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Wallis Engineering ~ C150047 City of Tigard CONTRACT CHANGE ORDER / 13125 S)'Hall Blvd. � 7223 AMENDMENT #3 SUMMARY FORM 'Tigard, Oregon 9 Phone- (503) 6397223 Fax- (503) 684-7297 www.dgard-or.gov Project Title: Engineering for 95`' and North Dakota Project Manager: Mike McCarthy Sidewalks Contractor: Wallis Engineering Original Contract#: C150047 Effective Dates: 5/03/16 Chane Order/Amendment Amount: $11,533 AccountingStrin :200-8000-56005-95045-130 Amendment Percentage Running Total: 38.33% AMENDMENT DETAILS This supplemental agreement includes additional work by Wallis Engineering to provide design engineering services during construction, additionalright-of-way negotiation efforts from Wallis and ROWA. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract 64,340 Amendment 1 13,130 Amendment 2 (Time Only) Amendment 3 LS 1 11533 11,533 TOTAL I I 1 89,003 REASONING FOR CHANGE ORDER/AMENDMENT Plan changes were requested to provide an ADA accessible walk across portions of two driveways on SW 95`h Avenue located in the right-of-way. Plan changes were requested to connect an unburied property drain that was daylighting into an existing ditch. The ditch was to be removed and the property drain was connected to the storm system in SW 95`h Avenue. Additional right-of-way negotiation, coordination efforts, and mapping were required for two properties in the project limits. REQUESTING PROJECT MANAGER APPROVING CITY STAFF Signature V Signature LLQ . 1 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 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT SIDEWALK INFILL—NORTH DAKOTA STREET&95'x'AVENUE CONTRACT#C150047 AMENDMENT#3 The Agreement, made and entered into this 8`h day of January, 2015, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose authorized representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer," 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 in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based on 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 Seventy cove., Thousa ,a Four- Hued Seventy and No/100-Demos ($77,470.00)Eighty Nine Thousand Three and No/100 Dollars ($89,003.00) without prior written authorization. EXHIBIT A SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Project Coordination. Provide coordination and communication with City's project manager, design team, and affected agencies and stakeholders. This task assumes three one-hour meetings and includes monthly preparation of status reports and invoices. The original scope of services assumed a design phase to be completed in May 2015. Due to additional effort in right-of- way acquisition, the project development phase is assumed to continue through January 2016. Additional services are required to provide coordination through the design development phase. TASK 3 DESIGN ENGINEERING 3.4 Utility Coordination. The original contract assumed an allotment of 12 hours for utility coordination with private utilities. The effort required, an additional nine hours, exceeded the original allotment due to unresponsiveness on the part of private utility providers. An onsite coordination meeting and field visit were attended by Wallis Engineering at the request of the City which was not included in the original scope. 3.5 Construction Design Revisions (New Sub-Task). Following contract bidding, the City requested that Wallis Engineering complete a plan revision to include design of the following two items: • Design of two driveways along SW 956 avenue to be reconstructed to ADA compliance. An additional plan sheet was included showing driveway details. • Design of connection from proposed catch basin to existing private drain line at 11485 SW 95`h Avenue. This drain was unburied near the roadway by the property owner following project bidding and discovered as needing to be addressed with this project. Wallis Engineering also completed coordination with the property owner as requested by the City. TASK 6 RIGHT-OF-WAY ACQUISITION 6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be adjacent to SW North Dakota Street and be limited to a single property owner. Right-of-Way Associates (ROWA) will assist with right-of-way requirements for the project. The original scope of services required one acquisition of right-of-way and one temporary construction easement; it was also assumed that this acquisition would be made via donation and no title report would be necessary. During design development it was determined that two additional right-of-way acquisitions and one additional temporary construction easement were required for the 95`h Avenue sidewalk improvements. CA 1 added the following additional services for Right of Way Associates and coordination by Wallis Engineering: • Three Preliminary Title Reports and Title Coordination • One appraisal and appraisal review of a partial taking • Two Negotiations for strip taking of right of way and a Temporary Construction Easement The fee for the effort included with CA 1 assumed that property owners would be generally agreeable with the project, and that there would be a minimal amount of negotiations with them. This did not provide to be the case for two parcels, and negotiation efforts b ROWA were required above the level of effort assumed; additional efforts by Wallis Engineering were also needed to support negotiation efforts, including: • Updated legal description exhibits • Two project site visits by Wallis Engineering to mark right of way lines. • Coordination of hedge replacement on Plavak property. • Coordination with ROWA for right of way certification by Washington County CDBG office. 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 WALLIs ENGINEERING Signature Signature NAD r4-'k Vit- L-, VV;ne, Wendy Schmidt Printed Name Printed Name '6— (q• 26�So 05/19/2016 Date Date i WALLIS ENGINEERING EXHIBIT A2 —SCOPE OF WORK SUPPLEMENTAL AGREEMENT NO. 2 City of Tigard Sidewalk Infill—North Dakota Street and 95th Avenue February 2016 WE 41388A GENERAL SCOPE OF PROJECT This project consists of providing design phase services for the sidewalk infill along North Dakota Street and SW 95th Avenue, which has received funding through the Washington County Community Development Block Grant (CDBG)program. The project will construct approximately 420 feet of sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th Avenue, and include new pervious sidewalk and ADA compliant curb ramps with tactile panels to enhance pedestrian accessibility and safety. Consultant services will include topographic surveying,permitting,preparation of contract plans, technical specifications, estimates, and assistance with bidding. This supplemental agreement includes additional work by Wallis Engineering for project management, utility coordination, and design revisions, and additional right of way acquisition services by Right of Way Associates (ROWA). SPECIFIC SCOPE OF WORK Task 1 Project Management and Administration (Task Supplemented) Task 3 Design Engineering (Task Supplemented) Task 6 Right-of-Way Acquisition (Task Supplemented) Task 1 Project Management(Task Supplemented) 1.1 Project Coordination. The original scope of services assumed a design phase to be completed in May 2015. Supplement No.1 extended design phase services from May 2015 to November 2015. Due to additional effort required to obtain right of way, the project development phase continued through January 2016. Additional services were required to provide coordination through the design development phase. Task 3 Design Engineering (Task Supplemented) 3.4 Utility Coordination. The original contract assumed an allotment of 12 hours for utility coordination with private utilities. The effort required exceeded this allotment due to the extended length of the design contract due to right of way acquisition. An onsite coordination meeting was attended by Wallis Engineering at the request of the City which was not included in the original scope. 3.5 Construction Design Revisions(New Sub-Task). Following contract bidding, the City requested that Wallis Engineering complete a plan revision to include design of the following two items: City of Tigard—Sidewalk Infill North Dakota Street and 95'x'Avenue February 2016 Exhibit A2—Scope of Work for Supplemental Agreement No.2 Page I of 2 • Design of two driveways along SW 95th Avenue to be reconstructed to be ADA compliant. An additional plan sheet will be included showing driveway details. • Design of connection from proposed catch basin to existing private drain line at 11485 SW 95th Ave. This drain line was buried during field topographic surveying and design engineering, and was only recently unburied by the property owner and discovered as needing to be addressed with this project. Wallis Engineering will also complete coordination with the property owner as necessary. Task 6 Right-of-Way Acquisition (Task Supplemented) 6.1 Right-of-way Acquisition. The original contract assumed that right of acquisition would be limited to a single property owner along SW North Dakota Street and that this acquisition would be made via donation. During the course of design development, it was determined that two additional right of way acquisitions and one additional temporary construction easement were required for the 95th Street sidewalk improvement. Supplement#1 added the following additional services to the contract,with an assumption on the level of effort that it would take for ROWA to negotiate these acquisitions: j • Preparation of three Preliminary Title Reports and coordination by ROWA with title company • One appraisal and one appraisal review of a partial taking • Two negotiations for strip takings of right of way The fee for the effort included with Supplement#1 assumed that property owners would be generally agreeable with the project, and that there would be a minimal amount of negotiations with them. This did not prove to be the case for two parcels, and negotiation efforts by ROWA were required above the level of effort assumed. This supplemental agreement covers that additional level of effort by ROWA as well as additional efforts by Wallis Engineering to support negotiation efforts, including: • Updated legal description exhibits • Two project site visits by Wallis Engineering to mark right of way lines. • Coordination of hedge replacement on Plavak property. • Coordination with ROWA for ROW certification by Washington County CDBG office. City of Tigard—Sidewalk Infill North Dakota Street and 951x'Avenue February 2016 Exhibit A2—Scope of Workfor Supplemental Agreement No.2 Page 2 of 2 (. tD r N Cl) Izi- Ch Cl) M LO N O O N to N M M Cl) O co r Ln O O O M 0 O M M (D _M N N O p M co M O m O N N to N qCO LO CO th N N N L O EA 61) (A'(tl t!T Uf,EH T (f}Ef)(f3 yg 60 U EA 6f} (fl.69 (a ul3 69 O O O N N N N Q cu U U) O IqCO O — (D O M CO C (n cc r O CO LL o Q EA Efl 69(fT(t3 U) O m k (D CD r N Cl) (O co lf) N f� 'IT (D 'j- N W N (D co r LO to D) O N r N h Q O M Cl) O 6) O O) O M 3 + r r NM r i. p = `1 (fT 69 EFT(f}69 CGI 6R 6F? = w eM- �° V N 7 r M N N O O N Q v Q =U a r N � � aF- (n 'D Q r M t= U LV a t (1) o o �t CD, -,t co r O C p Ut ro N L) m 0'> L) 4-vy ;e .� Q v; O m E ~ c c c c M y O y Q) N .L a� N (n m U- CO z Z 1 0 W O M O O O O M O) 0 N Li O Q Lt -� N +' �t M W W w U U W a N N � W w -0 .2 k- F o E +L+ (D U) LL. (n W W ui — 2 In 0 I22 WaCli c0 a0 V N N V f0 00 N M r- r N N M M r N Q U- 0 O cw +, p W c 4 fB m N WN N M M � E O W e» o X Z Q U N N 3 t_ C) (� F7 E s m E a m CL °- z Y U 3 CL w (n 7 Y U) Y ' HT C a) O C tU r- .0 J C J � _O J Q Eoa . . mQcy :3 o m OD ~ UQFFa- o oQ O _ � >, m D 00 c -o o f � ? 0 U N c U M o � E o to Z m o w N Y r r cn a o 0 'p O 2 N as F-, � l- jw02 CO r M V tf) O Y Nr y co co N (p O (n m td Q F F H Q N � N cn M ., M � City of Tigard CONTRACT CHANGE ORDER / 13125 SW Hall Blvd. Tigard, Oregon 97223 AMENDMENT #2 SUMMARY FORM phone- (503) 639-4171 Fax- (503) 684-7297 ;n www. and-or. o r Project Title: Engineering for 95th and North Dakota Project Manager: Mike McCarthy Sidewalks Contractor: Wallis Engineering Ori ' al Contract #: C150047 Effective Dates: 1/20/15 1 Chane Order/Amendment Amount: $ Accounting Strin :200-8000-56005-95045-130 Amendment Percentage Running Total: % AMENDMENT DETAILS Additional right of way acquisition and lengthy federalprocess) is necessary; Wallis Engineering needs to be under contract through construction CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract 64,340 Amendment 1 13,130 Amendment 2—change in date only TOTAL 77,470 REASONING FOR CHANGE ORDER/AMENDMENT During right-of-way acquisition,it was determined that two additional right-of-way acquisitions and one additional temporary construction easement were required; construction has now been pushed to spring of 2016. REQUESTING PROJECT MANAGER APPROVP4G CITY STAFF Signature Signature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for 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 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT SIDEWALK INFILL—NORTH DAKOTA STREET&95TH AVENUE CONTRACT#C150047 AMENDMENT#2 The Agreement, made and entered into this 8" day of January, 2015, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose authorized representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the "Engineer,"is hereby amended as follows: 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 Deee e_ 29�15 Tune 30, 2016, whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. CITY OF TIGARD WAL/LIIss ENGINEERING Signature Signature #161,4� G Wendy Schmidt Printed Name Printed Name L 12/15/2015 Date Date City of Tigard CONTRACT CHANGE ORDER f 13125 SW Hall Blvd. ■ AMENDMENT ##1 SUMMARY FORM Tigard,Oregon 97223 Phone- (503) 639-4171 Fax- (503) 681-7297 www. gard- r. v Project Title: Engineering for 95`'' and North Dakota Project Manager: Mike McCarthy Sidewalks Contractor: Wallis Engineering Original Contract#: C150047 Effective Dates: 1/20/15 1 Chane Order/Amendment Amount: $13,130 Accountin Strin :200-8000-56005-95045-130 Amendment Percentage Running Total: 20% AMENDMENT DETAILS This supplemental agreement includes additional work by Wallis Engineering to add a Rectangular Rapid Flash Beacon B and the addition of required right-of-way acquisition services by Right of Way Associates CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract 645340 Amendment 1 13,130 TOTAL 77,470 REASONING FOR CHANGE ORDER/AMENDMENT During design of the project, the City directed that a solar powered Rectangular Rapid Flash Beacon and crosswalk striping be added to the original scope of the project. During right-of-way acquisition,it was determined that two additional right-of-way acquisitions and one additional temporary construction easement were required in addition to the original scope of the project. REQu5STING PROJECT MANAGER APPROYf9p CITY STAFF Signature— S'gnature Z i . ,271-- 2-6(S 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 V — i CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT ENGINEERING SERVICES AGREEMENT SIDEWALK INFILL—NORTH DAKOTA STREET&95TH AVENUE CONTRACT#C150047 AMENDMENT #1 The Agreement, made and entered into this 8`" day of January, 2015, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Wallis Engineering, whose authorized representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon, hereinafter referred to as the"Engineer,"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 in the fulfillment of Paragraph 1,the Engineer shall be paid on an hourly rate based on 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 Sixty Four Thousand Three Hundred Forty and No/100 Dollars .), Seventy Seven Thousand Four Hundred Seventy and No/100 Dollars ($77,470.00)without prior written authorization. EXHIBIT A SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Project Coordination. Provide coordination and communication with City's project manager, design team, and affected agencies and stakeholders. This task assumes three one-hour meetings and includes monthly preparation of status reports and invoices. The original scope of services assumed a design phase to be completed in May 2015. Due to additional effort in right-of-way acquisition, the project development phase is assumed to continue through November 2015. Additional services are required to provide coordination through the design development phase. TASK 3 DESIGN ENGINEERING 3.3 Final Plans, Specifications and Opinion of Cost. Final plans, specifications and opinion of cost will be prepared for the City. Comments from the 90% design review meeting will be incorporated into the final design package. One electronic copy of the construction drawings and contract bid package will be provided to the City. Engineer shall coordinate with CDBG for submittal of draft plans. The City has directed that a solar powered Rectangular Rapid Flash Beacon (RRFB) and crosswalk striping be added to the project. The Final Plan, Specification, and Opinion of Cost submittal will be revised to include these additions. It is assumed that no additional survey, public involvement or right of way will be required for this task. TASK 6 RIGHT-OF-WAY ACQUISITION 6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be_adjacent to SW North Dakota Street and be limited to a single property owner. Right-of-Way Associates (ROWA) will assist with right-of-way requirements for the project. The original scope of services required one acquisition of right-of-way and one temporary construction easement; it was also assumed that this acquisition would be made via donation and no title report would be necessary. During design development it was determined that two additional right-of-way acquisitions and one additional temporary construction easement were required for the 95`h Avenue sidewalk improvements. There is a 5-foot stretch along the west side of 95`h Ave. included in the project footprint that was assumed to be City right of way that was determined through title search is actually private property. This supplemental contract adds the following additional services for Right of Way_ Associates and coordination by Wallis Engineering_ • Three Preliminary Title Reports and Title Coordination • One appraisal and appraisal review of a partial taking • Two Negotiations for strip taking of right of way and a Temporary Construction Easement 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 WALLIs ENGINEERING Signature Signature At of Wendy Schmidt Printed Name Printed Name 09/17/2015 Date Date WALLIS ENGINEERING EXHIBIT Al —SCOPE OF WORK SUPPLEMENTAL AGREEMENT NO. 1 CITY OF TIGARD SIDEWALK INFILL—NORTH DAKOTA STREET AND 95TH AVENUE AUGUST 2015 WE #1378A GENERAL SCOPE OF PROJECT This project consists of providing design phase services for the sidewalk infill along North Dakota Street and 95th Avenue, which has received funding through the Washington County Community Development Block Grant(CDBG)program. The project will construct approximately 420 feet.of sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th Avenue, and include new pervious sidewalk and ADA compliant curb ramps with tactile panels to enhance pedestrian accessibility and safety. Consultant services will include topographic surveying, permitting, preparation of contract plans, technical specifications, estimates, and assistance with bidding. This supplemental agreement includes additional work by Wallis Engineering for additional design service to add a Rectangular Rapid Flash Beacons (RRFB)to the project and additional right of way acquisition services by Right of Way Associates. SPECIFIC SCOPE OF WORK Task 1 Project Management and Administration (task supplemented) Task 3 Design Engineering (task supplemented) Task 6 Right-of-Way Acquisition (task supplemented) Task 1 Project Management (Task Supplemented) 1.1 Project Coordination. The original scope of services assumed a design phase to be completed in May 2015. Due to additional effort in right-of-way acquisition,the project development phase is assumed to continue through November 2015. Additional services are required to provide coordination through the design development phase. Task 3 Design Engineering (Task Supplemented) 3.3 Final Plans, Specifications, and Opinion of Cost The City has directed that a solar powered Rectangular Rapid Flash Beacon (RRFB) and crosswalk striping be added to the project. The Final Plan, Specification, and Opinion of Cost submittal will be revised to include these additions. It is assumed that no additional survey,public involvement or right of way will be required for this task. City of Tigard—Sidewalk Infill North Dakota Street and 95"'Avenue May 2015 Exhibit AI—Scope of Work for Supplemental Agreement No.I Page 1 of 2 Task 6 Right-of-Way Acquisition (Task Supplemented) 6.1 Right-of-way Acquisition. The original scope of services required one acquisition of right-of-way and one temporary construction easement; it was also assumed that this acquisition would be made via donation and no title report would be necessary. During design development it was determined that two additional right-of-way acquisitions and one additional temporary construction easement were required for the 95th Avenue sidewalk improvements. There is a 5-foot stretch along the west side of 95th Ave included in the project footprint that was assumed to be City right of way that was determined through title search is actually private property. This supplemental contract adds the following additional services for Right of Way Associates and coordination by Wallis Engineering: • Three Preliminary Title Reports and Title Coordination • One appraisal and appraisal review of a partial taking • Two Negotiations for strip taking of right of way and a Temporary Construction Easement City of Tigard—Sidewalk Infill North Dakota Street and 95`h Avenue May 2015 Exhibit AI—Scope of Work for Supplemental Agreement No.I Page 2 of 2 O CD ';t 'IT O O O 0 O V' V' O N p 0 O p O (O CD O O CO CD M N C() N m O M0) a) V !� Cl) M Cl) O) 0) m C O r a) CY r CO O) c- O1 (V - � r (0 U) r r (3) Q) M LL _ N(A 6') 63 LL 06 06 M O O EA 60 63 to EA(a rfiT 64 64 fA E{} t kR I- U O O O O O N CR to C m 00 00 b .0 Ef-}6R H} 7 O CD LO CC) CO O CO N (6 O) O) (O O Q U > o n COO CD O O N N 0 0'1 L O m O N 4 O r r st C y U 6q 40 64 to 69(fT 6F3 = v cuW U) C \ ti co C>N C', O O O N Ur1 Q0 U 06� to cn a W Q M c + a��i E v W Q a C) O "T qT �ICD o O O (D CC) T- rcz r N N O 'U U M Z +-' 06 � CD CD v � Ooh � o) (� U E: O = O O # +' w+ Wq. M ,� W W W F� U � v � iElw- Q a� _ E d t::: W O W v- N (n lL (AW W W � UIC- fnfl� FC- Z � 4 N W (A q< L2 o) m co O o 0 00 d o0 0 co d w+ M N O M C Q LL o r (IDW C{} p U) W 0) 0) m Q N V' N N m CO O O Cl LOO E p Z Q W m C- Q)Q) O N U Od LZ O c aa) E E U m .Q U) a O Y a� U) aE C: caa Y m Iv a H i rz ca c O_ Q �+ F O .' O O C v � .N � 0 J C Q :3 'N Q Q R 0 CT c 0 a, Q O a Q O F-' 'O F .- U) m >' T m (C 00 CO c O n M O �S U (n w cco M 0 a a O 0 Z i�o if Q '10 LO co CD M Ch CO O Y N T 0 co to O (n N N N ~ M � r � CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM THIS FORMMUST ACCOMPANY EVERY CONTRACT Contract Title: Engineering for 95`'and North Dakota Sidewalks_ Number: C150047 Contractor: Wallis Engineering Contract Total: 564,340 Contract Overview: Design and inspection for construction of new sidewalks along 95`s Ave north of Greenburg Rd and North Dakota St east of Greenburg Rd Initial Risk Level: ❑ Extreme ❑ High X Moderate ❑Low Risk Reduction Steps: Contract has insurance requirements matching matrix Risk Comments: Risk Signature: Contract Manager: Mike McCarthy Ext: 2462 Department: PW/Engineering Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ® Other: Engineering Sys Agr Start Date: 1/20/15 End Date: 12/31/15 Quotes/Bids/Proposal: FIRM AMouNT/ScoRE Wallis Engineering $64.340 Account String: Fund-Division-Account Work Order—Activity Type Amount Year 1 q to(D _ 5000-56005 95045-130 S40,000 Year �C-� -8000-56005 Year 3 95045-140 S24,340 Year 4 Year 5 Approvals - LCRB Date: Department Comments: Engineer on the Qualified Roster. Direct appoint up to 5100,000 Department Signature: Purchasing Comments: C- Purchasing Signature: City Manager Comments: City Manager Signature�-�� After securing all required approvals,forward original copy to the Cozztractizzg and Purchasing Office along with a completed Contract Checklist. o.Contract Numbe CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT SIDEWALK INFILL—NORTH DAKOTA STREET&95THAVENUE THIS AGREEMENT, made and entered into this 8d' day of January, 2015, by and between the City of Tigard,a municipal corporation,hereinafter referred to as the "City," and Wallis Engineering, whose authorized representative is Wendy Schmidt, and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2014-2015 fiscal year budget provides for engineering services for the North Dakota Street and 95`h Avenue sidewalk infill 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;and I WHEREAS, this Agreement for,services and the work it will carry out is being funded in whole or in part with funding from the U.S'. Department of Housing and Urban Development through the Washington County Office of,Community Development CDBG program; 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 December 31, 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 Sixty Four Thousand Three Hundred Forty and No/100 Dollars ($64,340.00) 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 statemeht 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 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. 21 Pagc 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 subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Emerging Small (ESB), Minority-owned (MBE) and Women-owned (MBE) Business Enterprises In the event the Engineer engages the use of a subcontractor with a value of more than $25,000,the Engineer must ensure steps are taken to assure that small, minority and women- owned businesses and firms located in labor surplus areas are used when possible as sources I 3Pa c of supplies, equipment, construction and services. Affirmative steps shall include the following: A. Include any such qualified firms on solicitation lists. B. Assure that such firms are solicited whenever they are potential sources. C. When economically feasible, divide total requirements into smaller tasks or quantities so as to permit such firms maximum opportunities for participation through subcontracting. D. Where possible, establish delivery schedules which will encourage such participation. E. Use the services and assistance of the Small Business Administration, the Office of Minority, Women and Emerging Small Business (State of Oregon) and other sources when appropriate. 7. 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. 4I 11a 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. G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 8. 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. 51P -1g 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. 9. 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 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. i 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 any actual or alleged negligent act, error or omission in the rendering of or failure to render Professional Services. Combined single limit per claim shall not be less than $2,000,000, of 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. 61P:igr i I 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 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 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 71Page 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. 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. 10. Termination Without Cause At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph,it shall pay Engineer for services rendered to the date of termination. 8 I P ,i c 11. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer, or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Engineer fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten days or such other period as City may authorize. 3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract)by Engineer shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Engineer shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the 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. III i 9 P I 12. 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. 13. Method and Place of Giving Notice, Submitting Bills and Malting 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: I CITY OF TIGARD WALLIs ENGINEERING Atm: Mike McCarthy, Sr.Proj Engineer Attn: Wendy Schmidt Address: 13125 SW Hall Blvd. Address: 215 W 4th Street, Suite200 Tigard, Oregon 97223 Vancouver,Washington 98660 Phone: (503) 718-2462 Phone: (360) 695-7041 Fax: (503) 624-0752 Fax: ( ) Email: mikemntipard-or.gov Email: wendy.schmidtna,walliseng.net and when so addressed, shall be deemed given upon deposit in the United States mail,postage j prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, j 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. I 14. 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. 15. 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. i 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. 10IPace 16. Force Majeure Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay,notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall,however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 17. 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. 18. 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. 19. 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. 20. 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. 21. Section 3 of the Housing and Community Development Act In hiring or soliciting businesses for goods, services or other types of work, consideration must first be given to local residents and firms. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 170(1)(u). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to lower income persons residing in the project's City and County,and contracts for work in connection with the project be awarded to eligible business concerns which are located, or owned in substantial part by persons residing,in the project City and County. ll � Pa ,L: 22. Prohibition on the Use of Federal Funds for Lobbying The Engineer hereby certifies that: A. No federal funds have been paid or will be paid, by or on behalf of Washington County Office of Community Development, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant,loan,or cooperative agreement. B. If any funds other than federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant,loan, or cooperative agreement, the local government shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 23. 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. 24. 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. 25. Access to Records and Retention of 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. The CDBG recipient (City), Washington County Office of Community Development, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts, and transcriptions. All required records must be maintained by the Engineer for three years after the recipient makes final payments and all other pending matters are closed. 26. 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 121Page i I duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 27. 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. 28. 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. CITY OF TIGARD WALLIs ENG NEERING d�� By: Marty Wine,City Manager By:Authorized Con actor Representative Date Date I i I I I I I 13Pagc EXHIBIT A SCOPE OF SERVICES GENERAL SCOPE OF PROJECT This project consists of providing design phase services for the sidewalk infill along North Dakota Street and 95th Avenue, which has received funding through the Washington County Community Development Block Grant (CDBG) program. The project will construct approximately 420 feet of sidewalk on North Dakota Street; and 350 feet of sidewalk on 95th Avenue, and include new pervious sidewalk and ADA compliant curb ramps with tactile panels to enhance pedestrian accessibility and safety. Engineer services will include topographic surveying, permitting, preparation of contract plans, technical specifications,estimates,and assistance with bidding. TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION Provide project management, coordination, and direction of the design team to complete the project. Establish quality control management and designate responsibility of technical work deliverables and products. 1.1 Project Coordination. Provide coordination and communication with City's project manager, design team,and affected agencies and stakeholders. This task assumes three one-hour meetings and includes monthly preparation of status reports and invoices. 1.2 CDBG Coordination. Engineer shall coordinate with Washington County CDBG to ensure requirements of the federal CDBG funding are met. 1.3 Scope and Schedule. The Engineer shall prepare a Gantt chart for delivery to the City defining the anticipated process for project delivery with the design phase assumed to be January - May 2015 with bidding to occur May June 2015. Task 1 Assumptions: • Design phase of the project is assumed to be January—May 2015. • City project manager will complete all stakeholder coordination and public involvement. Task 1 Deliverables: • Final Scope and Schedule. • Meeting agendas and minutes. • Monthly Status and Pay Requests. TASK 2 SITE EVALUATION AND DATA COLLECTION 2.1 Topographic Survey. Compass will complete a topographic survey of the project area. They will request locates through the one call center and collect all marked utility locates,manhole and catch basin inverts, pipe diameters if possible, commercial signs, and trees. The City will be notified prior to calling in locates. Compass will also determine right-of-way and approximate 141Page property lines based on assessor maps within the survey limits. Traffic control will be provided for limited lane closures. See Exhibit Al for Compass Scope of Work. 2.2 Prepare Base Map. Wallis Engineering will verify the survey with a field visit and prepare a base map from the aerial photograph and topographic survey. This map will be prepared in 2013 AutoCAD Civil 3D format and will include linetypes for existing utilities, curb lines, commercial signs, and trees. Task 2 Assumptions: • No temporary or permanent easements will be prepared. • No utility potholing will be required. • Setting monuments is not included. • No record of survey will be filed with the Washington County Surveyor. Task 2 Deliverables: • Topographic survey in hardcopy and AutoCAD format. TASK DESIGN ENGINEERING 3.1 Preliminary Alignment. Preliminary improvement plans (50%) will be prepared for City review and comment. Engineer will meet with the City following review to discuss comments. 3.2 90% Plans, Specifications and Opinion of Cost. A 90% review submittal will be based on the preliminary alignment and include plans, specifications, and an opinion of cost. It is assumed that the City will provide their standard specifications for Engineer to amend with special provisions as required. Engineer shall meet with the City following submittal to discuss comments /revisions. City comments will be incorporated into the final submittal. Plan and profile drawings will be prepared on 11" x 17" sheets, with 1"=20' horizontal and 1"=5'vertical scale. Plan sheets expected in the drawing set include the following: • Cover Sheet with Vicinity Map and Sheet Index • General Notes,Abbreviations, and Legend Sheet • Erosion Control Plan and Details Sheet • Improvement Plan and Profile Sheets • City Standard Detail and Project Specific Detail Sheets • ODOT Standard Traffic Control Plans 3.3 Final Plans, Specifications and Opinion of Cost. Final plans, specifications and opinion of cost will be prepared for the City. Comments from the 90% design review meeting will be incorporated into the final design package. One electronic copy of the construction drawings and contract bid package will be provided to the City. Engineer shall coordinate with CDBG for submittal of draft plans. 3.4 Utility Coordination. Coordinate with private utilities, including power, phone, cable and gas companies.An allotment of 12 hours is assumed for coordination efforts with private utilities. 15 � Pagc Task 3 Assumptions: • Contract documents will be based on ODOT/APWA standard specifications and bid items. • City and CDBG will provide front end specifications to be incorporated. • Allotment of 12 hours for coordination efforts with private utilities. • Site Specific Traffic Control Plans not required. • Landscape/irrigation plans not required. • Lighting not required. Task 3 Deliverables: • 50%Plans,in electronic format. • 90%Plans,Specifications,and Opinion of Cost,in electronic format. • Final Plans,Specifications,and Opinion of Cost,in electronic format. • Final Plans submitted to CDBG. TASK 4 HYDROLOGIC AND STORMWATER ANALYSIS Complete hydrologic and hydraulic analysis for the stormwater sand filter, and utilize that analysis to design effective stormwater management facilities, addressing Clean Water Services requirements for Low Impact Development (LIDA). 4.1 Site Evaluation. Site groundwater and soil conditions will be evaluated based on NRCS Custom Soils Report data only. No geotechnical investigations are anticipated. 4.2 Hydrologic Modeling. A hydrologic analysis of the existing site conditions will be completed using the rational method. 4.3 Stormwater Facility Design. Stormwater facilities will be designed in conjunction with hydraulic and hydrologic analysis in order to determine the most effective design. Low Impact Development techniques will be utilized to the maximum extent feasible. 4.4 Drainage Report. A Drainage Report will be prepared in accordance with the City's Public Works and Clean Water Services Standards, summarizing the efforts listed above. Task 4 Assumptions: • Three coordination meetings with Clean Water Services will be held. • No testing,monitoring, or sampling will be completed by Wallis Engineering. • No geotechnical investigation will be completed. Task 4 Deliverables: • Hydrologic analysis results submitted to City. • Drainage Report submitted to City. i • 50% and 90% plan submittal to Clean Water Services. I TASK 5 PERMITTING AND APPROVALS 5.1 Clean Water Services Provider Letter. Engineer shall submit plans to Clean Water Services and coordinate with CWS for issuance of a server provider letter. 161Pagu I 5.2 CDBG Approval. Final plans will be submitted to CDBG for approval prior to bidding. Task 5 Assumptions: • No environmental delineation or permitting will be required. • No tree removal or City grading permit required. • All permit applications and fees will be paid by City. • Project Coordination with CDBG is covered in Task 1. • A 1200-CN Permit will not be required. Task 5 Deliverables: • Service Provider Letter issued by Clean Water Services. • CDBG Approval prior to bidding. TASK RIGHT-OF-WAY ACQUISITION 6.1 Right-of-way Acquisition. It is anticipated that the right-of-way acquisition required will be adjacent to SW North Dakota Street and be limited to a single property owner. Right-of-Way Associates (ROWA) will assist with right-of-way requirements for the project. ROWA scope of services is attached as Exhibit A2 and includes the following: • One appraisal of a partial taking of land • One negotiation for a partial taking of land • One Preliminary Title Report • Document preparation • Project coordination • Mileage and expenses Legal descriptions for the right-of-way acquisition will be prepared by Compass. Engineer shall handle coordination with property owners for all right of entry requirements. Task 6 Assumptions: • No right-of-way will be required for the 95th Street project. Task 6 Deliverables: • Legal Description. • All documents for Partial Taking of Land. • All documents for one temporary construction easement. TASK 7 BIDDING 7.1 Bidding. City of Tigard will prepare the bid package and bid the project. Engineer shall coordinate with the City to prepare an electronic invitation to bid, attend the pre-bid conference, provide assistance to bidder inquiries and prepare addenda as required. Engineer shall review the bids;prepare bid tabulation and a Recommendation of Award. Task 7 Assumptions: • City of Tigard will prepare the bid package and bid the project. 17 1 P .ig,c • No Construction Phase services included. Task 7 Deliverables: • Electronic invitation to bid. • Bid Tabulations and Recommendation of Award. TASK 8 CONSTRUCTION PHASE SERVICES 8.1 Submittal Review. Contractor submittals will be submitted to Engineer to review their conformity to the Contract Documents. Engineer shall copy the City of Tigard on all submittal review comments routed to the Contractor. 8.2 Construction Engineering Services. Construction engineering services support will include conducting a pre-construction meeting, providing clarification of plans and specifications as requested, attending on-site construction meetings and drafting change orders as required. A recommendation of final acceptance will be provided. This task also includes completion of necessary construction phase documentation required by CDBG. 8.3 Construction Inspection. The project inspector will ensure conformity to the plans and specifications and quality control documents. Daily inspection reports will be completed. For the purposes of this fee estimate, 160 hours of inspection time is assumed. In the event that additional inspection time is required, the City will be notified. 8.4 As-Built Drawings. Record drawings will be prepared in accordance with City standards and submitted in AutoCAD and PDF format. Task 8 Assumptions: • 40 hours of construction inspection to be provided. Task 8 Deliverables: • Submittal review comments • Construction meeting notes • Final Punch List • Daily Inspection Reports • Recommendation of Final Acceptance • Record Drawings in PDF and AutoCAD format 1811'agL. EXHIBIT B ENGINEER'S PROPOSAL 19111agC, Exhibit B-Fee Estimate Sidewalk Infill-North Dakota Street&95th Avenue WE p1388A December 2014 Subconsultants Total BASE CONTRACT I E2 I E3 I E4 I T1 I Ct Staff Cost Expenses I Compass I ROWA Cost $130 $110 $90 $85 $66 Task 1 General Project Management 1.1 Project Coordination 8 $1,040 $100M $1,140 1.2 CDBG Coordination 8 $880 $880 1.3 Scope and Schedule 6 2 $1,000 $1,000 TASK SUBTOTAL 14 10 0 0 0 $2,920 $100 $0 $0 $3,020 Task 2 Site Evaluation and Data Collection 2.1 Topographic Sum2 2 $440 $7,216 $7,656 2.2 Prepare Base Map 4 1 6 4 $1,400 $2001(m) $1,600 TASK2SUBTOTAL 61 8 41 0 $1,840 $200 $7,216 $0 $9,256 Task 3 Design Engineering 3.1 Preliminary Alignment 2 4 12 6 2 $2,422 $100 P $2,522 3.2 90%Plans,Specifications and Opinion of Cost 2 8 14 20 2 $4,232 $100 P $4,332 3.3 Final Plans,Specifications and Opinion of Cost 2 2 4 6 10 $2,010 $100 P $2,110 3.4 Utility Coordination 12 $1,080 $1,080 TASK 3 SUBTOTAL 6 14 42 32 14 $9,744 $300 $0 $0 $10,044 Task 4 Hydrologic Engineering and Starmwater Analysis 4.1 Site Evaluation 4 8 $1,240 $1,240 4.2 Hydrologic Modelin 81 24 $3,200 $3,200 4.3Stomlwaler Facility,Design 4 16 $1,960 1 $1,960 4.4 Drainage Report 8 16 1 $2,480 $2,480 TASK 4SUBTOTAL 24 0 64 0 0 $8,880 $0 $0 $0 $8,880 Task 5 Permitting and Approvals 5.1 Clean Water Services Provider Letter 4 4 $800 $800 5.2 CDBG Approval 4 $440 $440 TASK S SUBTOTAL 0 8 4 0 0 $1,240 $0 $0 $0 $1,240 Task 6 Right of Way Acquisition 6*1 Right of Way Aoquisition 4 1 $440 $2,640 $9,900 $12,980 TASK SUBTOTAL 01 4 0 0 0 $440 $0 $2,640 $9,900 $12,980 Task 7 Bidding 7.1 Bidding 4 1 $440 $440 TASK 7 SUBTOTAL 0 4 0 0 0 $440 $0 $0 $0 $440 Task 8 Construction Phase Services 8.1 Submittal Review 8 $720 $720 8.2 Construction Engineering Services 4 20 $2,320 $2,320 8.3 Construction Inspection 160 $14,400 $14,400 8.4 As-Built Drawings 4 8 $1,040 $1,040 TASKS SUBTOTAL 4 0 192 8 0 $18,480 $0 $0 $0 $18,480 TOTAL 64 40 910 44 14 $ 49,984 $800 *8,888 $8,900 $84,340 FEE SUMMARY Staff Hours Rate Fees E2-Engineer2(PM) 54 $130 $7,020 E3-Engineer 3 40 $110 $4,400 E4-Engineer 4 310 $90 $27,900 T1-Technician 1 44 $85 $3,740 C1-Clerical 1 14 $56 $924 Total Fees from Staff $43,984 Subconsultant Fees Compass(Surveying) $9,856 ROWA(Right of Way) $9,900 Total Fees from Subconsultants $19,756 NOTE:Fee includes 10%markup Expenses Cost Printing(P) $300 Mileage(M) $300 Total Fees from Expenses $600 TOTAL BUDGET *84340 P.113030A-Tigard Sidewalk Infi111100 Agreement(Contrect)1102 Base Contmct113811A Fee Estimate with Compass Printed.'12115x2014