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PACE Engineers Inc ~ C160041 Cit of Tigard CONTRACT' CHANGE ORDER/ ( 13125 SW Ilail Blvel. AMENDMENT SUMMARY Tigard,CrregoT? J Phonz,- 1503j 639-4171 FIELD CHANGE ORDER FORM I Fay: - "503) 684 7 97 Project Title: Canterbury Lane Storm Line Upgrade Project Manager:Andrew Newbury Contractor: PACE Engineers,Inc. Original Contract#: C160041 Effective Dates: November 28,2016 Chane Order/Amendment Amount: $0.00 Accoun ' Strin : 94033-130 Amendment Percen!!&2 Running Total: - A:MENCr", =N1'DETAiI'.S Due to additional scope added with Amendment 1 extra time was also needed. Contract extended through 6/30/2017 CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ R-ASONWi G I�OR CHANGE ORDER/kImmi w—NT BUDGET IMPACT AND REQUIRED ACTIONS REQUESTING PROJECT MANAGPIt ! APPRo-vrN,(-tiTY STAFF 5i.7nature 4 i�mature —,— _ _ Date i Date -- Contractor is hereby authorized b;the City of Tigard to perform I 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 all Siahu` 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 budgget. P' to CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT CANTERBURY LANE STORM LINE UPGRADE C160041 AMENDMENT #2 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Pace Engineers, Inc., hereinafter referred to as Contractor, enterzd into on the 7th day of March, 2016,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 '' whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. IN FITNESS 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 �}O/FJ TIGARD PACE ENGINEERS,INC., Signature J 1ature Printed Name Printed Name /2 -'I-&'-)o l 3-1�-� .o�v Date Date Cltv of'Tigatd CONTRACT CHANGE ORDER/ i 13'_25SW'."Blvd . 'rig-atci OreggUn 471223 AAiE•I° +)DENT fiumm Ry P, w ne- (503.) 631-•4l r 1 FIELD CHANGE OR3ER FOR� (503) 65 7297 C'tL'S�'.T1 C)-f3r se 11 Project Title: Canterbury Lane Storm Line Upgrade Project Manager:Andrew Newbury Contractor: PACE Engineers, Inc. Original Contract#: C160041 Effective Dates: November 28, 2016 Chane Order/Amendment Amount: $4,250.00 Accounting Strip : 94033-130 Amendment Percentage R Total: 5.6% Am)MEP.T D1 l ..f i fir, Additional Scope Items for Construction Staking: 1. Provide two stakes at each manhole with a 10'and 15' offset. 2. Provide two stakes at each catch basin with a 10' and 15'offset. 3. Indicate cut to new pipe invert elevation at all existing utility crossings. 4. Stake pipe run at 10'and 25'on each side of the manhole and at the midpoint of the run with a 10'and 25' offset. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $76,000.00 Amendment#1 $4,250.00 TOTAL $80,250.00 RLA'so KING Fn1t CHANGE 0RD R/A-AW—.N- D hN7 Additional scope added. B UL's Gy T INTACT AND Kr QUIRED ACTIONS Design and Engineering external expenses in CIP were budgeted at$100,000. Original contract amount including amendment is within this budget. REQUES.1 TNG PuojL:r--Y MANAGHR APPR G CITY STAFF 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 all S1g tare 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 iprojeces FY budget. T.,:,tu- a/ �f. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT CANTERBURY LANE STORM LINE UPGRADE C160041 AMENDMENT #1 The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called City, and Pace Engineers, Inc., hereinafter referred to as Contractor, entered into on the 7th day of March, 2016,is hereby amended as follows: 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 without prior written authorization. EXHIBIT 1 SCOPE OF SERVICES Additional Scope Items 1. Provide two stakes at each manhole with a 10'and 15'offset. 2. Provide two stakes at each catch basin with a 10' and 15' offset. 3. Indicate cut to new pipe invert elevation at all existing utility crossings. 4. Stake pipe run at 10' and 25' on each side of the manhole and at the midpoint of the run with a 10' and 25' offset. 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 PACE ENGINEERS,ITC. Signature Si1nature (AJ,,11 Printed Name Printed Name 1Z- (9-2V Date Date _,�— Engineers Planners N Surveyors J=__�PE.. An Eng waft Seftu CwW" September 13, 2016 Andy Newbury, P.E. City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 Subject: Scope and Fee Estimate for Professional Surveying Services Construction Staking for Canterbury Lane Storm Sewer Project Dear Andy: PACE Engineers, Inc. (PACE) has prepared the following scope of services and fee estimate to provide professional surveying services to perform construction staking for the Canterbury Lane Storm Sewer project. We offer the following scope and Fixed Fee budget for this project. Scope of Services PACE understands that the survey will consist of: 1. Preparing calculations for staking of the design alignment, catch basins and manholes. 2. Provide field work consisting of setting stakes and marking the alignment. Deliverables for this project will include field staking of the design alignment. Assumptions/ Exclusions: 1. We will provide two stakes at each manhole with a 10' and 15' offset. 2. We will stake the pipe run at 10' and 25' on each side of the manhole and, at the midpoint of the run with a 10' and 15' offset. 3. We will provide 2-stakes at each catch basin. Contractor to provide offset distances. 4. We will stake the project once. Call backs to reinstall stakes already set will be billed at our standard hourly rates. Schedule PACE is available to start the survey immediately after notice to proceed. We anticipate one day to pre-calculate all stakes and coordinates. We will provide the staking, dependent on the Contractor's schedule, in 4 separate sessions. PACE Engineers,Inc. 5000 Meadows Road I Suite 345 Lake Oswego,Oregon 97035-2232 p 503.597.3222 1 f 503.597.7655 www.paceengrs.com September 13, 2016 Engineers I Planners I Surveyors Newbury City of Tigard Page 2 of 2 www.paceengrs.com Fee We propose to provide the services for a Lump Sum (Fixed Fee) of$4,250. This fee includes all expenses. We will provide the above survey services in accordance with the terms of the attached Standard Agreement. If this letter sufficiently sets forth our understanding for survey services, please accept this agreement by signing in the space provided below. Upon signing, please return one copy to us for our files. This letter will constitute our Service Agreement and Notice to Proceed. We look forward to working with you on a successful project. If you have any questions regarding the above scope and fee, please feel free to contact me at (503) 597-3222. Sincerely, PACE Engineers, Inc. - r mes R. Shaver, P.E. �9 Principal Engineer Attachments: Exhibit A— Standard Rates Exhibit B—Terms & Conditions Name Title Date C D-DATASVR-ITroject_Dc-s`?1f51E319-Tigard-Canterbury Lar Ston Line Llp�rP.d•i\SLIkVEY4Tig1,rd Gonctruction S±aking Pr�pasr i;ACi) M E y.rbMnp SeMes Cary 2016 LAKE OSWEGO,OREGON HOURLY RATE SCHEDULE Engineers I Planners I Surveyors Y Effective May 1, 2016 DESCRIPTION HOURLY RATE 1. Office Tech I, Expediter 1 $ 45.00 2. Office Tech 11, Expediter 11, CAD Technician $ 58.00 3. Office Tech III, Intern, Jr. CAD Drafter, Jr. Inspector, Engineer Tech $ 72.00 4. GPS Assistant, Jr. Planner, CAD Drafter, Sr. Office Tech, Inspector, Designer, Engineer Tech I, Survey Tech 1 $ 81.00 5. Engineering Intern, Designer I, CAD Drafter I, Inspector I, Survey Tech 11, GIS Tech, Project Administrator, Planner $ 92.00 6. Engineering Intern I, Planner I, GIS Analyst I, Designer 11, CAD Drafter 11, Inspector 11, Survey Tech III $ 102.00 7. Engineering Intern 11, Engineer 11, Planner II, GIS Analyst 11, Designer III, CAD Drafter III, Inspector III, Survey Tech IV $ 112.00 8. Engineer III, Project Designer, Planner III, GIS Analyst III, Sr. Survey Tech, Sr. CAD Drafter, Sr. Inspector $ 122.00 9. Sr. Engineer, Project Designer I, Sr. Planner, Project Surveyor, Project CAD Drafter, Sr. GIS Analyst, Sr. Project Inspector $ 132.00 10. Project Engineer, Project Designer 11, Project Planner, Sr. Project Surveyor, Robotic&Operator, Sr. Project GIS Analyst, GIS/CAD Manager, Structural Engineer $ 139.00 11. Sr. Project Engineer, Sr. Structural Engineer, Sr. Project Designer, Sr. Project Planner, Survey Project Manager, IT Manager $ 146.00 12. Project Manager, Principal Surveyor, Planning Project Manager, GPS &Operator $ 155.00 13. Sr. Project Manager, Sr. Principal Surveyor, 3D Scanning &Operator, Two-Person crew $ 165.00 14. Principal Engineer, Principal Planner, Sr. Two-Person Crew $ 180.00 15. Senior Principal Engineer, Senior Principal Planner $ 195.00 REIMBURSABLES A. Subconsultants, Professional and Technical Cost+ 15% B. Maps, reports, materials, permit fees, express delivery and messenger, pass-thru bills and similar items necessary for work in progress Cost+ 15% C. Technology expenses associated with computers, software, electronic distance measuring devices, telephone, cell phone, photo copies, standard survey supplies and transportation and standard postage will be invoiced as a Technology Charge 2%of labor billing D. Out-of-Town travel per diem and cost of commercial transportation Cost+ 10% E. Transportation within 30 Mile Radius* No Charge Transportation beyond 30 Mile Radius-Automobile $ .60 per mile * On job inspection mileage will be billed $ .60 per mile F. Special Equipment/Software Special Software for Modeling/Analysis $ 10/hour Large Format Blueprints and Reproduction-Bond $ .50/sq foot Large Format Blueprints and Reproduction-Mylar $ 1.50/sq foot Color Copies-In-house(8'/z x 11) $ .25/page G. Expert Witness Rate x 1.5 Note: 1 All payment is due within 30 days from date of invoice. A monthly service charge of 1% will be added on all accounts older than 30 days. 2 The foregoing schedule of charges is incorporated into the agreement for the services provided effective January 1,2016. After December 31,2016, invoices will reflect the schedule of charges in effect at that time. 3 PACE's rates include professional liability insurance coverage for claims up to $2 million. Clients can purchase additional coverage for cost and upfront payment of$5,000 per additional $1 million of insurance up to a maximum of$5 million. PACE Engineers,Inc. 5000 Meadows Road I Suite 345 Lake Oswego,Oregon 97035-2232 p 503.597.3222 1 f 503.597.7655 www.paceengrs.com WALM 1K e&c �, PACE Engineers, Inc. Terms and Conditions for Professional Services Lake Oswego, Oregon Effective May 1,2016 CLIENT: City of Tigard Contract/Proposal Date: September 13, 2016 TERMS AND CONDITIONS OF AGREEMENT CLIENT and PACE ENGINEERS,INC.,(PACE)agree that the following provisions shall be a part of their agreement. 1. STANDARD OF CARE. PACE's services performed under this agreement will be performed in a manner consistent with the care and skill ordinarily exercisedby members of the profession practicing under similar conditions at the same time and in the same or similar locality. When the findings and recommendations of PACE are based on information supplied by CLIENT and others,such findings and recommendations are correct to the best of PACE's knowledge and belief. No warranty, express or implied,is made or intended by this agreement,or by the foregoing statement of the applicable standard of care,or by providing consulting services,or by furnishing oral or written reports of findings made. No entity other than CLIENT or PACE shall be construed as a beneficiary to this Agreement 2. INSURANCE COVERAGE,' PACE is protected by Worker's Compensation insurance as required by applicable state laws and will maintain employer's liability coverage. During the performance of this Agreement PACE will maintain professional liability insurance with a limit of not less than$2 million on a claims made,annual aggregate basis,and commercial general liability and automobile liability insurance each with a limit of not less than$2 million on an occurrence basis. (See footnote.1) 3. RISK ALLOCATION. In recognition of the relative risks rewards,and benefits of the project to both the CLIENT and PACE,the risks have been allocated such that the CLIENT agrees that,to the fullest extent permitted by jaw, PACE's total liability to the CLIENT for any and all injuries,claims losses, expenses, damages, or claim expenses ansin out of this agreement from any cause or causes,shall not exceed ten times our fee or$500,000,whichever is less. Such causes include,but are not limited to,PACs negligence,errors,omissions,strict liability,breach of contract,or breach of warranty. 4. INDEMNIFICATION. The CLIENT shall indemnify and hold harmless PACE and all of its personnel from and against any and all claims, damages, losses, and expenses(including reasonable attorney's fees)arising out of or resulting from the performance of the services,provided that any such claim,damage,loss or expense is caused in whole or in part by the negligent acts,errors,omissions,an or strict liability of the CLIENT,or anyone directly or indirectly employed by the CLIENT(except PACE). 5. CLIENT shall absolve the Engineer of any liability arising from any design changes,design interpretations,or answers to Contractor questions to which PACE is not a party. 6. LIENS. PACE reserves the right to file a Notice of Intent to Lien and/or Lien throughout the life of the project. This action protects PACE's right of payment for services rendered. 7. SERVICES BY CLIENT. CLIENT will provide access to site of work,obtain all permits,and provide all legal services in connection with the project.CLIENT shall pay the costs of checking and inspection fees,zoning application fees,soils engineenng fees,testing fees,and all other fees,permits,bond premiums,and all other charges not specifically covered by the scope of work. 8. ADDITIONAL SCOPE OF WORK. From time to time the CLIENT may request PACE to perform additional services that are not included in the original Scope of Work. It is understood the CLIENT will pa for all services provided that are outside the original Scope that have been requested by the CLIENT or the CLIENT's representative. PACE will provide written notice as soon as possible on work being requested that is outside the original A reement. Upon receipt of written notification of work being performed by PACE that PACE feels is outside the original Agreement,the CLIENT shall immediate]yy notif�r ACE in writing if the CLIENT takes exception to the extra work being done or that the work is outside the original scope. Otherwise,it is understood that the CLIENT agrees to pay a reasonable cost for all extra work being performed by PACE. If PACE's professional services are suspended for longer than six months PACE is entitled to the additional costs associated with that delay. In addition, if the proJ'ect duration extends significantly longer than the project duration idenRied in the Scope of Work, PACE is entitled to additional compensation associated with the increased project duration. If the project is required to meet new code requirements after the submittal is complete,PACE is entitled to additional compensation to meet those requirements. 9. SERVICES DURING CONSTRUCTION. Any construction inspection or testing provided by PACE is for the purpose of determining compliance by contractors with the functional provisions of project documents only. CLIENT agrees that PACE will have no inspection responsibilities at the jobsite except to the extent specifically provided for in the agreed upon scope of work. PACE shall not be held in any way to guarantee any contractor's work,nor to assume responsibility for means,methods, or appliances used by any contractor, nor to assume responsibility for a contractos compliance with laws and regulations or for contractor's errors omissions, or defective work. Any Punch List created is not intended to be inclusive of all potential items and does not relieve the Contractor of their obligation. If services during construction are required,the CLIENT shall have PACE listed as an additional Insured on the Contractor's insurance policy. 10. TERMINATION OF SERVICES. This agreement may be terminated by the CLIENT or PACE with ten(10)days'notification. In the event of termination,the CLIENT shall pay PACE for all the services rendered to the date of termination,all reimbursable expenses,and reimbursable termination expenses. In the event of termination by PACE, PACE will transfer copies of all work to date to the CLIENT and provide a summary of the status of the project so the client may retain another company to continue the work. 11. OWNERSHIP OF DOCUMENTS. All documents,electronic or otherwise,produced by PACE under this agreement are protected and shall remain the property of PACE and may not be used by the CLIENT for any other endeavor without the written consent of PACE. 12. PROPOSALS,FEES,AND BUDGETS. PACE shall honor proposals and budgets for 60 days from the date the proposal was issued unless otherwise specified in the proposal. 13. TERMS OF PAYMENT. CLIENT will be invoiced each month following commencement of work. Payment in full of an invoice must be received by PACE within thirty (30)days of the date of such invoice. Any retainers shall be credited on the final invoice. 14. LATE PAYMENTS. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.0%on the then unpaid balance. In the event that collection proceedings are required, CLIENTywill also be responsible to pay the costs and attorneys'fees incurred by PACE,whether or not suit is brought,in both trial and appellate courts, and in connection with any bankruptcy or reorganization proceedings. It Is PACE's policy to utilize Professional Service Liens to help secure payment of accounts that are unpaid 60 days or more. CLIENT will be responsible to pay the fees incurred in securing and releasing Liens filed on late payments. 15. EFFECT OF INVOICE, The work performed shall be deemed approved and accepted by CLIENT as and when invoiced unless CLIENT objects within fifteen(15)days of invoice date by written notice,specifically stating the details in which CLIENT believes such work is incomplete or defective, and the invoice amount(s)in dispute. CLIENT shall pay undisputed amounts as provided for in the preceding paragraph. 16. SUSPENSION OF WORK i WITHHOLDING OF WORK PRODUCT. Failure of CLIENT to submit full payment of an invoice within thirty(30�days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at PACE's discretion, PACE,without any liability to P CE,reserves the right to withhold any services and work products herein contemplated pending payment of CLIENT's outstanding indebtedness or advance payment if required by PACE. Where work is performed on a reimbursable basis,budget may be increased by amendment to complete the scope of work. PACE is not obligated to provide services in excess of the authorized budget. 17. APPLICABLE LAWS. Unless otherwise specified,this agreement shall be governed by the laws of the.State of Washington. Any legal proceedings arising from this Agreement shall be filed in King County,Washington. 18. DISPUTE RESOLUTION. All disputes arising out of,or related to,this Agreement,except those related to nonpayment of invoices in amounts under the local Small Claims Court limits, shall be submitted first to nonbinding mediation as a conditionprecedent to litigation. If any dispute submitted to mediation is not successfully resolved,the matter may be resolved through litigation in accordance with Item 17.APPLICABLE LAWS. Signature I NOTE: PACE carries professional liability insurance for claims up to$2 million. PACE will extend coverage should the Client desire increased coverage up to$5 million for a payment of$5,000 per additional million dollars of coverage. PACE Engineers,Inc. 5000 Meadows Road I Suite 345 Lake Oswego,Oregon 97035-2232 p 503.597.3222 1 f 503.597.7655 i i CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUSTACCOMPANYEVERYCONTRACT) Contract Title: Canterbury Storm Line Number Contractor: PACE Engineers, Inc. Contract Total: $76,000 Contract Overview: j= is being hired to perform design, permitting and construction administration services for the Canterbury storm project Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low Risk Reduction Steps: Evaluated Risk Matrix and discussed insurance requirements with Jennifer Curran in the Risk Department. ESA section 8B to have annual aggregate limit reduced to $2,000 000 ESA section 8C to have combined single limit reduced to $1,000,000. PACE has $3.000,000 umbrella available r j Risk Comments: Risk Signature: e. Contract Manager: Andrew Newbury- Ext: 2472 Department: PW/Engineering Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service Public Improvement ❑ IGA 9 Other:ay,6� Sj,6 Start Date: February 29, 2016 End Date: December 31,2016 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE PACE Engineers, Inc. S76,000 Account String: Fund-Division-Account Work Order—Activity Type Amount FY 16 & 17 510-8000-56005 94033-130 $76,000 FY Approvals - LCRB Date: 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 Office along urith a completed Contract Checklist. L-1.bwg( Contract Numbe CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT SURVEYING AND CIVIL ENGINEERING SERVICES CANTERBURY LANE STORM SEWER LINE UPGRADE-CIP 94033 THIS AGREEMENT,made and entered into this 7`''day of March,2016,by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and PACE Engineers, Inc, whose authorized representative is James R Shaver, P.E., and having a principal being a registered engineer of the State of Oregon,hereinafter referred to as the "Engineer." RECITALS WHEREAS, the City's 2015-2016 fiscal year budget provides for surveying and civil engineering services for the Canterbury Lance Storm Sewer Line Upgrade 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 December 31, 2016, 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 Seventy Six Thousand and No/100 Dollars ($76,000.00) 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 I 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 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 21 Page 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. I B. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer pursuant to this Agreement, and also make available any other maps, records, or other materials available to the City from any other public agency or body. C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Engineer's.work product is satisfactory and consistent with this agreement, but Engineer is not subject to the direction and control of the City. Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee of the City for purposes of workers compensation law, 31Page f 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. 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. V 4 P f 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 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: 51Page 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, or the equivalent. Annual aggregate limit shall not be less than$2,000,000 and filed on a"claims- made" form. C. Commercial Automobile Insurance Engineer shall also obtain,at Engineer's expense,and keep in effect during the tern 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 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, i 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 61Page 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 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 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-Liabilijy 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: 7Page 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: i 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 terimination 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 8 1 P a g e i 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. 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 PACE ENGINEERS,INC. Attn: Andy Newbury,Sr.Project Engineer Attn: James Shaver,P.E. Address: 13125 SW Hall Blvd. Address: 5000 Meadows Rd Ste 345 Tigard,Oregon 97223 Lake Oswego OR 97035 Phone: (503) 718-2472 Phone: (503)597-3222 Email: andrewn@dgard-or.gov Email: jims(@paceengLs.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 flys paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 91 Page 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 fine, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation,the Engineer shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B-3) of this agreement. 15. Force Majeure Neither City nor Engineer shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine 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. 10Page 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 fiuther expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 22. Access to Records City shall have access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 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. Representations and Warranties Engineer represents and warrants to the City that: A. Engineer has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Engineer, enforceable in accordance with its terms. C. Engineer (to the best of Engineer's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 111Page 2) Any tax provisions unposed by a political subdivision of this state that applied to Engineer, to Engineer's property, operations, receipts, or income, or to Engineer's performance of or compensation for any work performed by Engineer;. 3) Any tax provisions imposed by a political subdivision of this state that applied to Engineer, or to goods, services, or property,whether tangible or intangible,provided by Engineer;and 4) Any rules, regulations, charter provisions, or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual,property rights or such delivered to the City under this Agreement, and Engineer's services rendered in the performance of Engineer's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. 26. Compliance with Tax Laws A. Engineer must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. 3 B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Engineer's warranty, in subsection 25.0 of this Agreement, that the Engineer has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Engineer,in an amount equal to State's setoff right,without penalty;and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Engineer's breach of this .Agreement, including but not limited to direct, indirect, incidental and consequential damages, costs of cure, and costs incurred in securing a replacement Engineer. These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. 27. 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 121Page 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 PACE ENGINEERS,INC. �/ Ftp 6 ( (` By:Marty Wine,City Manager JB :Authorized Contractor Representative Date Dat 13Page I C EXHIBIT A SCOPE OF SERVICES The Engineer shall render professional surveying and civil engineering services for the City's Canterbury Lane Storm Sewer Line Upgrade project as described below: A. PROJECT RESERCH/ DATA COLLECTION 1. Survey Research 2. Prepare preliminary project schedule 3. Project kick-off meeting B. DESIGN SURVEY 1. Establish Horizontal and Vertical Control 2. Topographic Survey C. ENGINEERING DESIGN 1. Construction Plans: a) Prepare 30%plans (plan view only) and preliminary construction cost estimate b) Determine feasibility of water quality treatment for project c) Prepare 60%plans and cost estimate d) Prepare 90%plans, specifications and cost estimate e) Prepare final plans, specifications and cost estimate 2. Permitting—prepare and submit applications: a) ODOT storm sewer connections permit 3. Coordination and Meeting with Project Team: a) Review engineering design with City staff at 30%, 60%and 90% at PACE office b) Provide progress updates to City staff every two weeks c) Coordinate with City staff on pothole locations for determining location of existing facilities. Location services to be contracted directly with City 4. Bidding Assistance: a) Pre-Bid Meeting b) Respond to Bidder inquiries c) Prepare Addenda d) Review bids.and provide recommendation for award letter D. CONSTRUCTION SERVICES 1. Provide Technical Submittal Review 2. Respond to Contractor RFI's 3. Construction Admin/ Site Observation: a) Review pay requests b) Review change orders c) Periodic site visits—one per week(budgeted for 10 visits) 4. Record Drawings: a) Provide horizontal location of manholes b) Provide vertical data including rims and invert elevations c) Provide finish manhole diagrams d) Provide drawings in AutoCAD and pdf format 141Page 5. Project Closeout: a) Final wall-through with City and Contractor b) Provide project files to City 15Page EXHIBIT B ENGINEER'S PROPOSAL 161 P ,,