KPFF Inc ~ C200092 CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C200092/Amendment 1
Contract Start Date: 5/6/30 Contract End Date: 12 31 21
Contract Title: Frewing Street Sidewalk Infill
Contractor Name: KPFF, Inc.
Contract Manager: Jeff Peck
Department: Public Works—Engineering Division
Contract Costs
Original Contract Amount: $91,362.29
Total All Previous Amendments: $0.00
Total of this Amendment: $8,448.75
Total Contract Amount: $99,811.04
Procurement Authority
Contract Type: Personal Services
Procurement Type: Intermediate RFP <=$150K
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit): yPe Amount
FY 2019/20 460-8000-56005 95064-130 $25,000.00
FY 2020/21 460-8000-56005 95064-130 $66,362.29
FY 2020/21 Amt 460-8000-56005 95064-130 $8,448.75
FY
TOTAL $99,811.04
Contracts & Purchasing Approval
Purchasing Signature: 'J-,� —
Comments: Amend scope and contract end date for Project Management time, coordination and meetings,
open house exhibit, and HUD drainage form. Budgeted in Q2 2021.
CITY OF TIGARD, OREGON
AMENDMENT TO CONTRACT
C200092
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and KPFF, Inc., 111 SW 5' Ave #2600, Portland, OR 97204, hereinafter referred to as Contractor,
entered into on the 6th day of May, 2020,is hereby amended as follows:
2. Effective Date and Duration
A. This Agreement is effective upon the date of execution and expires on june 30,20December
31,2021,unless otherwise terminated or extended.All work under this Agreement must be completed
prior to the expiration of this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to exceed"
amount of Ninety-
Nine Thousand Eight Hundred Eleven and 04/100 Dollars {W ($99,811.04) without
prior written authorization.
Exhibits A.1 and B.1 are included for the amended work.
EXHIBIT A.1
Scope of Services:
1. Provide 6 months of additional project management services resulting from project delays including:
• Project Coordination and communication with City's project manager. Prepare status reports,
invoices and maintain project files.
• Attend 3 additional meetings required to complete the project design.
2. Prepare exhibits for the City of Tigard Virtual Open House upon completion of the Conceptual
Design. Exhibits for the virtual open house were not included in the original scope of work.
3. Develop a HUD stormwater information form provided by Washington County staff.
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 KPFF,INC.
Signature Signature
Steve Rymer Curtis C. Vanderzanden / Principal
Printed Name Printed Name
06/02/2021 June 2, 2021
Date Date
i
:a
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C200092/Amendment 2
Contract Start Date: 5/6/30 Contract End Date: 12 31 22
Contract Title: Frewing Street Sidewalk Infill Engineering Services
Contractor Name: KPFF, Inc.
Contract Manager: Jeff Peck
Department: Public Works—Engineering Division
Contract Costs
Original Contract Amount: $91,362.29
Total All Previous Amendments: $8,448.75
Total of this Amendment: $24,225.55
Total Contract Amount: $124,036.59
Procurement Authority
Contract Type: Personal Services
Procurement Type: Intermediate RFP <=$150K
Solicitation Number:rL
LCRB Date: rL
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2021/22 460-8000-56005 95064-140 $24,225.55
FY
Contracts & Purchasing Approval
Purchasing Signature: Machelle Stephens
Comments: Add Task 8 to the scope of work, extend contract and increase compensation.
DocuSign Routing
Route for Signature Name Email Address
Contractor Curtis C. Vanderzanden curt.yanderzanden(c-kpff.com
Principal
City of Tigard Steve Rymer
Final Distribution
Contractor Curtis C. Vanderzanden Curtis.vanderzanden@kpf£com
Peter Craig, PE Peter.craig@kpff.com
Project Manager Jeff Peck
Shauna Large
Buyer Machelle Stephens
DocuSign Envelope ID:9507DB20-9682-4857-8A00-A4C91BE1E220
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT NUMBER 0200092
FOR
FREWING STREET SIDEWALK INFILL
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and KPFF,Inc.,hereinafter referred to as Contractor,is hereby amended as follows:
1. Scope of Services
Section 1 of the Contract is amended to add Task 8. Exhibit B Scope of Services shall be replaced in
its entirety with attached Exhibit B2 Scope of Services.
2. Effective Date and Duration
Section 2 of the Contract is amended to provide that the expiration date is December 31, 2022.
3. Compensation
Section 3 of the Contract is further amended to increase the total potential compensation payable
under the Contract by $24,225.55 for a not to exceed amount of $124,036.59. Total payments to
Contractor for Services, including but not limited to Services added by this Amendment Number 2,
shall not exceed that new total without further amendment of the Contract. The not to exceed amount
includes all rates and payments as provided in Exhibit C2 to be made pursuant to this agreement,
including reimbursable expenses,if any.
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 KPFF,INC.
D...Sig..d by: Docu3ignetl by:
{tut �KAW uY}iS C. V4 c"m"Ajw
6i34F4F5o220IICg.. `1C1538DF3E08468...
Signature Signature
Steve Rymer Curtis C. vanderzanden
Printed Name Printed Name
10/6/2021 10/6/2021
Date Date
Rev.8/21
DocuSign Envelope ID:9507DB20-9682-4857-8A00-A4C91BE1E220
EXHIBIT B2
SCOPE OF SERVICES
Contractor agrees to provide professional services as described below:
PROTECT OVERVIEW
This project consists of providing engineering services for sidewalk infill along Frewing Street between
Ash Avenue and Pacific Highway, which received funding through the Washington County
Community Development Block Grant (CDBG) program. The project will construct approximately
1000 linear feet of sidewalk, new driveway connections, and storm drainage improvements to collect
and convey runoff.
CITY TASKS
It is assumed the City will be responsible for the following:
1. Overall project Management
2. Clean Water Services coordination/permitting if required.
3. Provide as-built records, GIS shapefiles and preliminary project development information.
4. Provide City of Tigard General Conditions,Bid Schedule example, Bid Item Description
example, Special Provisions example
5. Perform primary construction inspection and contract administration.
TASK 1 PROJECT MANAGEMENT
Provide project management, coordination, and direction of the engineering team to complete the
project. Establish quality control management and designate responsibility of technical work
deliverables and products. A locally based project manager is required.
1.1 Project Coordination. Provide coordination and communication with City's project
manager, team, and affected agencies and stakeholders. Prepare status reports,invoices and
maintain project files.
1.2 Project Schedule. Prepare a project schedule for City approval. The schedule will define the
anticipated process for project delivery,including significant project milestones. The
schedule will be used for planning and monitoring progress.
1.3 Meetings. Periodic team meetings with city Project Manager to review project development.
Task 1 Assumptions:
• Design phase of the project is assumed to be April 2020 - December 2020.
• City project manager will complete all stakeholder coordination and public involvement.
Task 1 Deliverables:
• Final scope and schedule.
• Meeting agendas and minutes (assume three 1-hour meetings).
• Monthly status and pay requests.
TASK 2 SITE EVALUATION AND DATA COLLECTION
2.1 Data Collection. Obtain and review the following information before finalizing the site survey
requirements.
• As-built records from City for project area.
• GIS base map (shapefiles) for tax lots,utilities, environmental overlays, and recent aerial
photo.
DocuSign Envelope ID:9507DB20-9682-4857-8A00-A4C91BE1E220
• City's preliminary project development information.
• Design plans for a stormwater culvert and replacement project in the project envelope.
2.2 Topographic Survey. Engineer shall obtain existing topographic survey and right of way
information along the sidewalk corridor from the centerline west curb line or edge of pavement of
Frewing Street to 20 feet past the easterly right of way line, from the south end of the project (Ash
Ave/Frewing St Intersection),to the north end of the project (driveway at 9975 SW Frewing Street).
Topographic survey will include utility locate information provided through the One Call locate
service. Engineer shall prepare an AutoCAD Civil 3D base map to be used for the project design.
The survey work will include:
Survey research. Review survey records for past surveys,plats and road records for establishment of
right of way line and easement boundaries within the project area.
Establish horizontal and vertical control. Establish survey control and tie existing monumentation
necessary to establish the existing right of way, property lines within the project limits. Run vertical
control from nearest City/County bench mark. Datum will be based on the City of Tigard's datum.
Topographic survey. Complete topographic survey will include all features pertinent to the design of
the proposed sidewalk including edge of pavement,driveways,trees,signs,utility structures and locate
paint marks as marked in response to a locate request with the Oregon Utility Notification Center.
Task 2 Assumptions:
• Title reports will not be required for each parcel to determine the existence and location of
any easements in the project area.
• Private utility locates or potholing service will not be required.
• A preconstruction record of survey will not be required.
• Geotechnical exploration and percolation testing will not be required.
Task 2 Deliverables:
• Topographic survey in hardcopy and AutoCAD format.
TASK 3 DESIGN ENGINEERING
3.1 Concept Design. Design includes providing plan view layout sheets of sidewalk and curb along
the project corridor based on topographic survey. Engineer to provide preliminary stormwater
conveyance design within the roadway and a preliminary stormwater memo addressing conveyance,
water quality and flow control intent. See Task 4 for stormwater requirements. Engineer to submit a
preliminary construction cost estimate.
3.2 60% Design. The 60% submittal includes providing plan and profile sheets of the sidewalk
improvements and stormwater design addressing CDBG environmental compliance review.
Comments from the Concept Design will be incorporated into the 60% submittal.Engineer to submit
a construction cost estimate with the 60% submittal package.
Plan and profile drawings will be prepared on 11" x 17" plan sheets, with 1"-40' (max) horizontal
scale.
Plan sheets expected in the drawing set shall include the following:
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• Cover Sheet with Vicinity Map and Sheet Index.
• General Notes,Abbreviations, Legend Sheet.
• Sidewalk Plan and Profile Sheets.
• Storm Drainage Plan Sheets.
• Erosion Control Plan and Detail Sheets.
3.3 90% Plans, Specifications, Bid Item Descriptions, and Cost Estimate. A 90% submittal will be
based on the determined sidewalk alignment and will include plans, specifications, bid item
descriptions, and a construction cost estimate. The Engineer will provide Special Provisions based
on Oregon Standard Specifications for Construction 2018.
The Engineer shall meet with the City following submittal to discuss comments/revisions. City
comments will be incorporated into the final submittal.
• Cover Sheet with Vicinity Map and Sheet Index.
• General Notes,Abbreviations,Legend Sheet.
• Sidewalk Plan and Profile Sheets.
• Storm Drainage Plan and Profile Sheets.
• City Standard Detail and Project Specific Detail Sheets (i.e. Driveway connections).
• Erosion Control Plans and Detail Sheet.
• ODOT Standard Traffic Control Plans.
3.4 Final Plans, Specifications,Bid Item Descriptions, and Bid Schedule. Final Plans, specifications,
bid item descriptions, and a bid schedule will be prepared for the City. Comments from the 90%
design review meeting will be incorporated into the final design package. One electronic copy of the
construction drawings and contract bid package will be provided to the City.
3.5 Utility Coordination. Coordinate with private utilities, including power, phone, cable, fiber, for
relocation of a utility pole and overhead utilities in the right-of-way adjacent to 9799 SW Frewing
Street.
3.6 Arborist Services. Evaluate the root structures of two large trees impacted by the location of the
proposed sidewalk at 9725 SW Frewing St. Determine health of the trees,provide best construction
practices to protect the trees,or recommendations for tree removal if needed. Recommendations to
be provided on the plans.
Conduct one (1) site visit to assess the condition of existing trees and determine potential impacts
based on the Conceptual Design. Visually assess existing individual trees identified on the survey and
collect inventory data including species, size and general condition; observations will be limited to
what can be seen and measured from public rights of way. Assumes fewer than 20 trees.This site visit
will include an on-site meeting with the design team and City's Project Manager to review the
Conceptual Design in terms of potential tree impacts, with a focus on identifying trees that may be
impacted by the project, the health of these trees, best construction practices and design alternatives
to protect the trees, and recommendations for tree removal where appropriate. The site visit shall
follow the City's review of the Conceptual Design, as the 60% Design commences.
Site visit findings and recommendations shall be recorded in a technical memorandum to the City.
Task 3 Assumptions:
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• Contract Documents will be based on Oregon Standard Specifications for Construction
2018 and bid items.
• City and CDBG will provide front end specifications to be incorporated including but not
limited to City of Tigard General Conditions.
• Landscape/irrigation plans not required.
• Lighting not required.
Task 3 Deliverables:
• Conceptual Design
Roll-out map for public open house with an aerial background.
Plans,preliminary construction cost estimate, and summary memo in electronic format.
• 60%Design
Plans, construction cost estimate, arborist report and drainage report in electronic format.
Technical memorandum documenting Arborist's field review and recommendations
• 90%Design
Plans, specifications, construction cost estimate,bid item descriptions in electronic format.
• Final plan, specifications,bid item descriptions,and bid schedule in electronic format.
TASK 4 STORMWATER ANALYSIS
Complete hydrologic and hydraulic analysis for the stormwater improvements. Determine effective
stormwater management facilities addressing Clean Water Services (CWS) requirements for
hydromodification, water quality and flow control. The City is requesting stormwater design to
incorporate Low Impact Development Approach (LIDA) using pervious concrete as the preferred
sidewalk surfacing.
Stormwater management preliminary design to be reviewed for environment compliance by US Fish
and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA). At
Concept Design, preliminary stormwater memo addressing water quality, flow control (if necessary),
and conveyance for roadway runoff to a discharge point currently under design at the Frewing Street
low point. Conceptual Stormwater Design shall be submitted to CDBG staff for environmental
review. The Endangered Species Act Guidance for Oregon is included in Attachment G for reference.
4.1 Site Evaluation. Site groundwater and soil conditions will be evaluated based on NRCS Custom
Soils Report data only. No geotechnical investigations are anticipated.
4.2 Hydrologic Modeling. A hydrologic analysis of the existing site will be completed using current
CWS guidelines.
4.3 Stormwater Facility Design. The City requests the design to incorporate Low Impact
Development Approach (LIDA) using pervious concrete as the preferred sidewalk surfacing.
Conveyance design to meet CWS Standards. Should additional water quality measures be required for
roadside drainage,the City expects the design to incorporate proprietary structures (water quality catch
basin) within the roadway.
4.4 Drainage Report. A Drainage Report will be prepared in accordance with CWS Standards,
summarizing the efforts listed above.
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Task 4 Assumptions:
• No testing,monitoring, or sampling will be completed.
• No geotechnical investigation will be completed.
Task 4 Deliverables:
• Concept Stormwater layout plans and stormwater memo for CDBG Environmental review.
• Drainage Report to be submitted at 60% design.
TASK 5 PERMITTING AND APPROVALS
5.1 CWS Permitting
- Engineer shall prepare and submit CWS Pre-Screen and a Sensitive Areas Certification form
and coordinate with CWS for issuance of a service provider letter.
CDBG to submit conceptual stormwater design and 60% Design (if necessary) to NOAA
and USFW for environmental compliance.
- City to submit 90% Design to CWS for stormwater connection authorization letter.
5.2 CDBG Approval. City to submit final plans to CDBG staff for approval prior to bidding.
Task 5 Assumptions:
• No environmental delineating or permitting will be required.
• No tree removal or City grading permit will be required.
• All permit application fees will be paid by City.
• A 1200-CN Permit will not be required.
Task 5 Deliverables:
• Service Provider Letter to be issued by CWS.
• Stormwater Connection Authorization Letter to be issued by CWS.
• CDBG staff approval prior to bidding.
TASK 6 RIGHT OF WAY ACQUISITION
6.1 Right-of-way Acquisition. It is anticipated that right-of-way acquisition will be limited to obtaining
temporary construction easements (TCEs) to blend the interface of new sidewalk improvements to
existing driveways.
• Prepare up to 12 exhibit maps showing area behind right-of-way impacted by construction.
Exhibits to show dimensions and square footage of impacted area on each lot.
• City will negotiate for use of TCEs with each property owner.
• City to prepare TCE forms for signature.
Task 6 Assumptions:
• No right-of-way will be required for the project.
• TCEs will not be recorded.
Task 6 Deliverables:
• Exhibit maps for temporary construction easement.
• City staff to negotiate driveway TCEs with property owners.
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TASK 7 BIDDING
7.1 Bidding. Engineer shall coordinate with the city to prepare an electronic invitation to bid,provide
assistance to bidder inquiries, and respond to addenda questions as required.
Task 7 Assumptions:
• City of Tigard will prepare the bid package and bid the project.
• No Construction Phase services are included.
Task 7 Deliverables:
• Electronic Invitation to Bid documents.
TASK 8 Construction Services
Engineer shall assist the City with periodic inspections, review contractor requests for information,
attend construction meetings, and provide record drawings according to the following.
8.1 Pre-construction Meeting. Attend and respond to questions from contractor (Assume 3-
hr mtg).
8.2 RFI review. Review and respond to 5 RFIs within two working days of receiving each RFI.
8.3 Site Visits.
• Weekly Monday Morning Meetings (assume 12, 1-hour mtgs)
• Periodic Site Inspections (assume 15, 2-hr visits)
8.4 Substantial Completion Walk-thru. Attend a walkthrough with City and Contractor. Assist
with generating a punch list for the contractor. (Assume 3-hr mtg).
8.5 Record Drawings
• Survey as constructed locations of catch basins, manholes, and outlet pipes.
• Obtain rim and invert elevations of structures.
• Prepare record drawings showing new and abandoned in-place facilities.
• Show plan changes identified in the field.
• Provide PDF of record drawings to City.
Task 8 Deliverables:
• Written responses to BFI's,including necessary supporting drawing revisions or exhibits
• Site inspection reports or summary emails as necessary
• Record drawings submitted electronically (PDF)
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DocuSign Envelope ID:9507DB20-9682-4857-8A00-A4C91BE1E220
Constmcdon Services 2r4l 0 0 94 20 0 0 4 4 0 0 12 177 $ 24,225.55 $ - $ 24,225.55
8.1 Pmconstmcti—Fleeting 0 4 0 0 4 0 0 0 0 0 U 0 0 8 $ 1,167.44 $ $ 1,167.44
Attend pre�onstcccdoe meeting 4 4 8 $ 1,167.44 $ 1,167.44
8.2 AFI Review 0 5 0 0 10 0 0 0 0 0 0 0 0 15 E 2,075.25 $ $ 2,075.25
Review and eespond to RFPs(up co 517 5 10 15 $ 2,075.25 $ 2,075.25
8.3 Site Visits 0 12 0 0 24 01 0 0 0 0 0 0 0 36 $ 4,980.60 $ $ 4,980.60
Attend weekly co mtings(up w 12) 12 24 36 $ 4980.60 $ 41980.60
Site inspections(up to 15)n m 10 30 40 $ 5,382.40 $ 5,382.40
8.4 Substantial Completion Walk-tbm 0 6 0 0 6 0 0 0 0 0 0 0 0 12 $ 1,751.16 $ $ 1,751.16
Attend walk-tbm and provide summazy memo 6 6 12 $ 1,751.16 $ 1,751.16
8.5 Record Drawings 0 0 0 0 0 0 0 0 4 4 0 0 12 20 $ 3,248.84 $ $ 3,248.84
Postconstmctionutilitysutvey 4 4 12 20 $ 3,248.84 $ 3248.84
Prep—xe®td dnwings 2 4 20 20 46 $ 5,619.86 $ 5,619.86
Page 1 of 1
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST ACCOMPANYEVERY CONTRACT
Contract Title: Engineering Services for Frewing Sidewalk Infill Number: C200092
■ 1
Contractor: KPFF, Inc. Contract Total: $91,362.29
Contract Overview: This project consists of providing engineering services for sidewalk infill along
Frewing Street between Ash Avenue and Pacific Highway,which received funding
through the Washington County Community Development Block Grant (CDBQ
program. The project will construct approximately 1000 linear feet of sidewalk,new
driveway connections, and storm drainage improvements to collect and convey
runoff.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps: Site walk with consultant to verify scope of work and fee proposal
Risk Comments: Insurance in the contract is sufficient related to the risk.
Risk Signature: Jennifer Curran 5/6/2020
Contract Manager:Teff Peck Ext: Department: Engineering
Type: ❑ Personal Svc ® Professional Svc ❑ Public Imp ❑ General Svc ❑ Coop Purchase
❑ Other: Start Date: 5/6/20 End Date: 6/30/21
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
KPFF 366
Century West Engineering 360
AKS Engineering 357
WH Pacific 292
RH2 Engineering 282
CESNW 266
Froelich Engineering 226
Account String: Fund-Division-Account Work Order—Activity Tyne Amount
FY 2019/20 460-8000-56005 95064-130 $25,000.00
FY 2020/21 460-8000-56005 95064-130 $66,362.29
FY
FY
FY
Approvals - LCRB Date: N/A
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature: '" d
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
f
,t
Contract # C200092
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES FOR THE FREWING STREET SIDEWALK INFILL
IMPROVEMENT PROJECT
THIS AGREEMENT,made and entered into this 6th day of May 2020,by and between the City of
Tigard,a municipal corporation,hereinafter referred to as the"City," and KPFF,Inc., 111 SW 5`'Ave
#2600, Portland, OR 97204,hereinafter referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2020 and 2021 budget provides for the engineering services for
the Frewing Street Sidewalk Infill project; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City; and
WHEREAS,the City desires to engage the Contractor to render professional engineering services for
the project described in this Agreement, and the Contractor is willing and qualified to perform such
services;
WHEREAS, this Agreement for services and the work it will carry out is being funded in whole or
in part with funding from the U.S. Department of Housing and Urban Development through the
Washington County Office of Community Development CDBG program;
WHEREAS, the U.S. Department of Housing and Urban Development Community Development
Block Grant Contract Clauses are incorporated as Exhibit A;
THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby
agree as follows:
1. Scope of Services
Contractor will perform professional Engineering services in accordance with the terms and
conditions set forth herein, and as provided in Exhibit B,which is attached hereto and by this
reference made a part of this Agreement.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on June 30, 2021, unless
otherwise terminated or extended. All work under this Agreement must be completed prior to
the expiration of this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to
exceed"amount of Ninety-One Thousand Three Hundred Sixty-Two and 29/100 Dollars
($91,362.29) without prior written authorization. The "not to exceed" amount includes
all rates and payments as provided in Exhibit C to be made pursuant to this Agreement,
including reimbursable expenses, if any. Nothing in this Agreement requires the City to
pay for work that does not meet the standard of care that would ordinarily be used by
similar professionals in this community in similar circumstances or other requirements of
the Agreement. The actual amount to be paid to Contractor may be less than the "not to
exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement
as provided below. The City will pay Contractor based on these invoices for acceptable
work performed and approved until the "not to exceed" amount is reached. Thereafter,
Contractor must complete work based on the Agreement without additional
compensation unless there is a change to the scope of work.
C. Any estimate of the hours necessary to perform the work is not binding on the City.
Contractor remains responsible if the estimate proves to be incorrect. Exceeding the
number of estimated hours of work does not impose any liability on the City for additional
payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor
will submit billings to City periodically, but not more frequently than monthly. Payment
by the City releases the City from any further obligation for payment to Contractor for
service or services performed or expenses incurred as of the date of the statement of
services. Payment will be made only for work actually completed as of the date of invoice.
Payment will not be considered acceptance or approval of any work or waiver of any
defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a
form satisfactory to the City. At a minimum,each billing will identify the task order under
which such work is performed, work completed during the billing period, percentage of
work completed to date, and percentage of budget used to date for each task. Billings
must also include Contractor's employer identification number or social security number,
as the City deems applicable.
F. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City
on any account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund
from the contractor or any subcontractor.
5) If Contractor fails,neglects,or refuses to make prompt payment of any claim for labor
or services furnished to Contractor or a subcontractor by any person as such claim
becomes due, City's Finance Director may pay such claim and charge the amount of
the payment against funds due or to become due the Contractor. The payment of the
claim in this manner does not relieve Contractor or their surety from obligation with
respect to any unpaid claims.
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6) Contractor will 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
Contractor, of all sums that Contractor agrees to pay for the services and all moneys
and sums that Contractor collected or deducted from the wages of employees pursuant
to any law,contract,or agreement for the purpose of providing or paying for services.
7) Contractor 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.
8) Contractor must 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.
9) The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
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 the property of Contractor; however, the City may request, at
no additional cost,one set of previously approved reproducible drawings,as well as storage
device such as thumb drive or SD card in "DWG" or "DXF" format, of the original
drawings of the work. The City has unlimited authority to use the materials received from
Contractor in any way the City deems necessary.
B. The City may make copies,for the use of and without cost to Contractor,of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the
Contractor 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 Contractor will 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 Contractor at no additional expense to the City, except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless
and until the other party has consented. If City agrees to assignment of tasks to a
subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them. Neither the approval by City of any subcontractor nor
anything contained herein creates any contractual relation between the subcontractor and
City. The provisions of this Agreement are binding upon and will inure to the benefit of the
parties to the Agreement and their respective successors and assigns.
6. Status of Contractor as Independent Contractor
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Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore,in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor 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 Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. Conflict of Interest
The undersigned Contractor 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 Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his
or her normal charge for the type of service provided.
8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a waiver or release. Acceptance
of documents by City does not relieve Contractor of any responsibility for design
deficiencies,errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to 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 Contractor 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 is found to be illegal or invalid for any reason whatsoever,
such illegality or invalidity does not affect the validity of the remainder of this
indemnification.
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C. Claims for Professional Liability. Contractor agrees to 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 Contractor or its
subcontractors, sub-consultants, agents or employees in performance of professional
services under this agreement. Any work by Contractor that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities will be considered
a professionally negligent act, error, or omission.
D. As used in subsections B and C of this section, a claim for professional liability 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 Contractor,
regardless of the type of claim made against the City in performance of this Agreement.
A claim for other than professional liability is a claim made against the City in which the
City's alleged liability results from an act or omission by Contractor unrelated to the quality
of professional services provided by Contractor in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain, at Contractor'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 must
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
Contractor must obtain, at Contractor's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act, error, or omission in the rendering of or failure to render Professional
Services. Combined single limit per claim may not be less than$2,000,000,or the equivalent.
Annual aggregate limit may not be less than$3,000,000 and filed on a"claims-made" form.
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C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence may not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will 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 may not be less than $2,000,000.
D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must 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. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
F. Extended Reporting Coverage
If any of the required 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, if less than 24 months, the maximum time-period Contractor's insurer will
provide. Contractor 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
Coverages provided by the Contractor 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"ANII" 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
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will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. 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, Contractor will furnish a
Certificate of Insurance to the City. No contract is 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 below address prior to coverage
expiration.
J. Primary Coverage Clarification
The parties agree that Contractor's coverage is 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.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution,and errors and omissions policies required by this
Agreement.
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
OR
ContractsPurchasingk tigard-or.gov
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 will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. Method & Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will be made in writing and may be given by personal delivery,
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mail,or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The
following addresses will be used to transmit notices, bills,payments, and other information:
OFFY OF TIGA x—MFF,IN .
Attn: Jeff Peck Attn: Peter Craig, PE
Address: 13125 SW Hall Blvd Address: 111 SW 5`'Ave #2600
Tigard, OR 97223 Portland, OR 97204
Phone: (503) 718-2466 Phone: (503) 542-3885
Email: jeffp@tigard-or.gov Email: peter.craig@kpff.com
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving written notice pursuant
to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. 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 will be effective unless and until it is made in
writing and signed by both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
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 Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
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Any such termination of this Agreement under paragraph (A) will 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 Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or 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 (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not 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), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use (for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheet, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. Force Majeure
Neither City nor Contractor will 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
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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 will within
ten (10) days from the beginning of such delay, notify the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor 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.
19. Hours of Labor, Pay Equity
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage, salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
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C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules, and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. Errors
Contractor will 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.
22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. Warranties
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and materials are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement, will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests,liabilities, charges, and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees, expenses, costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict between a provision in the main body of the
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Agnve nwni And a tmivision in the Exhibim the twiOsion in sIic niftin b,Ay cif the Agm-e hent%nU
v mtnil. In the a vem..cif art inc unsLwncy between Exhibit B;md Exlb-bit C,Exhibit 0 wiA constol_
28. a i'
C, nm.iccor will rMu'ntain records to assure cvnformanee With the ttrnis and ce.mdttions of this
Agreem-ent and to assure adect;uaw perFormance and accurate expenditures within the contract
periad. Contractor agrees to permit CIr , t}tr Stage of Orcgon, the fedcra.l governmrnt, ar
their duly authorized rep ntativr;to audi.t a33 rccor&pettmnung to this Agreement rdP insure
r31e accurarc cxpcndirurc of funds_
29. Severabiliry
In the rvt°nt ;anv preyvis'Wrn err tx)rtkPn (if this.r '"anent is held to be unenfutceable; or invalid.
lay an} court of rompetcnt jurisdiction,the vsliidity of the rctnaiUMg tell tts and pmnisions'x'ilI
not h�- imp;Uired unless the illepl OF unenfameable pro%linion afFccts a significant right or
resp«n.sibility,. in which cast the adcenciy affected past- pray request rcriepaiatirm of the
Agreem-ent md, if neef. iations fail, may tcrmirute the Agreement-
AO_ Comnliance vuith'Y'ax Lases
Cootrnctur t ser is anti wamn", tbae c_;cinrmcwr is, to the best of the Underrsignod's
knowkvige, rkor in �it Marion+Ff aw C3 tFn tax laws including but not iitttited w C)" :313.620
and QRS Chapters 316. 317,and 318. Cvnrracrt1r's ftilurr to cc}tnply with tlrr tax laws of this
state car a political subdivisivn of this state beftim the Ctmtractvr executed this.4wetrnent or
during the terra of this Agreement is a def; ult for which the City may terminate this Agrcement
and seek damage% and other reiief available under the turns of this Agreement or applirahk
law.
IN 19 TTN " WHEREOF,Oty and[x rntmetor have c au4od t3hiq Ag rncti"t to he executod bti th r
c u)y authfvHz d Ciffic:ial:;�.
CITY OF TIGARD KPFF.INC.
By; �IC?-TA'I Y'5 7NF01
Martha Wine Curtiq C_ Vanclgrzanden
City Manager TAU: Principal
:Clr:
Datc 5/11/2020 Date- b 612020
1' ;Lgk
Pei-BA Templatt-3(Re"'scd 7/24l11
EXHIBIT A
CDBG STANDARD TERMS AND CONDITIONS ADDENDUM
This contract and the work it will carry out is being funded in whole or in part with
funding from the U.S. Department ofHousing and Urban Development through the
Washington County Office of Community Development CDBG program.
1. Access to Records and Retention of Records
The CDBG recipient, Washington County Office of Community Development, the U.S.
Department of Housing and Urban Development, the Comptroller General of the United States,
or any of their duly authorized representatives, shall have access to any books, documents,papers,
and records of the contractor which are directly pertinent to this contract,for the purpose of making
audit, examination, excerpts, and transcriptions. All required records must be maintained by the
contractor for three years after the recipient makes final payments and all other pending matters are
closed.
2. Section 3 of the Housing and Community Development Act (Applicable to contracts/
subcontracts of$100,000 or more when the rec pient received a total of$200,000 or more in federal funding.)
In hiring or soliciting businesses for goods, services or other types of work,consideration must first
be given to local residents and firms. The work to be performed under this contract is on a project
assisted under a program providing direct federal financial assistance from the U.S. Department of
Housing and Urban Development and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968,as amended, 12 USC 170(1)(u). Section 3 requires that to the
greatest extent feasible opportunities for training and employment be given to lower income
persons residing in the project's City and County, and contracts for work in connection with the
project be awarded to eligible business concerns which are located, or owned in substantial part by
persons residing,in the project City and County.
3. Emerging-Small ESB). Minority-owned (MBE) and Women-owned (WBW
Business Enterprises (44blicable to contracts/subcontracts ofS25.000 or more in,federal undin ..,)
Affirmative steps must be taken to assure that small, minority and women-owned businesses and
firms located in labor surplus areas are used when possible as sources of supplies, equipment,
construction and services. Affirmative steps shall include the following:
a. Include any such qualified firms on solicitation lists.
b.Assure that such firms are solicited whenever they are potential sources.
c.When economically feasible, divide total requirements into smaller tasks or quantities so as to
permit such firms maximum opportunities for participation through subcontracting.
d.Where possible, establish delivery schedules which will encourage such participation.
e. Use the services and assistance of the Small Business Administration, the Office of Minority,
Women and Emerging Small Business (State of Oregon) and other sources when appropriate.
4.Prohibition on the Use of Federal Funds for Lobbyin�(Applicable to contracts/subcontracts of
$100,000 or more in federal funding.)
The contractor hereby certifies that:
a. No federal funds have been paid or will be paid, by or on behalf of the City of Corvallis, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
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connection with the awarding of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement. b. If any funds other than federal funds have been paid or
will be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
local government shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying,"in accordance with its instructions.
5. Equal Employment Opportunity
Contractor shall comply with the requirements of Executive Order 1246, "Equal Employment
Opportunity," as amended by Executive Orders 11375, "Amending Executive Order 11246 Relating
to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Chapter 60,
"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of
Labor," which provide that no person shall be discriminated against on the basis of race, color,
religion, sex or national origin in all phases of employment during the performance of federal or
federally assisted construction contracts. Contractors and subcontractors on federal and federally
assisted construction contracts shall take affirmative action to insure fair treatment in employment,
upgrading, demotion, or transfer;recruitment or recruitment advertising.
6. Debarment and Suspension
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR Chapter 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," which provide that no person
shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases
of employment during the performance of federal or federally assisted construction contracts.
Contractors and subcontractors on federal and federally assisted construction contracts shall take
affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising.
7.Termination of Contract
Termination by Owner:
1) Without Cause
This contract and the work it will carry out is being funded in whole or in part with funding from
the U.S. Department of Housing and Urban Development through the Washington County Office
of Community Development CDBG program. The owner may terminate this contract: 1) In the
event that the grant funds are rescinded in part or in whole; or 2) If the work is stopped under an
order of any court,or other public authority, for a period of thirty (30) calendar days,through no act
or fault of the owner, owner's employees, or legal representatives.
2) With Cause
The owner may terminate this contract if the contractor is in substantial breach of the provisions
contained in the contract documents and/or repeatedly fails to: • Comply with federal, state, and
local laws and regulations; • Provide for the safety of all occupants and public at large during the
execution of the work; • Properly pay subcontractors or suppliers for material or labor; • Correct
defective work; or
•Progress in a timely manner which demonstrates that the contractor can complete the project within
the specified time-frame.
The contractor, upon receipt of written notice from the owner to terminate this contract, shall: 1)
Cease operation in a manner that protects and preserves work already performed. 2) Instruct all
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subcontractors to cease work and cancel all special orders with suppliers. 3) Leave the work site in a
condition that is free of hazards to occupants and the public.
If the owner terminates the contract, the contractor may be eligible to receive payment for all work
completed, and for material orders already in progress and for which cancellation is not possible.
Payment is contingent upon the same inspection and approval procedures by owner and grantor as
specified for progress payments. If the owner terminates this contract with cause, the owner may
withhold payment until all work is otherwise completed by reasonable means determined by owner.
If the unpaid balance of this contract is not sufficient to cover reasonable costs incurred by the owner
to complete the work, the contractor shall pay the difference to the owner. If the unpaid balance of
this contract is in excess of the reasonable costs incurred by the owner to complete the work, then
the owner shall pay the difference to the contractor. Reasonable costs include architect fees,
administrative fees, and other expenses made necessary by the above causes.
Termination by Contractor may terminate this contract if: • Work is stopped under an order of any
court, or other public authority, for a period of thirty (30) calendar days, through no act or fault of
the contractor, contractor's employees, subcontractors, or other persons or agents performing work
under direct or indirect contract with the contractor; • Work is stopped due to a declared state of
emergency by government action; • Owner fails to make payment within the time-frame and
conditions stated in the Contract Documents;•Owner repeatedly,through no fault of the contractor,
contractor's employees, subcontractors, or other persons or agents performing work under direct or
indirect contract with the contractor, causes delay of the work; and, such delay constitutes in excess
of 100 percent of the total number of days scheduled for completion of the work specified in the
Contract Documents.
Termination by Mutual Consent Both parties may terminate this contract by mutual written consent.
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EXHIBIT B
SCOPE OF SERVICES
Contractor agrees to provide professional services as described below:
PROJECT OVERVIEW
This project consists of providing engineering services for sidewalk infill along Frewing Street between
Ash Avenue and Pacific Highway, which received funding through the Washington County
Community Development Block Grant (CDBG) program. The project will construct approximately
1000 linear feet of sidewalk, new driveway connections, and storm drainage improvements to collect
and convey runoff.
CITY TASKS
It is assumed the City will be responsible for the following:
1. Overall project Management
2. Clean Water Services coordination/permitting if required.
3. Provide as-built records, GIS shapefiles and preliminary project development information.
4. Provide City of Tigard General Conditions, Bid Schedule example,Bid Item Description
example, Special Provisions example
5. Perform primary construction inspection and contract administration.
TASK 1 PRO-JECT MANAGEMENT
Provide project management, coordination, and direction of the engineering team to complete the
project. Establish quality control management and designate responsibility of technical work
deliverables and products. A locally based project manager is required.
1.1 Project Coordination. Provide coordination and communication with City's project
manager, team, and affected agencies and stakeholders. Prepare status reports,invoices and
maintain project files.
1.2 Project Schedule. Prepare a project schedule for City approval. The schedule will define the
anticipated process for project delivery,including significant project milestones. The
schedule will be used for planning and monitoring progress.
1.3 Meetings. Periodic team meetings with city Project Manager to review project development.
Task 1 Assumptions:
• Design phase of the project is assumed to be April 2020 - December 2020.
• City project manager will complete all stakeholder coordination and public involvement.
Task 1 Deliverables:
• Final scope and schedule.
• Meeting agendas and minutes (assume three 1-hour meetings).
• Monthly status and pay requests.
TASK 2 SITE EVALUATION AND DATA COLLECTION
2.1 Data Collection. Obtain and review the following information before finalizing the site survey
requirements.
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• As-built records from City for project area.
• GIS base map (shapefiles) for tax lots, utilities, environmental overlays, and recent aerial
photo.
• City's preliminary project development information.
• Design plans for a stormwater culvert and replacement project in the project envelope.
2.2 Topographic Survey. Engineer shall obtain existing topographic survey and right of way
information along the sidewalk corridor from the centerline west curb line or edge of pavement of
Frewing Street to 20 feet past the easterly right of way line, from the south end of the project (Ash
Ave/Frewing St Intersection), to the north end of the project (driveway at 9975 SW Frewing Street).
Topographic survey will include utility locate information provided through the One Call locate
service. Engineer shall prepare an AutoCAD Civil 3D base map to be used for the project design.
The survey work will include:
Survey research. Review survey records for past surveys, plats and road records for establishment of
right of way line and easement boundaries within the project area.
Establish horizontal and vertical control. Establish survey control and tie existing monumentation
necessary to establish the existing right of way, property lines within the project limits. Run vertical
control from nearest City/County bench mark. Datum will be based on the City of Tigard's datum.
Topographic survey. Complete topographic survey will include all features pertinent to the design of
the proposed sidewalk including edge of pavement,driveways,trees, signs,utility structures and locate
paint marks as marked in response to a locate request with the Oregon Utility Notification Center.
Task 2 Assumptions:
• Title reports will not be required for each parcel to determine the existence and location of
any easements in the project area.
• Private utility locates or potholing service will not be required.
• A preconstruction record of survey will not be required.
• Geotechnical exploration and percolation testing will not be required.
Task 2 Deliverables:
• Topographic survey in hardcopy and AutoCAD format.
TASK 3 DESIGN ENGINEERING
3.1 Concept Design. Design includes providing plan view layout sheets of sidewalk and curb along
the project corridor based on topographic survey. Engineer to provide preliminary stormwater
conveyance design within the roadway and a preliminary stormwater memo addressing conveyance,
water quality and flow control intent. See Task 4 for stormwater requirements. Engineer to submit a
preliminary construction cost estimate.
3.2 60% Design. The 60% submittal includes providing plan and profile sheets of the sidewalk
improvements and stormwater design addressing CDBG environmental compliance review.
Comments from the Concept Design will be incorporated into the 60% submittal. Engineer to submit
a construction cost estimate with the 60% submittal package.
Plan and profile drawings will be prepared on 11" x 17" plan sheets, with 1"=40' (max) horizontal
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scale.
Plan sheets expected in the drawing set shall include the following:
• Cover Sheet with Vicinity Map and Sheet Index.
• General Notes,Abbreviations,Legend Sheet.
• Sidewalk Plan and Profile Sheets.
• Storm Drainage Plan Sheets.
• Erosion Control Plan and Detail Sheets.
3.3 90% Plans, Specifications, Bid Item Descriptions, and Cost Estimate. A 90% submittal will be
based on the determined sidewalk alignment and will include plans, specifications, bid item
descriptions, and a construction cost estimate. The Engineer will provide Special Provisions based
on Oregon Standard Specifications for Construction 2018.
The Engineer shall meet with the City following submittal to discuss comments/revisions. City
comments will be incorporated into the final submittal.
• Cover Sheet with Vicinity Map and Sheet Index.
• General Notes,Abbreviations,Legend Sheet.
• Sidewalk Plan and Profile Sheets.
• Storm Drainage Plan and Profile Sheets.
• City Standard Detail and Project Specific Detail Sheets (i.e. Driveway connections).
• Erosion Control Plans and Detail Sheet.
• ODOT Standard Traffic Control Plans.
3.4 Final Plans, Specifications,Bid Item Descriptions, and Bid Schedule. Final Plans, specifications,
bid item descriptions, and a bid schedule will be prepared for the City. Comments from the 90%
design review meeting will be incorporated into the final design package. One electronic copy of the
construction drawings and contract bid package will be provided to the City.
3.5 Utility Coordination. Coordinate with private utilities, including power, phone, cable, fiber, for
relocation of a utility pole and overhead utilities in the right-of-way adjacent to 9799 SW Frewing
Street.
3.6 Arborist Services. Evaluate the root structures of two large trees impacted by the location of the
proposed sidewalk at 9725 SW Frewing St. Determine health of the trees, provide best construction
practices to protect the trees, or recommendations for tree removal if needed. Recommendations to
be provided on the plans.
Conduct one (1) site visit to assess the condition of existing trees and determine potential impacts
based on the Conceptual Design.Visually assess existing individual trees identified on the survey and
collect inventory data including species, size and general condition; observations will be limited to
what can be seen and measured from public rights of way.Assumes fewer than 20 trees.This site visit
will include an on-site meeting with the design team and City's Project Manager to review the
Conceptual Design in terms of potential tree impacts, with a focus on identifying trees that may be
impacted by the project, the health of these trees, best construction practices and design alternatives
to protect the trees, and recommendations for tree removal where appropriate. The site visit shall
follow the City's review of the Conceptual Design, as the 60%Design commences.
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Site visit findings and recommendations shall be recorded in a technical memorandum to the City.
Task 3 Assumptions:
• Contract Documents will be based on Oregon Standard Specifications for Construction
2018 and bid items.
• City and CDBG will provide front end specifications to be incorporated including but not
limited to City of Tigard General Conditions.
• Landscape/irrigation plans not required.
• Lighting not required.
Task 3 Deliverables:
• Conceptual Design
Roll-out map for public open house with an aerial background.
Plans,preliminary construction cost estimate, and summary memo in electronic format.
• 60% Design
Plans, construction cost estimate, arborist report and drainage report in electronic format.
Technical memorandum documenting Arborist's field review and recommendations
• 90%Design
Plans, specifications, construction cost estimate, bid item descriptions in electronic format.
• Final plan, specifications,bid item descriptions, and bid schedule in electronic format.
TASK 4 STORMWATER ANALYSIS
Complete hydrologic and hydraulic analysis for the stormwater improvements. Determine effective
stormwater management facilities addressing Clean Water Services (CWS) requirements for
hydromodification, water quality and flow control. The City is requesting stormwater design to
incorporate Low Impact Development Approach (LIDA) using pervious concrete as the preferred
sidewalk surfacing.
Stormwater management preliminary design to be reviewed for environment compliance by US Fish
and Wildlife Service (USFWS) and National Oceanic and Atmospheric Administration (NOAA). At
Concept Design, preliminary stormwater memo addressing water quality, flow control (if necessary),
and conveyance for roadway runoff to a discharge point currently under design at the Frewing Street
low point. Conceptual Stormwater Design shall be submitted to CDBG staff for environmental
review. The Endangered Species Act Guidance for Oregon is included in Attachment G for reference.
4.1 Site Evaluation. Site groundwater and soil conditions will be evaluated based on NRCS Custom
Soils Report data only. No geotechnical investigations are anticipated.
4.2 Hydrologic Modeling. A hydrologic analysis of the existing site will be completed using current
CWS guidelines.
4.3 Stormwater Facility Design. The City requests the design to incorporate Low Impact
Development Approach (LIDA) using pervious concrete as the preferred sidewalk surfacing.
Conveyance design to meet CWS Standards. Should additional water quality measures be required for
roadside drainage,the City expects the design to incorporate proprietary structures (water quality catch
basin) within the roadway.
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4.4 Drainage Report. A Drainage Report will be prepared in accordance with CWS Standards,
summarizing the efforts listed above.
Task 4 Assumptions:
• No testing,monitoring, or sampling will be completed.
• No geotechnical investigation will be completed.
Task 4 Deliverables:
• Concept Stormwater layout plans and stormwater memo for CDBG Environmental review.
• Drainage Report to be submitted at 60% design.
TASK 5 PERMITTING AND APPROVALSs
5.1 CWS Permitting
- Engineer shall prepare and submit CWS Pre-Screen and a Sensitive Areas Certification form
and coordinate with CWS for issuance of a service provider letter.
CDBG to submit conceptual stormwater design and 60%Design (if necessary) to NOAA
and USFW for environmental compliance.
- City to submit 90%Design to CWS for stormwater connection authorization letter.
5.2 CDBG Approval. City to submit final plans to CDBG staff for approval prior to bidding.
Task 5 Assumptions:
• No environmental delineating or permitting will be required.
• No tree removal or City grading permit will be required.
• All permit application fees will be paid by City.
• A 1200-CN Permit will not be required.
Task 5 Deliverables:
• Service Provider Letter to be issued by CWS.
• Stormwater Connection Authorization Letter to be issued by CWS.
• CDBG staff approval prior to bidding.
TASK 6 RIGHT OF WAY ACQUISITION
6.1 Right-of-way Acquisition. It is anticipated that right-of-way acquisition will be limited to obtaining
temporary construction easements (TCEs) to blend the interface of new sidewalk improvements to
existing driveways.
• Prepare up to 12 exhibit maps showing area behind right-of-way impacted by construction.
Exhibits to show dimensions and square footage of impacted area on each lot.
• City will negotiate for use of TCEs with each property owner.
• City to prepare TCE forms for signature.
Task 6 Assumptions:
• No right-of-way will be required for the project.
• TCEs will not be recorded.
Task 6 Deliverables:
• Exhibit maps for temporary construction easement.
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• City staff to negotiate driveway TCEs with property owners.
TASK 7 BIDDING
7.1 Bidding. Engineer shall coordinate with the city to prepare an electronic invitation to bid,provide
assistance to bidder inquiries, and respond to addenda questions as required.
Task 7 Assumptions:
• City of Tigard will prepare the bid package and bid the project.
• No Construction Phase services are included.
Task 7 Deliverables:
• Electronic Invitation to Bid documents.
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