Wallis Engineering, PLLC ~ C200054 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST AccomPANYEVERY CONTRACT
Contract Title: Greenfield Drive Emergency (/Repair Numbe�7
Contractor: V'allis Engineering, PLLC Contract Total: $186,525.00
Contract Overview: Wallis Engineering is being hired to complete the engineering design to fix
Greenfield Drive due to damage from a waterline break.
Initial Risk Level: ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Andrew Newbury Ext: 2472 Department: PW/Engineering
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Engineering Services Agreement
Start Date: December 5, 2019 End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Wallis Engineering $186,525.00
Account String: Fund-Division-Account Work Order-Activity TXpe Amount
FY 2020-21 532-8000-56005 96054-130 $186,525.00
Approvals - LCRB Date: Emergency Declaration
Department Comments:
Department Signature:
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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 with a
completed Contract Checklist.
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Contract#
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
GREENDFIELD DRIVE EMERGENCY DESIGN RECONSTRUCTION
THIS AGREEMENT,made and entered into this 4" day of December, 2019, by and between the
City of Tigard,a municipal corporation,hereinafter referred to as the "City," and Wallis Engineering,
hereinafter referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2020 budget provides for engineering design and reconstruction
services;and
WHEREAS,the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City;and
WHEREAS,the City desires to engage the Contractor to render professional services for the project
described in this Agreement,and the Contractor 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. Scope of Services
Contractor will perform professional relevant services 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 is effective upon the date of execution and expires on December 31,2020,unless
otherwise terminated or extended. All work under this Agreement must be completed prior to
the expiration of this Agreement.
3. Compensation
A. The maximum that Contractor may be paid on this Agreement is hereafter the "not to
exceed" amount of One Hundred Eighty-Six Thousand Five Hudred Twenty-Five and
No/100 Dollars ($186,525.00) without prior written authorization. The "not to exceed"
amount includes all payments to be made pursuant to this Agreement, including
reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for
work that does not meet the standard of care that would ordinarily be used by similar
professionals in this community in similar circumstances or other requirements of the
Agreement. The actual amount to be paid to Contractor may be less than the "not to
exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement
as provided below. The City will pay Contractor based on these invoices for acceptable
work performed and approved until the "not to exceed" amount is reached. Thereafter,
Contractor must complete work based on the Agreement without additional
compensation unless there is a change to the scope of work.
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C. Any estimate of the hours necessary to perform the work is not binding on the City.
Contractor remains responsible if the estimate proves to be incorrect. Exceeding the
number of estimated hours of work does not impose any liability on the City for additional
payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor
will submit billings to City periodically, but not more frequently than monthly. Payment
by the City releases the City from any further obligation for payment to Contractor for
i^ service or services performed or expenses incurred as of the date of the statement of
services. Payment will be made only for work actually completed as of the date of invoice.
Payment will not be considered acceptance or approval of any work or waiver of any
defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a
form satisfactory to the City. At a minimum,each billing will identify the task order under
which such work is performed,work completed during the billing period, percentage of
work completed to date, and percentage of budget used to date for each task. Billings
must also include Contractor's employer identification number or social security number,
as the City deems applicable.
f F. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City
on any account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund
from the contractor or any subcontractor.
5) If Contractor fails,neglects,or refuses to make prompt payment of any claim for labor
or services furnished to Contractor or a subcontractor by any person as such claim
becomes due, City's Finance Director may pay such claim and charge the amount of
the payment against funds due or to become due the Contractor. The payment of the
claim in this manner does not relieve Contractor or their surety from obligation with
respect to any unpaid claims.
6) Contractor will 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
Contractor, of all sums that Contractor agrees to pay for the services and all moneys
and sums that Contractor collected or deducted from the wages of employees pursuant
to any law,contract,or agreement for the purpose of providing or paying for services.
7) Contractor 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.
8) Contractor must obtain, prior to the execution of any performance under this
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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.
9) The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard's City Council.
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 the property of Contractor;however, the City may request, 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 has unlimited authority to use the materials received from
Contractor in any way the City deems necessary.
B. The City may make copies,for the use of and without cost to Contractor,of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the
Contractor 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 Contractor will 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 Contractor at no additional expense to the City, except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither parry may assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment has any force or effect unless and until the
other party has consented. If City agrees to assignment of tasks to a subcontract,Contractor is
fully responsible for the acts or omissions of any subcontractors and of all persons employed by
them. Neither the approval by City of any subcontractor nor anything contained herein creates
any contractual relation between the subcontractor and City. The provisions of this Agreement
are binding upon and will inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
6. Status of Contractor as Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement,Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore,in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
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third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. Conflict of Interest
The undersigned Contractor 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 Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement,except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his
or her normal charge for the type of service provided.
8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor's work by City will not operate as a waiver or release. Acceptance
of documents by City does not relieve Contractor of any responsibility for design
deficiencies,errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to 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 Contractor 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 is found to be illegal or invalid for any reason whatsoever,
such illegality or invalidity does not affect the validity of the remainder of this
indemnification.
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C. Claims for Professional Liability. Contractor agrees to 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 Contractor or its
subcontractors, sub-consultants, agents or employees in performance of professional
services under this agreement. Any work by Contractor that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities will be considered
a professionally negligent act,error,or omission.
D. As used in subsections B and C of this section, a claim for professional liability is a claim
made against the City in which the City's alleged liability results directly or indirectly, in
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whole or in part, from the quality of the professional services provided by Contractor,
regardless of the type of claim made against the City in performance of this Agreement.
A claim for other than professional liability is a claim made against the City in which the
City's alleged liability results from an act or omission by Contractor unrelated to the quality
of professional services provided by Contractor in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor'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 must
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
Contractor must obtain,at Contractor'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 may not be less than$2,000,000,or the equivalent.
Annual aggregate limit may not be less than$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence may not be less than$2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will 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 may not be less than $2,000,000.
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D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must 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. Contractors who perform work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
F. Extended Rel2orting Coverage
If any of the required 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, if less than 24 months, the maximum time-period Contractor's insurer will
provide. Contractor 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
Coverages provided by the Contractor 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 Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
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document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
J. Primary Coverage Clarification
The parties agree that Contractor's coverage is 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.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution,and errors and omissions policies required by this
Agreement.
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 will not be construed to limit Contractor's liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. Method&Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will 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 will be used to transmit notices,bills, payments,and other information:
CITY OF TIGARD WALLIS ENGINEERING
Attn: Andrew Newbury Attn: Wes Wenger
Address: 13125 SW Hall Blvd Address: PO Box 7840
Tigard,OR 97223 Salem, OR 97303
Phone: (503) 718-2472 Phone: (360) 695-7041
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Email: andrewnQdgard-or.gov Email: wes.wegner( Wjgseng.net
Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when
so faxed,upon successful fax. In all other instances,notices,bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
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person to who notices, bills,and payments are to be given by giving written notice pursuant
to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. 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 will be effective unless and until it is made in
writing and signed by both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
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 Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A)will 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 Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or 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 (10) days or such other period as City may authorize.
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The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not 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), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages,if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules,if any goods or services provided
under this Agreement may release,or otherwise result in an exposure to,a hazardous chemical
under normal conditions of use(for example,employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheet,the identity of the chemical/s,how Contractor
will inform employees about any precautions necessary,an explanation of any labeling system,
I and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. Force Majeure
Neither City nor Contractor will 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 will within
ten (10) days from the beginning of such delay, notif,the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will,however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor 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.
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19. Hours of Labor, Pay Equity
In accordance with ORS 27913.235, the following are hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week,except as provided by law. For contracts for personal services,as
defined in ORS 279A.055,Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract,either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the
employee's rate of wage,salary,benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee's
rate of wage, salary, benefits or other compensation with another employee or another
person.
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D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336);and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and
j all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
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21. Errors
Contractor will 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.
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22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
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adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. Warranties
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures,workmanship
and materials are the best available unless otherwise specified in the profession. Neither
acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's
services rendered in the performance of Contractor's obligations under this Agreement,will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests,liabilities,charges,and encumbrances of any kind.
24. Attorney's Fees
In the event an action, suit of proceeding, including appeal,is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party's own attorney
fees, expenses,costs and disbursements for the action,suit,proceeding,or appeal.
25. Choice of Law,Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon,Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal,this
Agreement will control. In the event of conflict 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 will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. Audit
Contractor will 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. Contractor 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.
29. 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 will
not be impaired unless the illegal or unenforceable provision affects a significant right or
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responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and,if negotiations fail,may terminate the Agreement.
30. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's
knowledge,not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316,317,and 318. Contractor's failure to comply with the tax laws of this
state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by its
duly authorized undersigned officer and Consultant has executed this Agreement on the date
hereinabove first written.
CITY OF TIGARD WALLIS ENGINEERING
S�, 1/jVt r4-4�
By: Authorized City Representative By: uthorized ontractor Representative
Dl �l ItZIlie 1-1
Date Date
12
EXHIBIT A
SCOPE OF SERVICES
Contractor agrees to provide professional services as described below:
PROJECT BACKGROUND
On Saturday November 23rd, 2019 an existing 8" cast iron water main (-200 psi) ruptured on SW
Greenfield Drive near SW Maplecrest Court causing flooding and damage to the roadway from SW
Maplecrest Court to SW Gaarde Street. Damage to the street included buckling and heaving of the
asphalt pavement, buckling and heaving of curb and sidewalk and transport of subsurface base rock
and sediment down the grade of the street. Staff also observed several large voids under the pavement
where sediment and base rock had migrated down the grade of the road. As a result of the damage,
the roadway was closed to all traffic until such time that repairs can be made that will safely allow
traffic to be reinstated.
GENERAL SCOPE OF PROTECT
This project includes the evaluation of the damaged roadway, determination of interim emergency
improvements necessary to safely reinstate traffic to the roadway, preparation of cost estimates for
interim and permanent improvements, design of permanent improvements to reconstruct the
roadway, and the preparation of contract documents to publicly bid the permanent improvements.
As part of the permanent improvements, center median islands and other traffic calming
improvements may be considered along with various utility improvements.
It is important to note that City is considering water system improvements with this project that are
not well defined at this point. As the project develops,it is anticipated that the desired water system
improvements will be refined and included in the construction documents along with the roadway
reconstruction.
PROJECT TEAM
Wallis Engineering will serve as the prime consultant for this project,leading a team of subconsultants
to complete all the services identified in the specific scope of work. The project team is listed below,
with the responsibilities which they will complete.
Consultant Responsibilities
_..........................................._.......... ............._.........._....__............._...._........_..................................._......_...................._ .........
Wallis Engineering(Wallis) Civil Engineering
..................................................._.................................................................................................................................................................................
CES I NW Inc. Surveying
.............................................................................................................................................................................................................................................
Geotechnical Resources Inc. Geotechnical Engineering
(GRI)
13 Parc
SPECIFIC SCOPE OF WORK
TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION
Provide project management, administration, and coordination between City staff, all project team
members, and regulatory authorities. This task includes technical and financial management of the
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project.
1.1 Project Management and Coordination
I
Wallis will lead the design team to successfully complete the project. We will confirm the goals,
F objectives and potential impacts of the project with the City project manager,establish quality control
procedures and designate responsibility for all technical work and deliverables. Project management
tasks will include the following:
• Develop a project scope of work and work plan for the successful delivery of the project.
• Overall project management to ensure the scope,schedule and budget are met.Provide a point
contact person for the City while coordinating with the project team.
• Monthly progress reports will be submitted with invoices. Monthly progress reports will
include budget status,schedule status,and brief summaries of work completed along with any
upcoming scope,schedule or budget concerns.Billings will include staff,title,hourly rate,and
hours charged to the project.
• Development and management of a project schedule.
• Consultation with the City Project Manager and other City staff.
1.2 Project Meetings
Wallis will facilitate project meetings,provide meeting materials, agenda,and minutes as appropriate,
and record key discussions and action items. Specific project meetings include:
• A project kick-off meeting to establish/confirm City staff expectations and goals prior to
proceeding.The kick-off meeting will include a site walk through.
• Client meetings with City staff at appropriate intervals based upon design activities.
• Design review meetings.
• Bi-monthly project status conference calls with the City's Project Manager.
1.3 Franchise Utility Coordination
Wallis will complete a rigorous utility coordination effort, documenting all communication and
coordination efforts in a utility coordination log. This effort will include the following:
• Identify all existing utility providers within the project corridor and obtain utility locates during
topographic surveys.
• Provide information to each of the utilities showing the extent of the subsurface damage
caused by the waterline break. Coordinate with each utility to verify any potential damage to
their facilities.
• Identify potential conflicts between existing utilities and proposed improvements and provide
notifications to and coordination with the affected utility company representatives at the 60%,
95% and final design phases.
• Maintain a record of correspondence with utility companies.
14 ( 1 age
Task 1 Assumptions:
• Design staff from Wallis will attend a 2-hour kickoff meeting at City offices with a
representative from GRI.
• Scheduled meetings will be held at City offices and include a kick-off meeting, up to two (2)
client meetings,and three (3) design review meetings.
• Bi-monthly conference call meetings will be held with the City's project manager for the
duration of the design contract.
• No private utility relocations are assumed.
Task 1 Deliverables:
• Project scope and fee.
• Meeting minutes and agendas.
• Bi-monthly conference call summaries.
• Monthly progress reports submitted with invoices.
• MS Project Schedule and updates.
• Franchise Utility coordination logs.
TASK 2 DATA COLLECTION
Compile existing conditions for establishment of required interim emergency improvements and
design of permanent improvements.
2.1 Review Existing Data
A detailed review of the following will be conducted by the design team:
• As-built drawings of the Quail Hollow—West development.
• City of Tigard water system master plans and as-builts adjacent to the project site.
• Available utility maps.
• Previous maintenance projects completed on-site.
2.2 Topographic Base Survey
CESNW will collect and process survey data as follows:
• Horizontal and Vertical Control:
o Establish Horizontal and Vertical Control. The Horizontal Datum will be Oregon North
3601 NAD 83(2011) epoch 2010.00 International feet. Utilizing the Oregon Real Time
Network (ORGN). The Vertical will be City of Tigard Datum NGVD 29. This item to
also include the monument location survey and right-of-way determination.
• Topographic Survey:
o Site features such as structures, hardscapes, landscaping, pavement, driveways, striping,
sidewalks, fencing,wetlands and trees 6" and above and any street trees. Visible utilities
and those marked through the one call utility locate center [811].
o The Topographic mapping area is along both sides of SW Greenfield Drive from Right of
Way to Right of Way. From the Southerly edge of Maplecrest Court to the Southwesterly
edge of SW Gaarde Street including the Southerly 100 feet of SW 132nd Terrace.
15 1 Pagc
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o An additional contingency budget allocation for topographic survey data collection is
included to allow for undefined water utility improvements to be included in the contract.
• Additional Monuments and Record of Survey:
o Locate additional centerline monuments South,North and East from the disturbance area
to re-establish the positions of the centerline monuments in the disturbance area and
prepare a Record of Survey to be filed with Washington County ($435.00 filing fee to be
included in this task).
2.3 Geotechnical Site Assessment
Geotechnical investigations will be completed in two phases as follows:
Phase I—Preliminary Evaluation and Development oflmmediate Remediation
Recommendations
The Phase I investigation will include subsurface explorations,a ground-penetrating radar(GPR)
survey, falling-weight deflectometer (FWD) testing, laboratory testing, engineering analyses, and
preparation of a technical memorandum. The memorandum will summarize our findings and
present our recommendations for potential interim repairs,if feasible.
The Phase I field work and laboratory investigation will consist of the following:
• A continuous GPR survey will be conducted of the project area to assist us in estimating the
extent of subsurface voids caused by the water main break. We expect one day of field work
to complete the GPR survey.
• Where it is safe to drive equipment (based on the results of the GPR survey), full-depth core
explorations and shallow borings to a depth of approximately 10 ft will be conducted at
approximately six to eight locations. The primary purpose of the subsurface explorations is
to provide a"ground truth" profile for calibration of the GPR survey. We anticipate one day
of field work to complete the explorations. GRI will submit a utility locate request to the one-
call utility notification center prior to completing the subsurface explorations. We will also
use a private locator to assist us in identifying the location of the utilities.
• Where it is safe to drive equipment (based on the results of the GPR survey), FWD testing
will be conducted at approximately 10-ft intervals between SW Maplecrest Court and SW
Gaarde Street along four test lines. The FWD data will allow us to compare the in-situ
subgrade support conditions under a wheel load that simulates a loaded truck for the roadway
uphill of the break to the roadway below the break. Additionally, the FWD data can also be
used to assist in identifying/confirming the location of voids in the pavement structure. We
anticipate approximately a half day of FWD testing.
• We will conduct a visual survey of the project area to identify areas where it is visually apparent
that the pavement was impacted by the water main break. The visual survey should take less
than a half day to complete.
• Laboratory testing will consist of moisture content determinations on all subsurface
exploration grab samples and classification tests such as Atterberg limits or washed gradation
tests on up to two samples.
We will summarize the results of our field and laboratory testing and provide recommendations
for potential alternative remediation repair recommendations in a technical memorandum. A draft
16 1 Pagc
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memorandum will be submitted in advance of our final memorandum in order to incorporate your
review comments into the final memorandum.
Phase H—Evaluation and Development ofFinal Repair Recommendations
For the Phase II field investigation,we will conduct another GPR survey in order to allow us to
compare results soon after the incident to those observed after conditions have stabilized, and
enable us to investigate the potential of incorporating interim remediation work (if completed)
into the final permanent repair recommendations.
We will summarize the results of our field and laboratory test results and provide earthwork
recommendations in a technical memorandum. A draft memorandum will be submitted in
advance of our final memorandum in order to incorporate your review comments into the final
memorandum.
Task 2Assumptions:
• Two (2) days of supplemental contingency survey field and office time are included to collect
additional information needed to complete the potential water system improvements to be
defined later in project development. The contingency survey work will only be completed
under a separate written authorization by the City.
• The field testing and exploration work may be conducted Monday through Friday between
the hours of 8 AM and 5 PM.
• Traffic control will not be required for the Phase 1 field investigation.
P • The City will provide the necessary permits for the testing work at no cost and will waive
bonding requirements.
• Recommendations for a structural pavement design are not included.
• Petroleum products or other potentially hazardous materials will not be encountered during
our subsurface explorations. If petroleum products or other potentially hazardous materials
are encountered during our subsurface exploration,we will immediately stop drilling,put the
drilling subcontractor and our field staff on standby, and contact you for further guidance.
No standby time is not included.
Task 2 Delivetables:
• Topographic survey and project base map.
• Pre-Construction Record of Survey.
VInterim and Long-Term Repair Recommendation Memorandum
Task 3 REMEDIATION TECHNICAL MEMORANDUM
This task provides recommendations and construction opinion of cost for interim emergency
improvements necessary to safely reinstate traffic.
The technical memorandum summarizing results of the preliminary geotechnical investigations
completed under previous tasks and provide recommendations for immediate remediation
improvements required to reinstate traffic to SW Greenfield Drive. The memorandum will include:
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171Page
• Summary of findings from preliminary geotechnical investigations.
• Presentation of up to two (2) alternative interim emergency repair options intended to safely
reinstate traffic on SW Greenfield Drive.
• Site plan and construction details for up to two (2) remediation improvement options.
• Prepare preliminary construction opinion of costs for immediate remediation improvements
(up to 2 alternatives).
Assumptions:
• Includes up to two (2) alternatives for emergence improvements required to reinstate traffic.
Deliverables:
• Technical memorandum including remediation improvement plan with details.
TASK 4 PREPARATION OF CONTRACT DOCUMENTS
Prepare construction contract documents and engineering cost estimates at various project design
stages.
4.1 60%Plans and Estimate
Design to include reconstruction of the roadway and pedestrian facilities,median islands and/or traffic
calming (if included) improvements, relocated stormwater system in SW Greenfield Drive so piping
is not over the top of existing waterlines,minor waterline improvements including relocating services
and hydrants as necessary to abandon the existing 8-inch cast iron water main (assume a total of 2
waterline sheets to show the improvements). The proposed design will incorporate geotechnical
recommendations for subgrade stabilization and will utilize the City's standard pavement section for
Neighborhood Roads.
The design team will assemble and submit 60% plans and opinion of cost to the City for review.
Design plans will include fully detailed ADA ramp layouts. The 60%plan drawings and all subsequent
submittals will include the following sheets:
Title #ofSheets
................................................._...__...........................................................................................,.....................................................
Cover and Drawing Index 1
.............................................................................................................................................................................................................................
General Notes and Legend 1
.............................................................................................................................................................................................................................
Typical Sections 1
........._...--....................................................................._...................................................................................................................
............
Demolition and Erosion Control Plan 2
.............................................................................................................................................................................................................................
Erosion Control Notes &Details 2
.............................................................................................................................................................................................................................
SW Greenfield Dr Street and Storm Sewer Plan& 2
Profile
.............._......................................................................................__...._.........................,..........................................
SW 132nd Ave Street and Storm Sewer Plan and 1
Profile
18 Page
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Title #ofsheets
.............................................................................................................................................................................................................................
Pedestrian Ramp Improvements 1
............................1.................................................................. ....... . ... . .. . .. ... ..........................,,.....................
Water System Improvements 2
............................._......_...................................._.....................................................................................................................
Details 2
.............................................................................................................................................................................................................
Standard Details 5
.............................................................................................................................................................................................................................
Total Sheets: 20
4.2 95% PS&E
Refine and incorporate City comments from the 60%Design and prepare 95%plans, specifications
and estimates for City review and comment.
Specifications will use the"2018 Oregon/APWA Standard Specifications for Public Works
Construction"and will conform to the City of Tigard Public Improvement Design Standards, City
of Tigard Water Distribution system Design Standards and Clean Water Services Design Standards.
Bid Item descriptions will be provided with the specifications.
4.3 Final PS&E Submittal
Refine and incorporate City comments from the 95%Design and prepare final plans, specifications
and estimates for project advertisement and bidding.
Task 4 Assumptions:
• Limits of Greenfield Drive roadway reconstruction is from the north side of Maplecrest Court
to the southwest side of Gaarde Street.
• The decision on inclusion of median curbs and/or traffic calming will be established through
discussions at client meetings. A traffic study is not included.
• Landscaping and irrigation not included.
• No engineered pavement design will be provided. The pavement section will be based on the
City's standard section for Neighborhood Roads.
• Includes up to two (2) plan sheets for reconnecting water services and fire hydrants so that
the existing cast iron waterline can be abandoned.
• Permitting is not included.
• Traffic Control Plans will be provided by the Contractor.
• No stormwater treatment, detention/retention or capacity analysis is included. It is assumed
that the existing storm system can be re-aligned within SW Greenfield Drive and reconnected
to the storm sewer system on 132nd Avenue or the lower portion of SW Greenfield Drive
without capacity or downstream concerns.
• All existing utilities within the project limits will be video inspected by the City and deficiencies
requiring repair/replacement will be clearly identified by the City.
• No Right of Way acquisition or easements are included.
Task 4 Deliverables:
• Plans and estimates at 60%,95% and final stages of design.
• Project specifications at 95% and final stages of design.
191Pagyc
Task 5 Bidding phase services
Contractor will assist the City in soliciting contractor bids to perform the permanent improvement
work in conformance with City requirements.Bidding assistance will include the following:
• Project Bidding: Contract documents prepared by contractor in Task 4 will be used to bid the
project. The City will be responsible for advertising the project, preparing and distributing
Contract Documents to prospective bidders and maintaining a planholder's list. Contractor
will prepare an agenda and conduct a pre-bid meeting (if deemed necessary) at the City,
respond to questions that come up during bidding,and coordinate responses to questions with
project subconsultants as they arise.
• Project Addenda: Contractor will prepare addenda and submit to City for distribution.
• Project Award: City will be responsible for reviewing and processing all received bids and
preparing a recommendation of award. Contractor will review bid prices with City project
manager.
All construction work to be completed for the immediate remediation improvements will not be
advertised with formal bidding documents and will be appointed directly to a Contractor by the City.
No bidding support is required from Wallis for the immediate remediation improvements.
Task gAssumptions:
• Up to two addenda are included (assistance allotments provided for subconsultants).
• Advertisement and plan distribution will be through the City's online plan center.
• City will prepare and maintain a planholder's list, review and process all bids, and prepare a
bid tabulation.
• City will prepare a recommendation of award.
Task g Deliverables:
• Addenda will be prepared and provided to the City in electronic format for distribution to
bidders.
• Pre-bid meeting agenda and meeting minutes (as necessary).
TASK 6 CONSTRUCTION PHASE SERVICES
6.1 Remediation Improvements Construction Support
Wallis will provide on-call construction support to the City during construction of the interim
improvements necessary to re-instate traffic to the roadway. Construction support may include all
forms of related construction management and inspection as deemed necessary by the City. For
budgeting purposes,a total of 48 hours of construction support is assumed from Wallis staff.
GRI will provide supplemental geotechnical observation and support as needed to included budget.
6.2 Permanent Improvements Construction Support
Wallis will provide on-call construction support to the City during construction of the permanent
improvements necessary to re-instate traffic to the roadway. Construction support may include all
20 1 Pat' r
forms of related construction management and inspection as deemed necessary by the City. For
budgeting purposes,a total of 132 hours of construction support is assumed from Wallis staff.
GRI will provide supplemental geotechnical observation and support as needed up to the included
budget.
Task 6Assumptions:
• The City will lead all construction management and inspection efforts for both the interim and
permanent improvements.
• Wallis and GRI will provide construction support services as assumed above.
Task 6Deliverables:
Construction support documentation including meeting summaries, site investigation reports, RFI
responses,etc. as requested by the City
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EXHIBIT B
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wallis Rate Schedule
City of Tigard � Greenfield Drive Emergency Reconstruction
*engineering December 2019 I WE#1496A
Rate Schedule good through December, 31, 2020
Title Range
Associate Engineer $141 $141
Senior Engineer $193 $193
Engineering Manager I - VI $165 $190
Project Engineer I - IX $117 $163
Staff Engineer I - IV $95 $115
Engineering Intern I - III $59 $65
Designer $112 $136
Construction Manager $125 $125
Inspector $88 $103
Technician I-IV $78 $114
Administrative I —VI $47 $104
These hourly rates include in-house office expenses, photocopying, and
other incidental items. Mileage will be reimbursed at the current standard
IRS rate. Outside expenses will be billed at cost plus 10%.