Wallis Engineering ~ C150047 City of Tigard
CONTRACT CHANGE ORDER / 13125 S)'Hall Blvd.
� 7223
AMENDMENT #3 SUMMARY FORM 'Tigard, Oregon 9
Phone- (503) 6397223
Fax- (503) 684-7297
www.dgard-or.gov
Project Title: Engineering for 95`' and North Dakota Project Manager: Mike McCarthy
Sidewalks
Contractor: Wallis Engineering Original Contract#: C150047
Effective Dates: 5/03/16 Chane Order/Amendment Amount: $11,533
AccountingStrin :200-8000-56005-95045-130 Amendment Percentage Running Total: 38.33%
AMENDMENT DETAILS
This supplemental agreement includes additional work by Wallis Engineering to provide design engineering
services during construction, additionalright-of-way negotiation efforts from Wallis and ROWA.
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 64,340
Amendment 1 13,130
Amendment 2 (Time Only)
Amendment 3 LS 1 11533 11,533
TOTAL I I 1 89,003
REASONING FOR CHANGE ORDER/AMENDMENT
Plan changes were requested to provide an ADA accessible walk across portions of two driveways on SW 95`h
Avenue located in the right-of-way.
Plan changes were requested to connect an unburied property drain that was daylighting into an existing ditch.
The ditch was to be removed and the property drain was connected to the storm system in SW 95`h Avenue.
Additional right-of-way negotiation, coordination efforts, and mapping were required for two properties in the
project limits.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature V Signature
LLQ . 1
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
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ENGINEERING SERVICES AGREEMENT
SIDEWALK INFILL—NORTH DAKOTA STREET&95'x'AVENUE
CONTRACT#C150047
AMENDMENT#3
The Agreement, made and entered into this 8`h day of January, 2015, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose
authorized representative is Wendy Schmidt, and having a principal being a registered engineer of the
State of Oregon, hereinafter referred to as the "Engineer," is hereby amended as follows:
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement, and
for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an
hourly rate based on the "Schedule of Rates" in Exhibit B of this agreement, which
shall constitute full and complete payment for said services and all expenditures which
may be made and expenses incurred, except as otherwise expressly provided in this
Agreement. The Basic Fee shall not exceed the amount of Seventy cove., Thousa ,a
Four- Hued Seventy and No/100-Demos ($77,470.00)Eighty Nine Thousand
Three and No/100 Dollars ($89,003.00) without prior written authorization.
EXHIBIT A
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION
1.1 Project Coordination. Provide coordination and communication with City's project manager,
design team, and affected agencies and stakeholders. This task assumes three one-hour meetings
and includes monthly preparation of status reports and invoices. The original scope of services
assumed a design phase to be completed in May 2015. Due to additional effort in right-of-
way acquisition, the project development phase is assumed to continue through January
2016. Additional services are required to provide coordination through the design
development phase.
TASK 3 DESIGN ENGINEERING
3.4 Utility Coordination. The original contract assumed an allotment of 12 hours for utility
coordination with private utilities. The effort required, an additional nine hours, exceeded
the original allotment due to unresponsiveness on the part of private utility providers. An
onsite coordination meeting and field visit were attended by Wallis Engineering at the
request of the City which was not included in the original scope.
3.5 Construction Design Revisions (New Sub-Task). Following contract bidding, the City
requested that Wallis Engineering complete a plan revision to include design of the
following two items:
• Design of two driveways along SW 956 avenue to be reconstructed to ADA compliance.
An additional plan sheet was included showing driveway details.
• Design of connection from proposed catch basin to existing private drain line at 11485
SW 95`h Avenue. This drain was unburied near the roadway by the property owner
following project bidding and discovered as needing to be addressed with this project.
Wallis Engineering also completed coordination with the property owner as requested
by the City.
TASK 6 RIGHT-OF-WAY ACQUISITION
6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be
adjacent to SW North Dakota Street and be limited to a single property owner. Right-of-Way
Associates (ROWA) will assist with right-of-way requirements for the project. The original
scope of services required one acquisition of right-of-way and one temporary construction
easement; it was also assumed that this acquisition would be made via donation and no title
report would be necessary. During design development it was determined that two additional
right-of-way acquisitions and one additional temporary construction easement were required for
the 95`h Avenue sidewalk improvements.
CA 1 added the following additional services for Right of Way Associates and coordination by
Wallis Engineering:
• Three Preliminary Title Reports and Title Coordination
• One appraisal and appraisal review of a partial taking
• Two Negotiations for strip taking of right of way and a Temporary Construction Easement
The fee for the effort included with CA 1 assumed that property owners would be generally
agreeable with the project, and that there would be a minimal amount of negotiations with
them. This did not provide to be the case for two parcels, and negotiation efforts b
ROWA were required above the level of effort assumed; additional efforts by Wallis
Engineering were also needed to support negotiation efforts, including:
• Updated legal description exhibits
• Two project site visits by Wallis Engineering to mark right of way lines.
• Coordination of hedge replacement on Plavak property.
• Coordination with ROWA for right of way certification by Washington County CDBG
office.
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 WALLIs ENGINEERING
Signature Signature
NAD r4-'k Vit- L-, VV;ne, Wendy Schmidt
Printed Name Printed Name
'6— (q• 26�So 05/19/2016
Date Date
i
WALLIS ENGINEERING
EXHIBIT A2 —SCOPE OF WORK
SUPPLEMENTAL AGREEMENT NO. 2
City of Tigard
Sidewalk Infill—North Dakota Street and 95th Avenue
February 2016
WE 41388A
GENERAL SCOPE OF PROJECT
This project consists of providing design phase services for the sidewalk infill along North
Dakota Street and SW 95th Avenue, which has received funding through the Washington County
Community Development Block Grant (CDBG)program. The project will construct
approximately 420 feet of sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th
Avenue, and include new pervious sidewalk and ADA compliant curb ramps with tactile panels
to enhance pedestrian accessibility and safety.
Consultant services will include topographic surveying,permitting,preparation of contract plans,
technical specifications, estimates, and assistance with bidding.
This supplemental agreement includes additional work by Wallis Engineering for project
management, utility coordination, and design revisions, and additional right of way acquisition
services by Right of Way Associates (ROWA).
SPECIFIC SCOPE OF WORK
Task 1 Project Management and Administration (Task Supplemented)
Task 3 Design Engineering (Task Supplemented)
Task 6 Right-of-Way Acquisition (Task Supplemented)
Task 1 Project Management(Task Supplemented)
1.1 Project Coordination. The original scope of services assumed a design phase to be
completed in May 2015. Supplement No.1 extended design phase services from May
2015 to November 2015. Due to additional effort required to obtain right of way, the
project development phase continued through January 2016. Additional services were
required to provide coordination through the design development phase.
Task 3 Design Engineering (Task Supplemented)
3.4 Utility Coordination. The original contract assumed an allotment of 12 hours for utility
coordination with private utilities. The effort required exceeded this allotment due to the
extended length of the design contract due to right of way acquisition. An onsite
coordination meeting was attended by Wallis Engineering at the request of the City
which was not included in the original scope.
3.5 Construction Design Revisions(New Sub-Task). Following contract bidding, the City
requested that Wallis Engineering complete a plan revision to include design of the
following two items:
City of Tigard—Sidewalk Infill North Dakota Street and 95'x'Avenue February 2016
Exhibit A2—Scope of Work for Supplemental Agreement No.2 Page I of 2
• Design of two driveways along SW 95th Avenue to be reconstructed to be ADA
compliant. An additional plan sheet will be included showing driveway details.
• Design of connection from proposed catch basin to existing private drain line at
11485 SW 95th Ave. This drain line was buried during field topographic surveying
and design engineering, and was only recently unburied by the property owner and
discovered as needing to be addressed with this project. Wallis Engineering will also
complete coordination with the property owner as necessary.
Task 6 Right-of-Way Acquisition (Task Supplemented)
6.1 Right-of-way Acquisition. The original contract assumed that right of acquisition would
be limited to a single property owner along SW North Dakota Street and that this
acquisition would be made via donation. During the course of design development, it
was determined that two additional right of way acquisitions and one additional
temporary construction easement were required for the 95th Street sidewalk improvement.
Supplement#1 added the following additional services to the contract,with an
assumption on the level of effort that it would take for ROWA to negotiate these
acquisitions:
j • Preparation of three Preliminary Title Reports and coordination by ROWA with title
company
• One appraisal and one appraisal review of a partial taking
• Two negotiations for strip takings of right of way
The fee for the effort included with Supplement#1 assumed that property owners would be
generally agreeable with the project, and that there would be a minimal amount of
negotiations with them. This did not prove to be the case for two parcels, and negotiation
efforts by ROWA were required above the level of effort assumed. This supplemental
agreement covers that additional level of effort by ROWA as well as additional efforts by
Wallis Engineering to support negotiation efforts, including:
• Updated legal description exhibits
• Two project site visits by Wallis Engineering to mark right of way lines.
• Coordination of hedge replacement on Plavak property.
• Coordination with ROWA for ROW certification by Washington County CDBG
office.
City of Tigard—Sidewalk Infill North Dakota Street and 951x'Avenue February 2016
Exhibit A2—Scope of Workfor Supplemental Agreement No.2 Page 2 of 2
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City of Tigard
CONTRACT CHANGE ORDER / 13125 SW Hall Blvd.
Tigard, Oregon 97223
AMENDMENT #2 SUMMARY FORM phone- (503) 639-4171
Fax- (503) 684-7297
;n www. and-or. o r
Project Title: Engineering for 95th and North Dakota Project Manager: Mike McCarthy
Sidewalks
Contractor: Wallis Engineering Ori ' al Contract #: C150047
Effective Dates: 1/20/15 1 Chane Order/Amendment Amount: $
Accounting Strin :200-8000-56005-95045-130 Amendment Percentage Running Total: %
AMENDMENT DETAILS
Additional right of way acquisition and lengthy federalprocess) is necessary; Wallis Engineering needs to be
under contract through construction
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 64,340
Amendment 1 13,130
Amendment 2—change in date only
TOTAL 77,470
REASONING FOR CHANGE ORDER/AMENDMENT
During right-of-way acquisition,it was determined that two additional right-of-way acquisitions and one
additional temporary construction easement were required; construction has now been pushed to spring of
2016.
REQUESTING PROJECT MANAGER APPROVP4G CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ENGINEERING SERVICES AGREEMENT
SIDEWALK INFILL—NORTH DAKOTA STREET&95TH AVENUE
CONTRACT#C150047
AMENDMENT#2
The Agreement, made and entered into this 8" day of January, 2015, by and between the City of Tigard, a
municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose authorized
representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon,
hereinafter referred to as the "Engineer,"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 Deee e_ 29�15 Tune 30, 2016,
whichever comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
CITY OF TIGARD WAL/LIIss ENGINEERING
Signature Signature
#161,4� G Wendy Schmidt
Printed Name Printed Name
L 12/15/2015
Date Date
City of Tigard
CONTRACT CHANGE ORDER f 13125 SW Hall Blvd.
■ AMENDMENT ##1 SUMMARY FORM Tigard,Oregon 97223
Phone- (503) 639-4171
Fax- (503) 681-7297
www. gard- r. v
Project Title: Engineering for 95`'' and North Dakota Project Manager: Mike McCarthy
Sidewalks
Contractor: Wallis Engineering Original Contract#: C150047
Effective Dates: 1/20/15 1 Chane Order/Amendment Amount: $13,130
Accountin Strin :200-8000-56005-95045-130 Amendment Percentage Running Total: 20%
AMENDMENT DETAILS
This supplemental agreement includes additional work by Wallis Engineering to add a Rectangular Rapid
Flash Beacon B and the addition of required right-of-way acquisition services by Right of Way
Associates
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract 645340
Amendment 1 13,130
TOTAL 77,470
REASONING FOR CHANGE ORDER/AMENDMENT
During design of the project, the City directed that a solar powered Rectangular Rapid Flash Beacon and
crosswalk striping be added to the original scope of the project. During right-of-way acquisition,it was
determined that two additional right-of-way acquisitions and one additional temporary construction easement
were required in addition to the original scope of the project.
REQu5STING PROJECT MANAGER APPROYf9p CITY STAFF
Signature— S'gnature
Z i . ,271-- 2-6(S
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
V —
i
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ENGINEERING SERVICES AGREEMENT
SIDEWALK INFILL—NORTH DAKOTA STREET&95TH AVENUE
CONTRACT#C150047
AMENDMENT #1
The Agreement, made and entered into this 8`" day of January, 2015, by and between the City of Tigard, a
municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose authorized
representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon,
hereinafter referred to as the"Engineer,"is hereby amended as follows:
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement,and for
services required in the fulfillment of Paragraph 1,the Engineer shall be paid on an hourly
rate based on the "Schedule of Rates"in Exhibit B of this agreement,which shall constitute
full and complete payment for said services and all expenditures which may be made and
expenses incurred,except as otherwise expressly provided in this Agreement.The Basic Fee
shall not exceed the amount of Sixty Four Thousand Three Hundred Forty and No/100
Dollars .), Seventy Seven Thousand Four Hundred Seventy and No/100
Dollars ($77,470.00)without prior written authorization.
EXHIBIT A
SCOPE OF SERVICES
TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION
1.1 Project Coordination. Provide coordination and communication with City's project manager, design
team, and affected agencies and stakeholders. This task assumes three one-hour meetings and includes
monthly preparation of status reports and invoices. The original scope of services assumed a design
phase to be completed in May 2015. Due to additional effort in right-of-way acquisition, the
project development phase is assumed to continue through November 2015. Additional services
are required to provide coordination through the design development phase.
TASK 3 DESIGN ENGINEERING
3.3 Final Plans, Specifications and Opinion of Cost. Final plans, specifications and opinion of cost will
be prepared for the City. Comments from the 90% design review meeting will be incorporated into the
final design package. One electronic copy of the construction drawings and contract bid package will be
provided to the City. Engineer shall coordinate with CDBG for submittal of draft plans. The City has
directed that a solar powered Rectangular Rapid Flash Beacon (RRFB) and crosswalk striping
be added to the project. The Final Plan, Specification, and Opinion of Cost submittal will be
revised to include these additions. It is assumed that no additional survey, public involvement
or right of way will be required for this task.
TASK 6 RIGHT-OF-WAY ACQUISITION
6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be_adjacent
to SW North Dakota Street and be limited to a single property owner. Right-of-Way Associates
(ROWA) will assist with right-of-way requirements for the project. The original scope of services
required one acquisition of right-of-way and one temporary construction easement; it was also
assumed that this acquisition would be made via donation and no title report would be
necessary. During design development it was determined that two additional right-of-way
acquisitions and one additional temporary construction easement were required for the 95`h
Avenue sidewalk improvements. There is a 5-foot stretch along the west side of 95`h Ave.
included in the project footprint that was assumed to be City right of way that was determined
through title search is actually private property.
This supplemental contract adds the following additional services for Right of Way_ Associates
and coordination by Wallis Engineering_
• Three Preliminary Title Reports and Title Coordination
• One appraisal and appraisal review of a partial taking
• Two Negotiations for strip taking of right of way and a Temporary Construction Easement
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 WALLIs ENGINEERING
Signature Signature
At of Wendy Schmidt
Printed Name Printed Name
09/17/2015
Date Date
WALLIS ENGINEERING
EXHIBIT Al —SCOPE OF WORK
SUPPLEMENTAL AGREEMENT NO. 1
CITY OF TIGARD
SIDEWALK INFILL—NORTH DAKOTA STREET AND 95TH AVENUE
AUGUST 2015
WE #1378A
GENERAL SCOPE OF PROJECT
This project consists of providing design phase services for the sidewalk infill along North
Dakota Street and 95th Avenue, which has received funding through the Washington County
Community Development Block Grant(CDBG)program. The project will construct
approximately 420 feet.of sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th
Avenue, and include new pervious sidewalk and ADA compliant curb ramps with tactile panels
to enhance pedestrian accessibility and safety.
Consultant services will include topographic surveying, permitting, preparation of contract plans,
technical specifications, estimates, and assistance with bidding.
This supplemental agreement includes additional work by Wallis Engineering for additional
design service to add a Rectangular Rapid Flash Beacons (RRFB)to the project and additional
right of way acquisition services by Right of Way Associates.
SPECIFIC SCOPE OF WORK
Task 1 Project Management and Administration (task supplemented)
Task 3 Design Engineering (task supplemented)
Task 6 Right-of-Way Acquisition (task supplemented)
Task 1 Project Management (Task Supplemented)
1.1 Project Coordination. The original scope of services assumed a design phase to be
completed in May 2015. Due to additional effort in right-of-way acquisition,the project
development phase is assumed to continue through November 2015. Additional services
are required to provide coordination through the design development phase.
Task 3 Design Engineering (Task Supplemented)
3.3 Final Plans, Specifications, and Opinion of Cost
The City has directed that a solar powered Rectangular Rapid Flash Beacon (RRFB) and
crosswalk striping be added to the project. The Final Plan, Specification, and Opinion of
Cost submittal will be revised to include these additions. It is assumed that no additional
survey,public involvement or right of way will be required for this task.
City of Tigard—Sidewalk Infill North Dakota Street and 95"'Avenue May 2015
Exhibit AI—Scope of Work for Supplemental Agreement No.I Page 1 of 2
Task 6 Right-of-Way Acquisition (Task Supplemented)
6.1 Right-of-way Acquisition. The original scope of services required one acquisition of
right-of-way and one temporary construction easement; it was also assumed that this
acquisition would be made via donation and no title report would be necessary.
During design development it was determined that two additional right-of-way
acquisitions and one additional temporary construction easement were required for the
95th Avenue sidewalk improvements. There is a 5-foot stretch along the west side of 95th
Ave included in the project footprint that was assumed to be City right of way that was
determined through title search is actually private property.
This supplemental contract adds the following additional services for Right of Way
Associates and coordination by Wallis Engineering:
• Three Preliminary Title Reports and Title Coordination
• One appraisal and appraisal review of a partial taking
• Two Negotiations for strip taking of right of way and a Temporary Construction
Easement
City of Tigard—Sidewalk Infill North Dakota Street and 95`h Avenue May 2015
Exhibit AI—Scope of Work for Supplemental Agreement No.I Page 2 of 2
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CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: Engineering for 95`'and North Dakota Sidewalks_ Number: C150047
Contractor: Wallis Engineering Contract Total: 564,340
Contract Overview: Design and inspection for construction of new sidewalks along 95`s Ave north of
Greenburg Rd and North Dakota St east of Greenburg Rd
Initial Risk Level: ❑ Extreme ❑ High X Moderate ❑Low
Risk Reduction Steps: Contract has insurance requirements matching matrix
Risk Comments:
Risk Signature:
Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Engineering Sys Agr Start Date: 1/20/15 End Date: 12/31/15
Quotes/Bids/Proposal: FIRM AMouNT/ScoRE
Wallis Engineering $64.340
Account String: Fund-Division-Account Work Order—Activity Type Amount
Year 1 q to(D _ 5000-56005 95045-130 S40,000
Year �C-� -8000-56005
Year 3 95045-140 S24,340
Year 4
Year 5
Approvals - LCRB Date:
Department Comments: Engineer on the Qualified Roster. Direct appoint up to 5100,000
Department Signature:
Purchasing Comments: C-
Purchasing Signature:
City Manager Comments:
City Manager Signature�-��
After securing all required approvals,forward original copy to the Cozztractizzg and Purchasing Office along with a
completed Contract Checklist.
o.Contract Numbe
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
SIDEWALK INFILL—NORTH DAKOTA STREET&95THAVENUE
THIS AGREEMENT, made and entered into this 8d' day of January, 2015, by and between the
City of Tigard,a municipal corporation,hereinafter referred to as the "City," and Wallis Engineering,
whose authorized representative is Wendy Schmidt, and having a principal being a registered
engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2014-2015 fiscal year budget provides for engineering services for the North
Dakota Street and 95`h Avenue sidewalk infill 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;and
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WHEREAS, this Agreement for,services and the work it will carry out is being funded in whole or
in part with funding from the U.S'. Department of Housing and Urban Development through the
Washington County Office of,Community Development CDBG program;
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 A,
which is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, upon completion of the work or December 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 A of this Agreement,and
for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,
which shall constitute full and complete payment for said services and all
expenditures which may be made and expenses incurred, except as otherwise
expressly provided in this Agreement. The Basic Fee shall not exceed the amount of
Sixty Four Thousand Three Hundred Forty and No/100 Dollars ($64,340.00)
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
statemeht 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 B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes, the books of account of
the Engineer shall be subject to audit by the City. The Engineer shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as designated
by the Internal Revenue Service, or social security number, as the City deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of Engineer
or all sums which Engineer agrees to pay for such services and all moneys and sums
which Engineer collected or deducted from the wages of employees pursuant to any
law, contract or agreement for the purpose of providing or paying for such service.
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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
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Emerging Small (ESB), Minority-owned (MBE) and Women-owned (MBE)
Business Enterprises
In the event the Engineer engages the use of a subcontractor with a value of more than
$25,000,the Engineer must ensure steps are taken to assure that small, minority and women-
owned businesses and firms located in labor surplus areas are used when possible as sources
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of supplies, equipment, construction and services. Affirmative steps shall include the
following:
A. Include any such qualified firms on solicitation lists.
B. Assure that such firms are solicited whenever they are potential sources.
C. When economically feasible, divide total requirements into smaller tasks or quantities so
as to permit such firms maximum opportunities for participation through
subcontracting.
D. Where possible, establish delivery schedules which will encourage such participation.
E. Use the services and assistance of the Small Business Administration, the Office of
Minority, Women and Emerging Small Business (State of Oregon) and other sources
when appropriate.
7. 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.
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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.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
8. Indemnity
A. The City has relied upon the professional ability and training of the Engineer as a
material inducement to enter into this Agreement. Engineer represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the engineering profession
under similar conditions and circumstances as well as the requirements of applicable
federal, state and local laws, it being understood that acceptance of an Engineer's work
by the City shall not operate as a waiver or release. Acceptance of documents by City
does not relieve Engineer of any responsibility for design deficiencies, errors or
omissions.
B. Claims for other than Professional Liability. Engineer 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.
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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.
9. 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.
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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, of 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.
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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.
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 carrier(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
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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.
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 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.
10. 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.
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11. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Engineer,
or at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
3) If any license or certificate required by law or regulation to be held by Engineer, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if
there is an assignment for the benefit of creditors of Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
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.
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12. 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.
13. Method and Place of Giving Notice, Submitting Bills and Malting 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:
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CITY OF TIGARD WALLIs ENGINEERING
Atm: Mike McCarthy, Sr.Proj Engineer Attn: Wendy Schmidt
Address: 13125 SW Hall Blvd. Address: 215 W 4th Street, Suite200
Tigard, Oregon 97223 Vancouver,Washington 98660
Phone: (503) 718-2462 Phone: (360) 695-7041
Fax: (503) 624-0752 Fax: ( )
Email: mikemntipard-or.gov Email: wendy.schmidtna,walliseng.net
and when so addressed, shall be deemed given upon deposit in the United States mail,postage j
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, j
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to whom notices,bills and payments are to
be given by giving written notice pursuant to this paragraph.
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14. 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.
15. 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.
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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.
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16. Force Majeure
Neither City nor Engineer shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten days from the beginning of such delay,notify the other party in writing of the cause
of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
17. 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.
18. 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.
19. 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.
20. 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.
21. Section 3 of the Housing and Community Development Act
In hiring or soliciting businesses for goods, services or other types of work, consideration
must first be given to local residents and firms. The work to be performed under this
Agreement is on a project assisted under a program providing direct federal financial
assistance from the U.S. Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 USC 170(1)(u). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to lower income persons residing in the
project's City and County,and contracts for work in connection with the project be awarded
to eligible business concerns which are located, or owned in substantial part by persons
residing,in the project City and County.
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22. Prohibition on the Use of Federal Funds for Lobbying
The Engineer hereby certifies that:
A. No federal funds have been paid or will be paid, by or on behalf of Washington County
Office of Community Development, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract,
grant,loan,or cooperative agreement.
B. If any funds other than federal funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member
of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant,loan, or cooperative agreement,
the local government shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying,"in accordance with its instructions.
23. Compliance With Applicable Law
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
24. 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.
25. Access to Records and Retention of 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.
The CDBG recipient (City), Washington County Office of Community Development, the
U.S. Department of Housing and Urban Development, the Comptroller General of the
United States, or any of their duly authorized representatives, shall have access to any books,
documents, papers, and records of the Engineer which are directly pertinent to this
Agreement, for the purpose of making audit, examination, excerpts, and transcriptions. All
required records must be maintained by the Engineer for three years after the recipient
makes final payments and all other pending matters are closed.
26. 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
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duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
27. 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.
28. 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 WALLIs ENG NEERING
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By: Marty Wine,City Manager By:Authorized Con actor Representative
Date Date
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EXHIBIT A
SCOPE OF SERVICES
GENERAL SCOPE OF PROJECT
This project consists of providing design phase services for the sidewalk infill along North Dakota
Street and 95th Avenue, which has received funding through the Washington County Community
Development Block Grant (CDBG) program. The project will construct approximately 420 feet of
sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th Avenue, and include new
pervious sidewalk and ADA compliant curb ramps with tactile panels to enhance pedestrian
accessibility and safety.
Engineer services will include topographic surveying, permitting, preparation of contract plans,
technical specifications,estimates,and assistance with bidding.
TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION
Provide project management, coordination, and direction of the design team to complete the
project. Establish quality control management and designate responsibility of technical work
deliverables and products.
1.1 Project Coordination. Provide coordination and communication with City's project manager,
design team,and affected agencies and stakeholders. This task assumes three one-hour meetings
and includes monthly preparation of status reports and invoices.
1.2 CDBG Coordination. Engineer shall coordinate with Washington County CDBG to ensure
requirements of the federal CDBG funding are met.
1.3 Scope and Schedule. The Engineer shall prepare a Gantt chart for delivery to the City defining
the anticipated process for project delivery with the design phase assumed to be January - May
2015 with bidding to occur May June 2015.
Task 1 Assumptions:
• Design phase of the project is assumed to be January—May 2015.
• City project manager will complete all stakeholder coordination and public involvement.
Task 1 Deliverables:
• Final Scope and Schedule.
• Meeting agendas and minutes.
• Monthly Status and Pay Requests.
TASK 2 SITE EVALUATION AND DATA COLLECTION
2.1 Topographic Survey. Compass will complete a topographic survey of the project area. They
will request locates through the one call center and collect all marked utility locates,manhole and
catch basin inverts, pipe diameters if possible, commercial signs, and trees. The City will be
notified prior to calling in locates. Compass will also determine right-of-way and approximate
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property lines based on assessor maps within the survey limits. Traffic control will be provided
for limited lane closures. See Exhibit Al for Compass Scope of Work.
2.2 Prepare Base Map. Wallis Engineering will verify the survey with a field visit and prepare a
base map from the aerial photograph and topographic survey. This map will be prepared in
2013 AutoCAD Civil 3D format and will include linetypes for existing utilities, curb lines,
commercial signs, and trees.
Task 2 Assumptions:
• No temporary or permanent easements will be prepared.
• No utility potholing will be required.
• Setting monuments is not included.
• No record of survey will be filed with the Washington County Surveyor.
Task 2 Deliverables:
• Topographic survey in hardcopy and AutoCAD format.
TASK DESIGN ENGINEERING
3.1 Preliminary Alignment. Preliminary improvement plans (50%) will be prepared for City
review and comment. Engineer will meet with the City following review to discuss comments.
3.2 90% Plans, Specifications and Opinion of Cost. A 90% review submittal will be based on
the preliminary alignment and include plans, specifications, and an opinion of cost. It is
assumed that the City will provide their standard specifications for Engineer to amend with
special provisions as required. Engineer shall meet with the City following submittal to discuss
comments /revisions. City comments will be incorporated into the final submittal.
Plan and profile drawings will be prepared on 11" x 17" sheets, with 1"=20' horizontal and
1"=5'vertical scale. Plan sheets expected in the drawing set include the following:
• Cover Sheet with Vicinity Map and Sheet Index
• General Notes,Abbreviations, and Legend Sheet
• Erosion Control Plan and Details Sheet
• Improvement Plan and Profile Sheets
• City Standard Detail and Project Specific Detail Sheets
• ODOT Standard Traffic Control Plans
3.3 Final Plans, Specifications and Opinion of Cost. Final plans, specifications and opinion of
cost will be prepared for the City. Comments from the 90% design review meeting will be
incorporated into the final design package. One electronic copy of the construction drawings
and contract bid package will be provided to the City. Engineer shall coordinate with CDBG
for submittal of draft plans.
3.4 Utility Coordination. Coordinate with private utilities, including power, phone, cable and gas
companies.An allotment of 12 hours is assumed for coordination efforts with private utilities.
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Task 3 Assumptions:
• Contract documents will be based on ODOT/APWA standard specifications and bid items.
• City and CDBG will provide front end specifications to be incorporated.
• Allotment of 12 hours for coordination efforts with private utilities.
• Site Specific Traffic Control Plans not required.
• Landscape/irrigation plans not required.
• Lighting not required.
Task 3 Deliverables:
• 50%Plans,in electronic format.
• 90%Plans,Specifications,and Opinion of Cost,in electronic format.
• Final Plans,Specifications,and Opinion of Cost,in electronic format.
• Final Plans submitted to CDBG.
TASK 4 HYDROLOGIC AND STORMWATER ANALYSIS
Complete hydrologic and hydraulic analysis for the stormwater sand filter, and utilize that analysis to
design effective stormwater management facilities, addressing Clean Water Services requirements for
Low Impact Development (LIDA).
4.1 Site Evaluation. Site groundwater and soil conditions will be evaluated based on NRCS
Custom Soils Report data only. No geotechnical investigations are anticipated.
4.2 Hydrologic Modeling. A hydrologic analysis of the existing site conditions will be completed
using the rational method.
4.3 Stormwater Facility Design. Stormwater facilities will be designed in conjunction with
hydraulic and hydrologic analysis in order to determine the most effective design. Low Impact
Development techniques will be utilized to the maximum extent feasible.
4.4 Drainage Report. A Drainage Report will be prepared in accordance with the City's Public
Works and Clean Water Services Standards, summarizing the efforts listed above.
Task 4 Assumptions:
• Three coordination meetings with Clean Water Services will be held.
• No testing,monitoring, or sampling will be completed by Wallis Engineering.
• No geotechnical investigation will be completed.
Task 4 Deliverables:
• Hydrologic analysis results submitted to City.
• Drainage Report submitted to City. i
• 50% and 90% plan submittal to Clean Water Services.
I
TASK 5 PERMITTING AND APPROVALS
5.1 Clean Water Services Provider Letter. Engineer shall submit plans to Clean Water
Services and coordinate with CWS for issuance of a server provider letter.
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5.2 CDBG Approval. Final plans will be submitted to CDBG for approval prior to bidding.
Task 5 Assumptions:
• No environmental delineation or permitting will be required.
• No tree removal or City grading permit required.
• All permit applications and fees will be paid by City.
• Project Coordination with CDBG is covered in Task 1.
• A 1200-CN Permit will not be required.
Task 5 Deliverables:
• Service Provider Letter issued by Clean Water Services.
• CDBG Approval prior to bidding.
TASK RIGHT-OF-WAY ACQUISITION
6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be
adjacent to SW North Dakota Street and be limited to a single property owner. Right-of-Way
Associates (ROWA) will assist with right-of-way requirements for the project. ROWA scope of
services is attached as Exhibit A2 and includes the following:
• One appraisal of a partial taking of land
• One negotiation for a partial taking of land
• One Preliminary Title Report
• Document preparation
• Project coordination
• Mileage and expenses
Legal descriptions for the right-of-way acquisition will be prepared by Compass. Engineer shall
handle coordination with property owners for all right of entry requirements.
Task 6 Assumptions:
• No right-of-way will be required for the 95th Street project.
Task 6 Deliverables:
• Legal Description.
• All documents for Partial Taking of Land.
• All documents for one temporary construction easement.
TASK 7 BIDDING
7.1 Bidding. City of Tigard will prepare the bid package and bid the project. Engineer shall
coordinate with the City to prepare an electronic invitation to bid, attend the pre-bid conference,
provide assistance to bidder inquiries and prepare addenda as required. Engineer shall review
the bids;prepare bid tabulation and a Recommendation of Award.
Task 7 Assumptions:
• City of Tigard will prepare the bid package and bid the project.
17 1 P .ig,c
• No Construction Phase services included.
Task 7 Deliverables:
• Electronic invitation to bid.
• Bid Tabulations and Recommendation of Award.
TASK 8 CONSTRUCTION PHASE SERVICES
8.1 Submittal Review. Contractor submittals will be submitted to Engineer to review their
conformity to the Contract Documents. Engineer shall copy the City of Tigard on all submittal
review comments routed to the Contractor.
8.2 Construction Engineering Services. Construction engineering services support will include
conducting a pre-construction meeting, providing clarification of plans and specifications as
requested, attending on-site construction meetings and drafting change orders as required. A
recommendation of final acceptance will be provided. This task also includes completion of
necessary construction phase documentation required by CDBG.
8.3 Construction Inspection. The project inspector will ensure conformity to the plans and
specifications and quality control documents. Daily inspection reports will be completed. For
the purposes of this fee estimate, 160 hours of inspection time is assumed. In the event that
additional inspection time is required, the City will be notified.
8.4 As-Built Drawings. Record drawings will be prepared in accordance with City standards and
submitted in AutoCAD and PDF format.
Task 8 Assumptions:
• 40 hours of construction inspection to be provided.
Task 8 Deliverables:
• Submittal review comments
• Construction meeting notes
• Final Punch List
• Daily Inspection Reports
• Recommendation of Final Acceptance
• Record Drawings in PDF and AutoCAD format
1811'agL.
EXHIBIT B
ENGINEER'S PROPOSAL
19111agC,
Exhibit B-Fee Estimate
Sidewalk Infill-North Dakota Street&95th Avenue
WE p1388A
December 2014
Subconsultants Total
BASE CONTRACT I E2 I E3 I E4 I T1 I Ct Staff Cost Expenses I Compass I ROWA Cost
$130 $110 $90 $85 $66
Task 1 General Project Management
1.1 Project Coordination 8 $1,040 $100M $1,140
1.2 CDBG Coordination 8 $880 $880
1.3 Scope and Schedule 6 2 $1,000 $1,000
TASK SUBTOTAL 14 10 0 0 0 $2,920 $100 $0 $0 $3,020
Task 2 Site Evaluation and Data Collection
2.1 Topographic Sum2 2 $440 $7,216 $7,656
2.2 Prepare Base Map 4 1 6 4 $1,400 $2001(m) $1,600
TASK2SUBTOTAL 61 8 41 0 $1,840 $200 $7,216 $0 $9,256
Task 3 Design Engineering
3.1 Preliminary Alignment 2 4 12 6 2 $2,422 $100 P $2,522
3.2 90%Plans,Specifications and Opinion of Cost 2 8 14 20 2 $4,232 $100 P $4,332
3.3 Final Plans,Specifications and Opinion of Cost 2 2 4 6 10 $2,010 $100 P $2,110
3.4 Utility Coordination 12 $1,080 $1,080
TASK 3 SUBTOTAL 6 14 42 32 14 $9,744 $300 $0 $0 $10,044
Task 4 Hydrologic Engineering and Starmwater Analysis
4.1 Site Evaluation 4 8 $1,240 $1,240
4.2 Hydrologic Modelin 81 24 $3,200 $3,200
4.3Stomlwaler Facility,Design 4 16 $1,960 1 $1,960
4.4 Drainage Report 8 16 1 $2,480 $2,480
TASK 4SUBTOTAL 24 0 64 0 0 $8,880 $0 $0 $0 $8,880
Task 5 Permitting and Approvals
5.1 Clean Water Services Provider Letter 4 4 $800 $800
5.2 CDBG Approval 4 $440 $440
TASK S SUBTOTAL 0 8 4 0 0 $1,240 $0 $0 $0 $1,240
Task 6 Right of Way Acquisition
6*1 Right of Way Aoquisition 4 1 $440 $2,640 $9,900 $12,980
TASK SUBTOTAL 01 4 0 0 0 $440 $0 $2,640 $9,900 $12,980
Task 7 Bidding
7.1 Bidding 4 1 $440 $440
TASK 7 SUBTOTAL 0 4 0 0 0 $440 $0 $0 $0 $440
Task 8 Construction Phase Services
8.1 Submittal Review 8 $720 $720
8.2 Construction Engineering Services 4 20 $2,320 $2,320
8.3 Construction Inspection 160 $14,400 $14,400
8.4 As-Built Drawings 4 8 $1,040 $1,040
TASKS SUBTOTAL 4 0 192 8 0 $18,480 $0 $0 $0 $18,480
TOTAL 64 40 910 44 14 $ 49,984 $800 *8,888 $8,900 $84,340
FEE SUMMARY
Staff Hours Rate Fees
E2-Engineer2(PM) 54 $130 $7,020
E3-Engineer 3 40 $110 $4,400
E4-Engineer 4 310 $90 $27,900
T1-Technician 1 44 $85 $3,740
C1-Clerical 1 14 $56 $924
Total Fees from Staff $43,984
Subconsultant Fees
Compass(Surveying) $9,856
ROWA(Right of Way) $9,900
Total Fees from Subconsultants $19,756
NOTE:Fee includes 10%markup
Expenses Cost
Printing(P) $300
Mileage(M) $300
Total Fees from Expenses $600
TOTAL BUDGET *84340
P.113030A-Tigard Sidewalk Infi111100 Agreement(Contrect)1102 Base Contmct113811A Fee Estimate with Compass
Printed.'12115x2014