officers,directors and employees are Additional Insureds under General Liability and Auto Liability when required by written contract regarding their interest in the operations of the Named Insured on the Shown project above. Coverage is Primary and Non-Contributory in General Liability. CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Tigard NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn:Joe Barrett,Sr.Management Analyst IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 13125 SW Hall Blvd. REPRESENTATIVES. Tigard, OR 97223 AUTHORIZED REPRESENTATIVE ACORD 25(2001/08)1 of 2 1016722 ✓N�^ �( © ACORD CORPORATION 1988 (This certificate replaces certificate#993149 issued on 12/1/2009) i IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(2001/08) 2 of 2 #S915260/M915043 POLICY NUMBER: 09PKGO1067 ENDORSEMENT PRIMARYAND NON-CONTRIBUTORYADDITIONAL INSURED W/ WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABU TTYCOVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. SCHEDULE Name of Person or Organization: L AS PER WRITTEN CONTRACT '. A. XNHO IS AN INSURED (SECTION II) is amended to include as an insured the person or organization shown in the schedule. But only with respect to liability arising out of"your work" for that insured by or for you. B. As respects additional insureds as defined above.This insurance also applies to "bodily injury" or"property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insured's shall apply excess and not contribute as primary to the insurance afforded by this endorsement. 2. We waive any right of recovery we may have against these additional insured's because of payments we make for injury or damage arising out of "your work" done under a written contract with the additional insured. 3. The term"insured" is used separately and not collectively,but the inclusion of more than one "insured" shall not increase the limits or coverage provided by this insurance. "Insureds are advised that certificates of insurance should be used only to provide evidence of insurance in lieu of an actual copy of the applicable insurance policy. Certificates should not be used to amend,expand,or otherwise alter the terms of the actual policy." 1E-0054-0404 �i CITY OF TIGARD CONTRACT SUMMARY FORM (TWs BEFOREAUTHORmTIONSIGNATURE CAN BE ACQUIRED) Title of Contract:Hall Blvd Waterline Des' Contract#: Contractor:WH Pacific Total: $8849.71 Brief Overview: Design and construction of a replacement waterline on Hall Blvd as part of the City's Highway 99W/SW Greenbur /SW Main St/SW Hall reconstructionproject/ Changes Made To Boilerplate Contract. Type of Contract: ❑ Purchase Agreement ❑ Personal Service ❑ Construction ❑ Other Start Date:December 10,2009 End Date:June 30,2010 LCRB Award Date: Contract Manager:Rob Murchison Extension: 2699 Department:Public Works Quotes/Bids/Proposals: COMPANY _ AMOUNT/SCORE Department Comments: Department Signature Date: -- Zo l c Purchasing Comments: Purchasing S' a _ 1, Date:01 rest c7 Administration: Date: Certificate of Insurance Received? ❑Yes ❑ No ❑ Self-Insured (Form Received Business Tax Current? ❑Yes ❑No Contractor License Current? ❑Yes ❑ No Federal TIN/1099#: Bonds Required: ❑Yes ❑No Accounting String: Fund • TINvision Account Total — Cj 21