Kennedy/Jenks Consultants ~ C130051 City of Tigard
CONTRACT CHANGE ORDER/ Bard S r Hall Blvd.
I'i��ard,Oregon 97223
AMENDMENT #2 SUMMARY FORM Phone- (503) 639-1171
Fax- (503) 684-7297
v'-vN��.tirard-<�r., of
Project Title: Barrows-Scholls Ferry Waterline Project Manager: Rob Murchison
Contractor: Kennedy/Jenks -Original Contract#: C130051
Effective Dates:Jan. 2,2013 Chane Order/Amendment Amount: $N/A
Accounting Strip :96035-531-130 Amendment Percentage Running Total: N/A%
AMENDMENT DETAILS
Contract extension only,not change in dollar amount
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
Delay in signing Amendment#1 because of budgeting issues. Ending date needed to be extended.
ESTIG PROJECT MANAGER APP OV G I Y T F
"" �,
Q
L i afore
ignature
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 theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
SCHOLLS FERRY ROAD WATERLINE(#960351
r
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Kennedy/Jenks Consultants, hereinafter referred to as Engineer, entered into on the 2"d day
of January, 2013,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, upon completion of the work or February 1, 2014September- 3R 20-3,
whichever comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF IG KENNEDY/JENKS CONSULTANTS
SignatuYe3 a` � / Signature
Printed Name Printed Name
11/2-1/11
Date Date
City of Tigard
13125 SW Hall Blvd.
r- CONTRACT CHANGE ORDER g
Tigard,Oregon 97223
AMENDMENT #1 SUMMARY FORM Phone - (503) 639-4171
Fax- (503) 684-7297
www.ti and-or. ov
Project Title: Barrows-Scholls Ferry Waterline Project Manager: Rob Murchison
Contractor: Kenned-/ enks -Original Contract #: C130051
Effective Dates:jan. 2, 2013 1 Chane Order/Amendment Amount: $7,950.00
Accounting Strin :96035-531-130 I Amendment Percentage Running Total: 32%
AMENDMENT DETAILS
Additional Scope Items
Potholing Plan
Potholing coordination and field visits
Survey potholes
Reformat cost estimate
Intertie with City of Beavertonn
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $24,050.00
Amendment #1 $ 7,950.00
TOTAL $32,000.00
REASONING FOR CHANGE ORDER/AMENDMENT
Addition Scope Added
REQUESTING PROJECT MANAGER I APPXOMI* I TAFF
-- Signature -- — Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
r
e.13c�os �
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT
SCROLLS FERRY,ROA.D-WATERLINE, „�
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Kennedy.,Jenks Consultants, hereinafter referred to as Engineer, entered into on the 2nd day
of January,2013,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, upon completion of the work or &ptember 30 -2-013+""*---tea,
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
Thirty Two Thousand and No/100 Dollars (132,000,_00)4-y� -4 ;
without prior written authorization.
EXHIBIT 1
SCOPE OF SERVICES
ADDITIONAL SCOPE ITEMS
A. Potholing,Plan
B. Potho :M. oordinatio_n and field visits
C. Survey Potholes (includescoordination by Engineer and,incoration into CARD)
D. Reformat cost estimate_t4 bid items and bid form revisions and coordination
E. Intertie with Q! of BeavertonADD, coordingtion, cost estimate,specifications il? d fQmW
INCREASED PROJECT TIME FRAME
hrge (3) tQ four L4)-uiQajhs._Qf_aTonal Engineer's effort for Project managements additi nc2�1
xQunds of revi,4_9n,PQordina 'Q correspondence review changes, andme_ eetings.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer an for has executed this Amendment upon signature and date listed below.
CITYIG �EDY ENKS OONSSUUL ANTS
Signature S, tur
Printed Name P ' ted Name f
Date Date
CITY OF TIGARD, OREGON
CONTRACT SUMMARY FORM
(FORMMUST ACCOMPAN.7Y EACH CONTRACT FOR AUTHORIZATION)
Contract Title: Scholls Fegy Road Waterline Number: C V&;051
Contractor: Kennedy /.Jenks Contract Total: $24,050
Contract Overview: Kennedy/Jenks will perform professional engineering services specifically for 2,200
feet of 18-inch waterline in the Scholls Ferry Road corridor between
Barrows/Roshak and SW Roy Rogers Road/ 175"' Avenue. (CIP #96035)
Type: ❑ Purchase Agreement Start Date: 1 /2/ 13 End Date: 6 /30 / 13
❑ Personal Service
❑ Public Improvement LCRB Award: Department: Public Works
❑ IGA
® Other: Engineering Srvcs Agree. Contract Manager: Rob Murchison
Quotes/Bids/Proposal: FIRM AMOUNT / SCORE
Account String. Fund-Division-Account Project- Fund-Phase Amount
532-8000-56005 96035-531 - 130 $ 24 050.00
Approvals
Department Comments: Sole source W16viaoi file
Department Signature: AAjl UA
Purchasing Comments:
Purchasing Signature•
City Manager Comments :
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Oce along with a
completed Contract Checklist.
Contract Number XoloOOS I
CITY OF TIGARD � OREGON
ENGINEERING SERVICES AGREEMENT
SCHOLLs FERRY ROAD WATERLINE
THIS AGREEMENT, made and entered into this 2nd day of January, 2013, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the " City, " and Kennedy/Jenks
Consultants, whose authorized representative is Brad Moore, and having a principal being a
registered engineer of the State of Oregon, hereinafter referred to as the "Engineer. "
RECITALS
WHEREAS, the City's 2012-2013 fiscal year budget provides for the design and construction of an
extension of the Scholls Ferry Road waterline; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City; and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties
hereby agree as follows :
1 . Engineer' s Scope of Services
The Engineer shall perform professional engineering services relevant to the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1 ,
which is attached hereto and by this reference made a part of this Agreement.
2 . Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, upon 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 Twenty Four Thousand Fifty
and No/ 100 Dollars ($24,050 . 00) without prior written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the
Scope of Services to be provided by the Engineer and is not necessarily
related to the estimated construction cost of the Project. In the event that
the actual construction cost differs from the estimated construction cost, the
Engineer' s compensation will not be adjusted unless the Scope of Services to
be provided by the Engineer changes and is authorized and accepted by the
City.
Be Payment Schedule for Basic Fee
Payments shall be made within 30 days 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.
Co 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
2013 ESA — Scholls Ferry Road Waterline 2 1 Page
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. Reuse of Engineer's work product by City for other than
its intended purpose under this agreement shall be at City's sole risk.
Be The City shallmake 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
2013 ESA — Scholls Ferry Road Waterline 3 P a g
subcontractor not 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.
Be 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.
Co 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 ,
2013 ESA — Scholls Ferry Road Waterline 4 Page
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 .
Be 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.
co 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, to the extent
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 liability results directly or
indirectly 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.
2013 ESA — Scholls Ferry Road Waterline 5 Page
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 $400,000
Products-Completed Operations Aggregate 10000
Personal & Advertising Injury 10000
Each Occurrence 2300000
Fire Damage (Any one fire) 503000
Medical Expense (Any one person) 53000
Be 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.
2013 ESA — Scholls Ferry Road Waterline 6 Page
E. Additional Insured Provision
All policies aforementioned, other than Professional Liability, shall include the City
its officers, directors, and employees as additional insureds with respect to this
contract. Coverage will be endorsed to provide a per project aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will
provide such if less than 24 months . Engineer will be responsible for furnishing
certification of Extended Reporting coverage as described or continuous "claims
made" liability coverage for 24 months following contract completion. Continuous
"claims made" coverage will be acceptable in lieu of Extended Reporting coverage,
provided its retroactive date is on or before the effective date of this contract.
Coverage will be endorsed to provide a per project aggregate.
G. Insurance Carrier Rating
Coverage provided by the Engineer must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
H. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate
will specify and document all provisions within this contract. A renewal certificate
will be sent to the address below ten days prior to coverage expiration.
I. Primary Coverage Clarification
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
2013 ESA — Scholls Ferry Road Waterline 7 Page
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 temiinates 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.
Be 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
2013 ESA — Scholls Ferry Road Waterline 8 Page
2) If Engineer fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten days or such other period as City may
authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Engineer shall not be exclusive and are in addition to
any other rights and remedies provided by law or under this Agreement. If City
terminates this Agreement under paragraph (B) , Engineer shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as
the services satisfactorily rendered by Engineer bear to the total services otherwise
required to be performed for such total fee; provided, that there shall be deducted
from such amount the amount of damages, if any, sustained by City due to breach of
contract by Engineer. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at
trial and upon appeal.
11 . Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the
terms of this Agreement or to exercise any rights hereunder, should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
12 . Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses shall be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD KENNEDY/JENKS CONSULTANTS
Attn: Mike Stone, City Engineer Attn: Brad Moore
Address : 13125 SW Hall Blvd. Address : 200 SW Market Street, Suite 500
Tigard, Oregon 97223 Portland, Oregon 97201
Phone: (503) 718-2759 Phone: (503) 295-4911
Fax: (503) 684-7297 Fax: (503) 295 -4901
Email: mstone ti and-or. ov Email: bradmoorenkennedvienks . 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.
2013 ESA — Scholls Ferry Road Waterline 9 P a g c
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the
City by an Engineer, which does not represent clients on matters contrary to City interests.
Further, Engineer shall not engage services of an engineer and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary
to City interests .
Should the Engineer represent clients on matters contrary to City interests or engage the
services of an engineer and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Engineer shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Engineer shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B - 3) of this agreement.
15. Force Majeure
Neither City nor Engineer shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten days from the beginning of such delay, notify the other party in writing of the cause
of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations . Engineer also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A. 142, 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.
2013 ESA — Scholls Ferry Road Waterline 10 Page
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 279A, 279B, and 279C .
21 . Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract, this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
22 . Access to Records
City shall have access to such books, documents, papers and records of Engineer as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts .
23 . Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Engineer agrees to permit City, the State of Oregon, the federal government, or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24 . Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
25. Industrial Accident Fund Payment
Engineer shall pay any and all contributions or amount due the Industrial Accident Fund 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
2013 ESA — Scholls Ferry Road Waterline 111 Page
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Engineer, by the signature of its authorized representative, hereby
acknowledges that he/ she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY O TIG KENNEDY/JENKS CONSULTANTS
By: -I,, a TU, Ci ageBy: Authorized Contractor Representative
Date Date
2013 ESA — Scholls Ferry Road Waterline 12 Page
EXHIBIT 1
SCOPE OF SERVICES
INTRODUCTION
The City must complete utility improvements before or in conjunction with Washington County
MSTIP street improvement project for Scholls Ferry Road. The City of Beaverton and/or Clean
Water Services are responsible for all improvements and adjustments to the sanitary sewer and
Beaverton's water systems necessitated by the street project. The City of Tigard is responsible for all
improvements and adjustments to Tigard's water systems necessitated by the street project. The
MSTIP project will widen Scholls Ferry Road to five lanes, which will consist of two lanes in each
direction and a center turn lane. Additional improvements include sidewalks, bike lanes, street
lighting, and improved sight distance at the intersections. Tigard's waterline project will consist of
2,200 lineal feet of 18-inch waterline in the Scholls Ferry Road corridor from the existing mtertie
vault near Barrows/Roshak to SW Roy Rogers Road/ 175th. This work under this Agreement is
specifically for 2,200 feet of 18-inch waterline in the Scholls Ferry Road corridor between
Barrows/Roshak and SW Roy Rogers Road/175th Avenue. Final, exact locations of
endpoints /connections for the new 18-inch waterline are to be finalized during design.
Approximate project limits are shown in Figure 1 .
Figure 1 — Tigard's Scholls Ferry Road Waterline (approximate waterline project limits shown in blue)
2013 ESA – Scholls Ferry Road Waterline 13 Page
SCOPE OF SERVICES
The project scope assumes the following:
A. This scope of services includes design for new 18-inch waterline to be incorporated in drawings
prepared by Washington County for the MSTIP project.
Be Any required surveying as requested from Engineer will be provided by the City of Beaverton in
coordination with Washington County.
Co Digital base surveys will be provided by City of Beaverton (as provided from Washington
County) .
D . Any required potholing to detem-Line utility locations will be coordinated with the City of
Beaverton and provided by others .
E . The City will provide applicable GIS data and as-built drawings for the area. (Note: Engineer has
obtained as-built drawings for the Beaverton-Tigard intertie near Barrows/Roshak) .
F . All required waterline design is assumed to be conducted in coordination with Beaverton,
Tigard, Clean Water Services and Washington County, to achieve economies of scale.
G. Project related public outreach, rights of entry/access, easements (temporary construction and
permanent) and permitting will be done by the City.
PHASE 1: PROJECT MANAGEMENT
Task 1.1 Project Set-Up and Coordination: Engineer will set up the project within our
accounting system and issue a Project Memo to our design team, outlining the scope, schedule and
budget. The Engineer's Project Manager will coordinate with project team members so that each
person understands work product expectations, deadlines, and labor allocations . Engineer will have
regular internal meetings to keep the project on track and to maximize design efficiencies.
Task 1.2 Monitor Project Schedule and Budget: The schedule to be developed as part of the
project will be updated as the project gets underway. Project deadlines will be established jointly by
City and Engineer staff, and City staff will be kept informed of work status as deadlines approach.
Task 1.3 Meet Regularly with the City' s Project Manager on Project Status : Our Project
Manager will meet with the City' s Project Manager to update the City on the status of the project.
The budget is based on the following four meetings: 50% Design Review Meeting, 90% Design
Review Meeting, and two additional meetings .
Task 1.4 Utility Coordination: When utility locates have been requested, Engineer will obtain the
list of utilities notified and submit 50% and 90% plans to each agency for review and comment.
Task 1.5 Prepare Monthly Project Status Report and Invoice for the City: Engineer's Project
Manager will monitor progress as compared to expenditures every two weeks throughout the
project. Monthly " Cost Control/Progress Reports " are routinely used for assessing Engineer' s
progress so that costs can be controlled and potential issues can be identified and resolved early in
2013 ESA — Scholls Ferry Road Waterline 14 1 Page
the design process . The budget is based on five monthly status reports and invoices, from January
2013 through May 2013 .
Task 1. 6 Perform Quality Assurance/Quality Control (QA/ QC) : Engineer's Project Manager
will ensure that all project deliverables are reviewed by senior staff prior to being submitted to the
City.
PHASE 2: PRELIMINARY DESIGN
Task 2. 1 Kick off Meeting and Data: A kick-off meeting will be held where Engineer will receive
copies of as-built drawings, system mapping/information, and other relevant information. A site
walk with City personnel will be performed.
Task 2.2 Review of Existing Information: Engineer will review preliminary plans prepared by
Washington County as well as system inventory and as-built drawings provided by the City of
Tigard.
Task 2.3 Preliminary Design Meeting: A preliminary design showing the proposed alignment
will be prepared. Preliminary design meeting materials will be prepared and submitted to the City
for review prior to a preliminary design meeting. The meeting materials will address the following:
• Pipe materials, joint types, linings, coatings and cathodic protection
• Alignment, utility crossings, utility adjustments, sewer separation and stream crossings
• Drawings with preliminary alignments (plan view only) of the proposed improvements
• Trench section and restoration
• Pre-design level cost estimate
Task 2.4 Prepare Preliminary Design Meeting Summary: A preliminary design meeting
summary will be prepared and provided to the City for review and comment. Engineer will address
comments and provide a final version of the meeting summary as a basis of design.
PHASE 3 : DESIGN
Engineer will prepare plans with profiles on 22-inch x 34-inch sheets. A project title block (drawing
border) will be provided by the City of Beaverton (from Washington County) for use on Tigard
drawings . For plan and profile sheets, the horizontal scale will be 1 " =20', and the vertical scale will be
1 " = 5' . At this scale, with the lengths of pipe anticipated, we anticipate providing 5 plan and profile
sheets and additional sheets, as follows :
• Cover Sheet (1 sheet)
• General Notes, Abbrev. , Legend (1 sheet)
• Waterline Plan and Profile (5 Sheets)
• Design Details (2 Sheets)
Specifications will be in ODOT-APWA format. Engineer will provide the Special Specifications and
a schedule of quantities, and the City of Tigard/City of Beaverton/Washington County shall add the
front end and assemble the package. Special specification sections are expected to include:
• 01140 - Potable Water Pipe and Fittings • 02475 - Ductile Iron Pipe Fittings
2013 ESA — Scholls Ferry Road Waterline 15 Page
• 01150 - Potable Water Valves • 02480 - Potable Water Valves
• 01160 - Hydrants & Appurtenances • 02485 - Fire Hydrant & Appurtenance Materials
• 02470 - Ductile Iron Pipe Materials
Engineer will prepare an Engineer's Opinion of Probable Construction Costs based on a schedule of
unit prices and quantities .
Task 3 . 1 Pothole Request: During the Kick off Meeting (2. 1) and Preliminary Design Meeting
(2. 3) utility potholing needs will be reviewed and finalized with City staff. Engineer will submit
11 "x17 " plans with requested pothole locations to facilitate the design of the proposed
improvements, for the City to obtain.
Task 3 .2 50% Design: The City' s preferred approach selected during the preliminary design phase
will be incorporated into the design. Engineer will submit 1 digital .pdf set of the 50% submittal, an
index listing the Special Specifications, and Engineer' s Opinion of Probable Construction Costs .
Engineer will meet with the City to review its 50% design comments .
Task 3.3 90% Design: Engineer will submit 1 digital .pdf set of the 90% submittal, including
drawings, Special Specifications, and Engineer's Opinion of Probable Construction Costs . Engineer
will meet with the City to review its 90% design comments . Any necessary permit submittals and
payments will be made by the City of Tigard.
Task 3 .4 100% (Final) Design: For bidding purposes, Engineer will submit one digital .pdf set of
stamped drawings and one print-ready set of special provisions in Microsoft Word electronic format.
The City will assemble the bid documents, advertise for bids, and print the contracts .
PHASE 4: EXTRA SERVICES AS AUTHORIZED
Extra services will be performed as authorized in writing by the City.
PROJECT COST
A projected project cost breakdown by phase is as follows :
PHASE TOTAL
Phase 1 : Project Management $2,849
Phase 2 : Preliminary Design $35776
Phase 3 : Design $ 14 779
Phase 4: Extra Services as authorized $2,647
Total $249050
SCHEDULE
The Engineer shall submit a detailed schedule to the City within 5 days after notice to proceed.
2013 ESA — Scholls Ferry Road Waterline 16 P a g c