Murray, Smith & Associates, Inc ~ C130083 ITY of TrcnxDOREGON
CONTRACT SUMMARY FORM
(F0RMMUSTACC0MP%N-i,E4cH CONTRACT'FOR AUTHORIZArioN)
Contract Title: Cityv ide Pedestrian and C}.chst Irmprovements Number: �
Contractor: lwlurray,Smith&Associates, Inc. Contract Total: $31.547
Contract Overview: Engineering services to design three locations where sidewalk and bike lanes will be
constructed. The Engineer�Jll provide a high level (10%) construction cost estimate
only for a fourth location.
Type: ❑ Purchase Agreement Start Date: NIU 14, 2013. End Date: Sent. 30,2013
❑ Personal Service
❑ Public Improvement LCR.B Award: Department: PW/Engineering
❑ IGA
Z Other: Engineering Services Contract Manager: Mike McCarthy
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Murray, Smith&Assoc.. Inc. $31,547_
WH Pacific Inc.
CES NW Inc.
Account String: Fund-Division-A . .hunt Proje -F„nd-Phase Amoun
FY12/13 460-8000-56005 95027-200-140 $21547
FY13/14 460-8000-56005 95027-200-140 $10,000
Approvals
Department Comments: The three firms were considered from the list as a result of the
RFSOQ 12rocess. All three are qualified to do the work. MSA was awarded the
contract because of performance on a similar level of effort the proposed team
for this project,their experience and availability.
Department Signature: "r Z�t 197
Purchasing Comments:
-
Purchasing Signature:.
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City Manager Comments:
L4;14
City Manager Signature:
After securing all required approvals, forward otrgirnal copy to the Conttactrng and Purchasing f}fFice along with a
completed Contract Checklist.I.•f.ENG}I - Active Projects 194011 Culvert Improvement walnut St JAgreements -
Contracts-IGA 1 VA.11 Contract Summary_Form.docx
Contract Numbec,
CITY OF TIGA4RD,OREGON
ENGINEERING SERVICES AGREEMENT
CITYWIDE PEDESTRIAN AND CYCLIST IMPROVEMENTS
CIP#95027
THIS AGREEMENT, made and entered into this 146' day of May, 2013,by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murray, Smith &
Associates, Inc., whose authorized representative is Troy Bowers, and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2012-2013 budget provides for the design services related to the
City's citywide pedestrian and cyclist improvements project (CIP #95027);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 Attachment A,
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, on September 30, 2013. 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 Attachment .'A 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 B 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 total paid to the Engineer shall not exceed Thirty One Thousand Five
Hundred Forty Seven and No/100 Dollars ($31,547.00) without prior
written authorization.
2) The parties hereto do expressly agree that any amount paid to the Engineer
shall be 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 Bassin 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 rnade only for work actually
completed as of the date of invoice. Payment shall not be considered acceptance or
approval of any work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other
than lump sum fees to substantiate all charges. For such purposes, the books of
account of the Engineer shall be subject to audit by the. City. The Engineer shall
complete work and cost records for all billings on such forms and in such manner as
will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City
deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to DRS 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
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from the wages of employees pursuant to any lav, 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-Engineer 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/Dclegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
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G. giseer is Independe 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. 111 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.
A 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.
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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-Engineers, 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-Engineers, agents or employees in performance of professional services under
this agreement. Any design work by Engineer that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility
is a claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided
by Engineer,regardless of the type of claim made against the City. .°' 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.
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The police or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liabi i . Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of
this contract, Comprehensive General Liability Insurance covering Bodily Injure 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:
Coyerage - Limit
General Aggregate $4,000,000
Products-Completed Operations aggregate 1,000,000
Personal& advertising Injury- 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of
this contract, Professional Liability Insurance covering any damages caused by an
error, omission or any negligent acts. Combined single limit per claim shall not be
less than $1,000,000, or the equivalent. .annual aggregate limit shall not be less than
$2,000,000 and filed on a"claims-made" form.
C. Commercial automobile Insurance
Engineer shall also obtain, at architect's expense, and keep in effect during the term
of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial :automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be
less than$2,000,000.
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.
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E. Additional Insured Proyi-sion
111 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 Coverape
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 raring.
H. ertificates 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. l renewal certificate
will be sent to the address below ten days prior to coverage expiration.
I. PrimaLy 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.
I Cross-Liabifi 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 certif3ing 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
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Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance,Engineer shall be obligated for the total amount
of any damage,injury=,or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause,City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this
paragraph,it shall pay Engineer for services rendered to the date of termination.
10. T rtnination With Cause
A. City may terminate this .agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City, under any of the
following conditions:
1) If City funding from federal, state,local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated
quantity of services. This Agreement may be modified to accommodate a
reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or
appropriate for purchase under this agreement.
3) If any license or certificate required by law or regulation to be held by
Engineer, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not
renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary- petition in
bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of
Engineer.
Any such termination of this agreement under paragraph (A) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any hart 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
ESA-Citywide Pedestrian and Cyclist Improvements
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 fixture 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 MURRAY,SMITH&ASSOCIATES,INC.
Attn: Mike McCarthy,Sr. Project Engineer Attn: Troy Sowers
Address: 13125 Soy]Hall Blvd. Address: 121 SW Salmon,Suite 900
Tigard,Oregon 97223 Portland,Oregon 97204
Phone: (503) 718-2462 Phone: 503) 225-9010
Fax: (503) 624-0752 Fax: (503) 225-9022 _
Email: mikem@tigard-or.gov Email: bowerst msa-e .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.
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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 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
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, (QRS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
17. Errata
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.
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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. Governixxg 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. Com fiance With A livable 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 QRS 279A,279B,and 279C.
21. Ganflict 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. At
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.
25. Complete A=eement
This Agreement and attached exhibits) constitutes the entire Agreement between the parties.
No waiver,consent,modification,or change of terms of this Agreement shall bind either party
ESA-Citywide Pedestrian and Cyclist Improvements U 1 1,;1 ," C.
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Engineer, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD MUR , TH&ASsOCIATES,INC,
By: Martha e,City Manager By:A xized ontractor Representative
LS
Date Date
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ATTACHMENT 1
SCOPE OF SERVICES
1. PROJECT DESCRIPTION
The City has provided information for four prioritized locations where sidewalk and bike lanes will
be constructed. Three of these locations will be designed by the Engineer under this scope of work.
The Engineer will provide a high level (10%) construction cost estimate only for the fourth location
for future budgeting purposes. The locations are shown in Exhibit A and are summarized in
approximate order of priority as follows-
* North side of North Dakota Street from 106th Avenue to 150 feet west of 106th Avenue
* Atlanta/Haines Street Sidewalk Connection
* 135th Avenue north of Lauren Lane
Sattler Street from 94th Avenue to 96th Avenue (10% construction cost estimate)
Depending on cost estimates and resulting contractor bids,anywhere from one to three locations
will be constructed. The Engineer will jointly work with City staff to develop and produce a bid
package to complete this work.
2. CITY RESPONSIBILITIES
The City will be responsible for the following:
A. Provide a project engineer/manager who is responsible for overall project development and
management and for coordination between the Engineer and the City,
B. Confirm the work scope and design parameters for each location,including related
standards.
C. Provide the Engineer copies of all available relevant City utility "as-built" plans,
topographical maps,reports and studies pertinent to the project.
D. Provide Engineer with GIS technical support including a base map based upon coordinate
geometry with aerial photography and topographic contours.
E. Provide Engineer with the City's standard drafting frame,title block and any standards
required to be followed if applicable.
F. Provide Engineer with digital copies of the City's standard construction specifications,
details and "front end" bidding document sections.
G. Provide front end contract documents for bidding.
H. Provide timely review and comment on drawings,bid items and quantities,and estimate
submitted by Engineer to City for review and approval.
I. Pay for any required application fees to the State,County,Clean Fater Services and other
agencies as required for required permits.
ESA-Citywide Pedestrian and Cyclist Improvements 131 P,, �.
J. Maintain records and process Engineer invoices.
K. Provide legal review of all contracts,bid forms,and real property.
L. Provide notifications as necessary to the public and business community regarding the
nature and tuning of the work to be completed.
3. PROPOSED SCOPE OF SERVICES
The scope of design services for the contemplated work is presented below.
A. Task 1—Project Management
This effort covers the administration and coordination of the Engineer's staff,
subcontractors,and the interface with the City project manager and other City staff: The
effort will include the following subtasks:
1) Schedule and attend up to three (3) design review meetings with City staff. One meeting
will be to review project priorities and scope the project. The other two meetings will be
to review the 40% and 80% designs. Prepare agendas and meeting notes.
2) Coordinate submittal and review of plans,bid items and quantities,and estimate by the
City at the 44%and 80%level of completion.
3) Process and submit monthly billings with a summary of project status by task and
subtask,including a summary of invoicing from subcontractors retained for this project.
Task 1 Deliverables
• Invoices (monthly through June 2013).
• Meeting agendas and minutes for meetings.
B. Task 2—Survevi_ng(Contingency Task)
It is assumed the project sites will require some design specific surveying information. The
City has provided some available survey information for two of the locations which will need
to be supplemented.
Engineer shall complete site specific base map,surface,and field topographic survey as
needed to complete the final design of certain features. At a minimum,it is anticipated that
right-of-way will be established at the first two project locations described above to confirm
work will be contained within the public right-of-way. All work under this contingency task
shall be on an as needed basis and shall be first authorized with a separate written Notice-to-
Proceed,on a per day (nine (9) hours for a survey crew and nine (9) hours for a survey
technician for office work) basis, for up to two (2) days,at a cost not to exceed$2,837 for
each day authorized.Engineer shall provide labor,equipment and materials to complete the
surveying needs for the project.
C. Task 3—UtiliV Coordination
No underground utility conflicts are anticipated for this project due to shallow depth
excavation,however,some above ground utility poles will likely be impacted with sidewalk
and bike lane construction.
ESA-Citywide Pedestrian and Cyclist Improvements 14 P ;]
The Engineer will perform utility coordination work related to the following franchise and
private utilities: power,communications,gas,cable television and other private utilities that
may be present within the project limits. Engineer shall identify utilities within the project
limits,evaluate potential utility conflicts and coordinate utility efforts for relocation of
impacted facilities. The Engineer will wait until after the 40% design submittal (when
funding can be confirmed) to contact the utilities. Utility coordination efforts will include:
1) Develop a utility=contact information list and email project information letters to all
utility companies involved to explain nature of the work.
2) Provide project preliminary plans to each utility.
3) Maintain a record of correspondence with utility companies.
4) Obtain utility-provided as-built and system mapping information.
5) Compare utility provided information with project base-mapping and field verify= the
location of utility facilities.
6) Identify design conflicts (conflicts to be identified on plan sheets) and develop an
itemized conflict list.
7) Issue conflict notices to impacted utilities.
S) Coordinate with private utilities to resolve utility conflicts and finalize utility relocation
requirements as appropriate. Affected utilities will be responsible for developing their
relocation designs. Engineer shall review each utility's relocation plans and proposed
schedule, provide written comments and issue approval.
Task 3 Deliverables
• Utility contact list
• Conflict notices to each affected utility
• Reviewed utility relocation plans with comments and recommendations
• Utility relocation designs incorporated into the design submittals
D. Task 4—44%Design
During this phase, Engineer will develop engineering plans to define the footprint of the
sidewalk and bike lane infill work and associated required work. It is assumed aerial
mapping can generally be used to develop designs and can be supplemented with location
specific survey and locate marks. Specific requirements under this task include:
1) Conduct initial site visit with City staff to complete site reconnaissance for use in
developing designs.
2) Complete a review of the City's existing mapping,as-builts, aerial photographs,
topographic surveys, GIS information and other information as is available.
3) Integrate available base mapping into project plan sheets.
4) Establish complexity of each project area to determine the need for supplemental project
surveys,ADA compliance issues, construction plan/detail needs and utility adjustment
needs.
5) The 40%plans will establish appropriate project limits including right-of-way,include
design cross sections, address potential drainage issues and identify typical traffic control.
6) Prepare a 40%level cost estimate and bid schedule sufficient for City use in determining
which project locations can be constructed with available budget.
ESA-Citywide Pedestrian and Cyclist improvements 15 � ;
7) Prepare 40%v construction plans and details as needed to clearly describe the work to be
constructed. Construction plans shall, at a minimum,include civil notes, details and
sections and street improvement plans. For locations requiring more detail (bike lane
widening and curb),the construction plans may also address grading,drainage,striping
and erosion control.
Task 4 Deliverables
Electronic set of 40%plans and cost estimate (pdf and excel).
E. Task 5—80%Design
The 80%design submittal shall be advanced from the 40%submittal (incorporating all
review comments—and is expected to be considered near final). ,'additional tasks in addition
to those listed above include:
1) Consult with Clean Water Services (CWS) and complete Pre-screening form for the.
three project locations. It is assumed CWS can approve the Pre-screening form as the
Service Provider Letter and that each project location can be constructed without
significant additional requirements from CWS.
2) Develop technical specifications to support the work.
3) City will prepare front end bid documents to cover general conditions for bidding and
execution of the contract. Engineer will conduct a cursory review of the front end bid
documents.
Task S Deliverables
• Electronic set of 80%4 plans and cost estimate (pdf and excel).
F. Task 6—Final,Design
The final design submittal shall be advanced from the 90%n submittal (incorporating minimal
review comments—as no new input is expected). Additional tasks in addition to those listed
above include:
1) Complete budget level construction cost estimate (10%) for Sattler Street location for
City's use in future budgeting. Use design information and unit costs developed for the
other three locations to inform the 10%construction cost estimate for Sattler Street,
Task 6 Deliverables
• Electronic set of final plans and cost estimate (pdf and excel).
• Provide one (1) reproducible set of construction plans. The construction plans shall
include an 11"x17"set of construction drawings and details.
G. Task 7—Biddipg Services (Reserved)
It is assumed the City will call prospective contractors to obtain bids. Engineer shall provide
recommendations for contractors to call as part of Task G.
H. Task 8—Construction Phase Services (Reserved)
It is assumed the City will manage the construction phase.
ESA-Citywide Pedestrian and Cyclist Improvements 16 1 P
4. PRELIMINARY SHEET LIST
A total of 10 sheets are estimated.
5. PROPOSED FEE ESTIMATE
The total not to exceed amount to perform this work on a time and expenses basis is estimated at
$31,547. The proposed fee estimate is broken down in accordance with the attached Exhibit B.
G. SCHEDULE
Designs shall be completed in May through June of 2013 for anticipated construction beginning in
late summer 2013,
ESA-Citywide Pedestrian and Cyclist Improvements 17 1 1
EXHIBIT A
North Dakota St Sidewalk and Bike Lane Gaps from 106"' to 109th
Description: Construct bike lane and sidewalk on north side of North Dakota St to fill gaps between
106"' and 109"Avenues.
Reasons to Construct; Existing gap in othenvise relatively complete sidewalk system along fairly busy
street.
Daily Traffic Volume: 3,500 Functional Class: Neighborhood Route
Project Cost: $40,000 Length: 300 feet
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EXHIBIT A
Atlanta / Haines Sidewalk Connection
Description: Construct G' curb-tight sidewalk across existing 200-foot gap between existing sidewalks
Reasons to Construct: Existing gap in otherwise relatively complete sidewalk system along busy street
connecting to bridge over 1-5. Drivers tend to stay close to the curb; topography limits rrisibilittir
Daily Traffic Volume: 8,000 Functional Class: Collector
Project Cost: $30,000 Length: 200 feet
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EXHIBIT A
Sattler St Sidewalk Gap Between 94th Ave and. 96th Ave
Description: Construct G' sidewalk across existing 300-Boot gap between existing sidewalk sections
Reasons to Construct: Existing gap in otherwise relatively complete sidewalk system along fairly bus),
street.
Daily Traffic Volume: 2,300 Functional Class: Neighborhood Route
Project Cost: $40,000 Length: 300 feet
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PROFESSIONAL ENGINEERING SERVICES FOR Exhibit B
2013 SIDEWALK AND BIKE LANE INFILL
CITY OF TIGARD
PROPOSED FEE ESTIMATE.
TASK Prtncipul Prof. Fog. ESTIMAI-ED FEES
Eng.IV Eng,V DesA Tech.11l .4dmin.11 Total LabmvP'ubsnsc yxPes Total$185 5127 S96 $102 576 Wours DJ
Task 1-Project management
Meetings(3 total) 12 8 -U 5 2.29'_ S fvi S 2.356
Monthly billings 2 2 4 S 6223 5 6 S 630
Tusk 1 Subtotal 2 14 8 0 0 24 S 2,916 S $ 70 S 2,9$6
Task 2-Surveying(Contingency Task,see below)
Task 2 Subtotal 0 0 0 0 0 0 S - $ S S
Task 3-Utility Coordination-Reserved
Compile and review drawings and mapping 1 4 5 $ 511 S 5 S 516
Coordinate One-Cali locates and field review 1 6 7 S 703 $ 7 S 710
Coordinate with utilities 2 12 14 S 1.406 S 14 S 1.420
Reviess and incorporate utilit provider requirements 1 4 5 S 511 S 5 S 516
Iask 3 Subtntul 0 5 26 0 0 33 5 3,131 S 5 31 5 3.162
Task_4-40%Design
Site visit{I total} 4 4 8 S 892 $ 23 $ 915
Plans 8 32 16 5 S 5.720 S 313 S 6,033
Cost estimate 1 6 7 S 703 S 7 S 710
Tusk S Subtntat 0 13 42 16 0 71 3 7,315 $ - S 3433 S 7,658
Task S-80°!Design
Incorporate comments ] 4 5 $ 51 1 $ 5 $ 516
Plans 4 32 8 44 $ 4,396 S 172 $ 4.568
Technical specifications 8 8 $ 1,016 5 10 $ 1,026
Cost estimate 1 4 5 S 5 1 1 S 5 S 516
CWScoOrd irot ion 4 4
8 $ 892 5 9 5 901
Task 6-Final Design Task 6 Subwal 0 18 44 8 0 74 S 7,326 S S 201 5 7;527
Incorporate comments _ 2 5 192 5 2 $ 194
Plans 2 16 4 22 S 2.198 S 86 $ 2.284
Technical specifications 4 4 $ 5081 5 5 S 513
Cost estimate 1 2 3 $ 319 S 3 S 322
Sattler cosi estimate 4 4 s� 384 S 4 S 388
Task 7Subtotal 0 7 24 4 0 3_ 5 3,601 5 5 100 5 3,7111
Task 7-Bidding Services-Rescrved
Tusk 9Subtolal 0 0 0 0 Il 0 $ S S S
Task 8-Construction Phase Services-Reserved
Task 10 Suhurtal 0 0 0 0 0 0S 5 $ S
TOT41L-NON CONTINGENCY TASKS 2 57 144 28 Q 231 1S .24,2891 S - S 746 S 25035
Task 2-Surveying(Contingency Task) 2 1 G 1 8 S 830 5 5,674 5 8 5 fi.512
IOLU-COWINGEN'CY TAS" 0 2 6 0 0 N 5 8311 1 S 5.671 S 8 5 6,512
TOTAL-ALL TASKS 2 59 150 1 280 239 S 25.114 5 5,674 5 154 1 5
City of Tigard Murray,Smith&Associates,Inc.
May 2013 Enginccrs.Planners Page I
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