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Murray, Smith & Associates, Inc ~ C160034 CONTRA'HAN RD3� Ste'Iia d ■ MUN MMARY • ER- `O RM Pro'ect Title: Red Rock Waterline Im rovements Project Manager: Rob Murchison Contractor: Murra smith, Inc Ori ' al Contract#: C160034 Effective Dates: 1/26/16 to 6/30/19 Chane Order/Amendment Amount: 0.00 Accountin Strip : 532-8000-56005 Amendment Percenta e Runnin Total: % Removed SW Wall Street Improvements Project as that is completed. Extended Red Rock Waterline Improvements to June 30, 2019 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOT kL,$ �ASi�F :.�t�GE OR»1ER/ tom Work has taken lop er than expected on Red Rock Waterline. J STAP ire tate . _ Conttactor is hereby authorized by the City of Tigard to perform . 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 the 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. CITY OF TIGARD,OREGON AMENDMENT TO ENGINEERING SERVICES AGREEMENT#C160034 SW WALL STREET!MPROVEME-W PRW MiD RED ROCK WATERLINE IMPROVEMENTS AMENDMENT #5 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Murraysmith,Inc., hereinafter referred to as Contractor, entered into on the 26th day of January 2016,is hereby amended as follows: 1. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire,unless otherwise terminated or extended,upon completion of the work or June 30,2019 june 30, fig,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. CITY OF TIGARD Mi, INC Signature S' tore Printed Name Printed N e Date Date Cary of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. F AMENDMENT SUMMARY Tigard.,Oregon 97223 Phone-(503)639-4171 FIELD CHANGE ORDER FORM Fax-(503)684-7297 wvy is ard-e;r.�4oc Project Tide: SW Wall Street Improvement Project Project Nfana er:Andrew Newbury Contractor: Murray, Smith and Associates, Inc. Original Contract #: C160034 Effective Dates: 9/13/17 to 6/30/18 Chan e Order/Amendment Amount: $14,260 Accounting String: 460-8000-56005-95047-130 Amendment percentage Running Total: 4.3% AMENDMENT DETAILS Additional scope items forright-of-way acquisition and surveying services including: 1. Additionaltight-of-way acquisition support needed for additional temporary construction easement. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $235,000 Chane Order#1 $70,230 Chane Order#3 $9,316 Chane Order#4 $14,260 TOTAL $328,806 REASONING FOR CHANGE ORDER/AMENDMENT Additional scope added. BUDGET IMPACT AND REQUIRED AC'TION'S ROW acquisition for this change order is a capital expense and eligible for reimbursement via State or Oregon appropriation $1.5 in 2017. REQUESTING PROJECT MANAGER APPRO G CITY STAFF Signatute _ S ature 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 all Signature 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 — CITY OF TIGARD,OREGON AMENDMENT TO ENGINEERING SERVICES AGREEMENT#C160034 SW WALL STREET IMPROVEMENT PROJECT AND RED ROCK WATERLINE IMPROVEMENTS AMENDMENT#4 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City. and MurravSmith. Inc., hereinafter referred to as Contractor, entered into on the 26th day of January 2016,is hereby amended as follows: 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 Attachment 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 for phase one of the Ste'Wall Street Improvements project shall not exceed the amount of Two Hundred I�iftv '11aree '11ousand .Eight Hundred Siff and No/100 Dollars ($253,806.00) Defiars ($239,546.09) without prior written authorization. The Basic Fee for the Red Rock Waterline Improvements project shall not exceed Seventy-Five Thousand and No/100 Dollars (S.5,000.00) without prior written authorization. The total amount authorized under this Agreement,for Phase One of the SXX'XX'all Street Improvements project and for the Red Rock Waterline Improvements project, shall not exceed Three Hundred Twenty Eight 'I`housuid Eight hundred and Six and No 100 Dollars (S328,806.00)Thf- e T 1....a.,.a �eet..441etis,,..,a The following additional scope items are incorporated into the Agreement: 1. Additional right-of-way acquisition support needed for temporary-construction easement. IN VITNESS 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 OOFATIGARD M INC. Signature Signa e Ma.4-.p.0 1— Troy L Bowers,PE Printed Name Printed Name dCI-f- IZ, tcA- (p Date Date Amendment No. 4 to the Scope of Work Design Engineering Services for: City of Tigard—Engineering Services Design and Construction Management—SW Wall Street Improvement Project and Red Rock Creek Waterline Improvements Washington County, Oregon CONSULTANT SCOPE OF SERVICES Task 1.1 Easements&Exhibits Includes preparation of legal descriptions,title search and exhibits for a temporary construction easement for Tax Lot 400, Map 2S101CA, hereafter referred to as the Meritage Five, LLC property. Consultant will provide stakes for the proposed property locations in the field to facilitate property appraisals. Assumption(s): • City will pay for property title recording fees • Title reports obtained during previous appraisals are no longer valid and require Consultant to obtain new title reports for the Meritage Five,LLC property Deliverable(s): • Up to one temporary construction easement legal description and exhibit, with physical staking of property lines during property appraisal process • Current title report for the Meritage Five,LLC property Task 2.2 Appraisals and Reviews Consultant will perform valuation services according to State standards and Uniform Standards of Professional Appraisal Practice (USPAP) requirements. Consultant will coordinate field appraisal reviews in accordance with approved appraisal review methodology and standards under USPAP. Once the appraisal reviews are complete, Consultant will submit Determination of Just Compensation Package to City for approval. Deliverablets): • One(1) USPAP-Compliant Appraisal Report for the Meritage Five, LLC property • One(1)USPAP-Compliant Appraisal Review for the Meritage Five,LLC property Task Z 3 Negotiations and Acquisition Upon receipt of authorization to proceed with ROW acquisition, Consultant will deliver the following items to owners and occupants of affected properties: Current version of the General Information Notice ("GIN"), acquisition and relocation brochures, a copy of the applicable portion of the ROW acquisition map (marked preliminary and showing the real property rights to be purchased. Consultant will review an updated Title Report and notify City of exceptions that will need to be cleared. When the final alignment has been determined, Consultant will hire an independent certified real estate appraiser to determine the fair market value of needed real property and easements in accordance with the Federal Uniform Act, ORS and City property purchase policy and hire an independent certified appraiser to review and evaluate the appraisals. Consultant will prepare a Memorandum of Just Compensation and obtain City's agreement to just compensation as determined by the appraisal process. Consultant will create conveyance documents and obtain the City's approval before making property owner offers. Consultant will prepare and present offer packet to one (1)property owner in accordance with the Federal Uniform Act, ORS and other state regulations. Consultant will communicate project acquisition status with Project Manager by telephone or email regularly. Right-of-way agent(s) will accurately document contact with property owners in accordance with the requirements of the Federal Uniform Act, ORS in order to substantiate a good faith negotiation efforts. After good faith effort has been made to acquire ROW at the City's determination of just compensation, if settlement with the property owner(s)is NOT reached, Consultant will, with the Agency's authorization, send Final Offer letter to the property owner in accordance with the ROW Manual, provide information and clarification to the City in support of mediation and condemnation proceedings. Assumption(s): • City will provide current offer letter, deed and permit templates • A right-of-way programming estimate is not needed for this amendment • No full acquisitions are present on the project; no displacements or relocations will be required Deliverable(s): • One(1) General Information Notice C:\Users\iamie\AppData\Local\Microsoft\Windom-s\INetCache\Content.Outlook\OJHI'879E\20170830-CONT- SOW-AmndAdocxF:`DT' s • Consultant's closing document records, landowner contact log • One (1) initial Offer Package including all relevant conveyance documents and required forms for the Meritage Five, LLC property • Applicable administrative settlement justifications • One (1) acquisition file C_\Userq\jamielAnnData\Local\Microsoft\Windows\lNetCachc\Content.Outlook\OJHT874F,L0170830-CONT- .SOW-Amnd-4.docx.GAPD? PFq}eetr\16\1877 Tigaf &W W- StFeet Right of assay City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. AMENDMENT SUMMARY Tigard,Oregon 97223 rill' Phone- (503) 639-4171 ' FIELD CHANGE ORDER FORM Fax- (5U3 684-7297 W%W. rd-ot. av Project Title: SXX'Wall Street Im rovement Project Project Manager: Lloyd Purdy/Andrew Newbury Contractor: Murray, Smith and Associates, Inc. Original Contract #: C160034 Effective Dates: 5/4/17 to 6/30/17 Chane Order/Amendment Amount: $9,316.00 Accounting String: 460-8000-56005-95047-130 Amendment Percentage Running Total: 4.0% AMENDMENT DETAILS Additional scope items for right-of-way acquisition and surveying services including: 1. Additionalright-of-way acquisition support needed for City attorney coordination and comments. 2. Prepare record-of-survey. 3. Set centerline monuments. CHANGE ORDER DETAILS ]UNIT QTY UNIT$ TOTAL$ Original Contract $235,000 Chane Order #1 $70,230 Chane Order#2 $9,316 TOTAL $314,546 REASONING FOR CHANGE ORDER/AMENDMEIV'T Additional scope added. BUDGET IMPACT AND REQUIRED ACTION'S ROUX'acquisition and survey expense for this change order is a capital expense and eligible for reimbursement via State or Oregon appropriation $1.5 in 2017. ESTING PROJECT MANAGER APPROVI14G CITY STAFF N Signature Signature 7 14 i 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 Signature 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 bud t. F Date CITY OF TIGARD,OREGON AMENDMENT TO ENGINEERING SERVICES AGREEMENT#C160034 SW WALL STREET IMPROVEMENT PROJECT AND RED ROCK WATERLINE IMPROVEMENTS AMENDMENT #3 The Agreement bet%veen the City of Tigard, a municipal corporation of the State of Oregon, �1 ;-S=in=,��.1- �; r Murraysinitii, Inc., hereinafter referred to as hereinafter called City, and l Contractor, entered into on the 26th day of January 2016,is hereby amended as follows: 1. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless othem-ise terminated or extended, upon completion of the work or I; r c '` 2-G12,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 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 Attachment 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 for phase one of the SW Wall Street Improvements project shall not exceed the amount of T-wo Hundred Thirty Nine Thou-and Five Hundred Forty Six and No/100 , without prior written authorization. The Basic Fee for the Red Rock Waterline Improvements project shall not exceed Seventy Five Thousand and No/100 Dollars ($75,000.00) without prior written authorization. The total amount authorized under this Agreement, for Phase One of the SW Wall Street Improvements project and for the Red Rock Waterline Improvements project, shall not exceed Three Hundred _ Fourteen Thousand Fivc Hundred Forty Six and No/100 Do11i k _ 1 ~ i ).00 Tttrc`e-44 indfed Five 4z't'saf12L7 . T�and �'�ISQi7CCLCC� The following additional scope items are incorporated into the Agreement: ks 1. Additional right-of-way acquisition support needed to revise offer doeuvacta& afteroriginal review and offer per City attorney instructions. 2. Prepare and file pre-construction record of survey for Wall Street Improvements project. 3. Set centerline monuments along Wall St. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TIGARD MUMMYSMIT_!AND A o69G v.E Nc _hurray smith, Inc: Signature Signature Printed Name Printed Name '2x17 _ X11411-Z Date Date - e - City ofTigarc r r CONTRACT CHANGE ORDER, 13125 SWHall Blvd. ■ AMENDMENT SUMMKR Tsl;art[, Oregon a?223 Phone- 115113; 639-4171 r FIELD CI4ANGE ORDER Ff ORM Fax- f503 j 684-7297 Project Title: SW Wall Street Improvement Project Project Manager:Jeff Peck and Red Rock Waterline Improvements Contractor: MurraySmith&Associates, Inc. O ' al Contract#: C160034 Effective Dates:January 10,2017 Chane Order/Amendment Amount: Accounting String, 96046-130 Amendment Percentage Runni„ Total: .4�tiiE ME DETAILS 0-li— - Extended contract completion date to June 30,2017 CHANGE ORDER DFTAILs UNIT QTl UNIT$ ToT_AL$ REASONING FOR CHANGE ORDER/AmENDMEN"T Current contract expired on December 31,2016 and work under this contract is not completed. BunGFT IA1PACr AND REQLTTiRFD ACTIONS No budget impact. R>.QuF–q 'ING PROJECT MANS GER i APPROViN& TTI STAFF 31,rl1'dtu?e ? �W8rme -- — _ —__�/r©��� X01 Date Date — Contractor is hereby authorized by the Cit-of Tigard to perform Z:01'%ITRACT0R 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 all Sign.:ttdit 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 ro'ect's FY bud et. aie CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT SW WALL STREET IMPROVEMENT PROJECT AND RED ROCK WATERLINE IMPROVEMENTS C160034 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and Murray,Smith and Associates,Inc. hereinafter referred to as Contractor,entered into on the 26th day of January,2016,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 Deeeffiber-31,2946 June 30,201 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. CITY OF TIGARD M MITH AND ASSOCIATES,INC. r Signature Signa M A r-'`+C- (, W fhe Troy L.Bowers,P.E. Printed Name Printed Name X17r., S Date Date City of Tigard CONTRACT CHANGE ORDER 13125 SW Hall Blvd. � AMENDMENT SUMMARY Tigard,Oregon 97223 Phone- (503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503)'684-7297 www.tMd-or.p,,ov Project Title: SW Wall Street Improvement Project Project Manager: Lloyd Purdy/Andy Purdy/AndyNewbury Contractor: Murray,Smith,and Associates,Inc Oripinal Contract#: C160034 Effective Dates: 8/31/16 to 12/15/16 Chane Order/Amendment Amount: $305,230 Accounting Strin : 460-8000-56005-95047-130 Amendment Percentage Running Total: 23% AMENDMENT DETAILS Providing right-of-wap acquisition support. Includes preparation of legal descriptions,title search and exhibits for right-of-way takes and construction easements. Stakes for the proposed property locations provided in the field to facilitate right-of-way acquisitions. Consultant responsible for ordering additional preliminary title reports for the remaining properties within the project area as necessary to complete this work. Up to three (3) right-of-way acquisition,three (3) public utility easement,and three (3) temporary construction easement legal descriptions and exhibits. Consultant shall negotiate with each property owner as necessary to prepare and submit recommended settlement justifications to City for review and approval. Consultant shall review any independent appraisal secured by property owner and facilitate ongoing settlement discussions until settlement or im asse is determined. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract 235,000 Amendment 1 70,230 Total 305,230 REASONING FOR CHANGE ORDER/AMENDMENT Additional work needed to prepare for Hunziker Infrastructure Project after completion of 30%design. BUDGET IMPACT AND REQUIRED ACTIONS ROW expense and acquisition expense is a capital expense and eligible for reimbursement via State of Oregon appropriation $1.5 in 2017. ',4LY(QN'ESTIVG PROJECT MANAGER APPR VING CITY STAFF Signature ' Signature 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 Date . of Amendments cannot exceed the project's FY budget. , CITY ofTIGARD,OREGONT AMENDMENT TG ENcwNEERiNIG SERVICES AGKEEM'ENI rr#C169034, 0W W,LL S'"REET IMPRO MIMENT PROJECT AND RET1 ROCIc 7J!L 'EIuiVE IIy'PTIOVEINI NITS Ab4E1',Q3 i 1 NTT The Agreement between the City of Tigard, a municipal corporation of the StatA of Oregon, hereinafter called City, and Murray,Smith, and Associates, Inc., hereinafter referred to as Engineer, entered into on the 26'day of January,2016,is hereby amended as follows: 3. E j.).es°s eFee: — ------ A. Fasic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement,and for sen?ces required in the fulfillment of Paragraph 1,the Engineer shall be paid on an hourly rate based upon the"Schedule of Rates"in Attachment 1 of this Agreement,which sham. constit-ate full and complete payment for said services and all expenditures which rray be made and expenses incurred,except as otherwise expressly provided in this Agreement. The Basic Fee for pb,.,se orie of the SW Wall Street Improvements project shat not exceed 1the 7amount.of Two Hundrer3'?�.x6ri�T'�hcu�arrd 7'wo TrTa?ndtgA—Zh.ia and No/106 {�64: Nt i�, without prior written authorization. .The Easic Fee for the Red Rock Waterline improvements protect shall not exceed Seventy Five Thousand and No/100 Dollars (I+75,C00.00)without prior written authorization. i= �-tile �{rc�:���r�d�-�-t�=.• itl�re�;��opcex--���t��,;;�?-c.��#�--�?-s� � =s1�rr.� The total amount authorized under this Agreement, for Pliasc. One of the SW Wall Sti-ee; improvements project; and for the Red Rock Waterl-inc Improvements p-rrojectshall not exceed Three-1�"..Iatd-red'P S'f. :Thomand Two Hundred. Thirty and. No/100 Dollal.5 71he f0llouning Is incorporated into tbeAS eemes;.t Putpose of Ppo� eft This project will vHden SW 'Fall Street along its current rordi-south alignment for an additional tuning lame, bike lanes and sideway along Tax. Lots 2S101CA00100 and 2S101CA00800. At the southern end of the road, the alignment will be e to ided to tL-e east. This section of roadway extension will provide two travel lanes,two bike Lanes and side;calk along Tax Lot 2S101000110C. Addiizonid Task�pe The scope of work(SOW)for this task order includes the Engineer providing right-of-way acquisition support. { L^o ScIpyle v.11 3Ces and a esil tL)s1bJ :'y„'Fi Tail=_1-Easements&Eihits Includes preparation of legai descriptions, title search and exhibits for right-of-way takes and construction easements as required. For budgeting purposes,it is assumed that legal descriptions and exhibits wit be prepared as shown in the Attached Table 1. Stakes for the proposed property locations will be provided in the field to f.cilitate tight-of-way acquisitions. 2016 ESA -SW%,.zd1 Street Improvements Title reports have previously been obtained for Summit,Vial and Fields Trust properties. Engineer shall be responsible for ordering additional preliminary title reports for the remaining properties withi:-I the project area as rccessary to complete this Work. Title reports may be required to vel'y ownership history including existing easements. Title reports may also be required to develop the legal descriptions for potential acquisition needs. E1smmptior(s): • City will pay for property title recording fees. Snaking for proposed property locations will be provider in mro site visits. The easterly right-of-vjay dedication on the Fields Trust property developed by Trams:ei Crow does not require development to legal exhibit standards. An exhibit will be pteparerI sufficient for internal City record keeping purposes. ekverable(r).- • Up to three(3)right-of.--ws.y acquisition,three(3)public utility easement,and three(3)temporary construction easement legal descriptions and exhibits,with visual staking of right-of-way daring property acquisition process. • One (1)right.-of-way dedication exhibit for the T ranimel Crow parcel. Title reports as needed. Task_ 2—Righht-of i r( R/W activities shall conform to the standards contained in the Uniform Act of 1911 0 and amendments, the laws of the State of Oregon and the policies and procedures of the City. Please 1 design services will inclu;ie right-of-way support as outlined below. Where right-of-wny sen-ices. vary per parcel, applicable task oct?.vities are summ,rized in the attached Table 2. Tart 2.1 -R:ghf-of-W1q),Docur.=aent SV port Enower shall prepare a project planning worksheet designed to consider project elements and a work plan to understand. the City's right-of-Way policies. Engineer shall prepare initial project planning documents to include policy and budget analysis. Regular coordination and status updates will be provided to the City on findings, and ongoing general consultation and project coordination with social service agencies and governments 1 entities will be provided as needed. Engineer shall confer with City as needed;on general status,problem areas and individual negotiations progress. A.rrumptzort(r): * Resolution of Necessity will be reviewed and approved by Citi- of Tigard legal staff prior to submittal to City Counsel cr other approval entities. e Engineer shall participatt in up to three (3) Project Development Tearn Meetings to report on acquisition progress. Deliv,rrable(s): • Draft Resolution of Necessity for parcels shown in Table 2(for approval by City Council)within ten(10)business days of issuance of no ice to ptocee, 2016 ESA•-SW XVail Street Improvements 2 , Task 22-Appraisals and Retiems Engineer shat perfcrm valuation services according to State standards and USPAP requirements. Engineer shall coordinate field Appraisal Reviews in accordance with approved appraisal review methodology and standards under USPAP. Once the appraisal reviews are complete,Engineer shall submit Determination of)ust Compensation Package to City for approval. _-assumption(;): * Trimet parcel will not require appraisal or appraisal review services. Delius;able(s): 8 Five(5)USPAP-Compliant Appraisal Reports for parcels shown in Table 2. o Five(5)USPAP-Compliant Appraisal Reviews for parcels shown in Table 2. Task 2.3-Negotiafions and Acguirifton Pnpain on Engineer shall establish and maintain:a complete and current record file of all ownerships in a form acceptable to the City. Engineer shn i receive and analyze title information ir. sufficient detail to negotiate with property owners and other parties,prepare all offer letters, and summary statements on City-provided forms in accordance with state or federal regulations. Engincer shall present written purchase offers to owners or their representatives in person,when possible. Receipt of delivery will be secured of offer as practical and present and secure tenant information statements. Engineer shkJl negotiate with each property owner as necessary to prepare and submit recommended settlement justifications to City for review and approval. Engineer shat review any independent appraisal secured by property owner and facilitate:ongoing settlement discussions until settlement or impasse is determined. Engineer shall prepare and assembi€acquisition contracts,deeds,and related acquisition documents, per City-provided templates,required for the acquisition of necessaq property interests.A diary report will]be maintained of all contacts made with property owners or representatives and a summary cf the status of negotiations indicating attitude of owners,problem amens, and other pertinent information. Copies of all applicable written correspondence will be maintained in files. Engineer shall prepare justification memorandum to,escalate negotiations to City management where property owner negotiations are not amenable. Executed acquisition documents will be transmitted to each owner and the City,with each transmittal package to include a fully executed and piroperly notarized deed(s), fully executed acquisition contract with attachments, and a brief settlement memorandum which summarizes the pertinent data relative to the transaction. Assayllplion(s): City will provide current offer letter,deed and permit templates. No full acquisitions are present on the project;no displacements or relocations will be required. Deliuerable(3): * )jive(5)initial Offer Packages resulting from confirmation o`condemnation including all relevant conveyance documents and required forms,for parcels shown in Table 2. 2016 ESA•-SW Wall Street Improvements 3 Task 2.4-Settlement and Eminent Domain Support Engineer shall provide the City with settlement justification and request for funds to facilitate owner payment. Engineer shall provide fully executed acquisition contract and notarized deed upon settlement. Engineer shall coordinate City-provided payments via escrcw. Engineer shall coordinate and facilitate recordation of conveyance deeds or other required conveyance documents,and prepare condemnation-ready parcel file in the event of eminent domain action. A-SU nptiora 4 • Closings requiring title clearance activities will be completed via an escrow company. • Ah recording fees/escrow company services fees are to be borne directly by the City. • Condemnation saappert is inclusive of parcel files as shown in Ts.ble 2. Parcels requ+ring support in excess of those identified in this table will require an amendment to this SOiX'. Deliverable(s). b Parcel close-out files. Q 4 R c.s V,2tsibiHties Tlie City will be responsible for the following general items: • i mvi ie a Project _Manager/Enginee responsible for the overall project rzan.ageruent and coordination between_the Engineer and the City, nd with any of ffie City's other service providers. • Rc,,iew and process Engineer's monthly pay=ment requests. • 'I'ne City sbnh' obtain signatures/approvals from all appropriate pat ies including applicants, landowners,and local pbmiing office;als. 1NT Wn"IRS',Wl-1ER.t3O , City has caused tliis Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signavare and date: listed below. Cl2"Y(3k T7Glrffl; A=:-'Iteq ° . ANDASSOCIAfEs,INc. n:: —--- Sign Signature -a--_=.----- ----�t,.�-- Printed Name e Date Date 2016 ESA- SW Wall Street Improvemea►ts 4 TABLE Table I—Easements&Exhibift TVkh Property D^�mp;do+l _i _� ._-- Irewxzty t.uusiraacklon Now 4, o l.eoaa i Dediwoon € 1✓as� swaa � se etat Summit Propeftics Inc. T.L.4500 Man 25101DC) SumniiVKuro Mertage Five LLC ,U.400(IVIS 2S101CA) Charter Wall Strcct hdLstrial LLC � � T.L.200(Man 2SJOIDC) � � Via, Fields Trust T.a 1=00,800,F°.I 100(jMRP I Trarnmel Crow l 28101Cti) ,� Melds Trust —_ T.L 1600 ,Liap 2S10ICA) _ I 1Iiilside Trimet Westside Express Service — _ -- TL.1500(Map 2SiOi) } � 12silroa i �. 1 2016 ESA--SW Wall St'ezt Improven=its 5 TABLE 2 Table 2—Rig"ht-of-Wity Task Summary 7 TaAM ThA 1,aek Task retitrc Int 2A 2.2 DOWWN k Potential Surn-nit Properties Inc.. T.L.4.500(Map 2SIOIDC) i+,eritap.Five LLC T.L.400(Map 2SIOICA) Charter Wall qM,-,t Industrial LLC T.L.200(Mialp 2S!OIDC) 'Vial fieldsTrast T.L 00,800,&I 100(Map Tr.wane l Crow 2SIqlCA) FieldsTrust LL isido—7 1 .5 2016 ESA•-SW WaU Street Improvements 6 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERYCONTRACT � Contract Title: Wall St. Phase 1 and Red Rock Waterline Number lV��]l('7N� Contractor: Murrav Smith&.. ssociates. Inc. Contract Total: $225,000 contract Oveiview Murray Smith&,associates Inc.is being hired to perform 300 o design services for Wall St. and hired to perform design& construction adnunistration phases for the Red Rock water line. Initial Risk Level: ❑Extieme. ❑High as'Moderate ❑ Low Risk Reduction Steps: Evaluated Risk AlatrLs: and dtscusse.d insurance requ cements with Jennifer Curran in the_Risk Depaitment. Risk Comments. a= - Risk Signaturc;Contract Manager:Manager: Andrew Newbur3•/Jeff Peck Ext: 2472/2466, Department: PW/Engineering T'Vpe: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IG..-� Z Other: Engineering Services Ngreenient Start Date February 3.2016 End Date. December 31,2016 Quotes/Bids/Proposal FIRM AMOUNT/ ORF Murrn Smith&Associates Niall St.— 300 o dcsigW $150,000 Murray Smith&Associates (Rcd Rock Waterline) $75,000 JUS ..Account String: {s��� Fund-Division-Account Work Order—ActiviZ,Type Amount FY 46 — 460-8000-56005 95047-130 $150,100 FY+ 0 532-8000-56005 96046-130 $7,500 Approvals - LCRB Date: Department Comments: Department Signature. Purchasing Comments: Purclix,ing Signature: City Manager Comments-4/' Cite Manager Signature: After securing all required approvals, forward onginal copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# o ATTACHMENT C CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT SW WALL STREET IMPROVEMENT PROJECT AND RED ROCK WATERLINE IMPROVEMENTS THIS AGREEMENT, made and entered into this 266' day of January, 2016, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murray, Smith and Associates, Inc.,whose authorized representative is Gabe Crop,and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2015-2016 fiscal year budget provides for engineering services for the SW Wall Street Improvements and Red Rock Waterline Improvements projects;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 v-ith 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, 2016, whichever comes first. Allwork 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 Attachment 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 for phase one of the SW Wall Street Improvements project shall not exceed the amount of One Hundred and Sixty Thousand and No/100 Dollars ($160,000.00) without prior written authorization. The Basic Fee for the Red Rock Waterline Improvements project shall not exceed Seventy Five Thousand and No/100 Dollars ($75,000.00) without prior written authorization. Phases Two and Three of the S)X'Wall Street Improvement project shall be negotiated in detail at a later date shall the City receive funds to complete the project. The estimated cost of Phases Two and Three is $440,000 and $250,000 respectively. The total amount authorized under this Agreement, for Phase One of the SW Wall Street City of Tigard 13125 SW Hall Blvd.,Tigard, OR 97223 1 (503) 639-41711 u-ww.tigard-or.gov Improvements project and for the Red Rock Waterline Improvements project, shall not exceed Two Hundred Thirty Five Thousand and No/100 Dollars ($235,000.00). 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be proNided 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. Billings shall also be clearly labeled and detailed as to which work project (SW Wall or Red Rock Waterline) are being charge. 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 Rec enue 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 QBS—SW Wall Street Improvements 2 1 P a g e Close—Wednesday,November 4,2015—2:00 PM which Engineer collected or deducted from the wages of employees pursuant to any law,contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails,neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes,design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither part, 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 appro-al by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for 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. QBS—SW Wall Street Improvements 3 1 P a g e Close Wednesday,November 4,2015 2:00 PM 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. 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. 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 QBS—SW Wall Street Improvements 41 P:a g e Close—Wednesday,November 4,2015—2:00 PM claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub-consultants, agents or employees in performance of this contract at both trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub- consultants, agents or employees in performance of professional services under this agreement. Any work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly,in whole or in part, from the quality of the professional services provided by Engineer,regardless of the type of claim made against the City in performance of this contract. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer in performance of this contract. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 20101185 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 QBS—SW Wall Street Improvements 51P ge Close—Wednesday,November 4,2015—2:00 PM B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per claim shall not be less than $2,000,000, or the equivalent. Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain,at Engineer's expense,and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract, the Contractor shall obtain,at Contractor's expense,and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Sine 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 v<ithout 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 vi ll 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)v ith an unacceptable financial rating. QBS—SV[ Wall Street Improvements 61P e Close—Wednesday,November 4,2015 --2:00 PM H. Self-Insurance The Citi- 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. 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 S)X'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. QBS—SW Wall Street Improvements 7 e Close—Wednesday,November 4,2015—2:00 PM 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. 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 QBS—SW Wall Street Improvements 81P Sc Close—Wednesday,November 4,2015—2:00 PM 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. 12. Method and Place of Giving Notice, Submitting Bills and Maldng Payments All notices,bills and payments shall be made in writing and may be given by personal delivery,mail,or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD MURRAY SMITH AND ASSOCIATE S,INC Attn:Andrew Newbury Attn: Gabe Crop Address: 13125 SW Hall Blvd. Address: 121 SW Salmon Ste 900 Tigard,Oregon 97223 Portland OR 97204 Phone: (503) 718-2472 Phone: (503)225-9010 Email: andrewn@tigmd-or.gov Email: gabe.croj2@msa-W.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. QBS—SW Wall Street Improvements 91P:K e Close—Wednesday,November 4,2015—2:00 PM 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 restriction, area-vide strike, freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes)Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With 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. 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. QBS—SW Wall Street Improvements 10 1 Pa g Close—Wednesday,November 4,2015—2:00 I'M 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. Representations and Warranties Engineer represents and warrants to the City that: A. Engineer has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Engineer, enforceable in accordance with its terms. C. Engineer (to the best of Engineer's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Engineer, to Engineer's property, operations, receipts, or income, or to Engineer's performance of or compensation for any work performed by Engineer; 3) Any tax provisions imposed by a political subdivision of this state that applied to Engineer, or to goods,services, or property,whether tangible or intangible,provided by Engineer;and 4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Engineer's services rendered in the performance of Engineer's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment, and shall be free and clear of any and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind. 26. Compliance with Tax Laws A. Engineer must,throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. B. Any violation of subsection.� of this section shall constitute a material breach of this Agreement. Further, any violation of Engineer's warranty, in subsection 25.0 of this Agreement, that the Engineer has complied with the tax laws of the State of Oregon and the applicable tax laws of any QBS—SW Wall Street Improvements 11 n e Close—Wednesday,November 4,2015—2:00 PM political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement,and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Engineer,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Engineer's breach of this Agreement, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Engineer. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly,collectively,successively,or in any order whatsoever. 27. 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. Contract was awarded by Tigard's Local Contract Review Board at their meeting on January 12,2016. CITY OF TIGARD HAND ASSOCIATES By:Marty Wine,City Manager By:AContractor Representative M � • �•Zo� � X Date Date QBS—SW Wall Street Improvements 121P a g e Close—Wednesday,November 4,2015—2:00 PM EXHIBIT A SCOPE OF SERVICES The Engineer shall render professional engineering services as described below: SW WALL STREET IMPROVEMENTS PROJECT -PHASE 1 Task 1 Project Management Contractor will provide overall management, direction and coordination for the project including the following subtasks. Task 1.1 Overall Project Management Consultant shall review project files, supplied technical data, City design standards, and policy and procedure manuals. Consultant shall coordinate with subconsultants, assign and manage the appropriate level of staff expertise for the project at each phase of design, coordinate design reviews and the implementation of design review comments and perform other project coordination as required. For each submittal,all review comments provided by the City and other involved parties will be compiled,along with a proposed response to each comment received. Task 1.2 Project Meetings Schedule, prepare for, and conduct a project kick-off meeting to review the purpose and scope of the project. This meeting will be an internal project team meeting with City staff. Consultant shall schedule and lead up to one (1) project meetings at the City and prepare meeting agendas and minutes. It is assumed up to three design team members will be present at each meeting. Following the kick-off meeting, the Consultant shall participate in weekly check-in conference calls with the City. It is assumed each weekly meeting will be approximately 30 minutes and attended by the Consultant's project manager. Deliverables • Meeting agendas typically two (2) business days in advance of meetings and minutes typically five (5) business days after meetings. Task 1.3 Scheduling and Invoicing Consultant shall prepare a project design schedule detailing the design and construction phases. Consultant shall monitor project scope, schedule and budget on a monthly basis. Invoices will be submitted on a monthly basis to the City's project manager. Each invoice shall be accompanied by a progress report with issues potentially affecting scope, schedule or budget being identified. Deliverables • Within 14 calendar days after receipt of Notice to Proceed (NTP) (NTP Target Date —February 9, 2016),Consultant shall submit to City for review and approval the Project Design Schedule. • Invoices and progress reports submitted on a monthly basis. Task 2-Topographic Surveying and Boundary Survey The limits of surveying for this scope of services shall include the current and projected alignment of SW Wall Street (at least 25 feet beyond the existing right-of-way) including 250 feet along SW Hunziker Street and SW Tech Center Drive. Potentially environmentally sensitive areas along the storm outfall route at SW Tech Center Drive is also included (see Fagure 1 below). The Horizontal Datum for the project will be NAD83 Oregon North Zone and the Vertical Datum(NGVD29)will be transferred to the site from City of Tigard benchmarks. Phase 1 serxices will include pre-construction and topographic surveying. Future Phase QBS—SW Wall Street Improvements 13 1'a ;e Close—Wednesday,November 4,2015—2:00 PM 2 and 3 services are anticipated to include descriptions and exhibits to support right-of-way acquisitions and post-construction survey. The specific surveying services to be performed are as follows: Figure 1 —Approximate Topographic Survey Limits&Area of Potential Im act(APT) z Task 2.1 Pre-Construction Survey Includes establishing survey control and field locating existing property/right-of-way monuments within the limits of survey, reviewing existing right-of-way records (i.e. surveys, plats, deeds and right-of-maps), determining right-of-way location from the above information and then preparing and filing a Record-of- Survey with the Washington County Surveyor's Office,prior to Construction. Deliverables • Record-of-Survey Task 2.2 Topographic Survey Topographic survey work shall include field survey of all existing above ground features (i.e. edge of pavement, curbs, sidewalks, buildings, trees, utilities, wetland flags, etc.) as well as elevations with one foot contour intervals. The below ground utilities will be located from one-call locate paint marks and existing as- QBS—SVG'a-all Street Improvements 14 P a x y Close—Wednesday,November 4,2015—2:00 PM built maps. The Consultant shall be responsible for notifying all affected property owners of field work conducted on private property. Assumptions • The Consultant shall assume that the existing stormwater outfall at SW Tech Center Drive can be maintained for this project. Should modifications become necessary for this outfall, an amendment to the SOW would be required for additional survey. • The City will provide payment for any railroad employed flaggers necessary to conduct data collection on railroad property. • Title reports will be provided as part of the right-of-wap services task. • Utility locates will be marked by One-Call locates within the existing street rights-of-way and private locates will not be performed over the privately owned areas. Deliverables • Existing conditions basemap (AutoCAD format) Task 3—Stakeholder Involvement (Deferred Task Task 4—Environmental Coordination&Permitting Consultant shall conduct research, field studies, and analysis to document the environmental consequences of the Project. Work will be documented in a series of technical reports and memoranda intended to support development of the project designs and document potential regulatory requirements. Phase 1 work will include investigations and reporting necessary to support permitting needs to be completed in Phase 2. Phase 2 work is anticipated to include additional stormwater analysis (such as potential mounding analysis), cultural resource analysis, endangered species act compliance, joint permit application, and GNUS service provider letter. Other environmental work could include archaeological and historical survey and reporting depending on the results of the cultural resource assessment and a level 1 hazardous materials site assessment. Assumptions • The City shall pay for all application and report submittal fees. • If compensatory wetland mitigation is addressed by use of a mitigation bank, the City shall be responsible for the mitigation bank payment. Task 4.1 Wetland Delineation and NRA Fieldwork Consultant will conduct a wetland delineation and natural resource assessment (NRA) field work using the required criteria and methodologies of the Corps of Engineers Wetland Delineation Manual Technical Report Y- 87-1 (Environmental Laboratory, 1987) and the Western Mountains, Valleys and Coast Region regional supplement to the 1987 Manual. These manuals provide the guidelines and methodology for defining the limits of wetlands and waterways.The boundaries of all creeks and wetlands will be flagged. Consultant will conduct the NRA fieldwork per Clean Water Services (CWS) criteria and methodologies for water quality sensitive areas and associated vegetated corridors within 200 feet of the project limits. Consultant will examine the project area's existing plant communities and adjacent slopes. These two components will ultimately determine the vegetated corridor's boundary requirements. Assumptions • Project API, design elements, construction staging areas, or other areas of potential impact will not change after completion of the wetland delineation fieldwork. QBS SW Wall Street Improvements 15111 :a Close—Wednesday,November 4,2015—2:00 Pits • No field work will be conducted within the railroad right-of-wap • No hydrologic or groundwater monitoring is included in this task.The ordinary high water mark of any waters within the API will be determined based on field indicators. Deliverables • Delineation field data sheets. Task 4.2 Wetland Delineation Reporting Following the completion of the fieldwork, Consultant will prepare a wetland delineation report suitable for submittal to the Corps and DSL.The report will include information on the soils,hydrology,and vegetation of the project site. Graphics will depict the topography of the project site, soils mapped by the Soil Conservation Service, National Wetlands Inventory information, and the location of the wetland boundary delineated. The appendix will include data sheets documenting our findings in the field. Following the City's review,we-will submit the report to DSL for their review and concurrence. Assumptions • The Consultant shall assume that the existing stormwater outfall at SW Tech Center Drive can be maintained for this project. Should modifications become necessary for this outfall, an amendment to the SONX'would be required. • Consultant will act as authorized agent on behalf of City for submitting the wetland delineation report to the Corps and DSL for review and concurrence. • City shall provide review comments on draft wetland delineation report to Consultant within ten (10) business days. • City will pay the DSL application fee,currently$406. Deliverables • Draft and Final Wetland Delineation Report. • DSL Wetland Delineation/Determination Report Cover Form for City signature. • Consultant shall submit final wetland report to DSL (one (1) hard copy) and to Corps (one (1) hard copy). Task 4.3 Coordinate with Regulatory Agencies, Attend Meetings and Respond to Agency Comments To facilitate the issuance of the State and Federal permits, it will be necessary to coordinate and meet with state and federal agencies and local interested parties, as well as the project team. For the Phase 1, 30% design stage, this is assumed to include informal consultation and one (1) field meeting. Future Phase 2 services would include ongoing consultation during the permit review period and responding to comments. Deliverables • None. Task 4.4 Stormwater Analysis and Repordn Consultant shall prepare a Stormwater Management Report providing stormwater management strategies and engineering recommendations in support of obtaining the necessary permits and clearances. Stormwater reporting is required to submit the Corps JPA. Work at this level will be equivalent to approximately 309% design. A preliminary drainage design will be developed, sufficient to determine general drainage patterns, changes to the drainage basin and identify additional right-of-way required for storm conveyance systems and water quality/quantity facilities. QBS—SW Wall Street Improvements 16 .r v Close—Wednesday,November 4,2015—2:00 PM Consultant shall: • Use the City's Public Works Standards as a basis for the analysis. • Identify preliminary stormwater conveyance size and general location. Profiles, catch basin spacing analysis and manhole locations will not be included. • Identify approximate locations of the stormwater outfalls and their relocation to any sensitive areas (wetlands,historic and/or archaeological sites etc.) • Describe the existing contributing impervious area and proposed contributing impervious area. • Conduct a downstream analysis for stormvc ater conveyances in accordance with CWS requirements. • E7aluate and recommend stormwater management needs for the Project including approximate size and location of stormwater quality Low Impact Development Approaches (LIDA). Deliverables • Basin maps and preliminary stormwater sizing calculations as requested. Task 5—Geotechnical For Phase 1 design services, Consultant shall perform geotechnical investigations and reporting to support the 30% design. Future Phase 2 services may include retaining wall design and potential additional investigations and design services. Task 5.1 Site Reconnaissance,Data Collection and Rel2orting Consultant will collect information from soil explorations, laboratory testing, and analysis to develop a report with conclusions and recommendations regarding: retaining wall design, geology and seismicity, subsurface conditions,groundwater, anticipated dewatering requirements, excavating conditions, and trench backfill requirements. Specific services include: • Coordinate and manage the field investigation, utility locates, and scheduling of subcontractors and field staff. • Complete the following subsurface explorations at the site: o Access for the drilling and test pits will be accomplished using a small trackhoe pulling a trailer-mounted drill rig. o Complete one day of explorations. It is assumed that at least three borings (minimum 15 feet deep) and four test pits (maximum of 10 feet) can be completed. o Install a piezometer in one of the borings. o Complete infiltration shallow (less than 5 feet) infiltration tests at-up to six locations using falling head procedures. o Complete DCP testing in up to two of the explorations. • Obtain soil samples for laboratory testing and maintain a detailed log of soil and groundwater conditions encountered in each exploration. • Perform a laboratory testing program. The specific laboratory tests will be selected based on subsurface conditions;however,the following tests are anticipated on selected soil samples: o Up to 15 moisture content determinations. o Up to three Atterberg limits tests. o Up to four gradation tests. • Provide recommendations for site preparation, grading and drainage, compaction criteria for both on-site and imported material, fill type for imported material, procedures for use of on-site soil, cement amendment,and wet weather earthwork procedures. • Evaluate groundwater conditions at the site and provide general recommendations for dewatering during construction and subsurface drainage if required. Recommendations will include soil/design parameters that the construction Contractor can use for trench safety design. QBS—SW Wall Street Improvements 171P > L Close—Wednesday,November 4,2015—2:00 PM • Provide recommendations for the use of on-site native and fill material for support pavements. • Provide recommendations for use in the design of conventional retaining walls, including backfill and drainage requirements and lateral earth pressures. • Provide recommendations for asphalt concrete (AC) pavement design sections and pavement subgrade preparation based on traffic estimates derived under the traffic analysis task. Assumptions • The Consultant shall submit a traffic control plan to the City for review- and approval prior to conducting field work. The City shall coordinate and pay for any permit fees associated with the field work. Deliverables • Traffic Control Plan. • Draft and Final report documenting geotechnical explorations, findings, conclusions, and recommendations. Task 6—Utility Coordination For Phase 1 design services, Consultant shall perform preliminary utility notifications and mapping review related to all private and public utilities that may be present within the project limits. Consultant shall identify utilities within the project limits and initiate coordination. Future Phase 2 work is anticipated to include utility conflict analysis, coordination and review of relocation designs,undergrounding coordination, utility meetings and potholes as needed. Task 6.1 Utility Notifications and Manning Review Consultant shall identify utilities within the project limits and issue notifications. Consultant shall: • Develop a utility contact information list and mail project information letters to all utility companies involved to explain nature of the work. • Maintain a record of correspondence with utility companies. • Obtain City and utility-provided as-built and system mapping information. • Compare utility provided information with project base-mapping and field verify the location of utility facilities. Assumptions • Consultant will lead the utility notification process and be the main point of contact for the project on behalf of the City. • All utilities are assumed to be non-reimbursable under City permit. • One iteration to compare utility mapping with surveyed mapping will be completed. Additional review and coordination efforts may be completed after 30% as added services. Deliverables • Utility contact list and correspondence records. • fitility as-built and system mapping information. Task 7—Right-of-Way R/W activities shall conform to the standards contained in the Uniform Act of 1970 and amendments, the laws of the State of Oregon and the policies and procedures of the City. Phase 1 design services will be QBS SW Wall Street Improvements 181 e Close—Wednesday,November 4,2015—2:00 PM limited to design support and title report tasks. Future phases may include property owner meetings, appraisals and review,acquisition,closings,condemnation and record keeping. Task 7.1 Right-of-Way Design Support Consultant shall research real estate market and develop a range of land values for the types of properties impacted by the project. Values shall be incorporated into the 30%cost estimate. Task 7.2 Title Reports Consultant shall be responsible for ordering preliminary title reports for each of the properties within the project area. Reports rill be used as part of the surveying task to verify ownership history including existing easements. Preliminary title reports may also be needed for development of the legal descriptions for potential acquisition needs in Phase 2. Task 8—Traffic Phase 1 services will include traffic analysis sufficient to support future design efforts. Potential additional traffic services for Phase 2 could include traffic signal design depending on the warrant analysis results. Task 8.1 Traffic Analysis Consultant shall conduct AM and PM peal'traffic analysis to verify the appropriate lane configurations and traffic control at the following two intersections: • SW Wall Street/SW Hunziker Road. • SVG'Tech Center Drive/SAX'72nd Avenue. The following traffic data will be collected for use in the traffic analysis: • 16-hour turn movement counts at the SW Tech Center Drive/SW 72"d Avenue intersection and the SVG'VG'all Street/Hunziker Road intersection. • 24-hour speed/vehicle classification count along SV'72nd Avenue and SW Hunziker Road. Since the new proposed Wall Street connection does not appear to be included in the City's Transportation System Plan (TSP) or the Fields Trust developer's traffic study, future traffic volumes will be developed from Metro's current travel demand model. Volumes will include estimated vehicle trips from the adjacent undeveloped Fields Trust property as well as other proposed development in the area. Based on these future traffic volume estimates, intersection capacity analysis and a signal warrant evaluation will be conducted at both SW Wall Street/SW Hunziker Road and SW Tech Center Drive/SW 72nd Avenue intersections to determine turn lane needs and if/when a traffic signal would be warranted at either of these locations. The consultant team will coordinate with the Fields Trust developer's traffic consultant to review the information presented in their traffic study and determine what information (e.g. traffic data) can be used from their completed traffic study. Assumptions • Intersection capacity analysis will be completed using Highway Capacity Manual methodology. • Signal warrant evaluation will be completed using MUTCD methodology. Deliverables • Traffic data (tum movement counts and speed data). • Draft technical memorandum summarizing the result of the traffic analysis. • Final technical memorandum summarizing the result of the traffic analysis. QBS—SW Wall Street Improvements 191 P I c Close—Wednesday,November 4,2015—2:00 PM Task 9—PS&E Delivery Phase 1 services will include design through the 30% milestone only. Phase 2 services are anticipated to include 60%,90% and Final Design services. Task 9.1 30%Design Consultant shall develop 30% plans with sufficient detail to identify impacts, right-of-way needs and estimate construction quantities. Horizontal and vertical alignments will be developed, earthwork needs identified, and match points and driveway connections determined. Roadway templates and truck turning movements will be run with curb and sidewalk limits to determine impacts and identify limits for the proposed edge of road and additional right-of-wap required. Conceptual locations for stormwater conveyance and LIDA facilities shall be identified by the Consultant. A new 12-inch water line alignment within Wall Street shall be designed from Hunziker to Tech Center Drive. A new 8-inch sanitary sewer alignment within SW Wall Street shall be designed to connect to the East Tigard Sewer Project currently in design by others. An additional sanitary sewer alignment shall be designed from SW Tech Center Drive along the new SVG`Wall Street extension. If available during the 30% Design phase, consultant shall obtain and review information provided by the developer for the Land Trust property. This includes identification of the developer's preliminary driveway and utility stub connection locations on the 30%plans. Consultant shall evaluate retaining wall and/or slope needs along the roadway,particularly focused along the new SVG' Wall Street extension adjacent to SW Tech Center Drive. Designs shall include preliminary wall/grading layout associated with the preferred approach. Consultant shall prepare a conceptual-level cost estimate. Cost estimates must include cost of construction, right-of-way (if any), reimbursable utility relocations to be paid by City (if any), and other associated costs for the conceptual design,with a 30% contingency factor. Assumptions • City shall provide feedback on the design vehicle to be used for turning analysis. • City shall identify sanitary sewer points of connection to the East Tigard Sewer Project. Deliverables • Draft and Final Design Criteria Spreadsheet and Summary Memorandum including discussion of slope and/or retaining wall alternatives and preferred option(s). • Truck turning movement exhibits for specific driveways and corners if requested. • 30%Design cost estimate. • 30%Plans (see Table 1 at the end of this document for an anticipated sheet count). Task 10—Bid Services (Deferred Task) Task 11—Construction Services (Deferred Task) Project Schedule The anticipated project delivery timeline for this project is as follows: QBS—SW a all Street Improvements 201 rt, c Close—Wednesday,November 4,2015 - 2:00 PM • Commencement of Services February 2016 • Survey and Geotechnical Report March 2016 • 30%Design April 2016 Deferred Tasks: • 60%Design June 2016 • 90%Design August 2016 • Final Design September 2016 • Obtain Permits October 2016 • Advertise for Construction Services October 2016 • Bid November 2016 • Award December 2016 • Begin Construction January 2017 • Project Completion and Closeout August 2017 Sheet Count The following table is the anticipated sheet count for the 30% design deliverables associated with Phase 1. Additional sheets and design information is anticipated to be added with future deliverables in Phase 2. Tutu n'ng Sheets Description 1 1 Cover Sheet:Vicinity Map, Sheet Index 2 1 Legend and Abbreviations 3 1 Sheet Layout Ma 5 2 Typical Sections 13 8 Existing Conditions Plan 1"=20' full size 21 8 Grading Plan and Profile 1"=20' full size 29 8 Utility Plan 1"=20' full size 30 1 Preliminary Cross-Sections (6 total, 2 at Charter Mechanical, 1 at Agylix dwv, 1 at RR,2 at Tech Center Dr. 32 1 2 Conceptual Retaining Wall Layout Phase 2 and Phase 3 To be discussed at further negotiations. RED ROCK WATER LINE IMPROVEMENTS PROTECT Task 1—Project Management Contractor will provide overall management, direction and coordination for the project including the following subtasks: Task 1.1 Overall Project Management Consultant shall review project files, supplied technical data, City design standards, and policy and procedure manuals. Consultant shall coordinate with subconsultants, assign and manage the appropriate level of staff expertise for the project at each phase of design, coordinate design reviews and the implementation of design review comments and perform other project coordination as required. For each submittal,all review comments provided by the City and other involved parties will be compiled, along with a proposed response to each comment received. QBS—SW Wall Street Improvements 21 a Close—Wednesday,November 4,2015—2:00 PM Task 1.2 Project Meetings Schedule, prepare for, and conduct a project kick-off meeting to review the purpose and scope of the project. This meeting will be an internal project team meeting with City staff. Consultant shall schedule and lead up to five (5) project meetings at the City and prepare meeting agendas and minutes. It is assumed up to two design team members will be present at each meeting. Following the kick-off meeting, the Consultant shall participate in weekly check-in conference calls with the City. It is assumed each weekly meeting will be approximately 15 minutes and attended by the Consultant's project manager Deliverables • Meeting agendas typically two (2) business days in advance of meetings and minutes typically five (5) business days after meetings. Task 1.3 Scheduling and Invoicing Consultant shall prepare a project design schedule detailing the design and construction phases. Consultant shall monitor project scope, schedule and budget on a monthly basis. Invoices will be submitted on a monthly basis to the City's project manager. Each invoice shall be accompanied by a progress report with issues potentially affecting scope,schedule or budget being identified. Deliverables • Within 14 calendar days after receipt of Notice to Proceed (NTP) (NTP Target Date—February 9, 2016), Consultant shall submit to City for review-and approval the Project Design Schedule. • Invoices and progress reports submitted on a monthly basis. Task 2-Topographic Surveying and Boundary Survey The limits of surveying for this scope of services shall include the area from the current SW Wall Street right-of-wa-y north approximately 400 feet between the Potso Dog Park and Agilyx property, approximately 40 feet in width. Topographic survey will also be performed for the northern project area: approximately 40- foot wide corridor from SW Hall Boulevard south through 12700 SW Hall Boulevard, approximately 450 feet. The Horizontal Datum for the project will be NAD83 Oregon North Zone and the Vertical Datum (NGVD29) will be transferred to the site from City of Tigard benchmarks. Services will include topographic surveying and descriptions/exhibits to support right-of-wap acquisitions. The specific surveying services to be performed are as follows: Task 2.1 Topographic Survey and Boundary Survey Topographic survey work shall include field survey of all existing above ground features (i.e. edge of pavement, curbs, sidewalks, buildings, trees, utilities,wetland flags, etc.) as well as elevations with one foot contour intervals. The below ground utilities will be located from one-call locate paint marks,private locates and existing as-built maps. The consultant shall be responsible for notifying all affected property owners of field work conducted on private property. Property boundaries and existing right-of-way will be identified as part of the topographic surrey Assumptions • Title reports will be provided as part of the right-of-way services task. • Utility locates will be marked by One-Call locates within the exiting street right-of-way and private locates will be performed over the privately owned areas. Deliverables • Existing conditions basemap (AutoCAD format) QBS—SW Wall Street Improvements 22 17 <R Close—Wednesday,November 4,2015—2:00 PIA Task 2.2 Easements & Exhibits Includes preparation of legal descriptions and exhibits for permanent and temporary construction easements as required. For budgeting purposes, it is assumed that up to 2 legal descriptions and exhibits shall be prepared for a single property (7920 SW Hunziker Road). Stakes for the proposed property locations shall be provided in the field to facilitate right-of-wap acquisitions. Deliverables • Up to 2 legal descriptions and exhibits. • Visual staking of right-of-way during property acquisition process. Task 3 PS&E Delivery Services will include design through the 30%milestone,and 90% Final Design services. Task 3.1 30%Desi_n Consultant shall develop an analysis of the required fire flow capacity,water main sizing and recommended configuration for each site.This analysis shall be documented in a memorandum,and include the following: • Required fire flow to the site • Preliminary alignment and confirmation of right-of-wap needs • Geotechnical and structural considerations for each alternative • Identification of any environmental impacts requiring additional environmental assessments or permitting • Conceptual-level cost estimates for the proposed improvements Consultant shall develop a 30% design for the footprint and basic layout of the project based on the proposed improvements described above and obtain concurrence from the City prior to proceeding with the development of the 30%Plans. Consultant shall develop 30% plans with sufficient detail to identify impacts and estimate construction quantities. Horizontal alignments will be refined and vertical profiles developed. Consultant shall meet with private property owners and City staff to review proposed alignment, system configuration,connection point,access issues and sequencing for work in 12700 SVG'Hall Boulevard. Assumptions • Specification outline to be provided at 90%Design. • Environmental assessments and sensitive area permitting are outside of this scope of work and will be contracted separately if it is determined that sensitive area impacts cannot be avoided. Deliverables • Draft and final Design Criteria Summary memorandum in electronic format. • Draft and final 300%Design cost estimate in electronic format. • 30%Plans and Construction Estimate. Title Sheet,Existing Conditions Plan,Waterline Plan Sheets, and Major Construction Detail. QBS—SW Wall Street Improvements 23111 Close—Wednesday,November 4,2015—2:00 PM Task 3.2 90%Des'— The 90% design submittal shall be advanced from the 30% submittal, incorporating all review comments, and includes: • Plans, profiles and construction notes including typical sections and/or details for all work shown on plan sheets. • Special Provisions supplementing the 2015 Oregon standard Specifications for Construction (Oregon Department of Transportation/APW_4) including any unique Special Provisions required, and revisions to the Special Provisions based on comments received during reviews. Special provisions shall address key construction issues, technical construction requirements, permit requirements, environmental protection restrictions,utility coordination requirements, and any other construction management and coordination activities. • Cost estimate and bid schedule, including verification of description and method of payment for all items of work. Consultant shall participate in a site visit with the City's project manager to review plans and specifications in detail relative to existing field conditions. Deliverables • 90% Plans (Title Sheet, Existing Conditions, Waterline Improvement Plan Sheets, Construction Sequencing and Decommissioning Plan, Construction Details Sheets), Specifications and Construction Estimate • Bid Schedule Task 3.3 Finial Design The final design submittal shall be advanced from the 90% submittal,incorporating City review comments as necessary. Assumptions • Design drawings will contain the same sheet count as the 90%Design submittal. Deliverables • Final Plans (see 90%Design sheets),Specifications and Construction Estimate • Bid Schedule Task 4—Bid Services The City will lead the advertisement and bid administration. Consultant shall assist the City with the following items: Task 4.1 Questions During Bidding • Respond to bidder inquiries during the bid period in a manner assuring no bidder or supplier is provided with information not in the bid documents and that could provide a bidding advantage or disadvantage. • Provide a written log on a daily basis documenting questions asked by bidders/suppliers and responses provided by Consultant. Deliverables • Written log of conversations,questions and answers QBS—SVC Wall Street Improvements 24 1 P g c Close—Wednesday,November 4,2015—2:00 PM Task 4.2 Addenda to Bid Documents If necessary, prepare up to one bid addendum to clarify contract documents if necessary and requested by City. Deliverables • Addendum documents Task 5—Right-of Way Task 5.1 Property Owner Meetings Consultant shall be present at all property owner meetings to explain the easement acquisition process and answer general questions. Consultant representative shall accompany the City at one-on-one property owner meetings to discuss the project and address concerns property owners may have regarding impacts. Consultant shall research real estate market and provide City with a range of land values for the types of properties impacted by the project.Values will be for the City's use in preparing valuation determinations of the land being acquired. Deliverables • Consultant will provide City with notes for each meeting with a list of issues and/or action items. Task 5.2 Title Reports Consultant shall be responsible for ordering of preliminary title reports as needed. Preliminary title reports may be needed for development of the legal descriptions and may need to be ordered prior to the preparation of legal descriptions. Task 5.3 Appraisals/Appraisal Review Consultant shall obtain the services of Oregon state-certified appraisers to estimate land valuations used in the easement acquisition process. Consultant shall provide one real estate appraisal for each ownership from which a property interest is to be acquired. Real estate appraisals shall conform to State standards and be in conformance with the Uniform Standards of Appraisal Practice. Task 5.4 Acquisition The Consultant shall conduct property acquisition negotiations on behalf of the City, and shall inform property owners in writing those considering a donation of their right to just compensation. Consultant shall compile and/or prepare all essential documents submitted to property owners. Task 5.5 Closing Consultant will review the preliminary title report and identify issues with the title that need to be cleared at the start of the project. Once negotiations with the property owner have been completed and acquisition documents have been signed, the closing process will conclude. The closing company will record documents and the original will be sent to the City for their files. Task 5.6 Record Beeping Consultant shall protide the City with records and documentation of all property owners at the closing of each acquisition. Copies of all documents shall be retained by the Consultant for seven years. QBS—SV'Wall Street Improvements 25 Close—Wednesday,November 4,2015—2:00 PM Task 6—Construction Services Work under this task includes construction phase engineering sen-ices. For scoping purposes, the anticipated subtasks detailed below assume that MSA will work closely,%ith the City's field inspection staff and serve in a supporting role assisting the City with the field element of construction phase services. Task 6.1 Preconstruction Conference City staff will prepare an agenda and invitation list for a preconstruction conference. Consultant staff will attend a preconstruction conference with the selected construction contractor and respond to technical questions regarding the plans and specifications. Task 6.2 Special Shop Drawings and Submittals Consultant will receive and re7-iew special shop drawings and other technical submittals not reviewed by the City. Task 6.3 Respond to RFI's Consultant shall issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Task 6.4 Periodic Site Visits by Engineer Perform periodic site visits by an MSA engineer at the request of the City. It is anticipated that these visits will be limited to the construction of the horizontal directional drilling operation. For the purposes of budgeting,one 2-hour visit per week is assumed over a 2-month construction period. Task 6.5 Project Closeout Under this subtask, a preliminary and final inspection of the project with City representatives will be conducted. Included in this effort is the preparation of a "punch list" of items of work remaining to achieve final completion of the project and to prepare for acceptance by the City. Task 6.6 As-Built Drawings Consultant will prepare as-built drawings based on construction observations and contractor provided notes. One set of Mylar drawings will be delivered along with a CD or portable USB drive (thumb drive). Project Schedule The anticipated project delivery timeline, assuming design and construction will not be coordinated with the SAY'Fall Street project,is as follows: • Commencement of Services February 2016 • Survey March 2016 • 30%Design April 2016 • 90%Design June 2016 • Final Design July 2016 • Advertise for Construction Services August 2016 • Bid September 2016 • Award October 2016 • Begin Construction October 2016 • Project Completion and Closeout December 2016 QBS—SW Wall Street Improvements 261 q i e Close—Wednesday,November 4,2015—2:00 PM EXHIBIT B EDA GRANT FORM SF 424D QBS—SW Wall Street Improvements 27 P n u) e. Close—Wednesday,November 4,2015—2:00 PM ASSURANCES-CONSTRUCTION PROGRAMS OMB Number.4040-0009 Expiration Date:06/3012014 Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0042),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the Awarding Agency.Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances.If such is the case,you will be notified. As the duly authorized representative of the applicant:,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act and the institutional,managerial and financial capability of 1970(42 U.S.C.§§4728-4763)relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs)to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration(5 C.F.R.900,Subpart F). 2. Will give the awarding agency,the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate,the State, Prevention Act(42 U.S.C.§§4801 et seq.)which the right to examine all records,books,papers,or prohibits the use of lead-based paint in construction or documents related to the assistance;and will establish rehabilitation of residence structures. a proper accounting system in accordance with generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non- directives. discrimination.These include but are not limited to:(a) Title VI of the Civil Rights Act of 1964(P.L.88-352) 3. Will not dispose of,modify the use of,or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin;(b)Title IX of the Education site and facilities without permission and instructions Amendments of 1972,as amended(20 U.S.C.§§1681 from the awarding agency.Will record the Federal 1683,and 1685-1686),which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex;(c)Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973,as amended(29)U.S.C. with Federal assistance funds to assure non- §794),which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps;(d)the Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107),which prohibits 4. Will comply with the requirements of the assistance discrimination on the basis of age;(e)the Drug Abuse awarding agency with regard to the drafting, review and Office and Treatment Act of 1972(P.L.92-255),as approval of construction plans and specifications. amended relating to nondiscrimination on the basis of drug abuse;(f)the Comprehensive Alcohol Abuse and 5. Will provide and maintain competent and adequate Alcoholism Prevention,Treatment and Rehabilitation engineering supervision at the construction site to Act of 1970(P.L.91-616),as amended,relating to ensure that the complete work conforms with the nondiscrimination on the basis of alcohol abuse or approved plans and specifications and will furnish alcoholism;(g)§§523 and 527 of the Public Health progressive reports and such other information as may be Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 ee required by the assistance awarding agency or State. 3), as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the 6. Will initiate and complete the work within the applicable Civil Rights Act of 1968(42 U.S.C.§§3601 at seq.),as time frame after recelpt of approval of the awarding agency. amended, relating to nondiscrimination in the sale, rental or financing of housing;(i)any other 7. Will establish safeguards to prohibit employees from nondiscrimination provisions in the specific statue(s) using their positions for a purpose that constitutes or under which application for Federal assistance is being presents the appearance of personal or organizational made;and(j)the requirements of any other conflict of interest,or personal gaits. nondiscrimination statue(s)which may apply to the application. Previous Edition Usable Authorized for Local Reproduction Standard Form 424D(Rev.7-97) Prescribed by OMB Circular A-102 11. Will comply, or has already complied,with the Federal actions to State(Clean Air)implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c)of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955,as amended(42 U.S.C.§§7401 et seq.);(g) 1970(P.L.91-646)which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974,as acquired as a result of Federal and federally-assisted amended(P.L.93-523);and,(h)protection of programs.These requirements apply to all interests in real endangered species under the Endangered Species Act property acquired for project purposes regardless of of 1973,as amended(P.L.93-205). Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act(5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1501-1508 and 7324-7328)which limit the political 1968(16 U.S.C.§§1271 et seq.)related to protecting activities of 8 employees whoseprincipal employmentticcomponents or potential components of the national p y wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 17. Will assist the awarding agency in assuring compliance 13. Will comply,as applicable,with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act Act of 1966,as amended(16 U.S.C.§470),EO 11593 (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract (identification and protection of historic properties),and Work Hours and Safety Standards Act(40 U.S.C.§§327- the Archaeological and Historic Preservation Act of 333)regarding labor standards for federally-assisted 1974(16 U.S.C.§§469a-1 et construction subagreements. ) 18. Will cause to be performed the required financial and 14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a)of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No.A-133, (P.L.93-234)which requires recipients in a special flood 'Audits of States,Local Governments,and Non-Profit hazard area to participate in the program and to purchase Organizations" flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other 15. Will comply with environmental standards which may be Federal laws,executive orders,regulations,and policies governing this program. prescribed pursuant to the following:(a)institution of environmental quality control measures under the National 20. Will comply with the requirements of Section 106(8)of Environmental Policy Act of 1969(P.L.91- the Trafficking Victims Protection Act(TVPA)of 2000,as 190)and Executive Order(EO)11514;(b)notification amended(22 U.S.C.7104)which prohibits grant award of violating facilities pursuant to EO 11738;(c) recipients or a sub-recipient from(1)Engaging in severe protection of wetlands pursuant to EO 11990;(d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect(2)Procuring a commercial with EO 11988;(e)assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or(3)Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972(16 U.S.C.§§1451 at seq.);(f)conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED SF-424D(Rev.7-97)Back ATTACHMENT 1 ENGINEER'S PROPOSAL QBS—SAX'Wall Street Improvements Close—Wednesday,November 4,2015—2:00 PM f cess I� i r� i I a I e I � � 1 Ya } � B yM a i � S A 311 H��� H>> H'j��'� F i F 8 F>> F® F Q ■ Y h FFF FF FFFF F F FF F F F F t'Lo, AWQI& ' Apt Nbof d ab tirvO wool f 9 N H F� 5 —pN K 3 n yARM yry r1_ fe ng V h Q C E 'R �i W1 H M• 8 r 588 048 56.9 _ 04 .J z N M H N w'! 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