Loading...
Jacobs Associates ~ C150012 City of Tigard 13125 SW Hall Blued. CONTRACT SUMMARY FORM Tigard,Oregon 97223 Phone- (503) 639-4171 Fax- (503) 684-7297 uIWv. ' rd-or. 01 Project Title: Utility Casing BoreCrossing Project Manager:Mike McCarthy Contractor:McMillian jacobs Associates Original Contract#: C150012 Effective Dates: 1/12/15 Chane Order/Amendment Amount: $7451(i Accounting String:5 32-8000-5 6005 96036-140 Amendment Percentage Running Total: AMENDMENT DETAILS Added Work includes: • Inspection of the boring and installation of the casing • Coordination with the ODOT highway project • Construction management throughout the project • Contract end date extended to 12/31/15 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $30,000 Amendment#1 $20,000 Amendment#2 No Change Amendment#3 $35,790 TOTAL $85,790 REASONING FOR CHANGE ORDER/AMENDMENT This amendment would add construction management and inspection to the existing design contract. With the specialized nature of this work and the city's current inspection workload,we believe contracted Inspection and construction management will be the best way to accomplish this project. REQUESTING PROJECT MANAGER APPROVR4C q CITY STAFF �> Signature Sipnature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for Signature the work. The unit pricing in the original contract shall apply to all additional work. A copy of this form, once completed,is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. Date Jamie Greenberg From: Mike McCarthy Sent: Monday, January 12, 2015 10:17 AM To: Jamie Greenberg Cc: Joseph Barrett; Jamie Greenberg; Michelle Wright; Aaron Beattie; Kim McMillan Subject: RE: OR99W - Gaarde/McDonald Waterline Relocation Attachments: Mike McCarthy P E 2.vcf; SKMBT_C45215011211060.pdf; ESA Amendment#3 _Summary_Form.docx Attached is an amendment summary form—in word and signed .pdf versions. The additional funding is coming from other projects as follows: $100k from 96034— New Water Source Systemwide Improvements $50k from 96024—Water Line Replacement Program $100k from 96028—Fire Hydrant Replacement Program Please let me know if you need anything else on this. Thanks, Mike Mike McCarthy P.E. City of Tigard q Senior Project Engineer = Streets and Transportation 13125 SW Hall Blvd Tigard,OR 97223 (503)71$-2462Direct (50.3)624-0752Fax mikem@tigard-or,gov From: Jamie Greenberg Sent: Monday, January 12, 2015 9:32 AM To: Mike McCarthy Subject: RE: OR99W - Gaarde/McDonald Waterline Relocation Mike, Since we did this as an amendment to the contract Can you please do a contract amendment summary form please. We did change the name changed the expiration date to 12/31/2015 and increased contract amount to a total contract of $85,790. Once I have that I will get it in Marty's box to have her sign.Thank you. Jamie Greenberg Purchasing Assistant 503-718-2492 From: Mike McCarthy Sent: Monday, December 29, 2014 7:23 AM To: Jamie Greenberg; Joseph Barrett 1 Cc: Laura Barrie; Kim McMillan Subject: RE: OR99W - Gaarde/McDonald Waterline Relocation Hi Jamie, The scope has been revised considerably from the version previously sent. Attached is the scope to use. Let me know when you're in so I can call or stop by to discuss. Thanks, Mike Mike McCarthy R.E. Cib/of Tigard Senior Project Engineer NSStreets and Transportation 13125 SW Hall Blvd S Tigard,OR 9722.3 (503)718-2962Direct (50.3)624-0752Fax mikem Ctigard-or,gov From: Jamie Greenberg Sent: Tuesday, December 23, 2014 4:38 PM To: Mike McCarthy; Joseph Barrett Cc: Laura Barrie; Kim McMillan Subject: RE: OR99W - Gaarde/McDonald Waterline Relocation Mike, I think this contract was already done. Attached is what was sent to Jacobs on December 11th. Please let us know if this is the same thing or not. Also is attached is what Steve sent over on December 4th.Thank you. Jamie Greenberg Purchasing Assistant 503-718-2492 From: Mike McCarthy Sent: Monday, December 22, 2014 11:17 AM To: Joseph Barrett; Jamie Greenberg Cc: Laura Barrie; Kim McMillan Subject: FW: OR99W - Gaarde/McDonald Waterline Relocation Hi Joe and Jamie, Attached is a draft scope from Jacobs Associates (which has since been purchased and is now McMillian—Jacobs)for design of the waterline relocation and construction management and inspection of the casing installation, new waterline, and waterline relocation. Also attached is a draft contract summary form. Note that MSA would be$38k of this$74k work, and MSA is on our pre-qualified list. It may be advantageous to contract with them directly. As you know,this work needs to move quickly, so please prepare the contract if you see fit, or let me know what other steps you would recommend. I will be out of the office for the holidays. If you need to reach me urgently, call my personal cell at 503-288-0010. 2 Thanks, Mike Mike McCarthy P.E. Cibi of Tigard Senior Project Engineer Streets and Transportation 13125 SVV Hall Blvd Tigard,OR 97223 (503) 718-2462Direct (503)624-0752 Fax mikem@tigard-or.gov From: Schick, James [mailto:Schick@mcmjac.com] Sent: Friday, December 19, 2014 4:25 PM To: Mike McCarthy Subject: RE: OR99W - Gaarde/McDonald Waterline Relocation Mike, Attached is our base scope and estimate for the following: Finalizing plans and specifications associated with the original waterline crossing Development of supplemental plans and specifications associated with the 300 ft of waterline relocation Bid support Construction support Please feel free to contact me with any questions.The construction estimate is based on our best guess on the duration and appropriate oversite. Once we have an actual construction schedule from the contractor we may need to revisit this portion of the estimate. One other note, the revised contract should reflect our new company name (see my signature below). Have a great weekend and holiday. Jamie Schick, C.E.G., L.E.G., L.H.G. Associate 101 SW Main Street, Suite 360 1 Portland, OR 97204 503.384.2917 p 1503.724.5144 c I schick@mcmiac.com ■ McMILLEN JACOBS ASSOCIATES *Please note that Jacobs Associates and McMillen LLC have officially merged and my email address has changed. DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail 3 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UTILITY CASING BORE CROSSING-96036 CONTRACT#C150012 AMENDMENT #3 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and jaeabs Asseeiates McMillen Jacobs Associates,hereinafter referred to as Engineer, entered into on the 31"day of July,2014,is hereby amended 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 and in this and previous Amendments 1 &2 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 Septeffiber 30, 2014December 31, 2015, 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 Eighty Five Thousand Seven Hundred Ninety and No/100 Dollars ($85,790.0% without prior written authorization. EXHIBIT A SCOPE OF SERVICES The following shall be added to the scope of services to be provided by the Engineer under this Agreement. The Basic Fee for these services not exceed$35,790 BACKGROUND The original scope for the waterline crossing project assumed the work would be included with Oregon Department of Transportation's (ODOT) OR99W: Gaarde/McDonald Intersection Improvements project currently under design. However, after completing and submitting the preliminary design of the waterline crossing to ODOT for their review, ODOT has determined that the waterline work cannot be part of the intersection improvement project. As such,the waterline crossing work will need to be bid as a stand-alone project by the City of Tigard. In addition, several conflicts with existing waterlines and proposed storm drains associated with the upgraded intersection were recently identified. To avoid these conflicts an approximately 300 foot section of the pipeline shall be diverted through the project footprint. This scope now includes support for design and inclusion of this pipe replacement into the plans and specifications for the original waterline project. The pipeline design will be completed by others. TASK 1-PREPARE STANDALONE CONTRACT DOCUMENTS ENGINEER'S ESTIMATES Revise the drawings and specifications prepared previously for inclusion in the ODOT project into contract documents appropriate for public bidding that comply with City of Tigard standards. The subtasks include the following: A. Drawings: Add a title sheet, legend sheet (ODOT standards), basic traffic control sheet and notes, standard erosion control notes and details, and revise general waterline notes. To expedite final design, waterline crossing design sheets will remain in ODOT standard format. Engineer is responsible for modifications to the trenchless drawings and details. B. Prepare technical specifications and all other contract documents for public bidding. Engineer to use the City of Tigard standard advertisement, bidding, special provisions, agreement, and all other City "front end" documents. The technical specifications will remain in ODOT format. Engineer will develop trenchless, shoring and environmental contamination specifications and review the entire specification package. C. Prepare Engineer's construction cost estimate. D. Meetings TASK 2-WATERLINE REPLACEMENT DESIGN There are several utility conflicts between proposed sewer lines and existing 8 to 12 inch waterlines in the vicinity of this project. The City has requested these utility conflicts be resolved through placement of approximately 300 feet of pipeline through the project area and abandonment of the existing waterline. Engineer will assist with the geotechnical and environmental aspects of the design. TASK 3-BIDDING SUPPORT SERVICES It is assumed that the City will administer the advertising and distribute the contract documents. Engineer will provide bidding phase assistance to respond to questions and inquiries from prospective construction contractors and interested parties, including pre-bid meeting to answer bidder questions. Assistance will be provided to the City throughout the bidding process and in the evaluation of bids, construction contractor pre-qualifications,and recommendation of contract award. Prepare addendums as required. TASK 4 CONSTRUCTION ENGINEERING SERVICES A. Under this task, assist City with administration of the construction contract including requests for inforrmation (BFI's) and conduct telephone conferences and in person meetings with City staff as required to discuss construction issues as they develop. Preparation of responses to RFI's and contract modifications with assistance by City staff. Review contractor pay requests and assist City in preparing progress contractor payments. B. Coordinate and attend construction meetings coordinated including pre-construction conference and up to two additional construction meetings. C. Assist with record drawings from as-built conditions. CONSTRUCTION SUBMITTAL AND FIELD SERVICES Proposed construction support under this subtask shall include technical assistance, on-site inspections, and pay-estimate evaluation. The base subtasks proposed assume the City's Project Manager Team will lead all construction administration and management with Engineer and MSA assisting. However construction inspection will be primarily the roll of Engineer and MSA. The following is a summary of subtasks: D. Review and provide comments on submittals and other construction related assistance associated with the trenchless crossing,temporary shoring and environmental contamination. E. During construction McMillian Jacobs Associates will perform daily site inspections and be onsite to oversee critical stages of construction. Full time inspection will be provided during installation of drilling pits, drilling and installation of the trenchless casing and excavations associated with installation of pipeline as necessary. Periodic site visits will be performed during site restoration. Engineer will endeavor to coordinate with MSA to avoid duplicate inspection services. The City's Project Manager Team will perform periodic site inspections. The estimate assumes up to 10 full-day inspections during the drilling pit and casing installation. Daily field reports will be submitted following the site inspection. 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 MCMILLEN JACOBS ASSOCIATES Signature I Signature 0C1Mark IlavL11605�_ Printed Name Printed Name i Zc?I 0/ 1a91201_5Date Date Level of Effort MCMILLIAN JACOBS ASSOCIATES `a v c `y c W `y Ot F m c m U U C W y 0 C N d O` D_ W N C� C N C C 'V O00 C C O y O W C O1 C O O O O CN 'p^ N O- L dN Q N d N In J W N N 5 220 5 190 n 17515 160 5 145 S 1301$ 100 $ 100 Task Description Task 1-Develop Full Bid Package for Waterline Crossing Meetings 4 S 700 S 100 S S 800 Engineedng Analysis 2 6 S 1,310 S S 1,310 Plan Sheets Cover Sheet,Gen Notes,Traffic Control,Details 1 6 8 $ 2,550 $ S 2,550 Specs(Division 100) 1 6 8 $ 2,550 $ S 2,550 QA/QC 2 2 S 790 $ S 790 Estimate of Probable Construction Cost 4 0 S 1,980 $ S 1,980 Sub-total 4 0 24 30 0 0 0 0 S 9,880 $ 100 0 $ 9,980 Task 2-Waterline Replacement Design En ineerin Anal sis 4 3 S 1,180 S 50 5 S 1,230 S ecifications and Estimate 2 2 S 670 S 670 Sub-total 01 01 6 5 0 0 0 0 S 1,850 $ 50 S $ 1,900 Task 3-Support During Bidding Pre-Bid Meeting 4 4 S 1,340 S 50 S S 1,390 Respond to RFIs 4 8 S 1,980 S S 1,980 Bid Review 4 4 $ 1,340 S 1,340 Sub-total 0 01 12 16 0 0 0 0 S 4,660 S 50 S $ 4,710 Task 4-Engineering Support During Construction Project Administration Assistance 8 $ 1.400 S 50 S S 1,450 Submittal Review 8 8 $ 2,680 5 S S 2,680 Construction Meetings 8 4 $ 2,040 $ 200 $ S 2,240 Record Drawings 2 4 1$ 990 $ $ $ 990 Site Visits 20 24 402 $ 500 S S 11,840 Sub-total 01 01 46 40 0 0 40 0 $ 18,450 $ 250 S - $ 19,200 Hours 4 0 88 91 0 0 40 0 0 Fee S880 $0 $15,400 $14,560 $ O $0 S4.0001 S01 S 34,840 $ 450 S - $ 35,790 City of Tigard 13125 SW Hall Blvd. Is CONTRACT CHANGE ORDER Tigard, Oregon 97223 AMENDMENT #2 SUMMARY FORM Phone- (503) 639-4171 Fax- (503) 684-7297 www.ti and-or. ov Project Title: Utility Casing Bore Crossing Project Manager: Steve Schalk Contractor:Jacobs Associates Original Contract#: C150012 Effective Dates: 7/31/14 Change Order/Amendment Amount: Accounting String:532-8000-56005 96036-140 Amendment Percentage Running Total: AMENDMENT DETAILS Change in duration only. CHANGE ORDER DETAILS UNIT QTY UNIT $ NOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Contract termination extended to June 30,2015. REQUESTING PROJECT MANAGER APPROVI CITY STAFF Signature Signature lo- •?tel 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 the project's FY budget. Date &94- ib1rK CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UTILITY CASING BORE CROSSING-96036 AMENDMENT #2 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Jacobs Associates, hereinafter referred to as Engineer, entered into on the 315` day of July, 2014,is hereby amended as follows: 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire,unless otherwise terminated or extended, upon completion of the work or September 30, 2014, June 30, 2015, 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. c CITTYY OF TIGARD JACOBS ASSOCIATES Signature Signature Printed Name Printed Name 10/23/201y Date Date City of Tigard 13125 SW Hall Blvd. CONTRACT CHANGE ORDER Tigard, Oregon 97223 AMENDMENT ##1 SUMMARY FORM Phone- (503) 639-4171 Fax- (503) 684-7297 www.ti and-or. ov Project Title: Utility Casing Bore Crossing Project Manager: Steve Schalk Contractor: Jacobs Associates Original Contract #: C150012 Effective Dates: 7/31/14 Change Order/Amendment Amount: $20,000 Accounting String:532-8000-5 6005 96036-140 Amendment Percentage Running Total: 67% AMENDMENT DETAILS The waterline is being designed and constructed in conjunction with the casing bore crossing. This includes: • Pipeline alignment and connections plan/profile • Pipeline details • Pipeline specifications • Cost estimate Provide support during the re-bid and bidding process including: • Attend 1 re-bid meeting • Respond to questions during bidding CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $30,000 Amendment #1 $20,000 TOTAL $50,000 REASONING FOR CHANGE ORDER/AMENDMENT Jacobs Associates has hired Murray, Smith &Associates (MSA) to design the waterline. The original project schedule had only the casing being constructed at this time. It has been decided that it is in the city's best interest to include the waterline construction during this project to prevent reconstructing the intersection within a year of completion. REQUESTING PROJECT MANAGER APPROVING 'TY STAFF r Signature signature IE7 �-� Date Date Contractor is hereby authorized by the Cite 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 the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT UTILITY CASING BORE CROSSING-96036 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Jacobs Associates, hereinafter referred to as Engineer, entered into on the 31St day of July, 2014,is hereby amended 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 A, which is attached hereto and by this reference made a part of this Agreement. Jacobs Associates has hired MSA as a subcontractor to complete the design of the waterline. Additions to the scope of work include: • Pipeline alignment and connections plan/profile • Pipeline details • Pipeline specifications • Cost Estimate Provide support during the pre-bid and bidding process includin. • Attend 1 pre-bid meeting • Respond to questions during bidding 3. Engineer's Fee a. Basic Fee i. 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, j 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 Thousand and No/100 DoHars ($30,000.00) Fifty Thousand and No/100 Dollars (50,000)without prior written authorization. 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 JACOBS ASSOCIATES gnature Signature 13 2,,o ALV'11Ust Printed Namd Printed Name / i-f�►a 'W�wr�, 6ckbrr 10, 2&1 Ll Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUST ACCOMPANY EVERY CONTRACT Contract Title: Pac. Hwy-. / Gaarde Utility Casing Bore Crossing Number: Contractor: Jacobs Associates Contract Total: $30,000 Contract Overview: Prepare a trenchless plan and alternative study to install a bore casing for a waterline crossing under Pacific Highway at Gaarde Street. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low Risk Reduction Steps: Contract has insurance requirements matching matrix Risk Comments: Risk Signature: Contract Manager: Steve Schalk Ext: 2470 Department: PW/Engineering Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ® Other: Eng. Sys.Agreement Start Date: 7/31/14 End Date: 9/30/14 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Jacobs Associates $30,000 Account String: Fund-Division-Account Work Order—Activit5�T):Ve Amount FY14/15 532-8000-56005 96036-140 $30000 4provals - LCRB Date: Department Comments: Engineer on the Qualified Roster. Direct appoint up to $100,000 Department Signature: \ Purchasing Comments: � Y , 4, `nrso�0�2� f�I Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with completed Contract Checklist. Contract Number' Soo I CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT UTILITY CASING BORE CROSSING-#96036 THIS AGREEMENT, made and entered into this 18"' day of August, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Jacobs Associates, whose authorized representative is Jamie Schick, 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 2014-2015 budget provides for design services for the Utility Casing Bore Crossing project;and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City;and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, upon completion of the work or September 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 Thousand and No/100 Dollars ($30,000.00) 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. 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 21 Page to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer, however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings as well as storage device such as thumb drive or sd card 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 3 1 P a g e 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. 4 1 P a g e G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. With respect to 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. With respect to 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. 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. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. 5 1 P a g e 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 any actual or alleged negligent act, error, or omission in the rendering of or failure to render Professional Services. 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 not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. 6 1 P a g e 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 carder(s) 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 specify 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. 7 1 P a g e K. Pri�ary 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 will 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. 81 Page 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. 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 JACOBS ASSOCIATES Attn: Steve Schalk Attn:Jamie Schick Address: 13125 SW Hall Blvd. Address: 101 S.W. Main Street, Suite 360 Tigard,Oregon 97223 Portland, Oregon 97204 Phone: (503) 718-2470 Phone: (503) 227-1800 Fax: (503) 624-0752 Fax: (503) 227-1821 Email: steves ,tigard-or.gov Email: schickQjacobssf.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 10 1 Page 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 its deliverables 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 Applicable Law Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,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. 111Page 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. CITY OF TIGARD JACOBS ASSOCIATES By:Marty ine, City Manager By: Mark Havekost 0. VtGe S•1q '-�zot4- 09/10-0/2011-1 Date Date 121Page EXHIBIT A SCOPE OF SERVICES The Engineer shall render professional engineering services as described below: Prepare a trenchless plan and alternative study to install a bore casing for a waterline crossing under Highway OR99W to include the following issues: • Determine logical alignment based on minimizing construction impact to the roadway • Recommend vertical alignment • Understand project restraints for bore pit locations • Select appropriate method for the trenchless crossing • Provide cost estimates associated with alternate installation methods Provide a final constructible design of a trenchless crossing installation including but not limited to the following information: • Trenchless crossing plan/profile • Exit and entry pits and staging areas • Trenchless casing details • Pipe laydown areas • Settlement monitoring locations and details • Provide relevant specifications for trenchless methods • Pit shoring details 131Page EXHIBIT B ENGINEER'S PROPOSAL 141Page O O O O O 0 0 0 0 0 0 0 0 0 Co O to N T O a) r l) O t.t) co _t' 00 O N th h �e;oj;ue;�nsuoogns v Cl) co m rn LO m N r o o to M o t� n M I N N_ LO r CO-`It to N N E9 6a 69 eel d} Qf-QF .% to Ef} Uf,oq3-tR Ica 69l O O 000 O O sosuadx3 T M M coco ty T 6FT to 69 6% 69 6c� 69 6. O O O O O OO O 0 0 0 0 0 0 0 O cc N O (o to r M O to O 'IT c0 O N O O .IOgB, t.t) c7 -IQ- M c0 6) ai O to N r O O O O O tc to r M N N e} aj r N N I64 ER EL? 61,696a 6a 6% ER U). K}69 6s 613 EA 4a O O O O O O O O 1a4eaa/Jeu6isaa o U) w Q0 0 0 0 0 0 aaau�6u3}je;S U � O (a 0 0 0 0 0 0 0 6R Q laaui6u3};e;S aoivas m O LO o o o 00 co v to v et O laaui6u3;oafoad r M 64 o O j M N O Co to V 00 00 IT V' O N O O IQ O N N O O C aaaui6u313afoJd aoivaS T tal LO O O N N N N 00 00 V d' to co O a;eloossd r N N O O ER � ER O O O O o O O a;eioossy Joiues (4 O O O O N N V to loo O o lediouiad N t. 9 2 O 0 Q n � Q (C] G L_ E c n d E E U to Q N zn U a o d ❑ w > E m aS o c :F a) = s o 4; to to c c o to U to at 'ai� d U c o j,c U N Q c 3 ( c 0 = N to m .� to ++ ❑ Q m o (� cis o a c � .� d0 to NU to Q � U and av tY 6 d Q rn d to �O O U C (n to U U to m c c UCG c E w O co d (.n o ae In ' ❑ LL F- w a U) w L N N r M r Cl � r r N Cl) V 0 O d Y N Y tM th -1 LL > N N to N