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Res 1405 - Design Settle/Parr R COUNCIL BILL NO. 1783 RESOLUTION NO. 1405 A RESOLUTION ENTERING INTO AN AGREEMENT WITH DEHAAS AND ASSOCIATES INC. FOR PROFESSIONAL ENGINEERING CONSULTING SERVICES TO PROVIDE DESIGN IMPROVEMENT PLANS FOR PARR ROAD, SETTLEMIER AVENUE STREET IMPROVEMENTS AND AUTHORIZING THE MA VOR AND THE CITY RECORDER TO SIGN SAID AGREEMENT. WHEREAS, the City Council considers the improvement of Parr Road and Settlemier Avenue to be necessary and beneficial; and WHEREAS, the City Council, by approving Resolution No. 1358 on June 10, 1996, directed the City Engineer to prepare the engineering report for the improvements of Parr road; and WHEREAS, the City Council reviewed and approved the engineering report on December 9, 1996 and directed staff to prepare a Resolution of Intent to Improve; and WHEREAS, the City Council, reviewed and approved the Resolution of Intent to Improve, Resolution No. 1399 on January 27, 1997; and WHEREAS, it is intended to construct the improvement this construction season and the design plans are an integral part of the improvement process; and WHEREAS, a proposed Agreement for Professional Services has been prepared and agreed to by Dehaas and Associates, and reviewed by the City Attorney (body) and Public Works Staff (technical aspects and exhibits), NOW THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with Dehaas and Associates, Inc. for professional engineering services to provide design improvement plans for the Parr Road, Settlemier Avenue street improvements, which is attached hereto as Attachment I and by this reference incorporated herein. Section 2. That the Mayor and the City Recorder, on behalf of the City are authorized to sign said agreement. Page 1 - COUNCIL BILL NO. 1783 RESOLUTION NO. 1405 ~"...,,' "-r-~~'~"-~~"'-"- ",," --.-, ~-",.._,,,~..,,.,,~.~ "",,,,,,,. .... ._.-.",- Approved as to form~.,ryvr~ City Attorney 5-6-0/ 1- Date APPROVED: L__......., __..-..--:1 //~ March 10, 1997 Passed by the Council Submitted to the Mayor March 12, 1997 Approved by the Mayor March 12, 1997 Filed in the Office of the Recorder March 12, 1997 ATTEST: ~~~ ary ennant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1 A83 RESOLUTION NO. 1405 ,,~--," '~'-T""""'''''''''''-'-''''''"''- ",,,," """--,.-.._.,."..,,,,,.,,-,.--,-,_..._......" - CITY OF WOODBURN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into as of the date first indicated on the signature page, by and between the City of Woodburn. Woodburn, Oregon, (hereinafter referred to as the "City"), and De Haas & Associates, Ioc., hereinafter referred to as "Consultant". WHEREAS, City requires services, which Consultant is capable of providing, Wlder terms and conditions hereinafter described; and WHEREAS, Consultant represents that it is qualified on the basis of specialized experience and technical competence and prepared to provide such services as City does hereinafter require; NOW, THEREFORE, in consideration of those mutual promises and the terms and conditions set forth hereafter, the parties agreed as follows: A. TERM The term of this Agreement shall be from the date of execution by both parties until tasks required hereunder are complete and accepted, unless earlier tenninated in accordaoce herewith. B. CONSULTANT'S SERVICES B.l The scope of Consultant's services and time of performance wlder this Agreement are set forth in Exhibit A. All provisions and covenants contaired in Exhibit A are hereby iocorporated by reference and shall become a part of this Agreement as if fully set forth herein B.2 All written documents, drawings, and plans submitted by Consultant and intended to be relied on for the project shall bear the signature, stamp or initials of Consultant or Consultant's authorized Project Manager. Any documents submitted by Consultant which do not bear Consultant's signature, stamp or initials or those of the Consultant's authorized Project Manager shall not be relied upon by City. Interpretation of plans and answers to questions covering Plans given by Consultant or Consultant's Project Manager need oot be put in writing unless the requested by the City and may be relied upon by City, B.3 All agreements on the Consultant's part are contingent upon, and the Consultant shall oot be responsible for damages or be in default or be deemed to be in default by reason of delays in performance due to third party: strikes, lockouts, accidents; act of God; other delays unavoidable or beyond Consultant's reasonable control, or due to shortages or unavailability of labor at established area wage rates or delay caused by failure of the City or City's agents to furnish information or to approve or disapprove the Consultant's work promptly, or due to late or slow, or faulty performance by the City, other contractors, other consultants not under Consultant's control or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of the Consultant's work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly. B.4 The existence of this Agreement between City and Consultant shall not be construed as City's promise or assurance that Consultant will be retained for future services unrelated to this public works project, B,5 Consultant shall maintain confidentiality of any private information and any public information which is exempt from disclosure under state or federal law to which the Consultant may have PROFESSIONAL SERVICES AGREEMENT DE HAAS & ASSOCIATES, INC. Parr Road LID -1- "'."''Y''" ",. access by reason of this Agreement. Consultant warrants that its employees assigned to work on services provided in this Agreement shall maintain confidentiality. All agreements with respect to confidentiality shall survive the termination or expiration of this Agreement. C. CITY'S RESPONSffiILITIES Cl The scope of City's responsibilities, including those of its Project Manager, are set forth in Exhibit B, which is attached hereto arxl incorporated herein. C,2 City certifies that sufficient fuOOs are available and authorized expeOOitW'e to finaoce costs of this Agreement. D. COMPENSATION D, 1 Except as otherwise set forth in this subsection D, City agrees to pay Consultant a sum not to exceed $114,674.70 for performance of those services provided hereunder and outlined in Exhibit A, Schedule Ia,Ib,II am a sum not to exceed $32,384.10 for performaoce of those services provided hereunder am outlired in Exhibit A, Schedule ill (Railroad Crossing). However, compensation may be less than such maximum amount and shall be actually determined on an hourly basis as shown on the Rate Schedule attached as Exhibit C which is attached hereto and incorporated herein. Compensation shall be only for actual hours worked on this project and related direct expenses. Consultant shall furnish with each bill for services an itemized statement showing the amount of hours devoted to the project by Consultant as well as any agents or employees of Consultant and any direct expenses. D.2 During the course of Consultant's performaoce, if City or its Project Manager specifically request Consultant to provide additional services which are beyond the scope of the services described on Exhibit A, Consultant shall provide such additional services and bill the City at the hourly rates outlined on the attached Standard Hourly Rate Schedule, provided the parties comply with the requirements of Section R. No compensation for additional services shall be paid or owing unless both parties specifically agree to such additional compensation and services. D.3 Unless expressly set forth on Exhibit A as a reimbursable expense item, Consultant shall only be entitled to the compensation amount specified in subsections D.I and D.Z. Only those reimbursable expenses which are set forth on Exhibit A and itemized on Consultant's bills for services shall be the basis for which payment of those expenses by City shall be owing. D.4 Except for amounts withheld by City pursuant to this agreement, Consultant will be paid for services for which an itemized bill is received by City within 30 days. D.S City shall be responsible for payment of required fees, payable to govennnental agencies including, but oot limited to plan checking, lam use, zoning am all other similar fees resulting from this project, arxl oot specifically covered by Exhibit A. D.6 Consultant's compensation rate includes but is not limited to salaries or wages plus fringe benefits am contributions irduding payroll, taxes, worker's compensation insurance, liability insuraoce, pension benefits, and similar contributions and benefits, D.7 In the event Consultant's responsibilities as described on Exhibit A have been separated into two or more phases, then Consultant shall oot be entitled to any compensation for work performed directly on a later category of responsibilities un1ess and until City specifically directs that Consultant proceed with such work. PROI.ESSIONAL SERVICES AGREEMEi'IT DE HAAS & ASSOCIATES, INC. PafT ROlId LID -2- ~...._,.._". ..'H-_'~"__'_'_~___~___"'~~_""'~~""_"'''''''=--'''''''_''_''",.'~'.'_..,., ,"",,"_n,"'."_ ,,_..fr....,_.._.,.,..._.,_."~,.."""~_ .. full force for not less than four (4) years following Consultant's performance under this Agreement. All policies shall provide for not less than 30 days written notice to the City before they may be revised, non-renewed, or canceled. The Consultant shall endeavor to provide for not less than 30 day's written notice to the City before the policy coverage may be reduced. Excepting professional liability and worker's compensation coverage, all policies shall provide an endorsement naming the City, its officers, employees and agents as additional insured. In the event the policy lapses during performance, the City may: treat said lapse as a breach~ terminate this Agreement and seek damages; withhold progress payments without impairing obligations of Consultant to proceed with work~ pay an ins\.ll'aIU carrier (either Consultant's or a substitute) the premiwn amount and withhold that amOlmt from payments~ and use any other remedy provided by this Agreement or by law. 1.2.5 Insurance Requirements. The Consultant, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Worker's Compensation Law and shall comply with ORS 656.017 which requires them to provide worker's compensation coverage for all their subject workers. 'The Consultant will maintain throughout this Agreement the following insurance: 1.2.5.1 Worker's compensation and employers liability insurarx:e as required by the State where the work is performed. 1.2.5.2 Comprehensive automobile and vehicle liability ins\.ll'aIU covering claims for injuries to members of the public and/or damages to property of others arising from the use of motor vehicles, including on-site and off-site operations, and owred, mn-owred, or hired vehicle, with $500,000 combined single limits. 1.2.5.3 Commercial general liability insurance covering claims for ~uries to members of the public or damage to property of others arising out of any covered negligent act or omission of the Consultant or of any of its employees, agents or subcontractors, with $1,000,000 per occurrence and in the aggregate. 1.2.5.4 Professional liability insurance of $500,000 per occurrence and in the aggregate, including contractual liability coverage. If Consultant proposes using subcontractors, in addition to any other requirements of this Agreement, City may require subcontractors to provide Professional Liability Insurance, provided the amount and form of coverage complies with requirements of paragraphs 1.2,1,1.2.2,1.2.3.1.2.4 and 1.2.5.4. 1.2.5.5 City will be named as an additional insured with respect to Consultant's liabilities hereunder in insurance coverages identified in items 1.2.5.2 and 1.2.5.3. J. 2. 6 The coverage provided by these policies shall be primary and any other insurance carried by City is excess. Consultant shall be responsible for any deductible amounts payable under all policies of insurance. In the event a dispute arises between City and Consultant for which Consultant has obtained iI1SlJ1'(lD:e, the maximwn amount which may be withheld by the City for all such claims be no more than the amount of the applicable insurance deductible. K, EARLY TERMINA nON PROFESSIONAL SERVICES AGREEMENT DE HAAS & ASSOCIATES, INC. Parr Road LID -6- .-'Y-'''''''''-'''.'' -.,.., .. K. EARLY TERMINA nON K. 1 This Agreement may be terminated prior to the expiration of the agreed upon terms: K.l.1 By mutual written consent of the parties; K,1.2 By City for any reason within its sole discretion, effective upon delivery of written notice to Consultant by mail or in person; and K. 1. 3 By Consultant, effective upon seven days prior written notice in the event of substantial failure by the City to perform in accordance with the terms through 00 fault of the Consultant. K,2 If City terminates the Agreement in whole or in part due to default or failure of Consultant to Perform services in accordaoce with this Agreement, City may procure, upon reasonable terms and in a reasonable manrer, services similar to those so tenninated. In addition to any other remedies the City may have, Consultant shall be liable for all costs and damages iocurred by City in procuring such similar services, and the Contract shall be in full force to the extent not terminated. K.3 If City terminates the Agreement for its own convenieoce, payment of Consultant shall be prorated to and ioclude the day of termination and shall be in full satisfaction of all claims by Consultant against City urxier this Agreement. K.4 Termination urxier any provision of this paragraph shall not affect any right, obligation or liability of Consultant or City which accrued prior to such termination. Consultant shall surrender to City items of work or portions thereof, referred to in Paragraph 0 for which Consultant has received payment, or City has made payment. City retains the right to elect whether or not to proceed with actual construction of the project. L. SUSPENSION OF WORK City may suspend, delay or interrupt all or any part of the work for such time as the City deems appropriate for its own convenience by giving written notice thereof to Consultant. An adjustment in the time of performaoce or method of compensation shall be allowed as a result of such delay or suspension unless the reason is within the Consultants control. City shall not be responsible for work performed by any subcontractors after ootice of suspension is given by City to Consultant. Should the City suspend, delay or interrupt the work and the suspension is not within the Consultant's control, then the City shall extend the time of completion by the length of the delay and the method of compensation shall be adjusted to reflect the Consultant's increase or decrease in its standard hourly rates. M. SUBCONSULTANTS AND ASSIGNMENTS M,l Unless expressly authorized in Exhibit A or Paragraph I of this Agreement, Consultant shall neither subcontract with others for any of the work prescribed herein, nor assign any of Consultant's rights acquired hereunder without obtaining prior written approval from City. Work may be performed by persons other than Consultant, provided Consultant advises City of the names of such subcontractors and the work which they intend to perform and the City specifically agrees thereto. Consultant acknowledges such services are provided to City pursuant to a subcontract(s) between Consultant and subcontractor(s). Except as otherwise provided by this Agreement. City iocurs no liability to third persons for payment of any compensation provided herein to Consultant. Any attempted assigrnnent of this contract without the written consent of City shall be void. Except as otherwise specifically agreed, all costs for services performed by others on behalf of Consultant shall not be subject to additional reimbursement by City. PROFESSIONAL SERVlCES AGREEMENT DE HAAS & ASSOCIATES, INC. Parr Road LID -7- .. ..... ....'., .. for modification in the marmer outlined herein may be the basis for refusal by the City to treat said communication as a basis for modification. In connection with any modification to the contract affecting any change in price, Consultant shall submit a complete breakdown of labor, material, equipment and other costs. If CoINJItant in:urs additional costs or devotes additional time on project tasks which were reasonably expected as part of the original agreement or any mutually approved modifications, then City shall be responsible for payment of only those costs for which it has agreed to pay. S. OTHER CONDITIONS S.1 Except as otherwise provided in paragraphs S. 1.1, S.1.2 and S.1.3 Consultant represents and agrees that the contract specifications and plans, if any, prepared by the Consultant will be adequate and sufficient to accomplish the purposes of the project; and further, that any review or approval by the owner of the plans and specifications shall oot be deemed to diminish the adequacy of Consultant's work. S.1.1 Subsurface Investigations. In soils, foundations, grourxi water, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated urxierground conditions may occur that could affect total Project cost and/or execution. These conditions and cost/execution effects are the responsibility of the Consultant. S,1.2 Opinions of Cost, Finan:ial Considerations, and Schedules. In providing opinions of cost, finan:ial analyses, economic feasibility projections, and schedules for the Project, Consultant has 00 control over cost or price of labor and materials; 1IDknown or latent conditions of existing equipment or structures that may affect operation or maintenarx:e costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other ecooomic and operational factors that may materially affect the ultimate Project costs of schedule. Therefore, Consultant makes 00 warranty that Owner's actual Project costs, finarx:ial aspects, economic feasibility, or schedules will oot vary from Engineer's opinions, analyses, projections, or estimates. S.1.3 Record Drawings, Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may oot always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is responsible for any errors or omissions about which the Consultant knew or should have known in the information from those employees or firms employed by the Consultant under terms of the contract as stated therein that is incorporated into the record drawing. S,2 Notwithstanding any acceptaree or payments, City shall not be precluded or stopped from recovering from Consultant, or its insurer or surety, such damages as may be sustained by reason of Consultant's failure to comply with the terms of this Agreement. A waiver by City and breach by Consultant shall oot be deemed to be a waiver of any subsequent breach by Consultant. T. INTEGRA nON This Agreement, including but oot limited to Exhibits and Consultant's proposal submitted to City contains the entire integrated agreement between the parties and supersedes all prior written or oral discussions, representations or agreements, In case of conflict among these documents the provisions of this Agreement shall control, PRO~IONALSERVICESAGREEMENT DE HAAS & ASSOCIATES, INC. Parr Road LID -9- '.-"."T-' ... u. MISCELLANEOUS / GENERAL Consultant birxis itself, its partners, officers, successors, assigns and legal representatives to the City under the terms and conditions of this agreement as described herein. V, If any of the provisions contained in the Agreement are held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall not be impaired. Any provisions coocerning the limitation of liability or indemnity shall survive the termination of Agreement for any cause. W. All notices required under this agreement shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Mr. Marlin De Haas De Haas & Associates, Ioc. Suite 300 - AGC Center 9450 SW Commerce Circle Wilsonville, OR. 97070 (503) 682-2450 Mr. Frank Tiwari Public Works Director 270 Montgomery Street Woodburn OR. 97071 (503) 982-5244 Notice shall be effective upon delivery to the above address. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX mnnber for the delivery of such notices has been changed, provided that, Wltil such time as the other party received such notice in the marmer provided for herein, any notice addressed to the previously-designated person arxllor delivered to the previously-designated address or FAX shall be effective. X. In the event either party initiates a lawsuit of arbitration against the other, then the prevailing party shall in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or arbitration. PROFESSIONAL SERVICES AGREEMENf DE HAAS & ASSOCIATES, INC. Parr Road LID -10- "_....... . .". "......., .'.,._,." ..--". " The CONSULTANT and the CITY hereby agree to all provisions of this AGREEMENT. IN WITNESS WHEREOF, the parties by their signatures below enter into this Agreement this 12th day of March ,19 97 CONSULTANT: CITY OF WOODBURN: ~-}-VJ ~ By / ~...-/~TJ ~' ~ / J NANCY A. K'~KSEY, MAYOR ! I I DeH inc NAf~.~ //(')/ By 7('&:~linJ~~' 1/J/y Attest: Title President 11"-'"t,y~ ~- Tennant Mailing Address: Mailing Address: 9450 SW Commerce Circle AGe Center - Suite 300 Wilsonville, OR. 97(170 270 Montgomery Street Woodburn, OR. 97(171 Employer J.D. No. 93-(1736727 t1T~ro~ Bob Shields City Attorney PROFESSIONAL SERVICES AGREEMENT DE HAAS & ASSOCIATES, INC. Paff Road LID -11- " """-"T"'00 EXHIRIT A SCOPE OF CONSULTANT'S SERVICES The work to be performed by the CONSULTANT outlined in the AGREEMENT shall generally include provision of engineering and surveying services related to the following road improvements: Schedule Ia is that portion of Parr Road west of the school district property to the west line of Centennial Park property which wiD be constructed as a later phase. Schedule Ib is calculated from a point 100 feet west oftbe centerline intersection of Parr Road and Settlemier Avenue, to the west boundary of the school district property. The construction contract is to be let by the City of Woodburn. Schedule n improvements include the realignment of Parr/SettlemierlFront Street intersection, providing left turn refuges. A Portion a of Settlemier Avenue from Parr Road approximately 275 ft southerly and a portion of Parr Road 100 feet west of the Settlemier intersection. The construction contract is to be let by the City of Woodburn. Schedule m is the improvement and realignment of SettlemierIBoones Ferry Road railroad Crossing (No.C-734.50) including replacement of signal facilities. The construction contract is to be let by the Oregon Department of Transportation (ODOT). SCHEDULE Ia.Ib and SCHEDULE n The CONSULTANT agrees to perform in accordance with all applicable Federal, Stite and local laws, statutes, ordinances, rules and regulations of any kind, whatsoever, professional services in cormection with the PROJECT as hereinafter stated and defired as Basic Services. BASIC SERVICES 1. LID Formation and Assessment.(Assist City wben requested) I. 1 Assist the CITY in preparation of reports and review of alternatives leading to formation of the LID. 1.2 Assist the CITY in preparation of the Preliminary Engineer 1 s Report iocluding preliminary cost estimates, etc. 1.3 Assist the CITY with exhibits necessary for presentation of the Preliminary Engineer's Report to Courx:il, infonnal meetings with property owrers and public hearing on formation of the LID, Parr Road L.I.D. DE HAAS & ASSOCIATES, INC. -1- ____..,_._ _._ ... ", _"O><~""""""____'_'~"_"_'''~_''''_''_' ,. .'~__""~_'''_'_'~''''''''''~'~'_''';'' ,'.I_,~~,"""""~c,_"",,_,,~,'_'_'.______~.,I"_____"~,,,~~~..~ 1.4 Assist the CITY in compiling the final costs for LID and City-participation portions of the project and preparation of the Final Engineer's Report. 2. Preliminary Design Services. 2, 1 Furnish survey personnel and equipment required to obtain field information necessary to prepare plans and specifications for the PROJECT. 2.2 Coordinate the design with utility companies am authorities whose facilities may be affected by the proposed construction and obtain from such companies and authorities the location of their existing and planned facilities. Assist the CITY in regotiations with the utility companies and authorities for the adjustment of their facilities. 2.3 Provide a traffic analysis of the Parr Road/Settlemire Averrue/Front Street intersection to evaluate requirements for left-turn refuges and traffic control devices. 2.4 Identify right-of-way acquisition requirements. 2,5 Prepare for the CITY'S approval, preliminary plans and specifications based on the field data collected, information from utility companies, and on typical design details and standards furnished by the CITY. 2,6 Prepare an estimate of total construction costs, estimates of materials quantities to be furnished and work to be dore, based on the preliminary plans and specifications. 2.7 Furnish three (3) sets of preliminary plans and specifications to the CITY for review and approval prior to proceeding with final design. 2,8 Meet with representatives of local, State and Federal agencies am the CITY in regard to design of the PROJECT. 3. Fmal Design Services. 3.1 Prepare final plans and specifications for the PROJECT, in accordance with appropriate regulatory agen:ies and the CITY"S requirements. 3.2 Prepare an estimate of total construction costs, estimates of materials quantities to be furnished and work to be dore, based on completed plans and specifications for the PROJECT. Such estimates are to be based upon the CONSULTANT'S best judgement am experience and as are deemed to be appropriate at the time the PROJECT is scheduled to be bid. 3,3 Coordinate any utility lire relocation which may be required. 4. Bidding and Contract A ward Services. (Excluding Parr Rd. West of School) 4,1 Furnish one set of reproucible prints and thirty five (35) copies of final plans and specifications for bidding and for construction of the PROJECT. 4.2 Interpret plans and specifications dwing the bidding period and prepare clarifications and addenda. Parr Road L.I.D. DE HAAS & ASSOCIATES, INC. -2- . '''--'r' . "..._--, . .,.- "., .---... ".. . . - and conduct the bid letting. 4.2 Interpret plans and specifications during the bidding period and assist CITY & ODOT with clarifications and addenda. 4,3 Assist in analysis of bid results and assist in recommending contract award, 5. Services During Construction. 5,1 Furnish survey persormel and equipment as required to establish baseline control for construction of the PROJECT and provide all construction staking as necessary and defined in the contract documents. 5,2 (Ootion Al If Consultant provides inspections. a. Fwnish the services of a Resident Inspector to provide inspection of the work of the CONTRACTOR during the period of construction. The Resident Inspector shall be experierx:ed in the type of work to be done to the end that competent inspection of materials and labor will be provided. The CONTRACTOR will keep and the Inspector will check, all records, maps and plans recessary for the preparation of final record drawings. The Resident Inspector will verify monthly reports of construction progress and monthly estimates as the basis of payment to the CONTRACTOR as construction proceeds. b. Meet with representatives of local, State, and Federal agerx:ies when necessary for consultation or confererx:es in regard to construction of the PROJECT. c. Assist in preparation of such reports as may be required by ODOT. d. Interpret the contract plans and specifications to determine construction compliance with the intent of the design. e. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the CONTRACTOR is required to provide and recommend to the CITY and ODOT, changes deemed advisable. f. Arrange for, conduct, or witness, field, laboratory, or shop test of construction materials, as prescribed in the contract documents. g. Determine the suitability of on-site materials to be used in the construction. h. Reject work and materials that do not conform to the contract documents. i. Assist the CITY and ODOT in determining payments due the CONTRACTOR based on the extent of work completed, j. Review claims for extra compensation and requests for extension of time submitted by the CONTRACTOR and prepare recommendations to the CITY and ODOT for final disposition. k. Submit written progress reports on design activities to irx:lude statements of work completed, findings and corx:lusions, delays erx:ountered, schedule revisions, or work modifications, Parr Road LI.D, DE HAAS & ASSOCIATES, INC, -6- .._~-"--"...- , I. Upon substantial completion of construction, conduct an investigation of the PROJECT and assist the CITY and ODOT in preparing puoch lists of work to be done to achieve final completion. m. Assist the CITY and ODOT in negotiating final payment for construction. Document proceedings of negotiations, if any, and record basis for final payment. n. At the completion of the PROJECT, prepare a final PROJECT status report, including a PROJECT cost swnmary, and prepare Mylar as.built plans for submittal to the CITY and ODOT. 5.2 lOndon B) If the City provides inspection a. Make periodic visits to the site of the PROJECT, as needed, to observe the progress and quality of the work and to determine if the work is proceeding in acco~e with the intent of the contract docwnents. Periodic visits are estimated to average one half day per week. b. Upon substantial completion of construction, conduct an investigation of the PROJECT and assist the CITY and ODOT in preparing puoch lists of work to be done to achieve final completion c. At the completion of the PROJECT, prepare mylar as-built plam from information furnished by the City and submit to the CITY and ODOT. d. Attend weekly meetings with representatives of the CITY, ODOT and the CONTRACTOR. SPECIAL SERVICES (As requested by City) 1. Provide compaction testing services. ESTIMA TED COST $1,000.00 $600.00 2. Prepare descriptions related to right-of-way acquisitions. 3. Provide miscellaneous consulting and other services, associated with the project, oot hereinbefore listed under Basic Services. $1,000.00 The CONSULTANT agrees to complete the Preliminary and Final Design Services for Schedule la, Ib and Schedule II within 90 caleIXlar days after receipt of the authorization to proceed and for Schedule III within 40 caleIXlar days after authorization to proceed. If the CITY has requested significant modifications or changes in the scope of the PROJECT, the time ofperforman:e of the CONSULTANT'S services shall be adjusted accordingly. 803SCP,D03 Parr Road L.I.D, DE HAAS & ASSOCIATES, INC. -7- ._.. "'-r-....--,._.._,.,. ,-_.,-,., ,......., ....."..".......""......,., .. EXHIBIT B CITY'S RESPONSIBll.ITIES Schedule la, Ib and Schedule II 1. Provide necessary information to the CONSULTANT as to the CITY'S requirements for the PROJECT. 2. Assist the CONSULTANT by placing at his disposal all reasonably available information and technical data pertinent to the PROJECT including previous reports and any other data relative to design and construction of the PROJECT. 3. Furnish to the CONSULTANT, prior to any performaoce by the CONSULTANT urxler the Agreement, a copy of any design and construction standards the CITY will require the CONSULTANT to follow in the preparation of the contract documents. 4. Advertise for proposals from bidders, open the sealed proposals at the appointed time and place and pay for all costs incident thereto. 5. Obtain approvals and permits from all govennnental authorities having jurisdiction over the PROJECT. 6. Give prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect or delay in the PROJECT. 7. Conduct all procedures related to the LID formation process. 8. Hold such public hearings as is appropriate in processing the LID project. 9. Docket the liens related to the local assessment district and otherwise implement the provisions of the CITY CODE related to procedures for Local Improvements and Special Assessments. 10. (Option B) If City provides inspection. a. Furnish the services of a Resident Inspector to provide continuous inspection of the work of the CONTRACTOR during the period of construction. The Resident Inspector shall be experienced in the type of work to be done to the end that competent inspection of materials and labor will be provided. The CONTRACTOR will keep and the Inspector will check, all records, maps and plans necessary for the preparation of final record drawings, The Resident lru;pector will verify monthly reports of coru;truction progress am monthly estimates as the basis of payment to the CONTRACTOR as construction proceeds. b. Meet with representatives of local, State, and Federal ageocies when necessary for consultation or conferences in regard to construction of the PROJECT. c. Interpret the contract plans and specifications to determine construction compliaoce with the Parr Road L.l.D. DE HAAS & ASSOCIA rES, INC. <'.."'.,..,.,..,.,.....__.............,~~;'...'N"_."_..."..~.""_,.,._. ,~,._~.".._"',.;._"__""..........._-Io'o.....,,.,,__,,>~,_~.~,. ."'~_""'."'._~...rl_"""'....___ .. intent of the design. d. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the CONTRACTOR is required to provide and recommeoo to the CITY, changes deemed advisable, e. Arrange for, cooouct, or witness, field, laboratory, or shop test of construction materials, as prescribed in the contract doc1.llllents. f. Determine the suitability of on-site materials to be used in the construction. g. Reject work and materials that do not conform to the contract doc1.llllents. h. Through a subconsultant, provide materials testing and compaction testing services. i. Determine payments due the CONTRACTOR based on the extent of work completed. j. Review claims for extra compensation and requests for extension of time submitted by the CONTRACTOR. k. Upon substantial completion of construction, cooouct an investigation of the PROJECT with the CONSULTANT in preparing pwx:h lists of work to be done to achieve final completion. I. Negotiate final payment for construction. Doc1.llllent proceedings of negotiations, if any, and record basis for final payment. m. At the completion of the PROJECT, provide as-built information to the CONSULTANT for the CONSULTANT'S use in preparing Mylar as-built plans for submittal to the CITY. 803SCPB1.D04 Parr Road L.LD, DE HAAS & ASSOCIATES, INC. "-r'-'''''''.--'''''''''' ' EXHIBIT B CITY'S RESPONSmILITIES SCHEDULE m (Railroad Crossing) 1. Provide necessary information to the CONSULTANT as to the CITY'S requirements and assist the consultant in obtaining OOOTS requirements for the PROJECT. 2. Assist the CONSULTANT by placing at his disposal all reasonably available information and technical data pertinent to the PROJECT including previous reports and any other data relative to design and construction of the PROJECT. 3. Furnish to the CONSULTANT, prior to any performance by the CONSULTANT under the Agreement, a copy of any design and construction standards the CITY and OOOT will require the CONSULTANT to follow in the preparation of the contract documents. 4. Effect Advertisement for proposals from bidders, open the sealed proposals at the appointed time and place and pay for all costs iocident thereto (Advertisement and bid opening to be by OOOD. 5. Obtain approvals and permits from all goverrnnental authorities having jurisdiction over the PROJECT. 6. Give prompt ootice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect or delay in the PROJECT. 7. (Option B) If City provides inspection. a. Furnish the services of a Resident Inspector to provide contirmous inspection of the work of the CONTRACTOR during the period of construction. The Resident Inspector shall be experieoced in the type of work to be done to the em that competent inspection of materials am labor will be provided. The CONTRACTOR will keep and the Impector will check, all records, maps and plans necessary for the preparation of final record drawings. The Resident Inspector will verify monthly reports of construction progress and monthly estimates as the basis of payment to the CONTRACTOR as construction proceeds. b. Meet with representatives of local. State, and Federal ageocies when necessary for consultation or conferences in regard to construction of the PROJECT. c. Interpret the contract plans and specifications to determine construction compliance with the intent of the design. d. Review and approve shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the CONTRACTOR is required to provide. e. Arrange for, comuct, or witness, field, laboratory, or shop test of construction materials, as prescribed in the contract documents. Parr Road L.I.D. DE HAAS & ASSOCIATES, INC. ....."T.... ,. '''''~'-'''"'.'''''-'',",,~,,~,';;---'''''''''''''"''.'' IIIIIIlI f. Determire the suitability of on-site materials to be used in the construction g. Reject work aIXl materials that do not conform to the contract docwnents. h. Through a subconsultant, provide materials testing and compaction testing services. i. Detennire payments due the CONTRACTOR based on the extent of work completed and process same through OOOT. j. Review claims for extra compensation aIXl requests for extension of time submitted by the CONTRACTOR. Recommendations to ODOT for final disposition. k. Prepare such progress reports, submittals etc. as may be required by ODOT. I. Upon substantial completion of construction, conduct an investigation of the PROJECT with the CONSULTANT aIXl ODOT in preparing pmx:h lists of work to be dore to achieve final completion. m. Assist OOOT in negotiating final payment for construction. Docwnent proceedings of negotiations, if any, aIXl record basis for final payment. n. At the completion of the PROJECT, provide as-built information to the CONSULTANT for the CONSULTANT'S use in preparing Mylar as-built plans for submittal to the OOOT. 803SCPB2,D04 Parr Road L.I.D. DE HAAS & ASSOCIA rES, INC. ",..,......." .-,--..''',,'' ... ,,_.. , ' .....,. ","" " .~ """"'''-. EXHIBIT C STANDARD FEE SCHEDULE Parr Road LID & Railroad Crossing Listed hereinafter is a schedule of hourly rates for engineering and surveying services most frequently performed by DE HAAS & ASSOCIATES,INC. Principal Project Manager Project Engineer Landscape Architect Engineer Technician Design Draftsman Draftsman Inspector Clerical Survey Manager Survey Technician Party Chief Head Chaimnan Rear Chaimnan 2- Man Crew 3. Man Crew Mileage Prints Copies Fax Direct Expense $ 73.00 $ 61.00 $ 49.00 $ 49.00 $ 38.00 $ 40.00 $ 32.00 $ 38.00 $ 25.00 $ 49.00 $ 36.00 $ 44.00 $ 38.00 $ 26.00 $ 82.00 $ 108.00 $ 0.35 per mile $ 2.00 each $ 0.15 each $ 1. 00 page Cost + 5% Note: If work remains to be dore beyond December 31, 1997, the balance of the fees to be earned on each subsequent January I will be modified in accordaoce with the change in the Construction Cost Index of the Engineering News Record, a McGraw Hill Publication of nationwide circulation widely used in the construction industry for this purpose. The Construction Cost Irxlex used as a basis will be the irxlex figure existing on January I, 1997. STANDARD COMPENSATION ESTIMATE 1. Schedule la,lb and schedule II Contingeocy 5% (*) Sub Total $94,214.00 $4.710,70 $98,924.70 2. Schedule III Contingeocy 5 % (*) Sub Total $28,242.00 $1.412.10 $29,654.10 3. Optional Special Services Contingeocy 5% (*) Sub Total .$17,600 $880.00 $18,480.00 Total = $147,058.80 (*) The contingency fimds arxl Item 3, Special Services utilization needs City Engineers authorization due to scope of work change or because of cost increase due to project delay to next construction season, -.".----w-..'.....-...."."'.'.'..' --.-..,.-.-..'''..'''. ..