Loading...
CESNW, Inc ~ C140073 City-of Tigard In CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. AMENDMENT NO. 5 rigara,Oregon 97223 Phone- (503) 639-4171 SUMMARY FORM Fax- (503;1 684-'297 vww.ri d-ot. oc Project Title:Planning,Design&Construction Project Manager:Jeff Peck Management Services—East Tigard Sever Contractor: CES I NW Original Contract #: C140073 Effective Dates: 12/26/17 Chane Order/Amendment Amount: $ 25,170 Accounting String: 500-8000-56005-93013-130 Amendment Percentage Running Total: 97.8% AMENDMENT DETAILS Contract to be amended to account for the following: - Contract to be extended for time - Continue to perform primary construction inspection services. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract: 129,160.00 Contract Amendment 1 (time only)Approved on 0.00 7/27/15 Contract Amendment 2-Approved on 11/10/15 T&M NTE 1 10,540 10,540.00 Contract Amendment 3 —Approved on 3/17/16 T&M NTE 1 33,040 33,040.00 Contract Amendment 4—Approved on 4/17/17 T&M NTE 1 57,520 57,520.00 Contract Amendment 5 Details: Contract extension for time and continue to perform T&M NTE 1 25,170 25,170 primary construction inspection services. Total 255,430.00 REASONING FOR CHANGE ORDER/AMENDMENT The contract expires December 31,2017 and construction for the project is taking longer than expected due to challenging site conditions and construction contractor difficulties in scheduling subcontractors. The services of CES NW are needed to provide for continued onsite inspection through substantial completion of the project. City Engineering Division does not have adequate resources or capability to provide the level of inspection needed. REQUESTIlVG PROJECT MANAGER APPROY4NG CITY STAFF Sigmture V Signature — �L—Lr — l 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 ma be in effect for the Signature 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 the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT PLANNING,DESIGN&CONSTRUCTION MANAGEMENT SERVICES-EAST TIGARD SEWER IMPROVEMENT(CONTRACT NUMBER C140073) AMENDMENT #5 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CESNW, Inc, hereinafter referred to as Contractor, entered into on the 14th day of May, 2014, is hereby amended as follows: 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement,and for services required the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,which shall constitute full and complete expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of Two Two Hundred Fifty Five Thousand Four Hundred Thirty and No/100 Dollars ($239;260 ($255,430.00)without prior written authorization. Exhibits A.1 and B.1 are included for the amended work. EXHIBIT A.1 Scope of Services: 1. Extend contract date to June 30,2018. 2. Perform primary coastruction inspection services for the project through substantial completion. 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 TIG�AAR/D� (CONTRACTOR) Signature Signature Anthony R. Weller, President Printed Name Printed Name 0( January 2, 2018 Date Date CD Ln LO o 0 0 0 �a M Mlei = p L N ui a EA E 9 Ef3 6% NN N C o 0 O .y M v Ra 0 0 o :) n 0 101 LO J O Z O O V d CO N v 6 N M O O N N d r N N N A c L6. 4f of f+ 16. O V y, O O � Z N C O p M T CO) O O O O CO 100 CD Y ` ` /f!fA 1f? I� to ti C IM d r r W ` L O N a as � '� Cs N U) to q y d c M w W LO N m a� o c N C', O t r V M N CL7 @a) o .. d v c N N M �,' m ` _ m —0 ca m �I c p r ti c V a Q c a`�v G pf'Z vevaof � c '� dmv LI •5 _ v� c W cQ vow apt Z c d c Wl oc2p �� � � � 03� N lo- p ,` 0 c L � cuQ Mc a> >, p o N d..cc_ . J c°� (0) � o � ILaLu0 a': � k 0 � 4 Cd 14, ti a0i �i ai a QmLidw H City of Tigard Memorandum To: Marty Wine, City Manager From: Jeff Peck, Project Manager Re: East Tigard Sewer Improvements—Contract Amendment Request Date: January 3, 2018 Marry, Per your request,this memo provides additional information about the need for Contract Amendment #5 with CES NW related to the East Tigard Sewer Improvement Project. Regarding Engineering Resources and Capab&y— Due to workload,Engineering does not currently have capacity to provide the additional needed inspection services. Additionally, some of the construction work being performed requires specialty inspection capabilities particularly related to contaminated soil management and directional drilling. CES NW, the Engineer of record for the East Tigard Sewer Improvement project,have performed all of the day to day construction inspection services and are familiar with the project specifications,plans, and the work completed to date. They are most familiar with the environmental issues, they have witnessed all of our project testing to date,and they have a firm understanding of what needs to be completed to finish the project. Regarding project status and expected completion - The project is nearing completion. 95%of mainline sewer pipe has been installed/tested,and the side sewer for future Wall Street development has been installed and tested. The remainder of work includes two directional drillings under Red Rock Creek,reconnecting sewer laterals to existing buildings, connecting the new sewer to the existing system in Hunziker Street,landscaping,and site cleanup. The project will be completed in February 2018. Regarding potential for additional sewer costs— This contract amendment can be accommodated with the existing project budget and we will still maintain some additional contingency funds for the project as a whole. cc Lori Faha, City Engineer y City of Tigard , CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. AMENDMENT NO. 4 SUMMARY Tigard,Oregon 97223Phone- (503) 639-4171 , FIELD CHANGE ORDER FORM Fax=(503) 684-7297 www. d-or: v Project Title: Planning, Design&Construction Project Manager:Jeff Peck Management Services—East Tigard Sewer Contractor: CES I NW Original Contract#: C140073 Effective Dates: 4/10/17 Chane Order/Amendment Amount: $57,520 Accounting String: 500-8000-56005-93913-130 Amendment Percentage Running Total: 78.28% AMENDMENT DETAILS ra Contract to be amended to account for the following: Contract to be extended for time - Provide environmental test location staking for amec foster wheeler to perform subsurface soil investigations. (Assumption is that staking will occur on separate days as access to parcels become available - Stake temporary construction easement (ICE) areas and permanent sanitary sewer easement areas on three parcels as necessary to advance easement negotiations. Provide design services to support the Contaminated Media Management Plan CMMP andspecifications. - Perform primary construction administration services for the project including daily inspections during sewer line construction. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract: 129,160.00 Contract Amendment 1 (time only)Approved on 0.00 7/27/15 Contract Amendment 2-Approved on 11/10/15 Lum Sum 1 10,540 10,540.00 Contract Amendment 3—Approved on 3/17/16 Lump Sum 1 33,040 33,040.00 Contract Amendment 4—Detail Listed Below: Contract Extension for Time Lump Sum 1 0 0 Environmental test location staking Lump Sum 1 3,600 3,600.00 Stake temporary and permanent easement areas Lump Sum 1 5,920 5,920.00 Design Services to support the Contaminated Media Lump Sum 1 10,000 8,000.00 Management Plan CMMP Perform primary construction administration services LUMP Sum 1 1 38,400 1 40,000.00 Total 230,260.00 REASONING FOR CHANGE ORDER/AMENDMENT Why is this contract amendment necessary? Time: The contract duration has expired. It needs to be extended through construction. Environmental Test location staking: Scope added to contract for CESNW to field locate proposed sewer alignment for amec foster wheeler to conduct subsurface soil and water exploration. Temporary Construction Easement and Permanent Sanitary Sewer Easement area staking: Brush clearing required and additional staking required to field locate easements for easement acquisition. Design Services to support the Contaminated Media Management Plan (CMMP) plans and specifications: Review draft subsurface investigation reports and CMMP. Attend meetings with the environmental consultant to work through mitigation required for contaminated soils and waters encountered during construction. Prepare additional plan sheets and specifications to support the CMMP. Prepare additional bid items and bid item descriptions to support the CMMP. Perform Primary Construction Administration Services The complexity of this project, specifically working in wet soils,requires the continuous presence of an onsite inspector. Engineering does not have adequate resources or capability to provide full time construction inspection. This request expands the scope of the Engineer of Record (EOR), CESNW, to provide continuous daily inspection services and construction administration services. :.: REQUESTING PROJECT MANAGER = .. <' .APPRO CITY STAFF Si ature _ ... S' tore : g 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 3 a work. The unit pricing in the original contract shall apply to all + , ? ea ,a ,;;Signature additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the May 10, 2017 encumbrances are met. Remember—the cumulative total of Date Amendments cannot exceed the project's FY budget. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT PLANNING,DESIGN&CONSTRUCTION MANAGEMENT SERVICES-EAST TIGARD SEWER IMPROVEMENT(CONTRACT NUMBER C140073) AMENDMENT #4 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and CESNW, Inc, hereinafter referred to as Contractor, entered into on the 11 th day of April, 2017,is hereby amended as follows: 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement,and for services required the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,which shall constitute full and complete expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of One Hundfed Seventy Two Thousand Seven Htmdr-ed Forty and Ne�100 DoRafts Two Hundred Thirty Thousand Two Hundred Sixty and No/100 Dollars ($V2,740;00)($230,260.00)without prior written authorization. Exhibits A.1 and B.1 are included for the amended work. EXHIBIT A.1 Scope of Services: 1. Extend contract date to December 31, 2017. 2. Provide environmental test location staking for amec foster wheeler to perform subsurface soil investigations. 3. Stake temporary construction easement(TCE) areas and permanent sanitary sewer easement areas on three parcels as necessary to advance easement negotiations. 4. Provide design services to support the Contamination Median Management Plans (CMMP) and specifications. 5. Perform primary construction administration services for the project including daily inspection during sewer line construction. 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 (CONTRACTOR) (�A"4�4 Signature Signature AAOK4-1,a L• Antuony R. Weller, President Printed Name Printed Name Y - rMay 10, 2017 Date Date 1 1 1 - ESN City of Tigard East Side Trunk D-120 Contract Mod No 4 roi Proj Proj Engr/ Survey Surveyor/ Survey Utility Utility Right of Way Phase Task Mngr Planner Mngr Designer Crew Locate Pothole Acquisition Total A. Project Orientation/Data Collection 1. Survey Research $0 2. Project Schedule $0 3. Project kick off meeting. $0 4. Geotechnical investigation $0 Subtotal 0 0 0 0 0 0 0 0 $0 B. Design Survey 1. Utility Locate&Pothole $0 2. Topographic Survey $0 Subtotal 0 0 0 0 0 0 0 0 $0 C. Engineering Design 1. Construction Plans Alt.Analysis&Cost Est. $0 90%Submittal&Constr.Cost est. $0 100%Submittal,Contract Docs $0 and cost estimate 2. Wetland/CWS Permitting Wetland Delination&Mit Plan $0 CWS SPL $0 JPA Preparation $0 Biological Assess/ESA Assist. $0 3. Permitting CWS Prescreen Application $0 120OCN Erosion Cntrl Permit $0 Site Works Permit $0 ODOT Rail $0 4. Property owner contact $0 5. Right-of-way acquisition&staking $0 6. Easement exhibits and descriptions $0 7. Meeting w/Project Team $0 8. Environmental Test Location Staking 6 6 18 $3,600 9. Easement&Alignment Staking 8 8 32 $5,920 10. Support for Environ Plans&Specs 20 60 $8,000 Subtotal 20 0 14 74 50 0 0 0 $17,520 D. Construction Services 1. Submittal Review $0 2. RFI Responses $0 3. Construction Staking $0 4. Construction Admin/Obsery 50 400 $40,000 5. Record Drawings $0 6. Project Closeout $0 Subtotal 50 0 0 400 0 0 01 0 $40,000 TOTAL LABOR HOURS 1 70 0 14 474 50 0 0 57,520 Phase Summary A. Project Orientation/Data Collection $0 B. Design Survey $0 C. Engineering Design $17,520 D. Construction Services $40,000 Expense Allowance(Printing) $0 Total Labor&Expenses 1 $57,520 Cite of Tigard CONTRACT CHANGE ORDER/ 13125 S\X'Hall Blvd. AMENDMENT NO. 3 SUMMARY Tigard,Oregon 97223 Phone- (503) 639-4171 7223 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 u ww.ti and-or. ov Project Title: Planning,Design&Construction Project Manager:Jeff Peck Management Services —East Tigard Sewer Contractor: CES I NW Original Contract#: C140073 Effective Dates: 3/15/16 Chane Order/Amendment Amount: $33,040 Accounting String: 500-8000-56005-93913-130 Amendment Percentage Running Total: 25.23% AMENDMENT DETAILS Contract to be amended to account for the following: - Private Utility locate/potholing services - Update topographic survey for utility locates and along NW Demolition creek frontage - Prepare alternative alignments and estimated costs for new public line to serve NW Demolition property - Additional engineering design associated with the new sewer connection to NW Demolition property - Additional right-of-way acquisition efforts for appraisal, title report, and negotiation - Prepare additional legal description and map for public sanitary-sewer easement - Additional coordination with city staff and ro'Ject team CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract: 129,160.00 Contract Amendment 1 (time only) Approved on 0.00 7/27/15) Contract Amendment 2 -Approved on 11/10/15 Lump Sum 1 10,540 10,540.00 Contract Amendment 3 Details Listed Below: Utility locate/potholing services Lump Sum 1 5,560 5,560.00 Update topographic survey for utility locates and Lump Sum 1 4,020 4,020.00 additional sewer Alternative analysis for sewer service to NW Demolition Lump Sum 1 6,080 6,080.00 Additional engineering design Lump Sum 1 4,640 4,640.00 Additional right-of-way appraisal and negotiation services Lump Sum 1 7,580 7,580.00 Additional legal description and map Lump Sum 1 680 680.00 Additional coordination with city staff and project team Lump Sum 1 4,480 4,480.00 Total 1172,740.00 REASONING FOR CHANGE ORDER/AMENDMENT Why is this contract amendment necessary? During the design process our project consultant has located an existing sewer lateral serving the NW Demolition property located at 8200 NW Hunziker Rd. The lateral extends from the existing sewer main under Red Rock Creek to the site. A new connection will be required as part of this project. Unfortunately,preliminary research provided to the consultant did not show the location of this crossing. The lateral location at the main line was verified by re-reviewing video and old video inspection reports between manhole structures. Private Utility locating and potholing is necessary to verify the horizontal location and vertical depth of the sewer lateral on the NW Demolition property. This was not included in the original scope of work. Alternative analysis for the sewer crossings is a requirement of the environmental permitting process (DSL/USACE), as the crossing will impact sensitive areas. This was factored into the original scope of work with the new trunk line yet additional work is necessary to evaluate potential impacts related to new services lines on the northwest side of the creek. Additional coordination with city staff and the project team are necessary to evaluate the environmental and economic impacts of performing work on the NW Demolition site. Coordination with the Hunziker Core (Wall Street Improvement project) is an unexpected effort necessary to ensure the designs work together and construction sequencing between projects is collaborated. What is required by this Contract Amendment: Additional design is required for connecting to the existing sewer lateral on the NW Demolition property. The design process will incorporate a new public sewer main that will serve the site. Additional right-of-way acquisition services are needed secure a public permanent sanitary sewer easement and a temporary construction easement on the NW Demolition property. An additional legal description and mapping will be required to define the proposed public sanitary sewer main on the subject property. Additional coordination with City staff and the project team is necessary to coordinate the design and permitting of the public sewer main on the NW Demolition property. Coordination efforts with the Hunziker Core (Wall St Improvement project) to collaborate design and construction sequencing. W- REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature Signature 3 — ice - ►co � l7 �I& 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 the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT PLANNING,DESIGN&CONSTRUCTION MANAGEMENT SERVICES-EAST TIGARD SEWER IMPROVEMENT(CONTRACT NUMBER 0140073) AMENDMENT #3 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and CRSNW, Inc, hereinafter referred to as Contractor, entered into on the 14th day of May, 2014,is hereby amended as follows: 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement, and for services required the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement, which shall constitute full and complete expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of One Hundred Seventy Two Thousand Seven Hundred Forty and No/100 Dollars ($ 000). ($172,740)without prior written authorization. Exhibits A.1 and B.1 are included for the amended work. EXHIBIT A.1 Scope of Services: 1. Provide utility locate service to mark the location of the existing lateral on NW Demolition property. Vacuum excavation service to determine depth of existing lateral. 2. Update topographic survey for lateral location as well as the area along the creek frontage where a possible new public sewer line would be extended to serve both the Hall Blvd and NW Demolition properties. 3. Prepare alternatives and estimated costs for the new public line. 4. Additional engineering for construction plans for the sewer extension. 5. Additional Right-of-way acquisition effort for the appraisal,tide report, and negotiation. 6. Prepare additional legal description and map for easement. 7. Additional coordination with City staff and project team for this effort and coordination with the Wall Street/Hunziker Core (Wall Street Improvement) design team. 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 (CONTRACTOR) Signature Signature Anthony R.Weller,President Printed Name Printed Name 3- / 7- March 16, 2016 Date Date �: CS � N /� City of Tigard L Y V East Side Trunk D-120 Contract Mod No 3 rol Kignt o Proj Proj Engr/ Survey Surveyor/ Survey Utility Utility Way Phase Task Mngr Planner Mngr Designer Crew Locate Pothole Acquisition Total A. Project Orientation/Data Collection 1. Survey Research $0 2. Project Schedule $0 3. Project kick off meeting. $0 4. Geotechnical investigation $0 Subtotal 0 0 0 0 0 0 0 0 $0 B. Design Survey 1. Utility Locate&Pothole 1 16 8 8 $5,560 2. Topographic Survey 5 14 20 $4,020 Subtotal 1 0 21 14 20 8 8 0 $9,580 C. Engineering Design 1. Construction Plans Alt.Analysis&Cost Est. 8 40 $6,080 . 90%Submittal&Constr.Cost est. 2 26 $3,440 100%Submittal,Contract Docs 10 $1,200 and cost estimate 2. Wetland/CWS Permitting Wetland Delination&Mit Plan $0 CWS SPL $0 JPA Preparation $0 Biological Assess/ESA Assist. $0 3. Permitting CWS Prescreen Application $0 120OCN Erosion Cntrl Permit $0 Site Works Permit $0 ODOT Rail $0 4. Property owner contact $0 5. Right-of-way acquisition&staking 4 4 2 2 5 55 $7,580 6. Easement exhibits and descriptions 2 6 $680 7. Meeting w/Project Team 16 16 $4,480 Subtotal 30 96 4 8 5 0 0 55 $23,460 D. Construction Services 1. Submittal Review $0 2. RFI Responses $0 3. Construction Staking $0 4. Construction Admin/Obsery $0 5. Record Drawings $0 6. Project Closeout $0 Subtotal 0 0 0 0 0 0 0 0 $0 TOTAL LABOR HOURS 31 96 25 22 25 8 81 55 $33,040 Phase Summary A. Project Orientation/Data Collection $0 B. Design Survey $9,580 C. Engineering Design $23,460 D. Construction Services $0 Expense Allowance(Printing) $0 Total Labor& Expenses $33,040 ILI I u At � � e / 1 R , j NW DEMOLITION ------ CRYSTAL / LANDSCAPING, HUTTIG LLC �' BUILDING / SUPPLIES � w /- LAN DCARE I z I = � I / AGILYX I CHARTER POTSO DOG MECHANICAL j PARK11 ------ -------------- --------WALL STREET -------------------------------- FIELDS ----------_------_ --FIELDS TRUST PROPERTY CLEAN WATER SERVICES OBLIGATION TIGARD OBLIGATION ENGINEPUBLIC WORRING DIVISION EAST TIGARD SEWER ,1 PUBLIC WORKS DEPARTMENT 13125 S.W. GOO 8L�. REPLACEMENT (D 120) �. T/G4RD, OREGON 97223 VOICE- 503-639-4171 FAX: 503-624-0752 ww.TlG4RD-OR.GOV ATTACHMENT 'A' V.2 CES INW March 16, 2016 Jeff Peck, Sr. Engineering Tech City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: East Tigard Trunk Sewer—Contract#C140073 Contract Amendment No. 2 Dear Mr. Peck: As we have discussed, this contract amendment is for the additional services to extend a new public sewer line to the NW Demolition property(2S101CB00200) which could also serve the Hall Blvd property (2S101CB00400). This public line would replace two private sanitary lateral crossings of the existing creek with one public line. The public line would provide improved sewer service to these properties in the case of redevelopment. Since the East Tigard Trunk is being relocated out of the creek, it is prudent to install this public line as part of this project. Extending this public line now minimizes disturbance to the wetlands and creek while maintaining sanitary service to the two properties. This new public main and associated lateral connections would add approximately 600 lineal feet of pipe while eliminating a several hundred feet of private lateral and an additional creek crossing. This additional footage is approximately 30 percent of the total project length. The following work program is anticipated to accommodate this effort: 1. Private utility locates. Private utility locate service to mark the location of the existing lateral on the NW Demolition property. A vacuum excavation service to determine the depth of the existing lateral. 2. Update topographic survey for the lateral location as well as the area along the creek frontage where a possible new public sewer line would be extended to serve both the Hall Blvd and NW Demolition properties. 3. Prepare alternatives and estimated costs for the new public line. 4. Additional engineering for construction plans for the sewer extension. CESNW,INC. 13190 SW 68TH PARKWAY, STE. 150,TIGARD,OR 97223 503.968.6655 TEL 503.968.2595 FAX www.CESNw.00M Mr.Jeff Peck EAST TIGARD TRUNK Page 2 of 2 5. Additional right of way acquisition effort for the appraisal, title report, and negotiation. Also includes staking preliminary alignment to support right of negotiations. 6. Prepare additional legal description and map for easement. 7. Additional coordination with City staff and project team for this effort and coordination with the Wall Street design team. The additional services for this contract modification include: 1. Utility locate and pothole services........................................................................$5,560.00 2. Update topographic survey for utility locates and additional sewer ...................$4,020.00 3. Alternative analysis for service to NW Demolition...............................................$6,080.00 4. Additional engineering for construction documents............................................$4,640.00 5. Additional right of way appraisal and negotiation services..................................$7,580.00 6. Additional legal description and map ......................................................................$680.00 7. Additional coordination with staff and project team ..........................................$4,480.00 Total .................................................................................................. $33,040.00 Original Contract Amount ..........................$129,160.00 Previous Amendments.................................$10,540.00 Current Amendment....................................$33,040.00 Revised Contract Amount.......................$172,740.00 Let me know if you have any questions or comments regarding the proposed amendment. Sincerely, CESNW, Inc. qn*t h'oniy , Iter :E."P: . President 2997-Contract Mod 3.doc City of Tigard •t CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. ' AMENDMENT'UMMARY Tigard,Oregon 97223 Phone-(503) 639-417417 1 FIELD CHANGE ORDER FORM Fax-(503) 684-7297 ._�,i�t�•tit.*aid-o�i��_ Project Title: Planning,Design&Construction Project Manager:Jeff Peck Management Services—East Tigard Sewer Contractor: CES I NW Original Contract#: C140073 Effective Dates: 5/14/14 Change Order/Amendment Amount: $10,540 Accounting String: 500-8000-56005-93913-130 Amendment Percentage Running TotaL• 8.16% AMENDMENT DETAILS Contract to be amended to account for the following Private Utility locate/potholing services Update topographic survey for utility locates&prepare early estimate for CWS IGA cost sharia Additional ground water monitoring CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract: 129,160.00 Utility locate/potholing services Lamp Sum 1 2,500 4500.00 Update topographic survey&estimate for IGA Lump Sum 1 3,200 3.200.00 Additional ground water monitoring Lump Sum 1 2,640 2,640.00 Right-of-way assistance for right of en Lum Su1 2,200 2,200.00 Total m 139,700 REASONING FOR CHANGE ORDER/AMENDMENT Utility locating and potholing is needed to determine the route and depth of the existing sewer lateral serving properties located at 12700 SW Hall Blvd. This lateral connects to the existing 12"mainline under the creek. Determining the location and depth on the north side of the creek will let us know if we have the depth to connect to it. If not,we will install a manhole in the mainline and terminate the existing line upstream of the manhole. A private fire line was not located at 7940 SW Hunziker St when utilities were originally located. The line has to be located to determine if it conflicts with the proposed sewer alignment. The topographic survey will be updated once the fire line is located and the sewer lateral depth and alignment are determined. Additional field work is required prior to updating the topographic map. City is requesting a non- scheduled construction cost estimate based on approved alignment to assist with refining CWS-COT IGA. The geotechnical engineering firm has been providing ground water monitoring for the project at no cost. The. Additional ground water monitoring will include additional site visits by the geotechnical firm to measure and document ground water levels. It will improve the information provided to contractors bidding the project. Right-of-way assistance to secure right of entry for potholing and locatin REQU STING PROJECT MANAGER APPRO G ITY STAFF Signature Signature �t to tS (0 t0 ` 2_cDr,si Date Date - -- Contractor is hereby authorized by the City of Tigard to perform CO OR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all ,/G mss 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 encumhrances are.,.et. Remenber—the cumulative total of Amendments cannot exceed the project's FY budget. Date Jeff Peck From: Jeff Peck Sent: Monday, November 09, 2015 8:23 AM To: 'Tony Weller' Subject: CA2-East Tigard Sewer Attachments: Amendment#2-Sum-Form 11-5-15 .docx Thanks Tony. Please review the contract addendum. This is number 2 as number 1 was for a time extension. I added the$1000 to "update topographic survey". This is the estimate money. Lori is out until tomorrow morning. I want to run this by her prior to routing. We talked about it last week so there should be no surprises. If this looks correct to you, please sign it and email it back. Or you can wait to hear back from me. I will let you know tomorrow if there are any hook-ups. We have an 8:00 am PM meeting on Tuesday, so we should be moving it forward after that. Jeff From: Tony Weller [mailto:tweller(a)cesnw.com] Sent: Monday, November 09, 2015 8:06 AM To: Jeff Peck Subject: RE: CHARTER MECHANICAL AS CONSTRUCTED DOCUMENT Thanks Jeff—Yes, we will make the 10hrs work. I will also try to be there at 10am. -Tony From: Jeff Peck [mailto:JeffP(dtigard-or.gov] Sent: Monday, November 9, 2015 7:30 AM To: Tony Weller Subject: CHARTER MECHANICAL AS CONSTRUCTED DOCUMENT Tony- The utility sheet I provided you last week regarding the Charter Mechanical/Coe Manufacturing building addition is inaccurate. This one shows the actual path of the fire line. Also,there may be power conduit running parallel to the fire line. There is an existing 48" storm line running parallel to Hunziker to the creek. It does some meandering in the Charter Mechanical property prior to discharging. Mike White has indicated that it is 48" CMP. I am not sure if your topo has picked that up. We are conducting a site walk this morning at 10:00 am. My intent is to get our maintenance people out there to buy off on the alternative alignment. 1 We are meeting at the Potso Dog Park. If you have an opportunity to attend, I think it would be beneficial for you or one of your engineers to be there. Regarding the estimated cost to put together a prelim estimate, can you take that down to 10 hours instead of 16 hours? Jeff Peck Project Coordinator City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Phone: 503-718-2466 Mobile: 971-295-6588 Fax: 503-624-0752 E-mail: ieffp@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance v,,ith the Oregon Administrative Rules "City General Records Retention Schedule." i I 2 Jeff Peck From: Jeff Peck Sent: Monday, November 09, 2015 7:30 AM To: 'Tony Weller' Subject: CHARTER MECHANICAL AS CONSTRUCTED DOCUMENT Attachments: AS CONSTRUCTED-7940 HUNZIKER BUILDING ADDITION.pdf Tony- The utility sheet I provided you last week regarding the Charter Mechanical/Coe Manufacturing building addition is inaccurate. This one shows the actual path of the fire line. Also, there may be power conduit running parallel to the fire line. There is an existing 48" storm line running parallel to Hunziker to the creek. It does some meandering in the Charter Mechanical property prior to discharging. Mike White has indicated that it is 48" CMP. I am not sure if your topo has picked that up. We are conducting a site walk this morning at 10:00 am. My intent is to get our maintenance people out there to buy off on the alternative alignment. We are meeting at the Potso Dog Park. If you have an opportunity to attend, I think it would be beneficial for you or one of your engineers to be there. Regarding the estimated cost to put together a prelim estimate, can you take that down to 10 hours instead of 16 hours? Jeff Peck Project Coordinator City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Phone: 503-718-2466 Mobile: 971-295-6588 Fax: 503-624-0752 E-mail: ieffp@ti�ard-or.�ov 1 CESINW October 12, 2015 Jeff Peck, Sr. Engineering Tech City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: East Tigard Trunk Sewer—Contract#C140073 Contract Amendment No. 1 Dear Mr. Peck: As we have discussed, this contract amendment is for the additional services to locate additional private utilities on 7924-40 SW Hunziker Road and to locate and determine the depth of the existing sanitary lateral on 12700 SW Hunziker Road. The work will include private utility locate firm, utility vacuum excavation for depth and field survey to map the location information. The right of way consultant will assist with contacting the two property owners and obtain written permission for the potholing/utility locating work. The contract modification will also include increased ground water monitoring by the geotechnical consultant to check ground water levels in the piezometer set on the site to improve the information provided to contractors bidding the project. Ground water monitoring will include site visits approximately once a quarter to measure and document ground water levels in the piezometer installed during the original testing. The purpose of the work is to determine if an alignment change can be made to improve future maintenance access by moving a section of the main outside of the stream corridor and to reduce construction costs. The additional services for this contract modification include: 1. Utility locate/potholing services...........................................................................$2,500.00 2. Update topographic survey for utility locates ......................................................$2,200.00 3. Additional ground water monitoring ...................................................................$2,640.00 4. Right of Way assistance for utility locates on two properties..............................$2,200.00 Total .................................................................................................... $9,540.00 CESNW,INC. 13190 SW 68TH PARKWAY, STE. 150,TIGARD,OR 97223 503.968.6655 TEL 503.968.2595 FAX WWW.CESNW.COM hd t S s k N C. T► E Td E11h UAA,7L G U N&Tam C-11 6-V4 Mr. Jeff Peck EAST TIGARD TRUNK Page 2 of 2 Original Contract Amount..........................$129,160.00 Current Amendment......................................$9,540.00 Revised Contract Amount.......................$138,700.00 Let me know if you have any questions or comments regarding the proposed amendment. Sincerely, CESNW, Inc. Anthony R. W Iler, P.E., P.L.S. 2997-Contract Mod 1.doc Jeff Peck From: Tony Weller <tweller@cesnw.com> Sent: Monday, October 19, 2015 4:26 PM To: Jeff Peck Subject: RE: tweaks to the layout - East Tigard Sewer Attachments: East Tigard Trunk contract Mod 1_CESNW.pdf Jeff—Here is our proposed contract modification. I included the right of way folks for the two properties. We estimated the quarterly ground water checks until spring of 2017 (assuming a later construction start). The vac exc and locating services give us a cost range so I included what I thought would be upper limit. Also the right of way folks did the same with $500 to$1000 per property depending on the effort needed to get the approval. So on a time and materials not to exceed basis this should be on the high side but get it done. Let me know if you have any questions. I am going to be at the APWA conference but I will be checking emails and will respond to any of your questions. Thanks—Tony Tony Weller, P.E., P.L.S. President CESNW, INC. 13190 SW 68th Parkway, Suite 150 Tigard, OR 97223 503.968.6655 p 503.968.2595 f 503.866.6550 c tweller(a)cesnw.com www.cesnw.com From: Jeff Peck [mailto:JeffP@tigard-or.gov] Sent: Monday, October 19, 2015 7:40 AM To: Tony Weller Subject: RE: tweaks to the layout - East Tigard Sewer What kind of time and cost are they talking about? A couple of hours per property and one property per person? You might as well throw it in there, and we will look at it. From: Tony Weller [mailto:twellerC&cesnw.com] Sent: Monday, October 19, 2015 7:24 AM To: Jeff Peck Subject: RE: tweaks to the layout - East Tigard Sewer Hi Jeff—I have the costs for the pot holing and survey but I wasn't sure if I need to include any right of way agent work to get permissions on each property for the vac exc work. Should I include right of way agent time to get those permissions? When I talked with the agent he thought it would be better for them to do it, in that it helps start the relationship with the property owners. Right now it's only the two properties. Let me know,thanks—Tony 1 Tony Weller, P.E., P.L.S. President CESNW, INC. 13190 SW 68th Parkway, Suite 150 Tigard, OR 97223 503.968.6655 p 503.968.2595 f 503.866.6550 c tweller(@cesnw.com www.cesnw.com From: Jeff Peck [mailto:JeffP()tigard-or.gov] Sent: Monday, October 19, 2015 7:16 AM To: Tony Weller Subject: RE: tweaks to the layout - East Tigard Sewer Get me costs for the extra work. I will get you the contact information of the property owner. You can work out schedule of activities. We have been waiting for MSA wrap-up on water to meet internally. Info came on Friday and I have not looked at it yet. I will be reviewing today. I will call you tomorrow to discuss. From: Tony Weller [mailto:tweller(a)cesnw.com] Sent: Friday, October 16, 2015 10:04 AM To: Jeff Peck Cc: John Jensen Subject: RE: tweaks to the layout - East Tigard Sewer Hey Jeff—Have you had a chance to look at this yet? Also can we chat about how property owner permission to do the vac exc work will be carried out(by our right of way folks or the City)? Thanks—Tony Tony Weller, P.E., P.L.S. President CESNW, INC. 13190 SW 68th Parkway, Suite 150 Tigard, OR 97223 503.968.6655 p 503.968.2595 f 503.866.6550 c tweller(a�cesnw.com www.cesnw.com From: Tony Weller Sent: Tuesday, October 6, 2015 8:16 AM To: 'Jeff Peck' Cc: jimbrie@geopacificeng.com; John Jensen Subject: RE: tweaks to the layout - East Tigard Sewer 2 Jeff— If we want to vac exc and locate the sanitary lateral on the other side of the creek. How would you want us to handle getting permission to do this work from the property owner? Would the City do it from a right of entry perspective or should we have the right of way folks work on some kind of permission to do this? Here is a 40-scale version of the plan and profile of the alternative alignment we discussed. I would like to move the manhole that is at 400 feet and behind the building to be westerly of the building. We could do this by either being longer than 400 feet or by adding a manhole on the east side of the building. The line is about 12-feet deep and we have it at 16 feet from the building so it's pretty close to the 1:1 from the bottom of a footing if we estimate a 1 to 2 foot from finished grade to the bottom of the footing. I will send it to Jim Imbrie as well to see if he has any concerns. The other option would be to directional bore it but I am not sure about their ability to control line and grade at that slope. Look it over and let me know your thoughts. I am in southern Oregon for a hearing tonight and will be back in the office tomorrow afternoon. Thanks—Tony Tony Weller, P.E., P.L.S. President CESNW, INC. 13190 SW 68'" Parkway, Suite 150 Tigard, OR 97223 503.968.6655 p 503.968.2595 f 503.866.6550 c tweller(a)cesnw.com www.cesnw.com From: Jeff Peck [mailto:JeffPCatigard-or.4ov] Sent: Thursday, October 1, 2015 7:21 AM To: Tony Weller Subject: RE: tweaks to the layout - East Tigard Sewer Thanks Tony. Please generate costs for the three additional items we discussed in the meeting and send them over as well. Recap— • Ground water monitoring by GeoPacific • Locating fire line for • Locating existing sanitary sewer lateral at Oregon Aqua Farm (north side of creek). May require excavation/vac- x and tv through existing cleanout. Pipeline Plumbing located off Tigard street is good at locating sewers and toning for approx. depth. Just a thought From: Tony Weller [mailto:tweller(a)cesnw.com] Sent: Thursday, October 01, 2015 7:12 AM To: Jeff Peck Cc: John Jensen Subject: RE: tweaks to the layout - East Tigard Sewer 3 Hi Jeff—I have someone working on it and should have something for you to look at early next week. -Tony Tony Weller, P.E., P.L.S. President CESNW, INC. 13190 SW 68th Parkway, Suite 150 Tigard, OR 97223 503.968.6655 p 503.968.2595 f 503.866.6550 c tweller(a),cesnw.com www.cesnw.com From: Jeff Peck [mailto:JeffPCa>tigard-or.gov] Sent: Thursday, October 1, 2015 6:52 AM To: Tony Weller Subject: tweaks to the layout- East Tigard Sewer Good morning Tony. Last week you were going to take a look at moving the sewer alignment around (into the gravel drive aisle behind the building near Hunziker, and possibly through the vegetated filter). What is the status of this? I would like to set up a meeting here with some folks to discuss the alignment. Jeff Peck Project Coordinator City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Phone: 503-718-2466 Mobile: 971-295-6588 Fax: 503-624-0752 E-mail: jeffp@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 4 City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. AMENDMENT SUMMARY Tigard,Oregon 97223 Phone-(503) 639-4171 FIELD CHANGE ORDER FORM Fax- (503) 684-7297 Z I , %vww,Ugard--or. Project Title: Planning, Design&Construction Project Manager:Jeff Peck Management Services—East Tigard Sewer Contractor: CES I NW Oripinal Contract#: C140073 Effective Dates: 5/14/14 Change Order/Amendment Amount: $0 .Accounting String: 500-8000-56005-93913-130 1 Amendment Percentage Running Total: 0% AMENDMENT DETAILS Change in contract termination date only. Extend contract to December 31, 2016 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Project was put on hold. Design will restart in FY2016. REQUESTING PROJECT MANAGER APPR CITY STAFF e Signature Si ature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACMR 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 �Q the encumbrances are met, Remember—the cumulative total Of Amendments cannot exceed theproject's FY budget. Date CITY OF TTIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVER Y CONTRA CT) C10OU Contract Title: Planning, Design&Construction Management Number: Services—East Tigard Sewer Improvement Contractor: CESNW, Inc. Contract Total: $129,160.00 Contract Overview: Project consists of replacing pipe southwest of Hunziker road, constructing new alignment that moves the sewer line, and installs and main extension southerly to Wall Street to serve the area. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low Risk Reduction Steps: Risk Comments: Risk Signature: / Contract Manager: fila'NC1(— Ext: �y�G' Department: r1 Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ® Other: Eng. Sys. Agrmt. Start Date: 5/14/14 End Date: 6/30/15 Quotes/Bids/Proposal: FIRM SCORE CESNW 278 Westlake 270 Account String: Fund-Division-Account Work Order—Activity T�.Te Amount FY13-14 500-8000-56005 93013-..�*r 1-30 $129,160.00 Approvals - LCRB Date: 5/13/14 Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a completed Contract Checklist. Contract Number C-) CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT PLANNING,DESIGN&CONSTRUCTION MANAGEMENT SERVICES— EAST TIGARD SEWER IMPROVEMENT THIS AGREEMENT,made and entered into this 14"' day of May, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and CESNW, Inc, whose authorized representative is Anthony Weller, P.E., RLS., 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 2013-2014 budget provides for planning, design and construction management services for the East Tigard Sewer Improvement 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 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 A, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended,upon completion of the work or June 30, 2015,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of One Hundred Twenty-Nine Thousand One Hundred Sixty and No/100 Dollars ($129,160.00) without prior written authorization. 2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Engineer periodically,but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the engineer for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit B of this contract for minor project additions and/or alterations. D. Certified Cost Records The Engineer shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or social security number, as the City deems applicable. F. Payment—General 1) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Engineer shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 3) Engineer shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 2 1 1' a „ c to the employees of Engineer or all sums which Engineer agrees to pay for such services and all moneys and sums which Engineer collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services furnished to Engineer, sub-consultant or subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due to the Engineer. The payment of the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings as well as storage device such as thumb drive or sd card 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 East Tigard Sewer Improvement—Planning,Design,Construction Management 3 1 P a .ti c 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 East Tigard Sewer Improvement—Planning,Design,Construction Management 4 1 P a g c G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Engineer of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Engineer agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Engineer or its subcontractors, sub- consultants, agents or employees in performance of this contract at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Engineer agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. D. As used in subsections B and C of this section,a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Engineer, regardless of the type of claim made against the City in performance of this contract. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Engineer unrelated to the quality of professional services provided by Engineer in performance of this contract. 8. Insurance Engineer and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Engineer's activities or work hereunder, including the operations of its 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 5 1 P 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 East Tigard Sewer Improvement—Planning,Design,Construction Management 6 1 P a =; c 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 Cityreserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. I. Certificates of Insurance As evidence of the insurance coverage required by the contract,the Engineer shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 7 1 (' a g, r K. Primary Coverage Clarification The parties agree that Engineer's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard,Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance,Engineer shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph,it shall pay Engineer for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state,local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 81 P a 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 East Tigard Sewer Improvement—Planning,Design,Construction Management 9 111 a g c 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 CESNW,INC Attn: Jeff Peck, Sr. Engineering Tech Attn:Anthony Weller,PE,PLS Address: 13125 SW Hall Blvd. Address: 13190 SW 68"'Pkwy, Suite 150 Tigard,Oregon 97223 Tigard OR 97223 Phone: (503) 718-2466 Phone: (503)968-6655 Fax: (503) 684-7297 Fax: (503)968-2595 Email: 'cf( ati,rd-or.gc)v Email: mveller�c,cesnw.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. McWer 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. Fotce 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 East Tigard Sewer Improvement—Planning,Design,Construction Management 10 1 P a ~ L; restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 17. Errors Engineer shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra(Changes)Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,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 East Tigard Sewer Improvement—Planning,Design,Construction Management 111 P a g 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. This Agreement was awarded by Tigard's Local Contract Review Board at their May 13,2014 business meeting. CITY OF TIGARD CE INC -1 h tV, . An /tYc By:Marty Wine, City Manager By:Autho 'z d Contractor Representative S � 1-?•�or� 5/22�1� Date Date 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 12 1 P a EXHIBIT A SCOPE OF SERVICES The Engineer shall render professional engineering services as described below: Purpose The project consists of replacing the first pipe run of pipe, immediately southwest of Hunziker Road, in place and then along a new alignment that moves the sewer line closer to the edge of the CWS vegetated corridor. Included in the project is a new main extension southerly to Wall Street to serve that area. The East Tigard Trunk replacement project will include topographic surveying, wetlands and sensitive lands permitting, engineering design, construction permitting, and construction services. The following services are Included. A. PROJECT RESEARCH /DATA COLLECTION: 1. Survey Research. Obtain existing utility and as-built information from the City. Set up the base map of the project area. Provide a preliminary alignment for the proposed sewer improvements. Alignment to be presented at the Kick-off Meeting. 2. Prepare preliminary project schedule 3. Project Kick-off Meeting. Meet with project team, review project schedule and deliverables. 4. Geotechnical Investigation. Evaluate the subsurface conditions at the site,representative of the preliminary alignment, and provide geotechnical recommendations for the sewer line replacement. The investigation will provide conclusions and recommendations regarding: geology and seismicity, subsurface conditions, groundwater, anticipated dewatering requirements, excavating conditions, and trench backfill requirements. The report will include soil/design parameters the contractor can use for trench safety design. The testing will include 3 borings up to 15 feet deep, a piezometer and two test pits. B. DESIGN SURVEY: 1. Establish Horizontal and Vertical Survey Control. Setup conventional and GPS control and tie existing monumentation necessary to establish the existing right-of-way,property lines and easement locations within the project limits. Run vertical control from nearest City/County bench mark. Datum will be based on the City of Tigard's datum. 2. Topographic Survey. Topographic design survey will include existing topographic features, contours, trees,utilities, etc.within the project area. C. ENGINEERING DESIGN: 1. Construction Plans: 60% Construction Documents&Cost Estimate Preliminary drawings to include: • Title sheet • Existing conditions plans • Sanitary plan and profile sheets 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 13 P a } • Major Construction Details Note: The 60% drawings will be used to determine the wetland and vegetative corridor impacts and permit requirements. The permit submittals will occur between 60% and 90% Construction Plan submittals to the City. Permit submittals to be incorporated into 90% Construction Document submittal to City. 90% Construction Documents, Cost Estimate,and Project Specifications Sheet Index to Include but not limited to: • Title sheet • Existing conditions plans • Sanitary plan and profile sheets • Construction Detail Sheets • Wetland Planting Mitigation Plan • Vegetated Corridor Restoration Plan Incorporate comments from the 60% City Plan Review. 100% Construction Documents,Cost Estimate,and Project Specifications Sheet Index to Include but not limited to: • Title sheet • Existing conditions plans • Sanitary plan and profile sheets • Construction Detail Sheets • Wetland Planting Mitigation Plan • Vegetated Corridor Restoration Plan Incorporate comments from 90% City Plan Review. 2. Permitting-Consultant to prepare and submit the following applications to local, state, and federal agencies. Permit fees to be paid by the City. Permitting to include but may not be limited to the following: a. Wetland Delineation and Permitting: 1) Conduct wetland delineation,prepare delineation report,and solicit concurrence from applicable State Agencies. (Deliverable: 609/6) 2) Prepare onsite or offsite wetland mitigation plans. If offsite, the project location will be provided to you by City staff. (Deliverable: Between 60% and 90%). 3) Determine the Vegetated Corridor condition based on the Natural Resource Assessment guidelines contained in the Clean Water Services (CWS) Design and Construction Standards. (Deliverable: 60%) 4) Prepare and submit a Standard Site Assessment to CWS. (Deliverable: Between 60%and 90%) 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 14 1 P a c 5) Prepare and submit a Tier 2 Alternatives Analysis for buffer encroachment meeting Design and Construction Standards if applicable. (Deliverable: Between 60%and 90%) 6) Provide vegetated corridor enhancement plans meeting CWS requirements. (Deliverable: Between 60%and 90%) 7) Solicit Service Provider Letter (SPL) from Clean Water Services. (Deliverable: Between 60%and 909/6) 8) If impacts to wetlands or other jurisdictional waterways cannot be avoided, Consultant shall prepare a Joint Permit Application QPA) for submittal to the Oregon DSL and USACE. Consultant shall quantify the volume of removal/fill resulting from the project and the types of habitat impacted. A pre-application meeting will be held with the City and jurisdictional agencies at the beginning states of the project to discuss agency requirements and approximate timelines for the project. Consultant shall coordinate with other state and federal agencies, including the State Historic Preservation Office, the Oregon Department of Fish and Wildlife,and the U.S. Fish and Wildlife Service during informal and formal consultation,to obtain necessary approvals and authorizations for the project. Consultant shall provide 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 USACE. (Deliverable: Between 60% and 90%) 9) If federal agencies determine that Threatened and Endangered (T&E) species are located in the vicinity of the project construction area,a Biological Assessment may be required. Consultant shall prepare any necessary Biological Assessment to assess potential project impacts to 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 Biological Assessment must include both short and long-term mitigation measures to implement during project construction. (Deliverable: Between 60% and 90%) b.Additional Applications/Permits to be Submitted by Consultant: 1) Submit Pre-Screen Application to CWS. (Deliverable: Submittal to be determined by schedule. Prior to 60%). 2) Prepare and submit 1200-CN to CWS if applicable. (Deliverable: at 90%) 3) Prepare and submit Site Works Permit for Erosion Control to City-Building Department. (Deliverable: Final Construction Documents) 4) Assist with preparation of Tree Removal Application, exhibits,if applicable. City staff to prepare narrative and submit to Community Development for approval. (Deliverable: 90%) 5) Obtain ODOT/Railroad permit for connection to existing sanitary sewer manhole. (Deliverable: Provide at Final Construction Document Submittal) 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 151 P a g e 3. Property Owner contact: Meet with affected property owners to review potential impacts and gather input. The City will prepare and send a letter to set up a meeting and detail the project scope, property impacts,and solicit right-of-entries to perform design services. Consultant to attend meeting(s). (Deliverable: City to arrange after Kick-off Meeting) 4. Right-of-Way Acquisition Services: Provide title coordination and appraisal services. Negotiate acquisition of temporary construction easements and permanent sanitary sewer easements for the new sewer alignment. Prepare legal descriptions and maps for permanent and temporary easements. Provide survey staking for proposed manholes,temporary and permanent easements. (Deliverable: Between 60%and 90%) 5. Coordination and Meetings with City Project Team: • Review engineering design with City Staff at 60%and 90%,and 100% submittals. • Regular updates to City staff • Monthly project status reports • Schedule updated monthly • Monthly invoices *Monthly project status reports to identify where project is at, Percentage Complete, for all project phases. 6. Bidding Assistance: Conduct a Pre-bid meeting at the City of Tigard. Respond to bidder inquiries. Prepare Addenda during the bidding process as necessary. Review bid pricing with City project manager during the protest period. D. CONSTRUCTION SERVICES: 1. Provide submittal review— comments and approval to be provided to the City within 3 business days. 2. Respond to RFI's during construction process — Provide responses to RFPs within 3 business days. 3. Construction Staking: • Verify existing control monuments • Set horizontal control points in the project area as necessary. • Set project benchmarks as necessary. • Stake project clearing limits. • Stake locations of manholes, cleanouts, connection points, and provide offsets with cuts to flow line. 4. Construction Administration/Site Observation: 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 16 1 P a ,' c • Review contractor pay requests, quantity verification, and provide recommendations to the City project manager. • Review change orders and provide recommendations to the City project manager. • Provide periodic construction on an on-call basis. 5. Record Drawings: Prepare record drawings showing the as constructed facilities based on construction observation, contractor provided notes, and survey verification. Survey verification to include the following: • Provide horizontal locations of manholes and cleanouts. • Provide vertical data including rims, invert elevations of pipes at manholes and cleanouts. • Provide finish manhole diagrams (including pipe locations, steps, and bench). • Provide drawings in PDF format and AutoCad format. 6. Project Closeout: Final walk through with City staff and contractor. Provide project files as required by City. 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 17 1 1' a 1;c EXHIBIT B ENGINEER'S PROPOSAL 2014 East Tigard Sewer Improvement—Planning,Design,Construction Management 18 P 3 r S C � Nw Cit of Ti and 1. East Side Trunk D-120 roJ ig o Proj Proj Engr/ Survey Surveyor/ Survey Wetlands Geotech Way Phase Task Mngr Planner Mngr Designer Crew Scientist Engnieer Acquisition Total A. Project Orientation/Data Collection 1. Survey Research 1 2 $200 2. Project Schedule 1 3 $520 3. Project kickoff meeting. 2 4 $800 4. Geotechnical investigation 70 $7,000 Subtotal 3 7 2 0 0 0 70 0 $8,520 B. Design Survey 1. Establish Horz&Vert Control 9 15 $2,700 2. Topographic Survey 6 60 58 $12,360 Subtotal 0 0 15 60 73 0 0 0 $15,060 C. Engineering Design 1. Construction Plans 60%Submittal&Constr.Cost est. 16 110 $15,760 90%Submittal&Constr.Cost est. 12 56 1 $8,640 100%Submittal,Contract Docs 8 20 $3,680 and cost estimate 2. Wetland/CWS Permitting Wetland Delination&Mit Plan 4 39 $4,380 CWS SPL 4 30 $3,480 JPA Preparation 8 89 $9,860 Biological Assess/ESA Assist. 81 41 $5,060 3. Permitting CWS Prescreen Application 4 $480 120OCN Erosion Cntrl Permit 4 $480 Site Works Permit 4 $480 MOT Rail 8 $960 4. Property owner contact 4 16 $2,560 5. Right-of-way acquisition&staking 2 4 4 8 241 234 $28,120 6. Easement exhibits and descriptions 4 6 33 $3,720 7. Meeting w/Pro'ectTeam 6 6 $1,680 Subtotal 48 260 10 41 24 199 0 234 $89,340 D. Construction Services 1. Submittal Review 2 8 $1,280 2. RFI Responses 2 8 $1,280 3. Construction Staking 3 12 24 $4,140 4. Construction Admin/Obsery 4 40 8 8 $7,040 5. Record Drawings 4 4 6 $1,520 6. Project Closeout 4 $480 Subtotal 8 64 3 16 30 8 a 0 $15,740 TOTAL LABOR HOURS 59 331 30 117 1271 207 78 234 $128,660 Phase Summary A. Project Orientation/Data Collection $8,520 B. Design Survey $15,060 C. Engineering Design $89,340 D. Construction Services $15,740 Expense Allowance(Printing) $500 Total Labor&Expenses $129,160