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DKS Associates ~ File No. 0475 i CITY OF TIGARD, OREGON CONTRACT FOR ENGINEERING SERVICES THIS AGREEMENT, made and entered into this 301h day of August,2002, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and DKS Associates, 1400 SW 5th Ave, Suite 500, Portland, OR 97201, whose authorized representative is Brian K. Copeland, PE, Senior Transportation Engineer; and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." WITNESSETH: WHEREAS, the FY 2002-03 operating budget provides funds for the downtown commuter rail study; 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. IN CONSIDERATION of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit I, which is attached hereto and by this reference made a part of this Agreement. 2. Engineer's Fee A. Basic Fee. (1.) As compensation for Basic Services as described in Exhibit I of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of six thousand nine hundred ninety dollars ($6,990.00) 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 isnot 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. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail- Downtown Study-File No.0475 DKS Associates Page 1 1' i 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 consultant 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 I 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 rare available and authorized for expenditure to finance costs of,this contract. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 2 3. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG"or"DXF'format, of the original drawings of the work. 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. 4. Engineer is Independent Contractor A. Engineer's,services shall be provided under the general supervision of City's project director or his/her designee, but Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 2 of this Agreement. B. In the event Engineer is to perform the services described in this Agreement without the assistance of others, Engineer hereby agrees to file a joint declaration with City to the effect that Engineer's services are those of an independent contractor, as provided under Chapter 864 Oregon Laws 1979. C. Engineer acknowledges that for all purposes related to this agreement, Engineer is and shall be deemed to be an independent contractor and not.an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all 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. D. 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. E. 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. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 3 F. 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. G. Engineer certifies that it currently has a City of Tigard business license or will obtain one prior to delivering services under this Agreement. H. Engineer is not an officer, employee, or agent of the City of Tigard as those terms are used in ORS 30.265. 5. Indemnitv The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer warrants that all 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 an Engineer's work by the City shall not operate as a waiver or release. Acceptance of construction documents by owner does not relieve consultant of any responsibility for design deficiencies, errors or omissions. Engineer agrees to indemnify and defend the City, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs(at both trial and appeal level,whether or not a trial or appeal ever takes place)that may arise from the Engineer's negligence in performance of the work described in this contract, except liability arising out of the negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under State or Federal worker's compensation laws. 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. 6. 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 all 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 subcontractor 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 (11986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 4 Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,0000000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 B. 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 including coverage for all owned, hired, and non- owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. C. 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 to obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. D. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All liability insurance policies will be endorsed to show this additional coverage. E. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. F. Insurance Carrier Rating Coverage provided by'the Engineer must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study- File No.0475 DKS Associates Page 5 certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Engineer is not an officer, employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification All parties to this contract hereby agree that the Engineer's coverage will be primary in the event of a loss. J. 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 contract. Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a rcertificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Agustin P. Duenas, P.E. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor'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. 7. 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. 8. 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: CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 6 (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 12 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. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study- File No.0475 DKS Associates Page 7 9. 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. 10. Method And Place Of Giving Notice, Submittinq Bills And Making Payments. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Agustin P. Duenas, P.E., City Engineer 13125 SW Hall Blvd. Tigard, Oregon 97223 CONTRACTOR DKS Associates 1400 SW 5"'Avenue Suite 500 Portland, OR 97201 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. 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. 11. 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. 12. Professional Services: The City requires that services provided pursuant to this agreement shall be provided to the City by a Engineer which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an attorney 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 on an attorney 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 Ten days to eliminate the conflict to the satisfaction of the City. If such conflict isnot eliminated'within the specified time period, the agreement may be terminated pursuant to Section 8(B-3) of this agreement. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 8 13. 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. 14. 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 659.425, and all regulations and administrative rules established pursuant to those laws. 15. 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. 16. Extra (Changes) Work: Only the City Engineer may authorize extra (and/or changes)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. 17. Governinq 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. 18. 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 setJorth in ORS 279.310 to 279.320. 19. 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. CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 9 20. 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. 21. 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 remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 22. Complete Agreement: This Agreement and attached exhibits constitutes the entire Agreement between the parties. 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 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. By: Agu ti P. Duenas, P.E. City Engineer Date: ♦JAPE' I�-� zo© Z ENGINEE By: IX-A DKS Asi �� L. Print Name&Title Date: CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 10 EXHIBIT Duty of Engineer A. Basic Services: The Engineer shall render.professional engineering services as described in the attached proposal dated September 3. 2002, titled "Ti and Commuter Rail Downtown Study- File#0475 - Traffic Engineering Proposal". Revised 10/25/00-documerO CONTRACT FOR ENGINEERING SERVICES-Commuter Rail-Downtown Study-File No.0475 DKS Associates Page 11 DKS Associates 1400 SWgnAvenue, Suite 500 Portland, OR 97201 Phone: (503)243-3500 Fax: (503)243-1934 September 3, 2002 Agustin P. Duenas, P.E. City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Subject: Tigard Commuter Rail Downtown Study - File#0475 Traffic Engineering Proposal A0206-102 Dear Gus: DKS Associates is pleased to present the following proposed scope of services and budget for providing transportation services associated with the construction of a proposed commuter rail. platform and park and ride facility in downtown Tigard. The park and ride lot would consist of 120 stalls and would be located just south of the railroad tracks with access onto Main Street. DKS will prepare a traffic study analyzing the impacts of the proposed Commuter Rail Project on the downtown area as outlined in this proposal. Scope of Services Task 1 - Field Review/Data Collection DKS will review existing conditions in the field to gain an understanding of existing circulation and potential traffic issues. Based on discussions with you,DKS will conduct AM and PM peak hour turn movement counts at the following three locations: • SW Main Street/Commercial Street • SW Main Street/Tigard Street • SW Main Street/SW Burnham Street DKS will review existing documentation relating to the Commuter Rail Project, including the Wilsonville to Beaverton Commuter Rail Environmental Assessment(EA) and the preliminary engineering plans for the commuter rail improvements.DKS will include relevant information from these documents in the traffic study. Any additional traffic data will be provided by the City. Task 2 - Commuter Rail Park and Ride Impacts DKS will estimate vehicle trip generation for the proposed commuter rail park and ride facility. Trip generation estimates will be based on ITE's Trip Generation Manual and recent surveys of other X:\PROPOSAL\2002W02X06-102 TIGARD COMMUTER RAIL STUDY\scope.doc August 7,2002 Gus Duenas, P.E. Page 2 park and ride lots. Estimated traffic generated by the commuter rail park and ride facility will be added to baseline traffic along Main Street to determine the traffic impacts. DKS will perform traffic analysis at the following four intersections for year 2005 conditions (year of opening for Commuter Rail Project): • SW Main Street/Park and Ride Access • SW Main Street/Commercial Street • SW Main Street/Tigard Street • SW Main Street/SW Burnham Street All traffic analysis will utilize Highway Capacity Manual (HCM 2000)methodology. DKS will evaluate the impacts of the single access point along Main Street on the downtown roadway network.This evaluation will include an assessment of vehicle queuing at the rail crossing. Vehicle queuing analysis will also be performed at the study intersections to determine stacking needs for these intersections and how these needs relate to the rail crossing. DKS will investigate the feasibility of relocating the Main Street access or adding a second access to the park and ride lot in the future. Evaluation of access alternatives will consider the extension of Walnut Street as shown in the recently-adopted Transportation System Plan (TSP). This task will include an evaluation of potential safety issues for pedestrians, bicyclists, and motoristsin the downtown area as a result of the commuter rail crossing. Finally,DKS will recommend potential short and long-term improvements to improve safety and traffic and pedestrian circulation in the study area and will provide planning level costs for each. Task 4 - Report DKS will prepare and submit a report summarizing the findings from Task 1 and 2 above. This report will include the following: • Recommended pedestrian,bicycle, and traffic improvements as a result of commuter rail. • Recommended short-term improvements that can be implemented within this fiscal year(prior to the end of June 2003). • Recommended short-term improvements that can be implemented over the next two fiscal years (prior to the end of June 2004). • Recommended longer-term improvements (two to ten years)to improve traffic circulation, pedestrian circulation, and safety. • Planning level cost information on each of these recommended improvements. One meeting with the City has been included in this task to present findings. Schedule DKS will submit a draft report to the City of Tigard for review within four weeks of authorization to proceed. It is anticipated that a draft reportcan be delivered to the City by the middle of September.DKS will respond to one unified set of comments from the City within one week of receiving such comments. X:\PROPOSAL\2002\A02X06-102 TIGARD COMMUTER RAIL STUDY\scope.doc ` August 7,2002 Gus Duenas, P.E. Page 3 Budget The proposed budget is summarized in Table 1 below. Table 1 -Proposed DKS Budget for Downtown Tigard Commuter Rail Analysis Task 'Hours Labor Budget Expenses Total PM PE 1 -Field Review/Data Collection 3 7 $910 $800 $1,710 2-Commuter Rail Park and Ride Impacts 10 30 $3,600 $200 $3,800 4-Report 4 15 $1,380 $100 $1480 Total 17 52 $5,890 $1,100 $6,990 PM is Project Manager(Brian Copeland) PE is Project Engineer(Scott Mansur) Please call if you have any questions.Thank you. Sincerely, DKS Associates A Corporation Brian K. Copelan , E Senior Transportation Engineer X:\PROPOSAL\2002W02X06-102 TIGARD COMMITTER RAIL STUDY\scope.doc