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Murray, Smith & Associates Inc ~ C140048 City of Tigard 13125 Sly'Hall Blvd. CONTRACT CHANGE ORDER/ Tigard, Oregon 97223 AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171 Fax- (503) 684-7297 im %%-%k-\x.rigard-Or.4r�,� Project Title: 2014 PMP—Overlay Design Project Manager: Mike McCarthy Contractor: Murray, Smith &Associates, Inc. Original Contract #: C140048 Effective Dates: 2/14/14 Chane Order/Amendment Amount: $ Accounting String: 412-8000-56005-95001-130 Amendment Percentage Running Total: AMENDMENT DETAILS Change in date only. Original contract should have been through December 31, 2014. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASSONING FOR CHANGE ORDER/AMENDMENT The original contract should have run through December 31, 2014. REQUESTING PROJECT MANAGER A-?]'Rftg6CATAFF Mike McCarthy r Signature S' Wirel 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 theproject's FY budget. Date c �.� S11'(c11(4 CITY OF TIGARD,OREGON AMENDMENT TO ENGINEERING SERVICES AGREEMENT 2014 PAVEMENT MANAGEMENT PROGRAM-OVERLAY DESIGN#95001 AMENDMENT #1 THIS AGREEMENT,made and entered into this 12th day of February,2014,by and between the City of Tigard,a municipal corporation,hereinafter referred as the"City,"and Murray, Smith&Associates,Inc., whose authorized representative is Gabriel Crop, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, upon completion of the work or jure 30, 2014, December 31, 2014, whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. o-rok Signaatturr Signature J Printed Name Printed Name Date Date Citi-of Tigard CONTRACT CHANGE ORDER 13125 SW gall Blvd. S Tigard,Oregon 97223 AMENDMENT #Z SUMMARY FORM Phone- (503) 639-4171 Fax- (503) 684-7297 Nvww.ri Bard-or. oy Project Title: 2014 PMP—Overlay Design Project Manager: Mike McCarthy Contractor: Murray, Smith&Associates, Inc. Original Contract#: C140048 Effective Dates: 2/12/14— 12/31/14 Chane Order/Amendment Amount: $38,919 AccountingString: 412-8000-56005-95001-412-130 Amendment Percenta e Runnin Tota1:24.6% AMENDMENT DETAILS The original contract was for design of the city's 2014 pavement overlays with some minor oversight during construction. This amendment adds construction inspection and construction management services to the contract. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract Amount $157,973 Amendment#1 Change in date only $0 Amendment#2 Add construction inspection and $38,919 construction management TOTAL $196,892 REASONING FOR CHANGE ORDER/AMENDMENT We have seen a significant increase in private development this year,which will keep our staff busy review-in Tans for and inspecting construction of private development projects. Murray, Smith&Associates has the expertise and staff availability to perfortn the inspection and construction management services. REQuES'IING PROJECT MANAGER APPROV CITY STAFF Mike McCarthy Signature —Signature 6/12/14 -- - -- — /% _°�' /+ 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 theproject's FY budget. r Date CITY OF TIGARD,OREGON AMENDMENT TO ENGINEERING SERVICES AGREEMENT 2014 PAVEMENT MANAGEMENT PROGRAM-OVERLAY DESIGN#95001 AMENDMENT #2 THIS AGREEMENT,made and entered into this 12th day of February, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred as the "City," and Murray, Smith & Associates, Inc.,whose authorized representative is Gabriel Crop, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer." 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 One 14ttii4ed Fittw— Thousand -Nine Hundred -S-,e-eenty-hfeand Ne/400 Doo One Hundred Ninety Six Thousand Eight Hundred Ninety Two and No/100 Dollars ($4 57,973.00$196,892.00) without prior written authorization. EXHIBIT A–SCOPE OF SERVICES The scope of services for this Agreement is amended as attached and below: Task 1–Project Management No changes to previous scope. Task 2–Survgyi Task 2.3 Pre/Post Construction Survey Provide Pre/post construction survey services for up to 17 monuments described as follows: • Includes establishing survey control and field locating existing centerline monuments within the limits of construction. • Staking the location of box monuments that will be installed during construction. • Re-setting centerline monuments that are destroyed during construction(assumed tura monuments to be re-sett. • Preparation and filing of a Pose Construction Record-of-Survey with Washington County Surveyor's Office. • File the survey with Washington County. Task 3–Utility Coordination No changes to previous scope. Task 4–Pavement Services No changes to previous scope. Task 5—50% Design No changes to previous scope. Task 6—90% Design No changes to previous scope. Task 7—Final Design No changes to previous scope. Task 8—Bidding Services No changes to previous scope. Task 9—Construction Phase Services Prior scoped services under this task included up to five field visits to review curb ramp construction. This scope is expanded to include the following; • Attending a preconstruction meeting. • Reviewing requests for information, clarifications and change orders. • Review of contractor submittals, shop drawings and field testing(particularly focused on asphalt) for conformance to the design requirements of the project and in accordance with the requirements of the contract documents. Consult with and advise City as to the acceptability of substitute and"or-equal" items proposed for use by the contractor. • Construction inspection (assumed five visits per week,eight hours per visit over a two month construction period) to monitor the progress and quality of the work, including preparation of construction inspection reports. Inspection will include review of curb ramps relative to ADA compliancy. • QA testing for asphalt to supplement the Contractor's QC program. Testing is anticipated to include two sets of AC Content, Gradation,Mix Moisture and Max Specific Gravity (Rice) at the plant (once early in production and once at the midpoint). • Samples will be split samples with the Contractor's tester. Testing will also include two separate days of density testing with a minimum of five density shots per day. The testing firm will be selected after award of the construction contract and will be different than the Contractor's QC tester. QA also includes coordination with the Contractor,review of QA test results, comparison to QC results and application of Independent Parameters of the ODOT MFTP if the results differ. • Assistance in determining if non-conforming contract work should be rejected. • Attendance at progress meetings (assume weekly for a total of two months) with contractor and City to address construction related issues. • Reviewing and making recommendations for contractor monthly_progress payments (assumed three progress payments). • Attendance during the final inspection and preparation of a report on completion of the project,including a recommendation of final acceptance of work by the City. • Provide Record Drawings representative of the "as constructed"project. Record Drawings will be completed electronically and provided in PDF format. 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 MURRAY,SMITH&ASSOCIATES,INC. Signature Signatu fAa� �Q Printed Name Printed Name Date Date SCOPE OF WORK CITY OF TIGARD ENGINEERING SERVICES FOR 2014 PAVEMENT MANAGEMENT PRO M AMENDMENT NO2 Introduction Murray, Smith & Associates, Inc. recently provided design engineering services to the City of Tigard (City) for the 2014 Pavement Management Program. Previously scoped work included design and support for construction administration services. This amendment is to address supplemental construction administration services. Proposed Scope of Services The scope of design services for the contemplated work is presented below. TASK 1 —PROJECT MANAGEMENT No changes to previous scope. TASK 2 —SURVEYING Task 2.3 Pre/Post Construction Survey Provide pre/post construction survey services for up to 17 monuments described as follows: • Includes establishing survey control and field locating existing centerline monuments within the limits of construction. • Staking the location of box monuments that will be installed during construction. • Re-setting centerline monuments that are destroyed during construction (assumed two monuments to be re-set). • Preparation and filing of a Pose Construction Record-of-Survey with Washington County Surveyor's Office. • File the survey with Washington County. TASK 3 —UTILITY COORDINATION No changes to previous scope. TASK 4—PAVEMENT SERVICES No changes to previous scope. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. June 2014 Engineers/Planners 1 gApdx_bd\clients,tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment 1\amendment 1 tigard 2014 pavement management program scope of work 6-9-14.docx TASK 5 —50% DESIGN No changes to previous scope. TASK 6—90% DESIGN No changes to previous scope. TASK 7—FINAL DESIGN No changes to previous scope. TASK 8—BIDDING SERVICES No changes to previous scope. TASK 9—CONSTRUCTION PHASE SERVICES Prior scoped services under this task included up to five field visits to review curb ramp construction. This scope is expanded to include the following: • Attending a preconstruction meeting. • Reviewing requests for information, clarifications and change orders. • Review of contractor submittals, shop drawings and field testing (particularly focused on asphalt) for conformance to the design requirements of the project and in accordance with the requirements of the contract documents. Consult with and advise City as to the acceptability of substitute and "or-equal" items proposed for use by the contractor. • Construction inspection (assumed five visits per week, eight hours per visit over a two month construction period) to monitor the progress and quality of the work, including preparation of construction inspection reports. Inspection will include review of curb ramps relative to ADA compliancy. • QA testing for asphalt to supplement the Contractor's QC program. Testing is anticipated to include two sets of AC Content, Gradation, Mix Moisture and Max Specific Gravity(Rice) at the plant(once early in production and once at the midpoint). Samples will be split samples with the Contractor's tester. Testing will also include two separate days of density testing with a minimum of five density shots per day. The testing firm will be selected after award of the construction contract and will be different than the Contractor's QC tester. QA also includes coordination with the Contractor, review of QA test results, comparison to QC results and application of Independent Parameters of the ODOT MFTP if the results differ. • Assistance in determining if non-conforming contract work should be rejected. • Attendance at progress meetings (assume weekly for a total of two months) with contractor and City to address construction related issues. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. June 2014 Engineers/Planners 2 g:\pdx_bd\clients\tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment 1\amendment 1 tigard 2014 pavement management program scope of work 6-9-14.docx • Reviewing and making recommendations for contractor monthly progress payments (assumed three progress payments). • Attendance during the final inspection and preparation of a report on completion of the project, including a recommendation of final acceptance of work by the City. • Provide Record Drawings representative of the "as constructed" project. Record Drawings will be completed electronically and provided in PDF format. Proposed Fee Estimate MSA proposes to perform this amended work utilizing remaining budget not used and available from prior design tasks. The proposed budget reallocation to accommodate this work is shown in Exhibit A. Schedule The overall project schedule will remain unchanged. City of Tigard MURRAY,SMITH&ASSOCIATES,INC. June 2014 Engineers/Planners 3 g:\pdx_bd\clients\tigard\2014 pavement management program-pavement overlay design services 1-14\scoping\amendment I\amendment 1 tigard 2014 pavement management program scope of work 6-9-14.docx Qa X W a a 00 Vl N O-tI N O O C Oo N@ -k N b V e7 h N ss ^ V@ V ^N N O@ M^N !F eO � yq b9 � U3 fA 69 Ff` 69 di V3 Vi y� 69 69 69 69 fA FA fA 69 69 69 ti9 yy {q � C LTA u' tF � fi fA FP J+ 69 vA 69 d9 69 yr '69 b'+ di I i?b9 69 69 di 69 b9 69 69 b9 Y? .y� `+S �M W v E W � yi I sa sr � w v+ ds w us ✓+ cro O M oN0� O T b O h l� t0 O ... fA 69 69 Jr Vi 69 d9 M fF fH FA V3 T A b9 b9 69 VJ 69 69 69 b4 FA di fA q� 69 H K w U t- � xa w - � C7waw m rZh d� O � N V I� 0. aW4u C 3 E O O iG s o Qal N L, o m I I EEEyyy� 4 E g •c ❑ c •c � c �a �a o .o •c o .y •�.� g a� �• a s O � Q a Q ° e y .0 �b'`� o.5 E � J � o e N [V N N 7 a a V Rh Foal �N C LT F} U n V CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUST ACCOMPANY EVERY CONTRACT Contract Title: PMP—2014 Overlay Design Number: 00�� Contractor: Murray, Smith&Associates (MSA) Contract Total: $157,973 Contract Overview: This project is for design and engineering of pavement overlays And associated work to be constructed in summer 2014. This includes design of curb ramp retrofits to ADA standards Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low Risk Reduction Steps: Most of this work will be design performed in the company's Portland office Engineer will design curb ramps to meet ADA requirements Risk Comments: - Risk Signature: Contract Manager: Mike McCarthy Ext: 2462 Department: Public Works Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA X Other: Engineering Services Start Date: 2/18/14_ End Date: 12/31/14 Quotes/Bids/Proposal: FIRM AMOUNT/ CORE Murray, Smith &Associates Combined Ranking 6 WHPacific Inc. 8 5 Wallis Engineering 5 Account String: Fund-Division-Account Work Order—Activity Type Amount Year 1 412-8000-56005 95001-412-130 $150 ,973 Year 2 412-8000-56005 95001-412-130 $7,000 Year 3 Year 4 Year 5 Approvals - LCRB Date: Feb 11, 2014 Department Comments: Department Signature: Purchasing Comments: �--- Purchasing Signature: City Manager Co 7 City Manager Signature: I�Wlkk,�:.7 /�, V ' V I I After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Number 111ooN�L CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT 2014 PAVEMENT MANAGEMENT PROGRAM—OVERLAY DESIGN#95001 THIS AGREEMENT, made and entered into this 12`h day of February, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Murray, Smith & Associates, Inc., whose authorized representative is Gabriel Crop, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2013-2014 fiscal year budget provides for engineering services for the 2014 project; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Engineer's Sco-pe 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 and shall expire, unless otherwise terminated or extended, upon 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 One Hundred Fifty Seven Thousand Nine Hundred Seventy Three and No/100 Dollars ($157,973.00) without prior written authorization. n 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Engineer periodically,but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit 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 2014 ESA—PMP Engineering Services 2 1 Page such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither 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 2014 ESA—PMP Engineering Services 3 1 Page subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Engineer's work product is satisfactory and consistent with this agreement, but Engineer is not subject to the direction and control of the City. Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Engineer to provide services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of law or an administrative agency to be an employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement, to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Engineer or to a third party) as a result of said finding. C. The undersigned Engineer hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Engineer, either directly or indirectly,in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Engineer and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. F. Engineer shall obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. 2014 ESA—PMP Engineering Services 4 1 Page e G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnitv A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Engineer agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub- consultants, agents or employees in performance of this contract at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Engineer, regardless of the type of claim made against the City in performance of this contract. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer in performance of this contract. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its 2014 ESA—PMP Engineering Services 5 1 1' a g e subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per claim shall not be less than $2,000,000, or the equivalent. Annual aggregate limit shall not be less than $3,000,000 and filed on a"claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain, at Engineer's expense, and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired,and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than $2,000,000. D. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Engineers who perform work without the assistance or labor of any employee need 2014 ESA—PMP Engineering Services 6 1 P a g e not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. E. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. Coverage will be endorsed to provide a"per project" aggregate. F. Extended Reporting Coverage If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Engineer's insurer will provide such if less than 24 months. Engineer will be responsible for furnishing certification of Extended Reporting coverage as described or continuous "claims-made" liability coverage for 24 months following contract completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract. Coverage will be endorsed to provide a "per project" aggregate. G. Insurance Carrier Rating Coverage provided by the Engineer must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carriers)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City, reserves the right in its sole discretion to determine whether self-insurance is adequate. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specif, and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. 2014 ESA—PMP Engineering Services 7 1 Pa g e K. Primary Coverage Clarification The parties agree that Engineer's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance win be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph,it shall pay Engineer for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 2014 ESA—PMP Engineering Senices 8 113 a g e 3) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer,if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Engineer fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten days or such other period as City may authorize. 3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Engineer shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages,if any, sustained by City due to breach of contract by Engineer. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 2014 ESA—PMP Engineering Services 9 1 P a g e 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 MURRAY,SMITH&ASSOCIATES,INC. Attn: Mike McCarthy, Sr. Project Engineer Attn: Gabriel Crop Address: 13125 SW Hall Blvd. Address: 121 SW Salmon, Suite 900 Tigard, Oregon 97223 Portland, Oregon 97204 Phone: (503) 718-2462 Phone: (503) 225-9010 Fax: (503) 624-0752 Fax: (503) 225-9022 Email: mikern tigard-or.gov Email: ,gabe.croj?Qmsa-ep.com and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B -3) of this agreement. 15. Force Majeure Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine 2014 ESA—PMP Engineering Services 10 1 P a g c restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes)Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With AV12licable Law Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,279B,and 279C. 21. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said pro posal 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. 2014 ESA—PMP Engineering Sernices 11 P a g e 23. Audit Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement,and to assure adequate performance and accurate expenditures within the contract period. Engineer agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 24. Severability In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 25. Industrial Accident Fund Payment Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form that Engineer or subcontractors incur during the performance of this Agreement. 26. Complete Agreement This Agreement,including the exhibits,is intended both as a final expression of the Agreement between the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No waiver, consent,modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Engineer, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Engineer has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their February 11,2014 business meeting. CITY OF TIGARD Y, TH&ASSOCIATES,INC. By: Marty Wine, CityIa ager By: A ized Contractor Representative � i lr,�c� ►Z. t Z-,Q k� Date Date 2014 ESA—PMP Engineering Services 12 Pa g e EXHIBIT A SCOPE OF SERVICES PROJECT BACKGROUND The City of Tigard's (City) transportation system includes about 152 miles.of city-owned surface streets of varying size and capacity requiring periodic maintenance to keep them operational. The City established a Street Maintenance Fee in 2003 to address maintenance needs for these streets. A significant portion of the fees collected are to be spent on reconstruction/restoration of existing roadways. MSA provided services to the City in 2013 to complete pavement rehabilitation designs initially started by the City. PROJECT DESCRIPTION This project will include the design and construction of streets identified for pavement rehabilitation in 2014. The planned street segments to be rehabilitated and designed by the Consultant roughly based on available budget are listed below in Table 1: Table 1—Street Rehabilitation List Street From To ADT Length Corners w/ Corners to beCurb Ramps Rebuilt Locust St Greenburg Rd Hall Blvd 4,000 2,700 14 9 Walnut St 116t"Ave 122nd Ave 9,500 1,200 8 7 121st Ave Tippitt PI Ann PI 8,000 1,000 5 5 115th Ave Gaarde St Fonner St 2,000 3,000 17 15 78th Ave Pfaffle St Spruce St 1,000 1,500 1 1 Spruce St 78th Ave 71st Ave 1,000 2,000 7 6 718t Ave Hwy 99W Pine St 1,000 820 2 2 Old Gaarde Gaarde St Hwy 99W 2,500 450 5 4 St 105th Ave McDonald St End 600 350 2 1 Canterbury 109th Ave Hwy 99W 2,000 1,600 4 4 Ln 109th Ave Canterbury Ln 600'S of 1,800 1,500 2 2 Murdock Tech 72nd Ave West End 2,000 1,180 2 2 Center Dr Ftewing St Hwy 99 W O'Mara St 1,000 2,000 2 1 Sub-Total 19,300 71 59 Work on Old Gaarde St. and 105th Ave may be affected by adjacent work planned on Hwy 99W and will require ongoing coordination. The City anticipates having the following construction budget (design and construction engineering services separate) available for this work. Fiscal Year (Construction Year) Construction Budget 2014-15 (2014) Approximately $1,100,000 2014 ESA—PMP Engineering Services 13 1 1' a g e Engineer shall develop pavement rehabilitation designs and produce a bid package to complete this work and incorporate City comments as received. Typical street treatments are expected to be overlays,grind and inlays, and localized full depth pavement repairs. In addition to the above streets, the City will be completing an overlay on Tigard St (from 115"' to Tiedeman) as part of separate frontage improvements for an adjacent park project. CITY RESPONSIBILITIES The City will be responsible for the following: • Provide a project engineer/manager who is responsible for overall project development and management and for coordination between the consultant and the City. • Establish the work scope and design parameters for each project,including related standards. • Provide the Consultant copies of all available, relevant City utility "as-built" plans, topographical maps,reports and studies pertinent to the project. • Provide Consultant with GIS technical support including a base map based upon coordinate geometry with aerial photography and topographic contours. • Provide Consultant with the City's standard drafting frame, title block and any standards required to be followed if applicable. • Provide Consultant with digital copies of the City's standard construction specifications, details and "front end" bidding document sections. • Provide curb ramp inventory information as may be available from City records. • Provide timely review and comment on drawings, bid items and quantities, and estimate submitted by Consultant to City for review and approval. • Maintain records and process consultant invoices. • Provide legal review of all contracts, bid forms, and real property. • Provide notifications as necessary to the public and business community regarding the nature and timing of the work to be completed. • Advertise and manage the bidding process for construction. • Manage the construction phase of the project. SCOPE OF SERVICES The scope of design services for the contemplated work shall include: TASK 1—PROJECT MANAGEMENT This effort covers the administration and coordination of the Engineer's staff, subconsultants, and the interface with the City project manager and other City staff. The effort will include the following subtasks: • Schedule, prepare for, and conduct a project kick-off meeting to review the purpose and scope of the project. This meeting will be an internal project team meeting with City staff. • In addition to the project kickoff meeting, budget assumes three (3) additional meetings to occur prior to 50% submittal (focus on pavement design review), after the 50% submittal and after the 90% design submittals respectively. Consultant shall schedule and lead project 2014 ESA—PMP Engineering Services 14 1 P a g e meetings and prepare meeting agendas and minutes. For estimating purposes, it is assumed two (2) of Engineer's team members will be present at each team meeting. • Coordinate submittal and review of plans, bid items and quantities, and estimate by the City at the 50% and 90%level of completion. • Process and submit monthly billings with a summary of project status by task and subtask, including a summary of invoicing from subconsultants retained for this project. • Preparation and maintenance of the overall project schedule including adding staff, subconsultants and other resources as needed to meet scheduled milestones. Task 1 Deliverables • Invoices (monthly) • Project Design Schedule • Meeting agendas and minutes for meetings TASK 2—SURVEYING Task 2.1 Preliminary Monument Research Since grind/inlay and overlay pavement rehabilitation is anticipated with a low risk of disturbance, it is assumed the Contractor will be made responsible for monument preservation during construction. Any disturbed monuments will be the responsibility of the Contractor to replace. To minimize the risk of disturbance,work will include: • Research Washington County survey records for recorded surveys, subdivision plats and road drawings that show the location of all survey monuments that have been previously set within the work limits. • Field verify presence of monuments. • Using the research described above, provide a markup of the approximate locations on the project plans and incorporate this information into the plans in the 90% design documents (Task 6). Task 2.2 Pocket Survey - Contingency Task Several curb ramps will need to be replaced to meet ADA requirements. Some of the existing ramps in constrained areas may need to be surveyed so the mapping can be used for detailed curb ramp design. Engineer shall complete base map, surface, and field topographic survey as needed to complete the final design. All work under this contingency task shall be on an as needed basis and shall be first authorized with a separate written Notice-to-Proceed, on a per day (9 hours for a survey crew and 9 hours for a survey technician for office work) basis, for up to five (5) days, at a cost not to exceed $2,837 for each day authorized. Engineer shall provide labor, equipment and materials to complete the surveying needs for the project. The topographic survey work will not be completed until completion of Task 5 and review and concurrence by the City. The survey shall include field locating all existing above ground features (i.e. edge of pavement, curbs, sidewalks, buildings, trees, utilities, etc.) as well as elevations with one foot contour intervals. The below ground utilities will be located from one-call locate paint marks and existing as-built maps. 2014 ESA—PMP Engineering Services 15 1 pa g c Task 2 Deliverables • Base map and surface files for use in design TASK 3—UTILITY COORDINATION Minor utility conflicts are anticipated for this project relative to pavement elevation changes (overlays) and curb ramp replacements. Utility adjustments during paving operations are anticipated to include valve box (gas and water) adjustments and manhole (storm, sewer and other) adjustments. Depending on each curb ramp design, above ground utility facilities may also need to be adjusted. Adjustments to City owned facilities will be incorporated into the design. Utility coordination efforts will include: • Develop a utility contact information list and email project information letters to all utility companies involved to explain nature of the work. • Provide project preliminary plans to each utility at 50% and 90'/0. • Maintain a record of correspondence with utility companies. • Identify conflicts and issue conflict notices to impacted utilities. • Coordinate with private utilities to resolve utility conflicts and finalize utility relocation requirements as appropriate. Affected utilities will be responsible for developing their relocation designs. Consultant shall review each utility's relocation plans and proposed schedule,provide written comments and issue approval. Task 3 Deliverables • Utility contact list. • Project information letters and conflict notices to each affected utility. • Reviewed utility relocation plans with comments and recommendations. TASK 4-PAVEMENT SERVICES The City anticipates roadway rehabilitation will generally consist of overlay and grind and inlay paving where possible. In addition, some locations may require base repair or general reconstruction. Due to the classification of the streets under consideration, the City does not wish to pursue 15- or 20-year rehabilitation analysis according to the AASHTO system. Instead, analysis will be based on identifying the optimal configuration for a rehabilitation of about 2.0 inches of new asphalt concrete (AC) while minimizing grade increases. The field investigation strategy will consist of shallow subsurface explorations, ground penetrating radar (GPR) testing, and field distress surveys. The specific scope of services will include the following: • Attend a meeting with City staff and the City's civil engineering representative to discuss pavement design approach, options, and project team plan. • Initial investigations will include a visual "windshield" survey of each road section. The survey will be used to describe the overall condition of each road. • Review past City data regarding pavement construction, maintenance, and rehabilitation at each road section. 2014 ESA—PMP Engineering Services 16 1 1' a g e • Conduct GPR tests in the outside wheel track of the main travel lanes on each street using a 2 GHz truck-mounted horn antenna. • Analyze truck-mounted GPR data and provide a plot of estimated AC thickness by pavement station. GPR data to be compared to the subsurface exploration data. • Complete up to 21 pavement cores with locations at the discretion of the engineer for the purpose of GPR comparison and pavement condition assessment. This assumed approximately one to three cores per street section listed above. Cores to be terminated at the bottom of the AC. • Compare the results of core sampling to the GPR data and adjust GPR results as appropriate. • Provide a data report summarizing findings. • Conduct field visit with City staff with data report in hand for use in reviewing site specific conditions and constraints. • Make pavement rehabilitation recommendations and incorporate into the project designs upon acceptance by the City. Task 4 Deliverables • Pavement design report summarizing field investigation results and pavement rehabilitation recommendations. TASK 5—50%DESIGN During this phase, Engineer will develop engineering plans which reflect typical grind and inlay and overlay treatments. The plans will establish appropriate project limits, identify the design sections and edge and longitudinal treatment details, address catch basin treatments to appropriately manage bicycle and drainage concerns, establish which curb ramps need to be modified or replaced to meet ADA requirements and identify typical traffic control. Plan sheet format will generally follow the same format used for the 2013 project. Specific requirements under this task include: • Complete a review of the City's existing mapping, as-builts, aerial photographs, topographic surveys and GIS information. • Integrate available base mapping into project plan sheets. • ADA compliance review: a. Obtain and review City curb ramp inventory information and incorporate data into the ADA compliancy review. b. Complete office desktop review at each street crossing within paving limits utilizing readily available aerial and streetview imagery. Determine where existing curb ramps exist and where new curb ramps are needed. Where sidewalks do not exist, no curb ramps are required for ADA compliance. Document existing/future ramp locations and initial review findings for each ramp utilizing FHWA checklist for ADA compliancy. c. Complete follow-up field evaluation of existing curb ramps and take measurements using FHWA checklist to determine ADA compliancy. d. Make determination of where curb ramps need to be replaced and/or added to meet ADA requirements. e. Show curb ramp replacement/retrofit locations in the 50% plans and incorporate into cost estimate. 2014 ESA—PMP Engineering Services 17 1 P a e • Conduct site visit for each street with City staff to complete site reconnaissance for the purpose of developing pavement rehabilitation designs. It is assumed this field visit will occur after the Engineers initial ADA compliancy review and after the draft pavement investigations and report is available for reference. It is assumed only grind/inlay, overlay and local pavement repairs will be required. • Develop pavement treatment recommendations and incorporate treatments for each street. • Establish appropriate project limits, identify the design sections and edge and longitudinal treatment details, address catch basin treatments to appropriately manage bicycle and drainage concerns and identify signal loops (ODOT or other) which may be impacted. • Prepare a 50% level cost estimate and bid schedule in a format acceptable to the City. Engineer will divide estimate and bid schedule into multiple bid schedules as directed by the City and depending on available funding. • Prepare 50% construction plans (1" = 30' scale on half size sheets) and details as needed to clearly describe the work to be constructed. Construction plans shall, at a minimum, include civil notes, details and sections, and street improvement plans. For streets requiring more detail (arterials and some collectors), the construction plans may also include striping plans, signal detection, demolition and erosion control plans. It is assumed paving layout sheets and some details will be provided at this stage with striping layout sheets to be added at the 90% design level. Task 5 Deliverables • ADA compliance documentation. • Electronic versions of the 50% plans, bid items and quantities, and cost estimate (PDF and Excel). TASK 6—90%DESIGN The 90% design submittal shall be advanced from the 50% submittal (incorporating all review comments). Additional tasks in addition to those listed above include: • Coordinate with ODOT as needed for signal loop replacements, curb ramp replacement and other work as may be necessary on ODOT right-of-way. Coordination is assumed to be necessary at the following intersections: a. Locust St. and Hall Blvd. b. 71"Ave. and Hwy 99W c. Old Gaarde St. and Hwy 99W d. Canterbury and Hwy 99W e. Frewing and Hwy 99W • No other permitting needs are anticipated. • Coordinate survey (Task 2) for curb ramps to be reconstructed or added. • Develop detailed curb ramp retrofit/replacement designs in conformance with Public Right- of-Way Accessibility Guidelines (PROWAG) and the ODOT/APWA standard drawings utilizing survey mapping. Include sufficient curb ramp layout information including benchmark references in project detail sheets sufficient for contractor staking. For estimating purposes, it is assumed up to 40 intersection corners with curb ramps will be (re)constructed. 2014 ESA—PMP Engineering Services 18 1 P a g e • Prepare front end contract documents using the City's most recent standard forms and technical specifications in ODOT/APWA format. Task 6 Deliverables • Electronic versions of the complete 90% contract documents including front end documents, technical specifications, plans, bid items and quantities, and cost estimate (PDF, Word and Excel). TASK 7—FINAL DESIGN The final design submittal shall be advanced from the 90°io submittal (incorporating all review comments). Additional tasks in addition to those listed above include: • Continue coordination with ODOT as necessary to develop a draft permit with conditions to be included in the bid documents. It is assumed the selected Contractor will sign and finalize the permit with ODOT prior to work on ODOT right-of-way. • Refine curb ramp designs as necessary based on City and ODOT feedback. Task 7 Deliverables • Electronic versions of the complete contract documents including final front end documents, technical specifications, plans, bid items and quantities, and cost estimate (PDF, Word, Excel and CAD). • Provide one (1) reproducible set of construction plans. The construction plans shall include an 11"x17" (at 1" = 30') set of construction drawings and details. TASK 8—BIDDING SERVICES It is assumed the City will print, advertise and be the primary point of contact for bidder inquiries. Engineer's services will include: • Assist the City as needed in responding to all bidder inquires during the bid period. • Provide necessary bid addenda to address bidder questions, as needed. TASK 9—CONSTRUCTION PHASE SERVICES It is assumed the City will lead construction management and inspection for this project. To confirm curb ramps are being constructed according to ADA requirements, Engineer will provide field and technical support to the City. Services will generally include up to five field visits (up to four hours each) at keys times to check forms prior to concrete pours and ongoing support to City inspection staff to provide recommendations for checking grades during construction. Proposed Fee Estimate Engineer shall perform this work on a time and expenses basis with a total not to exceed amount of $157,973 including design and construction services in accordance with the attached Exhibit A. Schedule The design schedule for the 2014 bid package will accommodate an anticipated bid opening in April 2014 with anticipated NTP to the construction contractor in June 2014 and construction beginning in July 2014. 2014 ESA—PMP Engineering Services 19 1 I' a g e 2014 ESA—PMP Engineering Services 20 1 I3 a g c PRELIMINARY SHEET LIST The following is the anticipated list of plan sheets: Running Sheets Sheet Description Total Number 1 1 Cover Vicinity Map, Sheet Index 2 1 C-1 Overlay Quantities,Legend&Notes 3-5 3 C-2 to C-4 Paving Details 6-15 10 C-5 to C-14 Curb Ramp Details 3 Paving Layout-Locust St 2 Paving Layout -Walnut St 2 Paving Layout- 121"Ave 4 Paving Layout- 115`"Ave 2 Paving Layout—78`h Ave 3 Paving Layout—Spruce St 16-43 1 L1 to L-28 Paving Layout—71"Ave 1 Paving Layout—Old Gaarde St 1 Paving Layout— 105"'Ave 2 Paving Layout—Canterbury 2 Paving Layout-109`'Ave 2 Paving Layout—Tech Center Dr 3 Paving Layout—Frewing St 44-48 5 CS-1 to CS-5 Striping Details 49-76 28 S-1 to S-28 Striping Layout (same format as paving layout sheets) 2014 ESA—PMP Engineering Services 21 P a g e EXHIBIT B ENGINEER'S PROPOSAL 2014 ESA—PMP Engineering Services 22 1 Pa g e Q � m €a x ° W e �S a _MESA. _°°`�o� N r oovNFl .-:m v »w cw zs zs w zs v,us va by v>» a k] m vs sa ss s9 sn ss`.s ss w ss ss zs a rz es es» ss v» o ` iu w c c dl O Cs1l ti ? 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