AMEC Inc ~ CP13001 CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
FANNO CREEK SLOPE STABILIZATION—SW ARTHUR COURT
CIP#93009—CONTRACT#CP13001
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and AMEC Environment & Infrastructure, Inc., hereinafter referred to as Contractor, entered
into on the 10`" day of July,2012,is hereby amended as follows:
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 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
Seventy One Thousand Three Hundred Eleven and No/1490 Dal4ftrs ($74,341.00)
Seventy Three Thousand Sixty One and No/100 Dollars ($73,061.00) without
prior written authorization.
EXHIBIT 1- SCOPE OF WORK
TASK 1—DESIGN DEVELOPMENT
3. Geotechnical Investigations — Engineer will perform a site reconnaissance to locate borings and
observe slope conditions. Borings will be advanced at each site using a limited access tracked drill rig
to depths of 40 feet. Laboratory testing of selected soil samples will be performed to estimate
engineering index properties. Based on the laboratory results Engineer will perform a slope stability
analysis and develop options for bank repair. One brief engineering report covering both the SW
Arthur Court and SW Copper Creek Drive sites (estimated at 3-5 pages) will be prepared with
conclusions and recommendations for bank repair.
Engineer will Perform one additional boring for soil sample north of current site as shown on
attached map (Attachment A)e
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 OFTIGARD AMEC ENVIRONMENT&INFRASTRUCTURE
Signature Signature ),
!-�Z�-'- 0'(2-0 12_ 4 .,
Printed Name Printed Wame
M c� -��1�� . C0, :e � L I
Date Date
ATTACHMENT A
ADDITIONAL DRILLING LOCATION MAP
City of Tigard
13125 SW Hall Blvd.
CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT #3 SUMMARY FORM
Phone- (503) 639-4171
Fax- (503) 684-7297
Is www.ti rd-or. ov
Project Title: Bank Stabilization at Arthur Ct Pro ect plana er: G Berry x2468
Contractor:AMEC Inc. Original Contract#: CP13001
Effective Dates: 7/10/12—6/30/14 Chane Order/Amendment Amount: $14,800
Accounting String: 93009-500-130 500-8000-56005 Amendment Percentage Running Total: i q�,
AMENDMENT DETAILS
1. Amend contract to design the structural earth wall with GEOPIER SR'ff"' slope enforcement instead
of the Mechanically Stabilized Earth TM SE wall
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount 71,311.00
Amendment#1 1,750.00
Amendment#2 4,885.00
Amendment#3 14,800.00
TOTAL CONTRACT AMOUNT 92,746.00
REASONING FOR CHANGE ORDER/AMENDMENT
The project was originally designed by the project consultant with a Mechanically Stabilized Earth TM SE
retaining wall. During the course of design, another slope stabilization method, GEOPIER SRTTM came to the
attention of the consultant. The consultant is proposing a $14,800 fee amendment to revise the contract
documents This change in design will result in $102,200 expected savings during construction. In addition,
SRT allows stabilization work to be done with less impact to areas near surrounding homes.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature Signature
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for Signature
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
I:\ENG\l -Active Projects\93009 Fanno Creek Bank Stabilization\2012 Project\Contracts\AMSC\Amendment_Summary#3 AMEC.doex
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
FANNO CREEK SLOPE STABILIZATION—SW ARTHUR COURT
CIP#93009—CONTRACT#CP13001
AMENDMENT #3
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and AMEC Environmental& Infrastructure, Inc., hereinafter referred to as Contractor, entered
into on the 1Oth day of July,2012,is hereby amended as follows:
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 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
{$77;346x80} Ninety Two Thousand Seven Hundred Forty Six and No/100
Dollars ($92,746.00)without prior written authorization.
SCOPE OF WORK
TASK 2-DETAILED DESIGN
2. Prepare Detailed Design — Based on the approved design report from Task 1 Engineer will
advance the drawings to approximately 60% completion. Initially design refinements will be made to
incorporate any comments received from the design development review meeting. In addition
major details will be developed for key design features. These details will lead to refinements in
proposed grading and dimensioning. The plan will evaluate construction access and the need for
temporary construction easements if required (see Optional Activities under Task 3). The Detailed
Design submittal will also update planting plans and the plant palette for the refined plan. Special
specifications will be developed for: a) the structural earth wall design wall replacing the MSE
wall with GEOPIER SRTTM slope enforcement / segmental block walls, b) temporary shoring,
C) control and diversion of water,and d)other key design elements.
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 AMEC ENVIRONME T&INFRASTRUCTURE,INC.
Signature Signature
Printed Name Printed Name
cz. / I 1 ' s 1a - 3 - 13
Date Date
IZ Geo
Total Project Cost Summary-SRT vs MSE
Existing MSE Design-Total Project Cost
Existing Construction Cost Estimate $ 594,342
Sheet Pile Walls for MSE Design $ 117,000
Existing AMEC Contract Authorization $ 77,946
Total Project Cost--MSE Design $ 789,288
Proposed SRT-Design Total Project Cost
SRT Design Total Project Cost
SRT Construction Cost Estimate $ 594,342
Existing AMEC Contract Authorization $ 77,946
Proposed AMEC Contract Amendment` $ 14,800 AMEC Tasks to Revise Plans for SRT;
Total Project Cost-SRT Design $ 687,088
1 Revise Grading Plan, Develop Prop'd Sections and Details $ 6,800
Savings over MSE Design: $ 102,200 2 Revise the Hydraulic Model, Report Results $ 1,900
3 Revise the Permit, Project Description:Additional Agency Meetings $ 3,400
4 Revise Plans, Details and Notes $ 2,700
Notes:
Total Proposed AMEC Contract Amendment $ 14,800
1. High end of SRT estimate is same cost as MSE wall in previous AMEC estimate.
2. Proposed AMEC Contract Amendment Breakdown at right.
(Atj•of Tigard
13125 SW Hall Blvd.
i CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT #2 SUMMARY FORM Phone- (503)639-4171
Fax- (503) 684-7297
tvWw- «ard-or, o
Project Title: Bank Stabilization at Arthur Ct Project Manager: G Berry x2468
Contractor: AMEC Inc. Ori al Contract#: CP 13001
Effective Dates: 7/10/12—6/30/14 Chane Order/Amendment Amount: $4,885
Accounting String: 93009-500-130 500-8000-56005 Amendment Percentage Running Total: 9%
AMENDMENT DETAILS
1. Prepare a Biological Assessment and submit for approval as described in the Scope of Services as
Optional services Task 0900
2. Resubmit Oregon Department of State Lands permits on revised forms
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract Amount 71,311.00
Amendment #1 1,750.00
Amendment#2
BiolopicalAssessment LS 1 4,055 4,055.00
Resubmit DSL permits on revised forms LS 1 830 830.00
AMENDMENT #2 TOTAL 4,885.00
TOTAL CONTRACT AMOUNT j 77,946.00
REASONING FOR CHANGE ORDER/AMENDAIENT
Biological Assessments are sometimes required by regulatory agencies. At the time of contracting, the need for a
Biological Assessment was unknown. A description of the work was included in the proposal but the cost was
not included in the contract. Approval of this amendment would add the cost of the work to the contract.
During a period the contractor was directed to suspend work, the DSL revised its permit forms and is now
requiring the contractor to resubmit the permits on the revised forms.
REQUESTING PROJECT MANAGER ITY F
01 Signature ature
�►• /f3 � r `�d
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the ori inal contract. Date
CITY OF TIGARD,OREGON -Z
AMENDMENT TO CONTRACT a(e6 8O
FANNO CREEK SLOPE STABILIZATION—SW ARTHUR COURT
CIP#93009—CONTRACT#CP13001
AMENDMENT #2
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and AMEC Environment & Infrastructure, Inc., hereinafter referred to as Contractor, entered
into on the 10`h day of July,2012,is hereby amended as follows:
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described'in Exhibit 1 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 riot exceed the amount
of Seventy Three Thousand Sixty Otte aftd No/100 Dellats ($73,061.00�
Seventy Seven Thousand Nine Hundred Forth Six and No/100 Dollars
($77,946.00)without prior written authorization
SCOPE OF WORK
TASK 2-DETAILED DESIGN
1. PREPARE ENVIRONMENTAL PERMIT APPLICATION—ADD:Resubmit Oregon Department of
State Lands permits applications on revised forms as required by the Department
ADD FROM AMEC'S PROPOSAL: OPTIONAL TASK 9 — BIOLOGICAL ASSESSMENT — Prepare a
Biological Assessment as required by permitting agencies
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 AMEC ENVIRONMENT&I RASTRUCTURE
Signature r jj�ture
LY` Z- L,
Printed Name Printed Name
� -fib - 13
Date Date
i
Contract
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
FANNo CREEK SLOPE STABILIZATION—SW ARTHUR COURT
CIP#93009
THIS AGREEMENT, made and entered into this 10`'' day of July, 2012, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and AMEC Environment &
Infrastructure, Inc., whose authorized representative is Phil Pommier, PE, and having a principal being a
registered engineer of the State of Oregon, hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2012-2013 budget provides for engineering services on the City's Fanno
Creek Slope Stabilization project at SW Arthur Court (#93009),and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the public works improvement program of the City;and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for the
project described in this Agreement, and the Engineer is willing and qualified to perform such services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
1. Engineer's Scope of Services
The Engineer shall perform professional engineering services relevant to the Project in accordance
with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached
hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the City's Local Contract
Review Board, and shall expire,unless otherwise terminated or extended, on completion of the work
or June 30, 2014,whichever comes first. All work under this Agreement shall be completed prior to
the expiration of this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 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
Seventy One Thousand Three Hundred Eleven and No/100 Dollars ($71,311.00)
without prior written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Engineer and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost, the Engineer's compensation will
not be adjusted unless the Scope of Services to be provided by the Engineer changes
and is authorized and accepted by the City.
u
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings shall
be submitted by the Engineer periodically, but not more frequently than monthly. Payment
by the City shall release the City from any further obligation for payment to the engineer for
service or services performed or expenses incurred as of the date of the statement of
services. Payment shall be made only for work actually completed as of the date of invoice.
Payment shall not be considered acceptance or approval of any work or waiver of any
defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for the City
the professional and technical services based on the hourly rate schedule as described in
Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other than lump
sum fees to substantiate all charges. For such purposes, the books of account of the
Engineer shall be subject to audit by the City. The Engineer shall complete work and cost
records for all billings on such forms and in such manner as will be satisfactory to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer identification number, as designated by
the Internal Revenue Service, or social security number, as the City deems applicable.
F. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of Engineer
or all sums which Engineer agrees to pay for such services and all moneys and sums
which Engineer collected or deducted from the wages of employees pursuant to any
law, contract or agreement for the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying services or
materials for work covered under this contract. Engineer shall not permit any lien or
claim to be filed or prosecuted against the City on any account of any service or
materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor,
materials, or services furnished to Engineer, sub-consultant or subcontractor by any
person as such claim becomes due, City may pay such claim and charge the amount
of the payment against funds due or to become due to the Engineer. The payment
21Ila ge
of the claim in this manner shall not relieve Engineer or their surety from obligation
with respect to any unpaid claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as instruments
of service, are and shall remain, the property of the Engineer; however, the City, shall be
furnished, at no additional cost, a diskette in "DWG" or "DXF" format, of the original
drawings of the work. The City shall have unlimited authority to use the materials received
from the Engineer in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by the
Engineer pursuant to this Agreement, and also make available any other maps, records, or
other materials available to the City from any other public agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests
which were developed in the course of work for the City and for which compensation has
been received by the Engineer at no additional expense to the City except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Engineer
shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by
them, and neither the approval by City of any subcontractor nor anything contained herein shall be
deemed to create any contractual relation between the subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but Engineer is
not subject to the direction and control of the City. Engineer shall be an independent
contractor for all purposes and shall be entitled to no compensation other than the
compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges
Engineer's status as an independent contractor and acknowledges that Engineer is not an
employee of the City for purposes of workers compensation law, public employee benefits
law, or any other law. All persons retained by Engineer to provide services under this
contract are employees of Engineer and not of City. Engineer acknowledges that it is not
entitled to benefits of any kind to which a City employee is entitled and that it shall be solely
responsible for workers compensation coverage for its employees and all other payments
and taxes required by law. Furthermore, in the event that Engineer is found by a court of
law or an administrative agency to be an employee of the City for any purpose, City shall be
entitled to offset compensation due, or to demand repayment of any amounts paid to
Engineer under the terms of the agreement, to the full extent of any benefits or other
remuneration Engineer receives (from City or third party) as a result of said finding and to
the full extent of any payments that City is required to make (to Engineer or to a third party)
as a result of said finding.
31PaL,e
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from the Engineer, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically declared
in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed
his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar
year by any public employer participating in the Retirement System.
F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior to
delivering services under this Agreement.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. Indemnity
A. The Citi- has relied upon the professional ability and training of the Engineer as a material
inducement to enter into this Agreement. Engineer represents to the City that the work
under this contract will be performed in accordance with the professional standards of skill
and care ordinarily exercised by members of the engineering profession under similar
conditions and circumstances as well as the requirements of applicable federal, state and
local law=s, it being understood that acceptance of an Engineer's work by the City shall not
operate as a waiver or release. Acceptance of documents by City does not relieve Engineer
of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless
the City of Tigard,its officers, agents, and employees from all claims, suits, or actions and all
expenses incidental to the investigation and defense thereof, of whatsoever nature, including
intentional acts resulting from or arising out of the activities of Engineer or its
subcontractors, sub-consultants, agents or employees under this contract. If any aspect of
this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality
or invalidity shall not affect the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Engineer shall defend, save and hold harmless the City of
Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses
incidental to the investigation and defense thereof, arising out of the professional negligent
acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or
employees in performance of professional services under this agreement. Any design work
by Engineer that results in a design of a facility that is not readily accessible to and usable by
individuals with disabilities shall be considered a professionally, negligent act, error or
omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or indirectly, in
whole or in part, from the quality of the professional services provided by Engineer,
41f.' e , c
regardless of the type of claim made against the City. A claim for other than professional
responsibility is a claim made against the City in which the City's alleged liability results from
an act or omission by Engineer unrelated to the quality of professional services provided by
Engineer.
8. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover 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 subcontractors shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate $4,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 2,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by an error, omission
or any negligent acts. Combined single limit per claim shall not be less than $1,000,000, or
the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed on a
"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at architect's expense, and keep in effect during the term of the
contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an "occurrence" form including coverage for all owned, hired, and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000.
D. Workers' Compensation Insurance
The Engineer,its subcontractors,if any, and all employers providing work,labor or materials
under this Contract are subject employers under the Oregon Workers' Compensation Law
and shall comply with ORS 656.017,which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must
provide Oregon workers' compensation coverage for their workers who work at a single
51Pagc
i
location within Oregon for more than 30 days in a calendar year. Engineers who perform
work without the assistance or labor of any employee need not obtain such coverage. This
shallinclude Employer's Liability Insurance with coverage limits of not less than $100,000
each accident.
E. Additional Insured Provision
All policies aforementioned, other than Professional Liability, shall include the City its
officers, directors, and employees as additional insureds with respect to this contract.
Coverage will be endorsed to provide a per project aggregate.
F. Extended'Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will provide such
if less than 24 months. Engineer will be responsible for furnishing certification of Extended
Reporting coverage as described or continuous "claims made" liability coverage for 24
months following contract completion. Continuous "claims made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a per project
aggregate.
G. Insurance Carrier Rating
Coverage provided by the Engineer must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s)
with an unacceptable financial rating.
H. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall furnish a
Certificate of Insurance to the City. No contract shall be effected until the required
certificates have been received and approved by the City. The 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.
I. Primary Coverage Clarification
The parties agree that Engineer's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
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.
The City reserves the right to request 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 certificate in form satisfactory to City certifying to the issuance of such insurance. If the
City requests such copies they shall be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
61f' .tc
Tigard, Oregon 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 Engineer's liability
hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any
damage,injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph, it
shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or
at such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase
under this Agreement.
3) If any license or certificate required by law or regulation to be held by Engineer, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied, revoked, or not renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if
there is an assignment for the benefit of creditors of Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice to
any obligations or liabilities of either party already-accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Engineer, may terminate
the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Engineer fails to perform any of the other provisions of this Agreement, or so fails
to pursue the work as to endanger performance of this agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten days or such other period as City may authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Engineer shall not be exclusive and are in addition to any other rights
and remedies provided by law or under this Agreement. If City terminates this Agreement
under paragraph (B), Engineer shall be entitled to receive as full payment for all services
satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the
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total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear
to the total services otherwise required to be performed for such total fee; provided, that
there shall be deducted from such amount the amount of damages, if any, sustained by City
due to breach of contract by Engineer. Damages for breach of contract shall be those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation
at trial and upon appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of this
Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment
to any extent of its rights to assert or rely upon such terms or rights on any future occasion.
12. Method and Place of Giving Notice Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and may be given by personal delivery, mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments,and other information:
CITY OF TIGARD AMSC ENVIRONMENT&INFRASTRUCTURE,INC.
Attn: Greg Berry Attn: Phil Pommier,PE
Address: 13125 SW Hall Blvd. Address: 7376 SW Durham Road
Tigard, Oregon 97223 Tigard, Oregon 97224
Phone: (503) 718-2468 Phone: (503) 639-3400
Fax: (503) 624-0752 Fax: (503) 620-7892
Email: greg@tigard-or.gov Email: hil.polnrrier@amec.com
and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and
payments shall be deemed given at the time of actual delivery. Changes may be made in the names
and addresses of the person to whom notices, bills and payments are to be given by giving written
notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the City by an
Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer
shall not engage services of an engineer and/or other professional who individually, or through
members of his/her same firm,represents clients on matters contrary to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the services of an
engineer and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests,Engineer shall consult with the appropriate City
representative regarding the conflict.
8 1 P a g e
After such consultation, the Engineer shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B - 3) of this agreement.
15. Force Majeure
Neither City not Engineer shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided
that the parties so disenabled shall within ten days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425,and all regulations and administrative rules established pursuant
to those laws.
17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the City's project manager may authorize extra (and/or change) work. Failure of Engineer to
secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract
price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to
no compensation whatsoever for the performance of such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work
under this Agreement,including those set forth in ORS 279C.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting
herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Engineer as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
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23. Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract period.
Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
25. Industrial Accident Fund Payment
Engineer shall pay all applicable contributions or amount due the Industrial Accident Fund form that
Engineer or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement and attached exhibit(s) 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/she has read
this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Architect has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD AMEC ENVIRONME &INFRASTRUCTURE,INC.
By: Martha Fine, City Manager By:Authorized Con actor Representative
-7 7 -7J - �
Date Date
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EXHIBIT 1
SCOPE OF WORK
The Engineer shall render professional engineering services as described below:
TASK 1—DESIGN DEVELOPMENT
Objective: To verify that the proposed concept is feasible,permittable,and constructible.
Activities:
1. Kick-off Meeting with City — Engineer will call and lead a meeting with the City to kick off the
project. (Note that all tasks, schedule, and fees assume both projects will be performed together as
described above). The purpose of the meeting will be to introduce project team members and
establish lines of communication. The meeting will discuss challenges to be expected with the work
and obtain the City's input for Engineer's approach to dealing with those challenges. Engineer
anticipates that the meeting will occur in City offices and will include three of Engineer's personnel
plus landscape and survey subconsultants.
2. Wetland Delineation — Immediately after the kick-off meeting Engineer wetland scientists will
begin the wetland delineation. The purpose of this task will be to locate jurisdictional wetlands that
may be impacted by the project. Engineer anticipates that a wetland delineation will be needed for
the Fanno Creek (Arthur Court) site only. Engineer will use data collected in the field to prepare
a Wetland Determination and Delineation Report suitable to support future permitting efforts with the
Oregon Department of State Lands (DSL) and U.S. Army Corps of Engineers (USACE). The
Wetland Determination and Delineation report will describe the results of the wetland delineation,
wetland Cowardin classifications, wetland and riparian functions assessment, and estimated buffer
and setback requirements based on applicable local, state, and federal regulations. The Wetland
Determination and Delineation Report will be prepared according to USACE and DSL regulations.
Figures showing the boundaries of identified wetlands, data sheets, and site photographs will be
included with the Wetland Determination and Delineation Report. The Wetland and Delineation
Report will be submitted to DSL for concurrence..
3. Geotechnical Investigations — Engineer will perform a site reconnaissance to locate borings and
observe slope conditions. Borings will be advanced at each site using a limited access tracked drill rig
to depths of 40 feet. Laboratory testing of selected soil samples will be performed to estimate
engineering index properties. Based on the laboratory results Engineer will perform a slope stability
analysis and develop options for bank repair. One brief engineering report covering both the SW
Arthur Court and SW Copper Creek Drive sites (estimated at 3-5 pages) will be prepared with
conclusions and recommendations for bank repair.
4. Topographic Surveys — Immediately following the wetland delineation SWLS will begin the
topographic surveys for each project site. The surveys will be done on state plane horizontal coordinates
and NGVD'29 vertical datum. This coordinate basis allows for registering floodplain and / or
other data on to the project maps in a later task. Complete details of the survey scope of work,
including a map delineating the areas to receive detailed survey measurements is attached in
Appendix A.
5. Prepare Design Development Drawings — Engineer will coordinate with the landscape
architect, geotechnical engineer and wetland scientist to prepare design development drawings
(approximately 30% complete) in one submittal for both sites. The design development drawings
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will utilize all field information obtained from the previous activities. It will focus on developing the
concepts presented in our January 2011 report to the level of feasibility (approximately 30%
complete). The design development will also carefully evaluate issues surrounding environmental
permitting and access for construction. See Appendix B for the complete scope of work for
landscape architecture services.
6. Design Development Submittal —The products of this task (submitted electronically as PDFs)
will include one or two drawings for each site (Arthur Court and Copper Creek Drive) illustrating
proposed bank stabilization schemes along with a brief (estimated at 3-5 pages) letter report
describing the recommended concepts. In addition the design development report will: a) describe
issues regarding environmental permitting, b) provide a recommended approach for permitting
(see next task), and c) update the concept-level engineer's construction cost estimate. While this
activity covers both project sites the fee shown for this task is for the SW Arthur Court site only.
7. Design Development Review Meeting — Engineer will coordinate and lead a design review
meeting to discuss the City's comments to the design development submittal and the need for optional
environmental permitting activities for the next task, if any. We anticipate that this meeting will
occur at City offices and that Engineer's project manager, project engineer and wetland scientist will
attend. Engineer will document the meeting results. This activity assumes that projects at both sites
(Arthur Court and Copper Creek Drive) will be discussed in a single meeting. The fee shown,
however,is for the SW Arthur Court site only.
Products:
• ltilinutes from Dick-off meeting
• Wetland delineation and report
• Topographic survey
• Geotechincal report with recommendations for slope stabilization
• Design Development submittal (as described above)
• Design Development review meeting minutes
Task 2—Detailed Design
Objective: To begin the environmental permitting process and advance the design from feasibility to
substantial completion (about 60%) and determine right-of-way requirements.
Activities:
1. Prepare Environmental Permit Applications — Based on the approved design report and design
development review meeting from Task 1, Engineer will begin the environmental permit process for
both sites. Engineer's wetland scientist will schedule pre-application meetings with the US Army
Corps of Engineers (USACE), Oregon Department of State Lands (DSL), and Clean Water Services
(CWS) to discuss the projects and preferred alternative,agency requirements, and permitting timelines.
Engineer will prepare a Joint Permit Application (JPA) for submittal to the Oregon DSL and
USAGE. Engineer will quantify the volume of removal/fill resulting from the project and the types
of habitat impacted. Engineer will provide permit application forms to the City in draft format for
review and comment. Comments received from the City will be incorporated into the final
version for submittal to the DSL and USAGE.
121PaLc
i
A CWS Standard Site Assessment Letter Report will be prepared that includes the Sensitive Area
Certification Form, Natural Resources Assessment with function assessment, and Vegetated
Corridor surrey. The condition of sensitive areas will be documented and potential project impacts
to these areas will be quantified. The Standard Site Assessment will be prepared in accordance with
Chapter 3 of the Clean Water Services Design and Construction Standards. Figures showing the
boundaries of vegetated corridors, data sheets, and site photographs will be included. Engineer will
submit the Standard Site Assessment to CWS to obtain a Service Provider Letter for the project.
Potential impacts to vegetated corridors and sensitive habitats and/or buffers will be identified
during the Wetland Determination Task above. Engineer will develop a Vegetated Corridor
Enhancement Plan to restore and enhance pre-existing habitat conditions in the project area.
The planting scheme will be consistent with pre-existing plant community and hydrological regime
conditions. The planting design will also account for invasive vegetation control and natural plant
succession,in order to provide sustainable vegetative communities.
The Vegetated Corridor Enhancement Plan will be submitted in draft format with 60% design drawings
for review and comment by the City and state and federal agencies, as appropriate. Comments received
from the City will be incorporated into the final vegetated corridor enhancement plan and 100%
design drawings for construction. Planting specifications will be included for bidding purposes. This
activity assumes that related work for the SW Copper Creek Drive site will be performed at the
same time. However, the fee shown for this task is for work related to the SW Arthur Court site
only.
Depending on the approved project configuration additional tasks may be required. These are listed at
the end of this task description as Optional Activities. Optional activities are services that may be
required but are not included in the fee estimate provided.
2. Prepare Detailed Design — Based on the approved design report from Task 1 Engineer will
advance the drawings to approximately 60% completion. Initially design refinements will be made to
incorporate any comments received from the design development review meeting. In addition major
details will be developed for key design features. These details will lead to refinements in proposed
grading and dimensioning. The plan will evaluate construction access and the need for temporary
construction easements if required (see Optional Activities under Task 3). The Detailed Design
submittal will also update planting plans and the plant palette for the refined plan. Special
specifications will be developed for: a) the structural earth wall / segmental block walls, b) temporary
shoring, c) control and diversion of water, and d) other key design elements.
3. Detailed Design Submittal — Engineer will submit electronically (as PDFs) the products of this
task which are anticipated to include: Title sheet (1), general notes sheet (1); standard erosion control
sheets (4), site plan / project layout sheets (2),grading plans (2 sheets),planting plans (2 sheets) and
detail sheets (2) for designs at each project site. The submittal will include a brief letter report (2-3
pages) identifying revisions from the design development phase and remaining key issues for the
design. The submittal will also include special specifications for key design elements (estimated at 10-
20 pages) and an updated engineer's construction cost estimate. This activity assumes simultaneous
preparation of a single set of construction documents covering two project sites. The fee shown,
however,is for the SW Arthur Court site only.
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4. Attend Detailed Design Review Meeting—Engineer will coordinate and lead this meeting at City
offices. The purpose of the meeting will be to discuss City comments to the Detailed Design
submittal and the need, if any, for optional services in the next task (see Task 3). We anticipate that
Engineer's project manager, project engineer and landscape architect will attend this meeting.
Engineer will prepare documentation for distribution to attendees. This one meeting will cover
City review comments for both sites, however, the fee indicated for this task assumes only the SW
Arthur Court site.
Products:
• Joint Permit Application to satisfy DSL removal / fill and USACE Section 404 requirements
• CWS Site Assessment
• Enhancement Plan
• Detailed Design (60%) submittal (as described above)
• Detailed Design review meeting notes
Optional Activities for the Detailed Design (if required):
The following tasks may be required at the SW Arthur Court site location based on: project impacts to
environmental resources or endangered species, discussion with environmental permitting agencies, or
project review by permitting agencies. Engineer will provide these services if required and if authorized
in writing by the City.
1. DSL Mitigation Plan - Engineer will work with the City to minimize potential impacts to
wetlands to the maximum extent practicable. If impacts cannot be avoided, Engineer will develop
mitigation plans to compensate for potential imp
nd macts resulting from project construction. The
wetland plan will describe existing site conditions, baseline and post-construction
ecological functions and values assessments, the proposed mitigation goals, objectives and actions,
long term maintenance and monitoring plans, and contingency plans. The wetland mitigation plans
will meet the substantive requirements of the DSL guidance for Compensatory Mitigation for Non-Tidal
Wetlands (OAR 141-085-0680 to 141-085-0765). The wetland mitigation plans will include a
description of permits necessary to perform the wetland mitigation, construction sequence,
proposed schedule, and cost estimates for implementation of the wetland mitigation.
To produce appropriate wetland mitigation plans, the design will attempt to replicate appropriate
representative wetland types for each site. The wetland types will be based on research obtained
from the historic and current site evaluations and information taken from adjacent reference sites.
The planting design will also take into consideration invasive vegetation control and natural plant
succession,in order to provide a sustainable habitat.
The wetland mitigation plans will be submitted in draft format with 60% design drawings for review
and comment by the City and state and federal agencies, as appropriate. Comments received from
the City will be incorporated into the final wetland mitigation plans and 100% design drawings for
construction. Planting specifications will be included for bidding purposes.
2. Biological Assessment - If federal agencies determine that Threatened and Endangered (T&E)
species are located in the vicinity= of the project construction area, a Biological Assessment (BA) may
be required. Engineer will prepare the BA to assess potential project impacts to the Endangered
Species Act (ESA) -listed species and their critical habitat. The analysis will be based on the final
design and proposed conservation/mitigation measures identified for the project. The BA will
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include both short- and long-term mitigation measures to implement during project construction and
use / maintenance of the impacted areas.
Engineer will provide the BA to the City in draft form for review and comment. Comments received
from the City will be incorporated into the final version for submittal to the USACE and other
federal agencies, as required. (A wildlife salvage plan is not included in this task.)
3. Cultural Resources Assessment - If the project cannot be permitted under a nationwide permit
that already complies with Section 106 of the National Historic Preservation Act, a separate
Cultural Resources Assessment will be required.
Engineer shall perform a cultural resources records surrey at the Oregon SHPO to identify known
archaeological and historic resources within the study area. The information reviewed will be used
in the preparation of the SHPO consultation letters and the cultural resource report Engineer will
prepare a consultation letter describing the area of potential effect (APE) and coordinate with the
Oregon SHPO to ensure that the APE has been adequately defined and that SHPO concurs with the
boundaries. Engineer will not coordinate with any Tribes unless requested by the lead agency.
Engineer's archaeologists shall visit the project site to perform a reconnaissance-level pedestrian
survey of the study area. Survey methods shall follow State of Oregon Archaeological Survey and
Reporting Standards. The pedestrian survey will cover 100 percent of the area of potential effect.
In addition, archaeologists will walk along the creek to inspect soil exposures along the channel for
cultural resources.
All sites and isolates identified during the survey shall be photographed and documented on the state
resource forms and maps. No artifacts will be collected.
Engineer shall prepare a report following the State of Oregon Archaeological Survey and Reporting
Standards. Site records and isolate forms shall be attached if cultural resources are identified during
the survey. The report shall include recommendations regarding the eligibility of each documented
resource for listing in the National Register of Historic Places. The report shall also include an
assessment of the potential effects of the proposed project on each significant cultural resource and
provide recommendations for mitigation.
A Finding of Effect letter will be prepared for the project and submitted to SHPO for review and
concurrence.
Task 3—Final Design
Objective: Progress the design to approximately 90% completion and obtain temporary construction easements
if required (see Optional Activities).
Activities:
1. Prepare No-Rise Certification — The SW Arthur Court project site lies within the regulatory
floodway of Fanno Creek. In accordance with City codes a no-rise certification will be required to
assure that proposed improvements will not increase the base flood elevation. Engineer will
prepare the hydraulic model and documentation required to support this finding and will certify that
these improvements will have no adverse effect on base flood elevations.. Any design revisions
which arise as a result of this effort will be incorporated into the final design for this site.
15111
2. Prepare Final Construction Documents — Initially Engineer will incorporate any comments
received from the City to the Detailed Design submittal. Construction contract documents will be
progressed to near completion including all required details, general notes and special specifications
for successful plan implementation. Planting plans and plant palette will be modified as required
to fit final project configuration and permit requirements. Plans and special specifications will
also be reviewed internally for conformance to geotechnical recommendations. If required by
geotechnical or constructability constraints temporary construction easements will be prepared as an
optional task (see below) based on project geometry as approved at the Detailed Design phase.
(Note—this task assumes one set of final construction documents and that the City will prepare`boiler
plate' construction contract documents such as: invitation to bidders, performance bond, payment
bond, construction contract form,general conditions, and instructions to bidders.)
3. Submit Final Construction Documents — Engineer will submit the products of this task as
follows: a) plans (8 full sets expected to be similar in layout to those described in Task 2,Activity 3)
at near final completion (approximately 909/6) will be submitted on full size sheets (22" by 34"), b)
special specifications (8 full sets at 81/2 x 11 format),c) updated construction cost estimate (one copy,
81/2 x 11 format), d) bid tabulation (one copy, 81/2 x 11) and e) transmittal letter. This activity
assumes simultaneous preparation of one set of construction drawings covering both project sites.
The fee for this activity,however,is for the SW Arthur Court project only.
4. Attend Final Design Review Meeting — Engineer will coordinate and lead one meeting at City
offices to review construction documents for both sites.The purpose of the meeting will be to discuss
City comments to the Final Design submittal. It's anticipated that Engineer's project manager,
project engineer and landscape architect will attend this meeting. Engineer will prepare
documentation for distribution to attendees. The fee shown for this task is for the SW Arthur Court
site only.
Products:
• No—rise certification
• Final design submittal (as described above)
• Notes from Final Design review meeting
Optional Activities for the Final Design (if required)
A. Temporary construction easements — This is an optional task and the fee for this effort is not
included in Engineer's base services fee. Engineer's subconsultant, Right-of-Way Associates
(ROWA) will obtain up to 7 temporary construction easements (4 at Arthur Court and 3 at Copper
Creek Drive) if required. Please see Appendix C for the full proposal by ROWA.
Task 4—Construction Documents
Objective: To incorporate requested revisions to the construction documents (100% complete), resolve
conflicts,improve clarity and / or correct errors.
Activities:
1. Incorporate Revisions — Engineer will make revisions, clarifications or corrections to the
construction documents (i.e. drawings, special specifications, engineer's construction cost estimate and
bid tabulation) as requested by the City.
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2. Submit Final Construction Documents — Submittal is expected to be substantially similar to that
described for Task 3,Activity 3 in terms of content and format. In addition to the physical copies of the
plans and special specifications Engineer will provide electronic copies to the City for preparing the
bid documents package. This task assumes the simultaneous preparation of one set of construction
drawings for projects at two sites as discussed. The fee noted for this effort reflects only those costs
associated with the SW Arthur Court site.
3. Construction Documents Review Meeting — Engineer will coordinate and lead one meeting,
covering both projects, in City offices to verify that requested revisions were made to the plans and
that the construction documents package is acceptable to the City. The meeting will also finalize the
bidding schedule (next phase). Fees shown for this task reflect the effort attributed to only the SW
Arthur Court site.
Products:
• 100%complete construction documents
• Notes from Construction Document Review Fleeting
Task 5 —Bid Phase Services
Objective:Award construction contract to the lowest and best bidder.
Activities:
1. Conduct Prebid Conference —Task assumes that one construction contract will be solicited for
projects at two sites. Engineer's project manager will lead one prebid conference to be held
consecutively at each project site. Engineer will prepare a brief summary of issues discussed at the
prebid meeting. This task assumes that the City will advertise the project and make and distribute
copies of the plans based on materials provided by Engineer in Task 4 above.
2. Prepare Bid Addendums — Engineer will prepare up to two bid addendums to clarify construction
contract requirements.
3. Recommend Contract Award—Engineer will tabulate the bids and review the lowest bid for errors
and compliance with the instructions to bidders. Engineer will verify with the City that the performance
and payment bonds submitted by the lowest bidder meet City requirements. Engineer will prepare a
letter recommending construction contract award to the lowest and best bidder.
Products:
• Brief summary of issues discussed at prebid meeting
• Bid addendums (2 maximum)
• Letter recommending award of construction contract
Task 6—Construction Phase Services
Objective: Project construction in general conformance to the plans, specifications, and permits.
Activities:
1. Preeonstruction Conference — This task assumes that one construction contract will be awarded for
projects at both sites. Engineer's project engineer will schedule and lead a preconstruction
17111 at c
conference. The purpose of the meeting will be to establish lines of communication and to highlight
important deadlines and required contractor submittals. Engineer's engineer will prepare a memo to the
City documenting issues discussed at the preconstruction conference.
2. Respond to RFIs — Engineer's project engineer will respond to up to four requests for
information (RFIs) total. This task assumes one construction contract is awarded for both projects
and the indicated fee represents the effort attributed to the SW Arthur Court project site.
3. Review Contractor Submittals—Engineer's project engineer will review submittals for conformance to
construction document requirements.
4. Perform Occasional Construction Observations —Engineer understands that the City will perform
daily construction observations. Engineer's project engineer will perform occasional
observations of construction progress to verify that work is proceeding in general conformance to
the requirements of the plans and specifications. Observations will be made at milestones or at
significant points in the progress of the work (e.g. commencement of excavations, establishment of
construction bench, completion of earthwork at diversions, subgrade for structures, etc.). We
anticipate 6 observations total will be performed. Each site visit will involve preparation of a
standardized field visit report.
5. Review Payment Requests —Engineer will review payment requests in conjunction with the City's
inspector. The City's inspector will inform Engineer of the types and quantities of materials on site at
the time of each pay request. If Engineer has not visited the site over the period of the pay request
then Engineer will visit the site (estimate up to two site visits for this purpose). The purpose of this
review will be to verify that the work performed matches the quantities requested for payment.
Engineer engineer will prepare a letter to the City recommending up to four payment requests.
Products:
• E-mail message regarding issues discussed at preconstruction conference
• Responses to RFIs
• Responses to contractor submittals
• Documentation of field observations
• E-mail message regarding recommended payment requests
Task 7 —Project Closeout
Objective: City acceptance of completed improvements for maintenance.
Activities:
1. Acceptance Punch List—This task assumes simultaneously closing out the project at both sites. At
the contractor's request, and with the City's approval, Engineer will perform a site walk with the
City's inspector at each project location to verify substantial project completion in accordance with
contract requirements. During the site walk the engineer will note deficiencies to be corrected and
materials or trash to be removed. Deficiencies will be itemized and provided to the contractor via e-
mail message with a copy to the City.
2. Recommend Project Acceptance—After verification by the City's inspector that all punch list items
are completed, Engineer will prepare a letter to the City recommending acceptance of the project.
This activity assumes there are no outstanding claims or changes that have not been resolved.
3. Record Drawings—Engineer will prepare record drawings of completed improvements based on
redlines maintained by the contractor in accordance with construction contract requirements.
Drawings will be transmitted to the City electronically as AutoCAD files.
4. Post Project Meeting — Engineer's project engineer will attend one post project meeting with the
City and contractor to evaluate the project. This meeting will be called for and led by the City.
Engineer will document issues raised at the meeting.
Products:
• Acceptance punch list
• Letter recommending project acceptance
• Record drawings
• Post project meeting notes
FEE ESTIMATE
Services will begin once the services agreement is fully executed. The total of all tasks itemized above is
$71,311 and does not include the optional tasks noted.
SCHEDULE
Engineer's goal for this project shall be to prepare construction documentation and submit for permits in
time for the 2013 construction season. The schedule below is achievable for reaching this goal.
Task Name
Notice to Proceed
1Desizn Development
2Detailed Desi_n
3Fina1 Desitin
4 Construction
5 Bid Phase Services
6Construction Phase
Project Close Out
Project Completion
19 1 11.A
EXBHIBIT 2
ENGINEER'S RATE SCHEDULE
The hourly labor rates set forth below are valid through December 30, 2012 and are subject to revision
thereafter. AMEC will provide CLIENT thirty days advance written notice of any such revisions.
PROFESSIONAL SERVICES
CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following
classifications and associated hourly labor rates. For expert witness testimony and related services in
connection with litigation, CLIENT agrees to reimburse AMEC for all hours worked by professionals at
the following classifications,but at one and one half times the associated hourly labor rates.
Classification Rate/HourClassification Rate/Ho
Professional Level $58.00 Professional Level 16 $104.00
Professional Level $63.00 Professional Level 18 $141.00
Professional Level $65.00 Professional Level 20 $141.00
Professional Level $70.00 Professional Level 23 $149.00
Professional Level 9683.00 Professional Level 25 $186.00
Professional Level $90.00
TECHNICIAN SERVICES
CLIENT agrees to reimburse AMSC for all hours worked by technicians at the following
classifications and associated hourly labor rates.
Classification Rate/Hour
Technician Level 11 $88.17
ADMINISTRATIVE SERVICES
CLIENT agrees to reimburse AMEC for all hours worked by administrative staff at the following
classifications and associated hourly labor rates.
Classification Rate/Hour
Administrative Level 5 $50.00
Administrative Level 6 $65.00
Administrative Level 7 $65.00
NIISCELLANEOUS EXPENSES—3%of Labor Charges
OTHER DIRECT EXPENSES
CLIENT agrees to reimburse AMEC for all other direct expenses incurred at the follov-ing rates, except
as otherwise specified by AAIEC in it's proposal:
Travel Expenses:Transportation (air travel, car rental, etc.),lodging, meals, &incidental expenses
Cost plus 0%
Mileage: Subject to change $0.55 per mile
Subcontract Expenses: Supplies or services furnished to AMEC in support of project activities by
any supplier or firm, except temporary agency or consultant staff charged at above hourly rates Cost
plus 5%
Direct Expenses: Other expenses in support of project activities Cost plus 0%
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