CES NW, Inc ~ C130084 CITY of TIGARD,OREGON
CONTRACT SUMMARY FORM
(FoRmMusTAccomPAm,EACH CONTRACTFOR AUTHORFZA77oN)
Contract Title: Sanitary Sewer Main Upsizing CIP 493013 and #93012 Number 1300'�Ll
Contractor: CES NW, Inc. Contract Total: $32,070
Contract Oven-iew: CES-N-W is being hired to render professional engineering services for the
128/Shore Drivc Trunk and East Tigard Trunk sanitary sewer mauls.which
are over capacity-and require upsizing
Tyre: ❑ Purchase Agreement Start Date: NIa��29, 2.4113 End Date: Tune 30, 2014
❑ Personal Service
[] Public Improvement L.CRB kward: UBS Award Department: PW/Engineering
IGA
Other: Engineering Sycs.AWmt. Contract Manager: Mike Stone
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
CES NW X32.070
.account String: Fund-MyjAign-Account Project-Fund-Phase Amount
#93012 FY12/13 500-8000-56005 93012-500-140 $10,,000
#93013 FY12/13 500-8000-56005 93013-500-140 $10
,000
#93012 FY13/14 500-8000-56005 93012-500-140 $6,035
#93013 FY13/14 500-8000-56005 93013-500-140 $6,035
TOTAL $32,070
Mrovals
Department Comments: QBS Seri-ices Direct Appointment from Qualified Roster
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing alf required approvals, forward original copy to the Contracting and Purchasmg Office along with a
completed Contract Checklist.
Contract Number C L 3Do$
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
SANITARY SEWER MAIN UPSIZING
EAST TIGARD TRUNK(D-120) (CIP#93013)
SHORE DRIVE TRUNK(D-525&D-530) (CIP#93012)
THIS AGREEMENT, made and entered into this 29"' day of May, 2013, by and between the City
of Tigard, a municipal corporation,hereinafter referred to as the "City," and CES I NIS, Inc.,whose
authorized representative is Tony Weller, and having a principal being a registered engineer of the
State of Oregon, hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2012-2013 budget provides for sanitary sewer main upsizing
engineering services (CIP#93013 and CIP#93012), 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 Cita- 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, 2014,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'I housand Seventy
and No/100 dollars ($32,070.00) 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.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed.
Billings shall be submitted by the Engineer periodically,but not more frequently than
monthly. Payment by the City shall release the City from any further obligation for
payment to the engineer for service or services performed or expenses incurred as of
the date of the statement of services. Payment shall be made only for work actually
completed as of the date of invoice. Payment shall not be considered acceptance or
approval of any work or waiver of any defects therein. Invoices shall be broken
down and detailed by project location with the City's CIP project number (CIP
#93013 and CIP#93012) listed for each location.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other
than lump sum fees to substantiate all charges. For such purposes, the books of
account of the Engineer shall be subject to audit by the City. The Engineer shall
complete work and cost records for all billings on such forms and in such manner as
will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City- its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City
deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under
the contract who are excluded under ORS 653:010 to 653.261 or under 29
USC sections 201 to 209 from receiving overtime.
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3) Engineer shall promptly, as due, make payment to any person, co-
partnership, association or corporation, famishing medical, surgical and
hospital care or other needed care and attention incident to sickness or injury
to the employees of Engineer or all sums which Engineer agrees to pay for
such services and all moneys and sums which Engineer collected or deducted
from the wages of employees pursuant to any law, contract or agreement for
the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall
not permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
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)flans 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 prec-iously 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 unliiniited 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
Cather 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
Neithcr 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
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whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director,or designee, shall be responsible for deterrnining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer shall be an
independent contractor for all purposes and shall be entitled to no compensation
other than the compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Engineer to
provide services under this contract are employees of Engineer and not of City.
Engineer acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of lase 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 -ander 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 emplos,ee 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.
ESA East Tigard Trunk 4
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265,
7. Indm-nii
A. The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer represents to the City
that the work under this contract will be performed in accordance with the
professional standards of skill and care ordinarily exercised by members of the
engineering profession under similar conditions and circumstances as well as the
requirements of applicable federal, state and local laws, it being understood that
acceptance of an Engineer's work.by the City shall not operate as a waiver or release.
.acceptance of documents by City- does not relieve Engineer of any responsibility for
design deficiencies,errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold
harmless the City of Tigard, its officers, agents, and employees from all claims, suits,
or actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature, including intentional acts resulting from or arising out of the
activities of Engineer or its subcontractors, sub-consultants, agents or employees
under this contract. If any aspect of this indemnity shall be found to be illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
C. Claims for Professional Liability,. Engineer shall defend, save and hold harmless the
City of Tigard, its officers, agents, and employees from all claims, suits, or actions
and all expenses incidental to the investigation and defense thereof,arising out of the
professional negligent acts, errors or omissions of Engineer or its subcontractors,
sub-consultants, agents or employees in performance of professional services under
this agreement. Any design work by Engineer that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section,a claim for professional responsibility
is a claim trade against the City in which the City's alleged liability-results directly or
indirectly, in whole or in part, from the quality of the professional services provided
by Engineer, regardless of the type of claim made against the City. A claim for other
than professional responsibility is a claim made against the City in which the City's
alleged liability- results from an act or omission by Engineer unrelated to the quality
of professional services provided by Engineer.
$. 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 corer 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
ES?.--East Tigard Trunk 5 1 ,
maintained by City is excess and not contributory insurance with the insurance required
hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages;
A. Commercial General Liability-Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of
this contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISD or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity- provided under this
contract. The following insurance will be carried.
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional 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 l or Symbols S and 9 as applicable) Commercial Automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-ovmed 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 QRS 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 tabor 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.
E5A—East T'igArd Trunk 6
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 Neill be endorsed to provide a per project aggregate.
F. Extended Retaorting 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
3s 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 Cit_<• is
excess and not contributory insurance with the insurance required in this section.
J. Cross-Liability-Clause
A crass-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:
Citi-of Tigard
Attn: Contracts and Purchasing Office
13123 SW Hall Blvd
Tigard, Oregon 97723
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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 tight 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. Tetmination 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
follotcing 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 {) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
S. 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
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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 Aithin 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 Cit}r 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 Makin Pa ments
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 deli-very, mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:+
CITY aN TIG RD CES I NW,INC.
Attn: Mike Stone,City Engineer Attn: Tony Weller
Address: 13125 SW Hall Blvd. address: 13190 SV7'6--e Parkway, Suite 150
Tigard,Oregon 97223 Tigard,Ore on 97223
Phone: 503 718-2759 Phone: 503 968-6655
Fax: 503 684-7297 Fax: 503 968-2595
Email: r
- = — i'..IF1'dil: i"'1'��� f��.� Cx .�1N1�.tr,n.
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. Meeger
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 staternent 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
Ius/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 fourteen (14) 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 disernabled, including but not restricted to, an act of
God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-vide 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-'%ith 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.
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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 perfortxrance 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. Com fiance 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 DRS 279A, 27913,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 fiends.
24. Severabili
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
ESA—East Tigard Trunk 11
unless in writing and signed by both parties. Such waiver, consent, rnodification, 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, Ciq, 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 C I ,INC.
By: IGiartha Wine, City INIanager By:Autho ed Contractor Representative
6Azg- X51' � i :5
Date Date
ESA—East Tigard Trunk 12 1 !
EXHIBIT 1
SCOPE OF SERVICES
PROJECT UNDERSTANDING (D120)
The City of Tigard's Capital Improvement plan has identified both the East Tigard Trunk (D120)
and the Shore Drive Trunk (D-525 & D-530) as sanitary sewer mains that are over capacity and
require upsizing to prevent overflows either into sensitive natural areas or adjacent properties. Since
the project may have significant impacts to neighboring properties and/or sensitive natural areas, the
City has decided to perform a preliminary engineering study= to verify the existing hydraulic capacity
and to determine if an alternative alignment could reduce impacts to neighboring
properties/sensitive natural areas and the potential costs of the alternative alignments.
The East Tigard Trunk (D-120) is approximately 1470 lineal feet from Huntziger Street to the
Portland and Western Railroad line. The preliminary engineering study will examine upsizing the
pipe along the existing alignment, rerouting the existing alignment to avoid the existing creek, or
realigning the trunk down Wall Street. Engineer will also examine a new crossing of the railroad and
a downstream connection to the existing trunk sewer.
The Shore Drive Trunk projects are located from, 128"' Avenue and Winterlake Drive to the north
side of Surnmer Lake (D-525), and from Shore Drive and Winterlake Drive to the north side of
Summer Creek (D-530). The two Shore Drive projects consist of approximately 1180 lineal feet and
10150 lineal feet respectively-. The preliminary engineering study will examine upsizing the existing
alignments or rerouting the trunk main from Shore Drive to the east to connect to the trunk main
from the intersection of 128"'avenue.
The preliminary engineering studies will include the following:
A. Data Collection& Review
1, Asbuilts & GIS information. Obtain existing utility asbuilts and GIS information from
the City. Set up the base map of the study area.
2. Review video. Obtain and review video of the existing lines. Identify location of
existing lateral connections to the trunk main. Videos to be provided by the City.
B. Preliminary Survey
1. Establish Horizontal and Vertical Survey Control. Setup conventional and GPS control
and tie existing monurnenta6on necessary- to establish the existing right-of-way, property
lines and easement locations within the project limits. Run vertical control from nearest
City/County bench mark. Datum will be based on the City of Tiga.rd's datum.
2. Preliminary Survey. The preliminary survey will include horizontal and vertical locations
of existing sanitary manholes, preliminary- profile of alternative alignment routes, and
some additional topographic features within the right-of-way and easement area along
the sewer line.
C. Preliminary Engineering Design
1. Verification of Hydraulic Capacity of Existing Lines: Review actual slopes and pipe sizes
verses Master Plan information to confirm which pipe runs will need to be upsized.
2. Develop alternative alignment(s): Examine potential alternative alignments to
reduce potential impacts to sensitive areas.
ESA—East Tigard Trunk 13
I Evaluate each alternative for impacts: Determine the potential property impacts and
permitting/mitigation requirements for each alternative.
4. Prepare preliminary cost estimate: Prepare a pre£itninary estimate for both alternatives.
5. Review with City Project Team: Review ahgrunent alternatives with City Staff. Make
any revisions as appropriate.
6. Prepare engineering report: Prepare a report outlining the findings of the alternatives
analysis and the final recommended alignment,
D. Schedule and Estimated Costs
PROJECT
PROJECT PROJECT SURVEY SUPER/ SURVEY PHASE
TASK MANAGER ENGINEER MANAGER DESIGN CRE1X' TOTAL
A. Data
Collection/Review
1. Asbuilts and GIS 6 4 51,020
Information
2. Review Video 6 5660
TASK A SUBTOTAL 0 12 4 0 0 $1,680
B. Prehmmaxy Surrey
3. Establish 4 1' 52,570
Horizontal and
Vertical Controls
4. Preliminary Survey 8 29 34 $-,460
TASK B SUBTOTAL 0 0 8 29 51 $10,030
C. Preliminary
Engineering Design
5. Verification of 12 S1,320
Hydraulic Capacity
6. Develop alternative 4 100 $x11640
ab.gnment choices x
7. Evaluate 4 8 51,520
alternatives fur
permitting impacts
8. Prepare preliminary 4 16 $2,400
cost estimate
9. Review with City 4 8 51520
Project Team
10. Prepare engineering; 4 12 51,960
report
TASK C SUBTOTAL 10 68+88 0 0 0 $20,360
TOTAL LABOR HOURS 10 74+94 8 13 23 $32,070
Labor Summary Expenses
A.Data Collection and Review $1,680 Printinga $0
B.Preliminary Survey $10,030 Mylars/Photos $0
C.Preliminary Engineering Design $20,360 Bid Documents $0
Total Labor $32,070 Total Expenses $0
Total Labor&Expenses $32,070
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