Murray, Smith & Associates Inc ~ C140048 City of Tigard
13125 Sly'Hall Blvd.
CONTRACT CHANGE ORDER/ Tigard, Oregon 97223
AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
im %%-%k-\x.rigard-Or.4r�,�
Project Title: 2014 PMP—Overlay Design Project Manager: Mike McCarthy
Contractor: Murray, Smith &Associates, Inc. Original Contract #: C140048
Effective Dates: 2/14/14 Chane Order/Amendment Amount: $
Accounting String: 412-8000-56005-95001-130 Amendment Percentage Running Total:
AMENDMENT DETAILS
Change in date only. Original contract should have been through December 31, 2014.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASSONING FOR CHANGE ORDER/AMENDMENT
The original contract should have run through December 31, 2014.
REQUESTING PROJECT MANAGER A-?]'Rftg6CATAFF
Mike McCarthy r
Signature S' Wirel
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 theproject's FY budget. Date
c �.� S11'(c11(4
CITY OF TIGARD,OREGON
AMENDMENT TO ENGINEERING SERVICES AGREEMENT
2014 PAVEMENT MANAGEMENT PROGRAM-OVERLAY DESIGN#95001
AMENDMENT #1
THIS AGREEMENT,made and entered into this 12th day of February,2014,by and between the City of
Tigard,a municipal corporation,hereinafter referred as the"City,"and Murray, Smith&Associates,Inc.,
whose authorized representative is Gabriel Crop, and having a principal being a registered engineer of the
State of Oregon,hereinafter referred to as the "Engineer."
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 jure 30, 2014, December 31, 2014,
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.
o-rok
Signaatturr Signature J
Printed Name Printed Name
Date Date
Citi-of Tigard
CONTRACT CHANGE ORDER 13125 SW gall Blvd.
S Tigard,Oregon 97223
AMENDMENT #Z SUMMARY FORM Phone- (503) 639-4171
Fax- (503) 684-7297
Nvww.ri Bard-or. oy
Project Title: 2014 PMP—Overlay Design Project Manager: Mike McCarthy
Contractor: Murray, Smith&Associates, Inc. Original Contract#: C140048
Effective Dates: 2/12/14— 12/31/14 Chane Order/Amendment Amount: $38,919
AccountingString: 412-8000-56005-95001-412-130 Amendment Percenta e Runnin Tota1:24.6%
AMENDMENT DETAILS
The original contract was for design of the city's 2014 pavement overlays with some minor oversight during
construction. This amendment adds construction inspection and construction management services to the
contract.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount $157,973
Amendment#1 Change in date only $0
Amendment#2 Add construction inspection and $38,919
construction management
TOTAL $196,892
REASONING FOR CHANGE ORDER/AMENDMENT
We have seen a significant increase in private development this year,which will keep our staff busy review-in
Tans for and inspecting construction of private development projects.
Murray, Smith&Associates has the expertise and staff availability to perfortn the inspection and construction
management services.
REQuES'IING PROJECT MANAGER APPROV CITY STAFF
Mike McCarthy
Signature —Signature
6/12/14 -- - -- — /% _°�' /+
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. r Date
CITY OF TIGARD,OREGON
AMENDMENT TO ENGINEERING SERVICES AGREEMENT
2014 PAVEMENT MANAGEMENT PROGRAM-OVERLAY DESIGN#95001
AMENDMENT #2
THIS AGREEMENT,made and entered into this 12th day of February, 2014, by and between the
City of Tigard, a municipal corporation, hereinafter referred as the "City," and Murray, Smith &
Associates, Inc.,whose authorized representative is Gabriel Crop, and having a principal being a
registered engineer of the State of Oregon, hereinafter referred to as the "Engineer."
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 One 14ttii4ed Fittw—
Thousand -Nine Hundred -S-,e-eenty-hfeand Ne/400 Doo One Hundred Ninety
Six Thousand Eight Hundred Ninety Two and No/100 Dollars
($4 57,973.00$196,892.00) without prior written authorization.
EXHIBIT A–SCOPE OF SERVICES
The scope of services for this Agreement is amended as attached and below:
Task 1–Project Management
No changes to previous scope.
Task 2–Survgyi
Task 2.3 Pre/Post Construction Survey
Provide Pre/post construction survey services for up to 17 monuments described as follows:
• Includes establishing survey control and field locating existing centerline monuments
within the limits of construction.
• Staking the location of box monuments that will be installed during construction.
• Re-setting centerline monuments that are destroyed during construction(assumed tura
monuments to be re-sett.
• Preparation and filing of a Pose Construction Record-of-Survey with Washington
County Surveyor's Office.
• File the survey with Washington County.
Task 3–Utility Coordination
No changes to previous scope.
Task 4–Pavement Services
No changes to previous scope.
Task 5—50% Design
No changes to previous scope.
Task 6—90% Design
No changes to previous scope.
Task 7—Final Design
No changes to previous scope.
Task 8—Bidding Services
No changes to previous scope.
Task 9—Construction Phase Services
Prior scoped services under this task included up to five field visits to review curb ramp
construction. This scope is expanded to include the following;
• Attending a preconstruction meeting.
• Reviewing requests for information, clarifications and change orders.
• Review of contractor submittals, shop drawings and field testing(particularly focused
on asphalt) for conformance to the design requirements of the project and in
accordance with the requirements of the contract documents. Consult with and advise
City as to the acceptability of substitute and"or-equal" items proposed for use by the
contractor.
• Construction inspection (assumed five visits per week,eight hours per visit over a two
month construction period) to monitor the progress and quality of the work, including
preparation of construction inspection reports. Inspection will include review of curb
ramps relative to ADA compliancy.
• QA testing for asphalt to supplement the Contractor's QC program. Testing is
anticipated to include two sets of AC Content, Gradation,Mix Moisture and Max
Specific Gravity (Rice) at the plant (once early in production and once at the midpoint).
• Samples will be split samples with the Contractor's tester. Testing will also include two
separate days of density testing with a minimum of five density shots per day. The
testing firm will be selected after award of the construction contract and will be
different than the Contractor's QC tester. QA also includes coordination with the
Contractor,review of QA test results, comparison to QC results and application of
Independent Parameters of the ODOT MFTP if the results differ.
• Assistance in determining if non-conforming contract work should be rejected.
• Attendance at progress meetings (assume weekly for a total of two months) with
contractor and City to address construction related issues.
• Reviewing and making recommendations for contractor monthly_progress payments
(assumed three progress payments).
• Attendance during the final inspection and preparation of a report on completion of the
project,including a recommendation of final acceptance of work by the City.
• Provide Record Drawings representative of the "as constructed"project. Record
Drawings will be completed electronically and provided in PDF format.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed
below.
CITY OF TIGARD MURRAY,SMITH&ASSOCIATES,INC.
Signature Signatu
fAa� �Q
Printed Name Printed Name
Date Date
SCOPE OF WORK
CITY OF TIGARD
ENGINEERING SERVICES FOR
2014 PAVEMENT MANAGEMENT PRO M
AMENDMENT NO2
Introduction
Murray, Smith & Associates, Inc. recently provided design engineering services to the City
of Tigard (City) for the 2014 Pavement Management Program. Previously scoped work
included design and support for construction administration services. This amendment is to
address supplemental construction administration services.
Proposed Scope of Services
The scope of design services for the contemplated work is presented below.
TASK 1 —PROJECT MANAGEMENT
No changes to previous scope.
TASK 2 —SURVEYING
Task 2.3 Pre/Post Construction Survey
Provide pre/post construction survey services for up to 17 monuments described as follows:
• Includes establishing survey control and field locating existing centerline monuments
within the limits of construction.
• Staking the location of box monuments that will be installed during construction.
• Re-setting centerline monuments that are destroyed during construction (assumed two
monuments to be re-set).
• Preparation and filing of a Pose Construction Record-of-Survey with Washington
County Surveyor's Office.
• File the survey with Washington County.
TASK 3 —UTILITY COORDINATION
No changes to previous scope.
TASK 4—PAVEMENT SERVICES
No changes to previous scope.
City of Tigard MURRAY,SMITH&ASSOCIATES,INC.
June 2014 Engineers/Planners 1
gApdx_bd\clients,tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment 1\amendment 1
tigard 2014 pavement management program scope of work 6-9-14.docx
TASK 5 —50% DESIGN
No changes to previous scope.
TASK 6—90% DESIGN
No changes to previous scope.
TASK 7—FINAL DESIGN
No changes to previous scope.
TASK 8—BIDDING SERVICES
No changes to previous scope.
TASK 9—CONSTRUCTION PHASE SERVICES
Prior scoped services under this task included up to five field visits to review curb ramp
construction. This scope is expanded to include the following:
• Attending a preconstruction meeting.
• Reviewing requests for information, clarifications and change orders.
• Review of contractor submittals, shop drawings and field testing (particularly focused
on asphalt) for conformance to the design requirements of the project and in
accordance with the requirements of the contract documents. Consult with and advise
City as to the acceptability of substitute and "or-equal" items proposed for use by the
contractor.
• Construction inspection (assumed five visits per week, eight hours per visit over a two
month construction period) to monitor the progress and quality of the work, including
preparation of construction inspection reports. Inspection will include review of curb
ramps relative to ADA compliancy.
• QA testing for asphalt to supplement the Contractor's QC program. Testing is
anticipated to include two sets of AC Content, Gradation, Mix Moisture and Max
Specific Gravity(Rice) at the plant(once early in production and once at the midpoint).
Samples will be split samples with the Contractor's tester. Testing will also include two
separate days of density testing with a minimum of five density shots per day. The
testing firm will be selected after award of the construction contract and will be different
than the Contractor's QC tester. QA also includes coordination with the Contractor,
review of QA test results, comparison to QC results and application of Independent
Parameters of the ODOT MFTP if the results differ.
• Assistance in determining if non-conforming contract work should be rejected.
• Attendance at progress meetings (assume weekly for a total of two months) with
contractor and City to address construction related issues.
City of Tigard MURRAY,SMITH&ASSOCIATES,INC.
June 2014 Engineers/Planners 2
g:\pdx_bd\clients\tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment 1\amendment 1
tigard 2014 pavement management program scope of work 6-9-14.docx
• Reviewing and making recommendations for contractor monthly progress payments
(assumed three progress payments).
• Attendance during the final inspection and preparation of a report on completion of
the project, including a recommendation of final acceptance of work by the City.
• Provide Record Drawings representative of the "as constructed" project. Record
Drawings will be completed electronically and provided in PDF format.
Proposed Fee Estimate
MSA proposes to perform this amended work utilizing remaining budget not used and
available from prior design tasks. The proposed budget reallocation to accommodate this
work is shown in Exhibit A.
Schedule
The overall project schedule will remain unchanged.
City of Tigard MURRAY,SMITH&ASSOCIATES,INC.
June 2014 Engineers/Planners 3
g:\pdx_bd\clients\tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment I\amendment 1
tigard 2014 pavement management program scope of work 6-9-14.docx
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: PMP—2014 Overlay Design Number: 00��
Contractor: Murray, Smith&Associates (MSA) Contract Total: $157,973
Contract Overview: This project is for design and engineering of pavement overlays
And associated work to be constructed in summer 2014.
This includes design of curb ramp retrofits to ADA standards
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low
Risk Reduction Steps: Most of this work will be design performed in the company's Portland office
Engineer will design curb ramps to meet ADA requirements
Risk Comments: -
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: Public Works
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA X Other: Engineering Services Start Date: 2/18/14_ End Date: 12/31/14
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Murray, Smith &Associates Combined Ranking 6
WHPacific Inc. 8 5
Wallis Engineering 5
Account String: Fund-Division-Account Work Order—Activity Type Amount
Year 1 412-8000-56005 95001-412-130 $150
,973
Year 2 412-8000-56005 95001-412-130 $7,000
Year 3
Year 4
Year 5
Approvals - LCRB Date: Feb 11, 2014
Department Comments:
Department Signature:
Purchasing Comments: �---
Purchasing Signature:
City Manager Co
7
City Manager Signature: I�Wlkk,�:.7
/�,
V ' V I I
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number
111ooN�L
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
2014 PAVEMENT MANAGEMENT PROGRAM—OVERLAY DESIGN#95001
THIS AGREEMENT, made and entered into this 12`h day of February, 2014, 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 Gabriel Crop, and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for engineering services for the 2014
project; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City; and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties
hereby agree as follows:
1. Engineer's Sco-pe 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 One Hundred Fifty Seven
Thousand Nine Hundred Seventy Three and No/100 Dollars ($157,973.00)
without prior written authorization.
n
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.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for
the City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other
than lump sum fees to substantiate all charges. For such purposes, the books of
account of the Engineer shall be subject to audit by the City. The Engineer shall
complete work and cost records for all billings on such forms and in such manner as
will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City
deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under
the contract who are excluded under ORS 653.010 to 653.261 or under 29
USC sections 201 to 209 from receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-
partnership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention incident to sickness or injury
to the employees of Engineer or all sums which Engineer agrees to pay for
2014 ESA—PMP Engineering Services 2 1 Page
such services and all moneys and sums which Engineer collected or deducted
from the wages of employees pursuant to any law, contract or agreement for
the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall
not permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim
for labor, materials, or services furnished to Engineer, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become
due to the Engineer. The payment of the claim in this manner shall not
relieve Engineer or their surety from obligation with respect to any unpaid
claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Engineer; however,
the City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in
"DWG" or "DXF" format, of the original drawings of the work. The City shall
have unlimited authority to use the materials received from the Engineer in any way
the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of
its maps, records, laboratory tests, or other data pertinent to the work to be
performed by the Engineer pursuant to this Agreement, and also make available any
other maps, records, or other materials available to the City from any other public
agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and
soil tests which were developed in the course of work for the City and for which
compensation has been received by the Engineer at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
2014 ESA—PMP Engineering Services 3 1 Page
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer shall be an
independent contractor for all purposes and shall be entitled to no compensation
other than the compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Engineer to
provide services under this contract are employees of Engineer and not of City.
Engineer acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of law or an
administrative agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid
to Engineer under the terms of the agreement, to the full extent of any benefits or
other remuneration Engineer receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to
Engineer or to a third party) as a result of said finding.
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will
receive any remuneration of any description from the Engineer, either directly or
indirectly,in connection with the letting or performance of this Agreement, except as
specifically declared in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or
more in the calendar year by any public employer participating in the Retirement
System.
F. Engineer shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end
of the calendar year.
2014 ESA—PMP Engineering Services 4 1 Page
e
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnitv
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 agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives 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 in performance of this contract at both trial and appeal
level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies.. 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 agrees and shall indemnify, defend, save and
hold harmless the City of Tigard, its officers, employees, agents, and representatives
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 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 in performance of this
contract. 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 in performance of
this contract.
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 risks arising directly or
indirectly out of Engineer's activities or work hereunder, including the operations of its
2014 ESA—PMP Engineering Services 5 1 1' a g e
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
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
$2,000,000, or the equivalent. Annual aggregate limit shall not be less than $3,000,000 and
filed on a"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at Engineer'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.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. 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
2014 ESA—PMP Engineering Services 6 1 P a g e
not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives 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. All policies of insurance must be written by companies
having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carriers)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City,
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specif, and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
2014 ESA—PMP Engineering Services 7 1 Pa g e
K. 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.
L. 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.
A certificate in form satisfactory to the City certifying to the issuance of such insurance win be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
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. 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.
2014 ESA—PMP Engineering Senices 8 113 a g e
3) If any license or certificate required by law or regulation to be held by
Engineer, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not
renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer,if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of
Engineer.
Any such termination of this agreement under paragraph (A) shall be without
prejudice to any obligations or liabilities of either party already accrued prior to such
termination.
B. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the
time specified herein or any extension thereof, or
2) If Engineer fails to perform any of the other provisions of this Agreement,
or so fails to pursue the work as to endanger performance of this agreement
in accordance with its terms, and after receipt of written notice from City,
fails to correct such failures within ten days or such other period as City may
authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The 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.
2014 ESA—PMP Engineering Services 9 1 P a g e
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: Gabriel Crop
Address: 13125 SW 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: mikern tigard-or.gov Email: ,gabe.croj?Qmsa-ep.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to whom notices, bills and payments are to
be given by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the
City by an Engineer, which does not represent clients on matters contrary to City interests.
Further, Engineer shall not engage services of an engineer and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary
to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the
services of an engineer and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Engineer shall
consult with the appropriate City representative regarding the conflict.
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
2014 ESA—PMP Engineering Services 10 1 P a g c
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.
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 AV12licable 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
pro posal 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.
2014 ESA—PMP Engineering Sernices 11 P a g e
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,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver, consent,modification, or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Engineer, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Engineer has executed this Agreement on the date hereinabove first written.
Awarded by Tigard's Local Contract Review Board at their February 11,2014 business meeting.
CITY OF TIGARD Y, TH&ASSOCIATES,INC.
By: Marty Wine, CityIa ager By: A ized Contractor Representative
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Date Date
2014 ESA—PMP Engineering Services 12 Pa g e
EXHIBIT A
SCOPE OF SERVICES
PROJECT BACKGROUND
The City of Tigard's (City) transportation system includes about 152 miles.of city-owned surface
streets of varying size and capacity requiring periodic maintenance to keep them operational. The
City established a Street Maintenance Fee in 2003 to address maintenance needs for these streets. A
significant portion of the fees collected are to be spent on reconstruction/restoration of existing
roadways. MSA provided services to the City in 2013 to complete pavement rehabilitation designs
initially started by the City.
PROJECT DESCRIPTION
This project will include the design and construction of streets identified for pavement rehabilitation
in 2014. The planned street segments to be rehabilitated and designed by the Consultant roughly
based on available budget are listed below in Table 1:
Table 1—Street Rehabilitation List
Street From To ADT Length Corners w/ Corners to beCurb Ramps Rebuilt
Locust St Greenburg Rd Hall Blvd 4,000 2,700 14 9
Walnut St 116t"Ave 122nd Ave 9,500 1,200 8 7
121st Ave Tippitt PI Ann PI 8,000 1,000 5 5
115th Ave Gaarde St Fonner St 2,000 3,000 17 15
78th Ave Pfaffle St Spruce St 1,000 1,500 1 1
Spruce St 78th Ave 71st Ave 1,000 2,000 7 6
718t Ave Hwy 99W Pine St 1,000 820 2 2
Old Gaarde Gaarde St Hwy 99W 2,500 450 5 4
St
105th Ave McDonald St End 600 350 2 1
Canterbury 109th Ave Hwy 99W 2,000 1,600 4 4
Ln
109th Ave Canterbury Ln 600'S of 1,800 1,500 2 2
Murdock
Tech 72nd Ave West End 2,000 1,180 2 2
Center Dr
Ftewing St Hwy 99 W O'Mara St 1,000 2,000 2 1
Sub-Total 19,300 71 59
Work on Old Gaarde St. and 105th Ave may be affected by adjacent work planned on Hwy 99W and
will require ongoing coordination. The City anticipates having the following construction budget
(design and construction engineering services separate) available for this work.
Fiscal Year (Construction Year) Construction Budget
2014-15 (2014) Approximately $1,100,000
2014 ESA—PMP Engineering Services 13 1 1' a g e
Engineer shall develop pavement rehabilitation designs and produce a bid package to complete this
work and incorporate City comments as received. Typical street treatments are expected to be
overlays,grind and inlays, and localized full depth pavement repairs.
In addition to the above streets, the City will be completing an overlay on Tigard St (from 115"' to
Tiedeman) as part of separate frontage improvements for an adjacent park project.
CITY RESPONSIBILITIES
The City will be responsible for the following:
• Provide a project engineer/manager who is responsible for overall project development and
management and for coordination between the consultant and the City.
• Establish the work scope and design parameters for each project,including related
standards.
• Provide the Consultant copies of all available, relevant City utility "as-built" plans,
topographical maps,reports and studies pertinent to the project.
• Provide Consultant with GIS technical support including a base map based upon coordinate
geometry with aerial photography and topographic contours.
• Provide Consultant with the City's standard drafting frame, title block and any standards
required to be followed if applicable.
• Provide Consultant with digital copies of the City's standard construction specifications,
details and "front end" bidding document sections.
• Provide curb ramp inventory information as may be available from City records.
• Provide timely review and comment on drawings, bid items and quantities, and estimate
submitted by Consultant to City for review and approval.
• Maintain records and process consultant invoices.
• Provide legal review of all contracts, bid forms, and real property.
• Provide notifications as necessary to the public and business community regarding the
nature and timing of the work to be completed.
• Advertise and manage the bidding process for construction.
• Manage the construction phase of the project.
SCOPE OF SERVICES
The scope of design services for the contemplated work shall include:
TASK 1—PROJECT MANAGEMENT
This effort covers the administration and coordination of the Engineer's staff, subconsultants, and
the interface with the City project manager and other City staff. The effort will include the
following subtasks:
• Schedule, prepare for, and conduct a project kick-off meeting to review the purpose and
scope of the project. This meeting will be an internal project team meeting with City staff.
• In addition to the project kickoff meeting, budget assumes three (3) additional meetings to
occur prior to 50% submittal (focus on pavement design review), after the 50% submittal
and after the 90% design submittals respectively. Consultant shall schedule and lead project
2014 ESA—PMP Engineering Services 14 1 P a g e
meetings and prepare meeting agendas and minutes. For estimating purposes, it is assumed
two (2) of Engineer's team members will be present at each team meeting.
• Coordinate submittal and review of plans, bid items and quantities, and estimate by the City
at the 50% and 90%level of completion.
• Process and submit monthly billings with a summary of project status by task and subtask,
including a summary of invoicing from subconsultants retained for this project.
• Preparation and maintenance of the overall project schedule including adding staff,
subconsultants and other resources as needed to meet scheduled milestones.
Task 1 Deliverables
• Invoices (monthly)
• Project Design Schedule
• Meeting agendas and minutes for meetings
TASK 2—SURVEYING
Task 2.1 Preliminary Monument Research
Since grind/inlay and overlay pavement rehabilitation is anticipated with a low risk of disturbance, it
is assumed the Contractor will be made responsible for monument preservation during construction.
Any disturbed monuments will be the responsibility of the Contractor to replace. To minimize the
risk of disturbance,work will include:
• Research Washington County survey records for recorded surveys, subdivision plats and
road drawings that show the location of all survey monuments that have been previously set
within the work limits.
• Field verify presence of monuments.
• Using the research described above, provide a markup of the approximate locations on the
project plans and incorporate this information into the plans in the 90% design documents
(Task 6).
Task 2.2 Pocket Survey - Contingency Task
Several curb ramps will need to be replaced to meet ADA requirements. Some of the existing ramps
in constrained areas may need to be surveyed so the mapping can be used for detailed curb ramp
design.
Engineer shall complete base map, surface, and field topographic survey as needed to complete the
final design. 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 (9 hours for a survey crew and 9
hours for a survey technician for office work) basis, for up to five (5) 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. The topographic survey work will not be completed until
completion of Task 5 and review and concurrence by the City. The survey shall include field
locating all existing above ground features (i.e. edge of pavement, curbs, sidewalks, buildings, trees,
utilities, etc.) as well as elevations with one foot contour intervals. The below ground utilities will be
located from one-call locate paint marks and existing as-built maps.
2014 ESA—PMP Engineering Services 15 1 pa g c
Task 2 Deliverables
• Base map and surface files for use in design
TASK 3—UTILITY COORDINATION
Minor utility conflicts are anticipated for this project relative to pavement elevation changes
(overlays) and curb ramp replacements. Utility adjustments during paving operations are anticipated
to include valve box (gas and water) adjustments and manhole (storm, sewer and other) adjustments.
Depending on each curb ramp design, above ground utility facilities may also need to be adjusted.
Adjustments to City owned facilities will be incorporated into the design.
Utility coordination efforts will include:
• Develop a utility contact information list and email project information letters to all utility
companies involved to explain nature of the work.
• Provide project preliminary plans to each utility at 50% and 90'/0.
• Maintain a record of correspondence with utility companies.
• Identify conflicts and issue conflict notices to impacted utilities.
• 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. Consultant shall review each utility's relocation plans and proposed
schedule,provide written comments and issue approval.
Task 3 Deliverables
• Utility contact list.
• Project information letters and conflict notices to each affected utility.
• Reviewed utility relocation plans with comments and recommendations.
TASK 4-PAVEMENT SERVICES
The City anticipates roadway rehabilitation will generally consist of overlay and grind and inlay
paving where possible. In addition, some locations may require base repair or general
reconstruction. Due to the classification of the streets under consideration, the City does not wish
to pursue 15- or 20-year rehabilitation analysis according to the AASHTO system. Instead, analysis
will be based on identifying the optimal configuration for a rehabilitation of about 2.0 inches of new
asphalt concrete (AC) while minimizing grade increases. The field investigation strategy will consist
of shallow subsurface explorations, ground penetrating radar (GPR) testing, and field distress
surveys. The specific scope of services will include the following:
• Attend a meeting with City staff and the City's civil engineering representative to discuss
pavement design approach, options, and project team plan.
• Initial investigations will include a visual "windshield" survey of each road section. The
survey will be used to describe the overall condition of each road.
• Review past City data regarding pavement construction, maintenance, and rehabilitation at
each road section.
2014 ESA—PMP Engineering Services 16 1 1' a g e
• Conduct GPR tests in the outside wheel track of the main travel lanes on each street using a
2 GHz truck-mounted horn antenna.
• Analyze truck-mounted GPR data and provide a plot of estimated AC thickness by
pavement station. GPR data to be compared to the subsurface exploration data.
• Complete up to 21 pavement cores with locations at the discretion of the engineer for the
purpose of GPR comparison and pavement condition assessment. This assumed
approximately one to three cores per street section listed above. Cores to be terminated at
the bottom of the AC.
• Compare the results of core sampling to the GPR data and adjust GPR results as
appropriate.
• Provide a data report summarizing findings.
• Conduct field visit with City staff with data report in hand for use in reviewing site specific
conditions and constraints.
• Make pavement rehabilitation recommendations and incorporate into the project designs
upon acceptance by the City.
Task 4 Deliverables
• Pavement design report summarizing field investigation results and pavement rehabilitation
recommendations.
TASK 5—50%DESIGN
During this phase, Engineer will develop engineering plans which reflect typical grind and inlay and
overlay treatments. The plans will establish appropriate project limits, identify the design sections
and edge and longitudinal treatment details, address catch basin treatments to appropriately manage
bicycle and drainage concerns, establish which curb ramps need to be modified or replaced to meet
ADA requirements and identify typical traffic control. Plan sheet format will generally follow the
same format used for the 2013 project. Specific requirements under this task include:
• Complete a review of the City's existing mapping, as-builts, aerial photographs, topographic
surveys and GIS information.
• Integrate available base mapping into project plan sheets.
• ADA compliance review:
a. Obtain and review City curb ramp inventory information and incorporate data into the
ADA compliancy review.
b. Complete office desktop review at each street crossing within paving limits utilizing
readily available aerial and streetview imagery. Determine where existing curb ramps
exist and where new curb ramps are needed. Where sidewalks do not exist, no curb
ramps are required for ADA compliance. Document existing/future ramp locations and
initial review findings for each ramp utilizing FHWA checklist for ADA compliancy.
c. Complete follow-up field evaluation of existing curb ramps and take measurements using
FHWA checklist to determine ADA compliancy.
d. Make determination of where curb ramps need to be replaced and/or added to meet
ADA requirements.
e. Show curb ramp replacement/retrofit locations in the 50% plans and incorporate into
cost estimate.
2014 ESA—PMP Engineering Services 17 1 P a e
• Conduct site visit for each street with City staff to complete site reconnaissance for the
purpose of developing pavement rehabilitation designs. It is assumed this field visit will
occur after the Engineers initial ADA compliancy review and after the draft pavement
investigations and report is available for reference. It is assumed only grind/inlay, overlay
and local pavement repairs will be required.
• Develop pavement treatment recommendations and incorporate treatments for each street.
• Establish appropriate project limits, identify the design sections and edge and longitudinal
treatment details, address catch basin treatments to appropriately manage bicycle and
drainage concerns and identify signal loops (ODOT or other) which may be impacted.
• Prepare a 50% level cost estimate and bid schedule in a format acceptable to the City.
Engineer will divide estimate and bid schedule into multiple bid schedules as directed by the
City and depending on available funding.
• Prepare 50% construction plans (1" = 30' scale on half size sheets) 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 streets requiring more
detail (arterials and some collectors), the construction plans may also include striping plans,
signal detection, demolition and erosion control plans. It is assumed paving layout sheets
and some details will be provided at this stage with striping layout sheets to be added at the
90% design level.
Task 5 Deliverables
• ADA compliance documentation.
• Electronic versions of the 50% plans, bid items and quantities, and cost estimate (PDF and
Excel).
TASK 6—90%DESIGN
The 90% design submittal shall be advanced from the 50% submittal (incorporating all review
comments). Additional tasks in addition to those listed above include:
• Coordinate with ODOT as needed for signal loop replacements, curb ramp replacement and
other work as may be necessary on ODOT right-of-way. Coordination is assumed to be
necessary at the following intersections:
a. Locust St. and Hall Blvd.
b. 71"Ave. and Hwy 99W
c. Old Gaarde St. and Hwy 99W
d. Canterbury and Hwy 99W
e. Frewing and Hwy 99W
• No other permitting needs are anticipated.
• Coordinate survey (Task 2) for curb ramps to be reconstructed or added.
• Develop detailed curb ramp retrofit/replacement designs in conformance with Public Right-
of-Way Accessibility Guidelines (PROWAG) and the ODOT/APWA standard drawings
utilizing survey mapping. Include sufficient curb ramp layout information including
benchmark references in project detail sheets sufficient for contractor staking. For
estimating purposes, it is assumed up to 40 intersection corners with curb ramps will be
(re)constructed.
2014 ESA—PMP Engineering Services 18 1 P a g e
• Prepare front end contract documents using the City's most recent standard forms and
technical specifications in ODOT/APWA format.
Task 6 Deliverables
• Electronic versions of the complete 90% contract documents including front end
documents, technical specifications, plans, bid items and quantities, and cost estimate (PDF,
Word and Excel).
TASK 7—FINAL DESIGN
The final design submittal shall be advanced from the 90°io submittal (incorporating all review
comments). Additional tasks in addition to those listed above include:
• Continue coordination with ODOT as necessary to develop a draft permit with conditions
to be included in the bid documents. It is assumed the selected Contractor will sign and
finalize the permit with ODOT prior to work on ODOT right-of-way.
• Refine curb ramp designs as necessary based on City and ODOT feedback.
Task 7 Deliverables
• Electronic versions of the complete contract documents including final front end
documents, technical specifications, plans, bid items and quantities, and cost estimate (PDF,
Word, Excel and CAD).
• Provide one (1) reproducible set of construction plans. The construction plans shall include
an 11"x17" (at 1" = 30') set of construction drawings and details.
TASK 8—BIDDING SERVICES
It is assumed the City will print, advertise and be the primary point of contact for bidder inquiries.
Engineer's services will include:
• Assist the City as needed in responding to all bidder inquires during the bid period.
• Provide necessary bid addenda to address bidder questions, as needed.
TASK 9—CONSTRUCTION PHASE SERVICES
It is assumed the City will lead construction management and inspection for this project. To
confirm curb ramps are being constructed according to ADA requirements, Engineer will provide
field and technical support to the City. Services will generally include up to five field visits (up to
four hours each) at keys times to check forms prior to concrete pours and ongoing support to City
inspection staff to provide recommendations for checking grades during construction.
Proposed Fee Estimate
Engineer shall perform this work on a time and expenses basis with a total not to exceed amount of
$157,973 including design and construction services in accordance with the attached Exhibit A.
Schedule
The design schedule for the 2014 bid package will accommodate an anticipated bid opening in April
2014 with anticipated NTP to the construction contractor in June 2014 and construction beginning
in July 2014.
2014 ESA—PMP Engineering Services 19 1 I' a g e
2014 ESA—PMP Engineering Services 20 1 I3 a g c
PRELIMINARY SHEET LIST
The following is the anticipated list of plan sheets:
Running Sheets Sheet Description
Total Number
1 1 Cover Vicinity Map, Sheet Index
2 1 C-1 Overlay Quantities,Legend&Notes
3-5 3 C-2 to C-4 Paving Details
6-15 10 C-5 to C-14 Curb Ramp Details
3 Paving Layout-Locust St
2 Paving Layout -Walnut St
2 Paving Layout- 121"Ave
4 Paving Layout- 115`"Ave
2 Paving Layout—78`h Ave
3 Paving Layout—Spruce St
16-43 1 L1 to L-28 Paving Layout—71"Ave
1 Paving Layout—Old Gaarde St
1 Paving Layout— 105"'Ave
2 Paving Layout—Canterbury
2 Paving Layout-109`'Ave
2 Paving Layout—Tech Center Dr
3 Paving Layout—Frewing St
44-48 5 CS-1 to CS-5 Striping Details
49-76 28 S-1 to S-28 Striping Layout (same format as paving layout sheets)
2014 ESA—PMP Engineering Services 21 P a g e
EXHIBIT B
ENGINEER'S PROPOSAL
2014 ESA—PMP Engineering Services 22 1 Pa g e
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