Loading...
Wallis Engineering ~ C200007 CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCOMPANYEVERY CONTRACT Contract Title: SW Wall St./SW Tech Center Dr. Connection Improvement Project Numi Contractor: Wallis Engineering,PLLC Contract Total: X535 970.94 Contract Overview: Wallis Engineering is being hired to complete the engineering design of the Wall StlTech Center Dr connection prepare bidding documents,assist in permit and perform construction administration Initial Risk Level: Extreme [ High Moderate 'Low Risk Reduction Steps: Risk Comments: Risk Signature: Contract Manager: Andrew Newbury Ext: 12472 Department: PW/Engineering Type: Q Purchase Agreement © Personal Service E] General Service E] Public Improvement IGA Z Other: Engineering Services Agreement Start Date: July 15,2019 End Date: June 30, 2021 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Wallis Engineering $535,970.94 MurraySmith Account String: Fund-Divisio -,Account Work Order—Activity Type Amount FY 460-8000-56005 — 95061-130 S53! . � &00c FY "" $ Approvals - LCRB Date:,duly 9,2019 Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: f City Manager Comment City Manager Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing Mike along with a completed Contract Checklist. ATTACHMENT C CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT SW WALL STREET-TECH CENTER DRIVE IMPROVEMENTS THIS AGREEMENT,made and entered into this 15'day of July,2019,by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, PLCC, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's Fiscal Year 2019-2020 budget provides for engineering design services for the SW Wall Street/Tech Center Drive Improvements project; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing and qualified to perform such services; THEREFORE,in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's ScoFe of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, upon completion of the work or June 30, 2021,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement, and for services required in the fulfillment of Paragraph 1,the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of Five Hundred Thirty-Five Thousand Nine Hundred Seventy-One and No/100 Dollars ($535,971.00) without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Engineer periodically, but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit B of this contract for minor project additions and/or alterations. D. Certified Cost Records The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes,the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service,or social security number,as the City deems applicable. F. Payment—General 1) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Engineer shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 3) Engineer shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly,as due,to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails,neglects or refuses to make prompt payment of any claim for labor,materials, or services furnished to Engineer,sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, as well as electronic files in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City,copies of all maps,records, field notes,and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract,Engineer shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Engineer's work product is satisfactory and consistent with this agreement,but Engineer is not subject to the direction and control of the City. Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law,public employee benefits law,or any other law. All persons retained by Engineer to provide services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore,in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose,City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. C. The undersigned Engineer hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Engineer, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Engineer and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. F. Engineer shall obtain, prior to the execution of any performance under this Agreement,a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 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 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 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error,omission or any negligent acts. Combined single limit per claim shall not be less than $2,000,000, or the equivalent. Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain,at Engineer's expense,and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence"form including coverage for all owned,hired,and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract,the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an"occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. D. Workers' Compensation Insurance The Engineer,its subcontractors,if any,and all employers providing work,labor or materials under this Contract are subject employers under the Oregon Workers'Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Engineers who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. E. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers,employees,agents and representatives as additional insureds with respect to this contract. Coverage will be endorsed to provide a"per project" aggregate. F. Extended Reporting Coverage If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Engineer's insurer will provide such if less than 24 months. Engineer will be responsible for furnishing certification of Extended Reporting coverage as described or continuous "claims-made" liability coverage for 24 months following contract completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Coverage will be endorsed to provide a"per project"aggregate. G. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. K. Primary Coverage Clarification The parties agree that Engineer's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance,Engineer shall be obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this contract. 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 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 Making Payments All notices,bills and payments shall be made in writing and may be given by personal delivery,mail, or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD WALLIs ENGINEERING,PLCC Attn:Andrew Newbury Attn: Wes Wegner Address: 13125 SW Hall Blvd. Address: 215 W 4"' St Ste 200 Tigard,Oregon 97223 Vancouver,WA 98660 Phone: (503) 718-2472 Phone: (360)695-7041 Email: andrewn a-,ti,�,ard-or.gov Email: we—we ner til alliseng.net and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Engineer,which does not represent clients on matters contrary to City interests. Further,Engineer shall not engage services of an engineer and/or other professional who individually,or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests,Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period,the agreement may be terminated pursuant to Section 10 (B - 3) of this agreement. 15. Force Majeure Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes) Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Engineer shall comply with all federal,state,and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,27913,and 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts. 23. Audit Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. Industrial Accident Fund Payment Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form that Engineer or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements,or representations,oral or written,not specified herein regarding this Agreement. Engineer, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Engineer has executed this Agreement on the date hereinabove first written. Contract was awarded by Tigard's Local Contract Review Board at their July 9,2019 business meeting. CITY OF TIGARD WALLI ENG NEERING By: Marty Wine,City Manager B)(/Authorized Contractor Representative Date Date EXHIBIT A SCOPE OF SERVICES PROJECT BACKGROUND The SW Wall Street-Tech Center Drive Improvements project will provide a final piece of infrastructure to the Hunziker Industrial Core, facilitating development of the area. Infrastructure improvements will include the remaining roadway segment of SW Wall Street,utility extensions and improvements to the intersection of SW Wall Street/ SW Tech Center Drive including the installation of a new traffic signal.Additional improvements will include new roadway striping,roadway lighting and landscaping improvements. The firm of MurraySmith has completed 30%design plans for the remaining roadway segment on Wall Street to establish roadway alignments, cross sections and centerline profile. With the 30% design effort, the City completed right-of-way acquisition for the road and utility extensions, and it is anticipated that additional permanent right-of-way acquisition will not be required for the new segments of Wall Street. SW Wall Street is currently under construction in front of the Fields Apartments development(designed by Otak). The proposed improvements under this contract will connect to the terminus of the developer constructed improvements. GENERAL SCOPE OF WORK Contractor will complete design,bidding and construction phase services for the infrastructure improvements identified above. PROJECT TEAM Contractor will serve as the prime consultant for this project,leading a team of subconsultants to complete all the services identified in the specific scope of work. Each consultant is listed below with the primary tasks which they will complete. Consultant Respoasibifities Wallis Engineering,PLLC (`Vallis) Civil Engineering Greenworks PC (GW) Landscape Architecture Peterson Structural Engineers (Peterson) Structural Engineering Geotechnical Resources, Inc. (GRI) Geotechnical Engineering KS Associates (DKS) Traffic,Lighting and Signal Engineering Compass Land Surveyors, Inc (Compass) Surveying Universal Field Services (UFS) Right-of-way SPECIFIC SCOPE OF WORK TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION Objective: Contractor will provide project management,administration, and coordination between City staff, all project team members,regulatory authorities,and adjacent project designers.This task includes technical and financial management of the project. Task 1.1 Project KickoffMeetYng Wallis will meet with City staff to introduce the project, identify contacts and roles, discuss objectives, and decision points. An agenda and meeting minutes will be provided. The following subconsultants will attend the meeting: • GreenWorks (as needed or requested by the City) • DKS Associates Task 1.2 Project Management Provide project management, coordination, and direction to the City staff and design team to successfully complete the project. Confirm the goals,objectives and potential impacts of the project with the City project manager. Establish quality control management and procedures and designate responsibility for all technical work and deliverables. Contractor will coordinate with Washington County,Clean Water Services,Otak,and project stakeholders as needed. Project management tasks will include the following: • Comprehensive project management to ensure the scope, schedule and budget are met. Provide a point contact person for the City while coordinating with the project team. • Schedule and participate in weekly coordination conference calls with the City Project Manager and other staff at city's request. • Provide maintenance of a comprehensive Microsoft Project schedule with individual task milestones, task duration, individual responsibilities of subconsultants and City staff,agencies, and utilities. A preliminary schedule will be prepared following the Project Kickoff Meeting. • Monthly progress reports will be submitted with invoices. Monthly progress reports will include task level budget status, schedule status, and brief summary of work completed along with any upcoming scope, schedule or budget concerns. Billings will include staff,title,hourly rate,and hours charged to the project. • Design review meeting will be held at City offices after the 30%,60% and 90% design stages. Task 1.3 Franchise Utility Coordination Contractor will complete a rigorous utility coordination effort, documenting all communication and coordination efforts in a utility coordination log. This effort will include the following: • Identify all existing utility providers within the project corridor,request service maps and obtain utility locates during topographic surveys. • Identify potential conflicts between existing utilities and proposed improvements and provide notifications to and coordination with the affected utility company representatives at the 30%, 90% and final design phases. • Complete an early coordination meeting with franchise utility providers to discuss utility relocation requirements,and an additional meeting as needed. • Coordinate necessary relocations with affected utility owners. • Maintain a record of correspondence with utility companies • Incorporate proposed private utility linework into the plans for reference. • Identify any additional public or private utility easements required. Task L4 Railroad Coordination Contractor will provide assistance to the City for the City led coordination effort with Portland and Western Railway(PNWR) to obtain approval of the retaining wall adjacent to the right-of-way. Contractor will provide supporting documentation including exhibits, technical plan sheets and structural calculations as needed to support the effort. Task 1 Assumptions: • This contract will span a 9-month design period (July 2019 — March 2020) and a 14-month bidding and construction phase (April 2020—June 2021). • Weekly project coordination conference calls will be held with the city project manager • Contractor will attend the kickoff meeting at the City of Tigard offices • City will provide utility coordination work completed to date • Utility coordination efforts will begin at 30% design and extend through the final design phase. • City will acquire all railroad access and construction permits • City will coordinate with private businesses with support from Contractor as needed • Stakeholder and railroad coordination efforts will focus on ensuring that access needs are reflected in contract documents • No public involvement is anticipated beyond what is noted above • An allotment of 12 hours of coordination support is included for coordination with PNV R. Task 1 Deliverables: • Project Scope and Fee • Meeting minutes and agendas • Monthly progress reports submitted with invoices. These will include task level budget status and schedule status. Billings will be invoiced by task and will include staff classification, hourly rate, and hours charged to the project. • MS Project Schedule and updates as needed • Franchise utility contact list and correspondence records • Franchise utility provider letters of no-conflict when applicable • Coordination and incorporation of proposed private utility relocation plans into plan set as work by others TASK 2 DATA COLLECTION AND EVALUATION Objective: To collect data necessary to provide the basis of design for signal improvements at the intersection of SW 72nd Avenue and SW Tech Center Drive, and for the SW Wall Street and SW Tech Center Drive improvements. To develop a thorough understanding of the design decisions made in the preparation of the 30% plans. To conduct supplemental field investigations as needed and to convert previous design drawings into Contractors format. Subtask 2.1 Review Existing Data A detailed review of the following will be conducted by the design team: • Murraysmith 30% design plans and estimate. • Otak SW Wall Street extension final design documents. • Background AutoCAD and survey files including analysis of all Civil 3D objects • Right-of-way acquisition documents. • Environmental delineations. • Submitted permit documentation. • Traffic impact reports. • Developer Agreements. • Stakeholder correspondence. Subtask 2.2 Topographic Survey Compass will order utility locates, provide detailed mapping of features, and prepare a topographic and boundary survey base map for the intersection of SW 72nd Ave and SW Tech Center Dr. This subtask also includes topographic survey of the improvements to Wall Street being completed by the Fields Trust Apartment development to confirm design compatibility with the 30% design previously completed by the City. Subtask 2.3 Contingency Topographic Survey Compass will complete additional topographic survey as requested by the City to verify or resolve conflicting information between the survey work completed by other parties as part of the 30%Wall Street improvements and the Field's Trust Apartment development. Subtask 2.4 Base Map Development Compass will prepare a complete base map for use in preparing the project improvement plans. Contractor will convert Murraysmith design plans to the Contractors standard and incorporate supplemental topographic survey for the development of design drawings. A site visit will be undertaken to corroborate survey mapping in field. Subtask 2.5 Pre-Construction Record of Survey Compass will coordinate with Washington County to complete a Pre and Post-Monumentation record of survey in accordance with ORS 209.155. Subtask 2.6 Traffic Analysis DKS will evaluate signal warrants and conduct AM and PM peak traffic analysis at the intersection of SW 72nd Avenue and SW Tech Center Drive to verify the appropriate lane configurations and traffic control. In addition, DKS will evaluate potential pedestrian crossing treatments at the intersection of SW Tech Center Drive and SW Wall Street. 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 72nd Avenue intersection • 24-hour speed/vehicle classification count along SW 72nd Avenue and SW Hunziker Road • AM and PM Peak turn movement counts (including pedestrians and bicycles) at the intersection of SW Tech Center Drive and SW Wall Street Future volumes estimates will be developed using Metro's travel demand model along with proposed traffic from future development and redevelopment along SW Wall St and adjacent areas. Traffic volumes and other relevant information will be used from the completed traffic report for the Fields Trust Apartment site. DKS will evaluate signal warrants at the intersection of SW 72nd Avenue and SW Tech Center Drive to verify previous analysis and confirm that a new traffic signal is the appropriate form of intersection control. AM and PM peak hour traffic analysis will be conducted at this intersection using Synchro and SimTraffic analysis software to evaluate intersection operation and determine the recommended intersection configuration. Analysis will be conducted for both Existing(with Wall Street connection) and Future 2040 scenarios. DKS will also evaluate pedestrian and vehicle data,along with geometry,at the intersection of SW Tech Center Drive and SW Wall Street using federal NCHRP guidelines, and will provide recommended pedestrian crossing treatments (signing, pavement markings,RRFB, etc.) at this location. A technical memorandum summarizing the results of the traffic analysis will be prepared.This memorandum will serve as the basis for intersection signal design and other improvements. Subtask 2.7 Geotechnical Investigations and Recommendations GRI will perform a geotechnical investigation and provide geotechnical recommendations for pavement design for the new road segment,approximately 240-ft-long,connecting SW Wall Street and SW Tech Center Drive; design parameters for the proposed retaining walls on both sides of SW Wall Street; new water and storm drains concurrent with the new road segment; and design criteria for three new traffic signal foundations. Contractor understands the retaining wall along the south side of the road will extend the existing soldier pile wall a distance of about 65 ft and the retaining wall along the north side of the road will have a length of about 220 ft. We understand grading for the project will require cuts and fills with a maximum height of about 12 ft,and utilities will have a maximum depth of about 10 ft. We understand the traffic signal foundations will be in accordance with Washington County Standard Detail 6921. Based on contractors site observations and review of geotechnical and topographic information provided by the city for this project,contractor anticipates the site is underlain by silt,clay,and sandy soils,and fill may be present locally. The geotechnical investigation will include the following items of work: • A total of seven borings will be drilled: four borings will be drilled to a depth of about 40 ft to support design of the retaining walls and three borings will be drilled to a depth of 25 ft to support design of the signals. It is assumed the borings made for these improvements will provide sufficient information to address the geotechnical design of the new pavement, waterline, and storm drain. The total estimated drilling footage will be on the order of 235 ft. The borings will be made by a tracked GeoProbe-mounted drill rig and mud and hollow-stem auger drilling techniques, as appropriate. Disturbed split-spoon samples and/or undisturbed Shelby tube samples will be obtained from the borings at about 2.5-to 5-ft intervals of depth. The Standard Penetration Test will be conducted while the disturbed split-spoon samples are being taken. • The borings will be subcontracted to a drilling contractor experienced in drilling and sampling soils for engineering purposes. The drilling and sampling will be accomplished under the direction of experienced engineering staff from GRI who will locate the general areas for drilling and maintain a log of the materials and conditions uncovered during the course of the work. • To assist in evaluating the transition from the new pavement to the existing SW Tech Center Drive, falling-weight deflectometer (FWD) testing will be conducted along the existing pavement. In addition,two pavement cores will be obtained within the existing pavement. The FWD and pavement coring work will be completed by GRI. • Prior to completing the field investigation program, GRI will mark the exploration locations in the field and contact the public utility notification number. GRI will also retain the services of a private utility locator. • The explorations will be completed within City of Tigard right-of-way and we have assumed that the City will provide GRI with the necessary permits to drill within their right-of-way at no cost. • It is anticipated a traffic control plan and project narrative will be completed to assist in obtaining the right-of-way permit. The connector segment of SW Wall Street is presently undeveloped and not trafficked. However, it is anticipated traffic control will be needed to complete the borings for the new signals and the pavement cores. • Laboratory tests will be conducted to provide data on the important physical characteristics of the subsoils, essential for engineering studies and analyses. The laboratory tests will include standard classification tests, such as natural water content and unit weight determinations, as well as strength and consolidation testing as necessary. The latter will provide the quantitative data necessary for the various foundation design studies, such as foundation types and estimated settlements. • Engineering studies and analyses will be accomplished that will lead to the preparation of conclusions and recommendations concerning (1) earthwork, including cut and fill slopes, wet- weather construction, and the suitability of on-site soils for use as structural fill; (2) underground utilities, including excavation, temporary shoring criteria, and construction dewatering; (3) flexible pavement design; (4) seismic design criteria,including a Site Class,in accordance with the current International Building Code and Oregon Structural Specialty Code; (5) retaining wall design parameters for up to two wall types; and (6) confirm the geotechnical design parameters assumed for the previously- referenced Washington County design standard for signal foundations are appropriate for use at this site. We have assumed that the pavement design will be completed in accordance with the AASHTO Pavement Design Guide and that design traffic information (i.e.,AADT,percent trucks,distribution of FHWA truck classes, truck growth rate,etc.) will be provided by the design team. • A report will be prepared that discusses the work accomplished and presents the results of the various tests and office studies. The report will be provided in electronic format for your use and distribution. Task 2 Assumptions: • CAD files of previous design work will be provided on Autodesk Civil 3D 2018 or equivalent platform. • All project background information detailed in Task 2.1 will be provided to Wallis from the City. • The City will provide payment for any railroad employed flaggers necessary to conduct data collection on railroad property. • Intersection improvements at SW 72nd Ave and SW Tech Center Dr will be restricted to signal improvements;no lane widening or road widening to accommodate new lanes will be necessary. • The traffic analysis update will confirm that a dedicated left turn from Tech Center to 72nd is not necessary. • Infiltration testing is not necessary as the project will be considered exempt from runoff/hydromodifica tion detention/retention requirements. • Casing pipes will not be necessary to advance the borings. • Petroleum products or other potentially hazardous materials will not be encountered during the subsurface explorations. If petroleum products or other potentially hazardous materials are encountered during the subsurface exploration, we will immediately stop drilling, place the drilling subcontractor and our field staff on standby and contact you for further guidance. • Excess cuttings produced during drilling can be disposed of by scattering them on site. • It is assumed that all property access approvals will be coordinated and completed by others and that the geotechnical field work can be completed without time delays associated with property access approvals. • A formal dewatering plan is not required. All necessary dewatering will be designed by the Contractor. • Intersection capacity analysis will be completed using Highway Capacity Manual(HCM) methodology • Signal warrant evaluation will be completed using MUTCD methodology. Task 2 Deliverables: • Base Map in AutoCAD Civil 3D and PDF format • Preconstruction Record of Survey to be filed with Washington County Surveyor. • Draft and Final Geotechnical Report documenting geotechnical explorations, findings, conclusions, and recommendations. • Draft and Final Traffic Analysis Memorandum. TASK 3 30% CONSTRUCTION PLAN DEVELOPMENT Objective: To prepare construction plans and an opinion of cost at the 30% submittal stage. Subtask 3.1 Preliminary Stormwater Drainage Report Contractor will prepare a hydrologic model for stormwater facilities design in accordance with CWS design standard R&O 17-5. The design is anticipated to utilize the same LIDA and stormwater facilities as described in the Murraysmith 30%plans and previous phases of SW Wall Street. Stormwater planters will be designed utilizing the LIDA handbook. Per our understanding, no detention facilities will be needed due to the location of the discharge on Fanno Creek. A hydrologic analysis will be completed using the SBUH method and Hydrocad.All stormwater conveyance structures will be designed for the 25-year design event.The existing collection system which is to serve as the outfall for this project will be evaluated and recommendation will be provided based on any identified deficiencies. The report will be prepared and submitted with the 60% design package. Subtask 3.2 Design of Roadway Improvements Roadway design will be completed in accordance with the City of Tigard design standards and AASHTO recommendations for SW Wall St and the SW Wall St/SW Tech Center Dr intersection. The design will also include evaluating the vertical design included in the 30% plans to optimize the connections to the existing driveways.Pedestrian crossing improvements will be incorporated into the design of the 72nd Street and Tech Center Drive intersection. A mid-block pedestrian crossing will also be incorporated near the Wall Street connection to Tech Center Drive and will include safety improvements as recommended in work completed under other tasks. Signing and striping improvements will be implemented in accordance with City of Tigard standards and MUTCD guidance. Striping improvements will include extending bike lanes from the proposed Wall Street segment to 72nd Street. Subtask 3.3 Design of Utility Improvements Stormwater design will be completed based on the conclusions of the Preliminary Stormwater Drainage Report,and in accordance with the City of Tigard Design standards and CWS standards. Water lines will be designed to meet City of Tigard design standards. Subtask 3.4 Traffic Signal and Lighting Design Preliminary design will be completed for a new traffic signal at the SW 72nd Ave/SW Tech Center Dr intersection,and a RRFB on SW Wall St.Preliminary lighting plans will be prepared for lighting improvements at the SW Wall St/SW Tech Center Dr intersection. Lighting for the intersection of SW 72nd Ave/SW Tech Center Dr will be included as part of the signal plan. Subtask 3.5 Structural Design Structural design will be completed for the two retaining walls necessary to accommodate proposed improvements at the SW Wall St/SW Tech Center Dr intersection. The retaining wall adjacent to Portland& Western Railroad will be designed to match the aesthetic appearance of the recently-constructed wall designed by Otak as part of the Fields Apartments development. The wall on the north side of Wall Street will be designed to minimize impacts to private property. The aesthetic concept for the north wall has not been selected at this time. Structural calculations will be prepared to assist in permitting needs with the Building Official and the railroad. Subtask 3.630%Plans and Opinion of Cost A 30% drawing package will be prepared to incorporate all of the above design elements.A preliminary cost estimate will be prepared based on the 30% plans, with a 25% contingency. The plan drawings will include the following elements: • Cover,legend and notes • Existing conditions • Road plan and profile for SW Wall St and SW Wall St/SW Tech Center Dr • Stormwater and water plan for SW Wall St and SW Wall St/SW Tech Center Dr • Retaining Wall plan and profiles • Intersection layout of SW 72nd Ave/SW Tech Center Dr • Preliminary/proposed impacts to private property • Preliminary traffic signal and lighting plans • Preliminary RRFB plans Task 3 Assumptions: • Stormwater design will meet CWS Standards R&O 17-5. • City of Tigard will not require flow control for this project based on the location of the existing discharge on Fanno Creek. • City of Tigard will not require hydrologic period matching for wetland discharge. • Water main line sizing is completed, and design will utilize 30% utility design. No capacity analysis anticipated. • City will provide specification front end documents and general special provisions in Word • format. • No design deviations anticipated. • Dewatering plan not required for design. • Intersection improvements at SW 72nd Ave and SW Tech Center Dr will be restricted to signal improvements and associated pedestrian crossing improvements;no lane widening or road widening to accommodate new lanes will be necessary. • Traffic signal will be designed to Washington County standards. • Structural design will not be required for the traffic signal poles and foundations will be constructed following Washington County Standard Details. • Any necessary work from an arborist will be provided by the City. Task 3 Deliverables: • 30% plans and opinion of cost • Preliminary Stormwater Drainage Report TASK 4 PERMITTING Objective: To obtain permits necessary to perform the work. Sub task 4.1 Environmental Services After the 30%design submittal,Wallis Engineering will coordinate with Clean Water Services to submit a pre- screen application and obtain a Service Provider Letter. Subtask 4.2 DEQ 1200-CN Permit After the 90% design submittal,Wallis Engineering will coordinate with Oregon DEQ to submit and obtain a 1200-CN Permit for erosion and stormwater control. Sub task 4.3 Tree Removal Permit Contractor will assist with preparation of Tree Removal Application exhibits, if applicable. City staff will prepare narrative and submit to Community Development for approval. We anticipate application for this permit at the 90% design submittal phase. Sub task 4.4 Building Permit Contractor will assist with the preparation of the building permit for each of the proposed retaining walls including exhibits and calculations, if applicable. City staff will prepare narrative and submit to the Building Official. Contractor anticipates application for this permit at the 90% design submittal phase. Task 4 Assumptions: • Plans and calculations are to meet current jurisdictional requirements. • Permit fees to be paid by the City • No noise studies or monitoring will be required. • All funds for this project are local funds and archeological and cultural resource studies are not required. • All permitting coordination required by the railroad will be completed by the City. Wallis and subconsultant team to provide structural calculations and support. • No vegetated corridor/environmental boundary impacts anticipated. Task 4 Deliverables: • Service Provider Letter • Tree removal permit • Building permit • 1200-CN permit TASK 5 CONSTRUCTION PLAN DEVELOPMENT Objective: To prepare construction plans and an opinion of cost at various project design stages. Subtask 5.1 Final Stormwater Drainage Report Based on City and CWS review comments,Wallis will finalize the Stormwater Drainage Report for the project. Subtask 5.2 60%PS&E Submittal The design team will assemble and submit 60%plans and opinion of cost to the City for review and comment. The 60% submittal will also include an outline of proposed specification sections. We will review and incorporate any City comments on existing 30% design plans. We will update the 30% opinion of cost to reflect updated bidding costs. Proposed plans will incorporate geotechnical recommendations for pavement design. The 60% plan drawings will include the following elements: • Cover,legend and notes • Existing conditions and demolition • Typical sections • Road plan and profile for SW Wall St and SW Wall St/SW Tech Center Dr • Stormwater and water plan for SW Wall St and SW Wall St/SW Tech Center Dr • Retaining wall layout • Traffic signal plans for SW 72nd Ave/SW Tech Center Dr • Lighting plans (as needed) • Landscaping and irrigation plans • Signing and striping plans • Major construction details • Preliminary/proposed impacts to private property Subtask 5.3 90%PS&E Submittal The design team will assemble and submit 90% plans, full specifications, and opinion of cost to the City for review. Specifications will use the "2018 Oregon/APWA Standard Specifications for Public Works Construction" and will conform to the City of Tigard Public Improvement Design Standards, City of Tigard Water Distribution system Design Standards and Clean Water Services Design Standards. Bid Item descriptions will be provided with the specifications. Design plans will include fully detailed ADA ramp layouts and driveway profile drawings. The 90% plan drawings will include all elements from the 60% submittal and the following additional elements: 0 120OCN Erosion Control Plans • Construction phasing plan (if needed) • ADA ramp layouts • Driveway profile drawings • Construction details • Private utility relocation plans (as needed) The following table is the anticipated sheet count for the 90% and 100% design deliverables: Running Total' Sheets Description 1 1 Cover Sheet: Vicinity Map, Sheet Index 3 General Notes,Legend and Abbreviations 5 1 ISheet Layout Map 6 1 Typical Sections 9 3 Existing Conditions Plan (1"=20' full size) 12 3 Demolition and Erosion Control plan (1"=20' full size) 13 1 Construction Phasing plan (1"=60' full size) 15 [Roadway Plan and Profile (1"=20' full size) 17 Utility Plan and Profile 1"=20' full size 18 1 'tormwater Facility Plan (1" = 10' full size) 19 1 Driveway profiles (9 total) 1 Retaining Wall Plan and Profile 23 2 Retaining Wall Details 8 5 Signing and Striping Plan (1" = 40' full size) 32 4 Traffic Signal Plans and Details 34 2 Rapid Rectangular Flashing Beacon Plans and Details 36 2 Roadway Lighting Plan and Details 38 2 andscape Irrigation Plan and Details 0 PlantinLr Plan and Details 2 Curb Ramp Detail Sheets 7 5 Roadway Detail Sheets 9 Utility Detail Sheets 52 igning and Striping Detail Sheets Subtask 5.4 Final PS&E Submittal The design team will assemble and submit final construction plans, specifications, and opinion of cost for final City review prior to bidding. We will review and incorporate any City comments on the 90% submittal. Task 5Assumptions: • Erosion control plans and details will conform to CWS standards. • Signing and striping will be designed per MUTCD guidance. Task 5 Deliverables: • 60%,90% and Final plans, specifications (outline for 60% submittal), and opinion of cost • Final Stormwater Drainage Report • 1200-CN plans TASK 6 RIGHT-OF-WAY SERVICES Objective: To obtain temporary and permanent easements to construct the proposed improvements. Universal Field Services (UFS) will provide valuation and acquisition services to obtain the necessary easements for construction in accordance with the Uniform Act of 1970 and amendments,Oregon State Law and City of Tigard policies and procedures. Wallis and Compass will prepare and provide all project information,maps,legal descriptions and exhibits for use by UFS. A detailed description of the tasks involved in the acquisition are as follows: • Title Reports—Order and review preliminary title reports as needed. Reports will be used to generate legal descriptions as required. • Appraisals/Appraisals Review — Oregon state-certified appraisers will be used to provide one real estate appraisal and appraisal review for each property acquisition. Appraisals shall conform to the standards contained in the Uniform Standards of Professional Appraisal Practice and Oregon State Law. All appraisals will be coordinated with the property owner. • Acquisition— UFS will conduct negotiations, on behalf of the City, for right-of-way acquisition and compile and/or prepare all essential documents to be submitted to the property owners including a complete valuation of the acquisition and written notice for response as part of the offer letter. Property owners considering donation will be informed in writing of their right to just compensation. UFS will document all negotiations with property owners including: o Efforts to achieve amicable settlements o Owners' suggestions for changes in plans o Responses to owners'counterproposals UFS will make every reasonable effort to acquire the right-of-way expeditiously by negotiation and property owners will be given reasonable opportunity to consider the offer. UFS will assist in clearing interests from title that are deemed necessary by the City. Compass will also complete up to six (6) legal exhibits to support acquisition of Temporary Construction Easements (TCEs). Task 6Assumptiotns: • Right-of-way acquisition will be required from up to 6 properties (up to five (5) temporary construction easements and up to two (2) permanent easements. • The City will approve and authorize all offers to the property owner before any offer is made. • Settlement offers must be pre-approved by the City. • Appraisals are required for all right-of-way acquisitions. • Six Title Reports are required. • No specialty reports will be required. • No relocation activities are required. • City will pay all closing costs. Task 6 Deliverables: • Six (6) real estate appraisals and appraisal reviews. • One (1) completed negotiation file with deeds for recording each acquisition (6 total). TASK 7 BIDDING ASSISTANCE Objective: To solicit contractor bids to perform the work in conformance with City requirements. Subtask 71 Project Bidding Contract documents prepared by Wallis Engineering in Task 3 will be used to bid the project. City of Tigard will be responsible for advertising the project,preparing and distributing Contract Documents to prospective bidders and maintaining a plan holder's list. Wallis Engineering will prepare an agenda and conduct a pre-bid meeting at the City of Tigard, respond to questions that come up during bidding, and coordinate responses to questions with project subconsultants as they arise. Subtask 7.2 Project Addenda Wallis Engineering will prepare addenda and submit to City of Tigard for distribution. Subtask 7.3 Project Award City will be responsible for reviewing and processing all received bids and preparing a recommendation of award.Wallis Engineering will review bid prices with City project manager. Task 7Assumptions: • We assume up to two addenda will be necessary (assistance allotments provided for subconsultants). • Advertisement and plan distribution will be through the City's online plan center. • City will prepare and maintain a plan holder's list, review and process all bids, and prepare a bid tabulation. • City will prepare a recommendation of award. Task 7DeKverables: • Addenda will be prepared and provided to the City in electronic format for distribution to bidders. • Pre-bid meeting agenda and meeting minutes. TASK 8 CONSTRUCTION PHASE SERVICES Objective: To oversee, manage, record and monitor all work performed by the contractor in conformance with City requirements. The following construction phase services are based upon assumptions made from review of the provided 30%plans and documents. Should substantial changes to project scope occur,a revision of construction phase services may be required. Subtask 8.1 Submittal Review Design team will review material and plan submittals and provide comments to the Contractor in a timely manner.We will consult with the City regarding the acceptability of substitute or`as-equal'items proposed by the contractor.The budget assumes 50 submittals with a 30%resubmittal rate. Subtask 8.2 RFIs Design team will respond to RFIs during construction process. Subtask 8.3 Construction Administration The design team will provide construction contract administration and management of the project as follows: • Hold a pre-construction meeting, to be conducted with City Staff, the contractor, private utility representatives and others as necessary. • Review contractor pay requests, quantity verification, and provide recommendations to the City project manager. • Log all Requests for Information (RFIs) and issue clarifications. • Review change orders and provide recommendations to the City project manager. • Facilitate weekly construction meetings with City Staff, Contractor,and other parties as appropriate. • Review and approve pay estimates and certificates for payment. • Coordinate construction activities and schedules with key project stakeholders. • Manage the construction file and documentation organization. Subtask 8.4 Construction Observation Provide full-time construction inspection as follows: • Visually inspect work and materials for its conformance to the contract documents. • Conduct measurement of all work as prescribed in the contract documents. • Attend weekly construction meetings. • Take in-progress digital construction photographs during the course of the project. • Prepare inspector daily reports. Subtask 8.5 Post Construction Record of Survey Compass will complete a post construction record of survey and file the survey with Washington County. Subtask 8.6 Preparation ofRecord Drawings We will prepare record drawings upon completion of construction. Record drawings will show the as- constructed facilities based on construction observation, contractor provided notes, and survey verification. Survey verification to include the following: • Provide horizontal locations of manholes and cleanouts. • Provide location and invert elevation of all service stubs. • Provide vertical data including rims,invert elevations of pipes at manholes and cleanouts. • Provide drawings in PDF format and AutoCAD format. Subtask 8.7 Project Closeout. We will conduct a final project walk over with City staff and the Contractor to develop a punch list of closeout items and oversee the completion of these items. All project files will be compiled in pdf and AutoCAD format for transfer to the City. Task 8Assumptions. • We assume 50 submittals with a 30% resubmittal rate. • Contractor site workers will be trained to recognize potential artifacts. On-site archeological monitoring by the Consultant is not required. • No contaminated soils will be encountered during construction. • Total construction period is 20 weeks. • A part time construction manager will be required at an average of 10 hours per week for a total of 24 weeks. • One full time inspector will be required at an average of 45 hours of inspection work per week for the assumed 20 week construction period, with an additional 40 hours for night time inspection which may be required for work within the 72nd Street and Tech Center Drive intersection. Supplemental inspection Nvill be required on a part-time and as needed basis by the subconsultant team. It is assumed that the majority of the work will be completed during the day and the budget will need to be supplemented if additional night time work is necessary. • 32 hours of on-site observation is assumed for Geotechnical Engineering support. • Approximately 40 hours of construction administration and inspection support is assumed for traffic signal construction. • Railroad flagging,if required,is not included. Task 8 Deliverables: • Submittal review comments • RFI responses and RFI and Submittal log • Construction meeting agendas and minutes • Pay estimates and certificates for payment • Certified payroll documentation reviews • Inspector daily reports • Punch list • QA/QC testing results • Post Construction Record of Survey • Record Drawings • Project closeout documentation • Project construction file as ,� xsx$x:x i» M(»» t 77 � a I e n ^ I- 8 8 8 R $ 8$xx 8 8 888 8 8 +m. A8 x $ 8 $8 8 F E L L »» » » » »» W F8 Rx RRRx � � H W �$v$m x x a xaa $ Iasi a x Cn 8 .__-_ a _-__- ---c' a ______ a -.a a r- �., C I ( � ^c y A L x u --- __ p W c1 U e A sEtlo :�s � E $ "snYffi � SEE Qaz $i-M. Wx Maxkr FEE SUMMARY Staff Hours Rate Fees SE-Senior Engineer 0 $ 190.74 $ - El.Engineer1 68 $ 174.42 $ 11,860.56 E2-Engineer 2(PM) 468 $ 162.18 $ 75,900.24 E3-Eng-er3 60 $ 138.72 $ 8,323.20 E4-Engineer 4 210 $ 121.38 $ 25,489.80 E5-Engineer 5 1008 $ 104.04 $ 104,872.32 E6-Engineer6 24 S 93.84 $ 2,252.16 SD-Senior Designer 0 $ 133.62 $ - Inspector 0 $ 100.98 $ - T1-Technician 1 197 $ 106.08 $ 20,897.76 TW-Technical Writer 10 $ 96.90 $ 969.00 Ct-Clencal1 91 $ 81.60 $ 7,425.60 Total Fees From Start 3 257,990.6{ Subconsuttant Fees Compass $ 40,136.80 DKS $ 70,147,00 GRI $ 59,398.90 Greenworks $ 21267.40 Peterson $ 31,130.00 UFS $ 53,13220 Totat Fees From Subeonsti/tants S 275,21230 NOTE Fee krcknies 101%markup Expenses Cost Pnnbng(P)Mileage $ 120.00 (M) $ 2,648.00 Total Fees from Expenses $ 2,768.00 TOTAL BUDGET S :635.9-10.94 - RATE SCHEDULE Staff Hourly Rate Senior Engineer $190.74 Engineer 1 $174.42 Engineer 2 $162.18 Engineer 3 $138.72 Engineer 4 $121.38 Engineer 5 $104.04 Engineer 6 $93.84 Senior Designer $133.62 Inspector $100.98 Technician 1 $106.08 Technical Writer $96.90 Clerical 1 $81.60 These hourly rates include in-house office expenses, photocopying, and other incidental items. Mileage will be reimbursed at the current standard IRS rate. Outside expenses will be billed at cost plus 10%.