Consor North America Inc ~ 32500049
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500049
Contract Start Date: 1/1/2025 Contract End Date: 12/31/2025
Contract Title: Water System DRC Service
Contractor Name: Consor North America, Inc
Contract Manager: Rob Murchison
Department: PW
Contract Costs
Original Contract Amount: $215,000
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $215,000
Procurement Authority
Contract Type: Personal Services
Procurement Type: PCR 70.016.C Informal Selection (A&E)
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 25 5306500-54001 $107,500
FY 26 5306500-54001 $107,500
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Roll any amounts into next FY.
DocuSign Routing
Route for Signature Name Email Address
Contractor Lael Alderman Lael.Alderman@consoreng.com
City of Tigard Steve Rymer stever@tigard-or.gov
Final Distribution
Contractor Bart Stepp Bart.Stepp@consoreng.com
Project Manager Rob Murchison robm@tigard-or.gov
Project Manager Joseph Barret Joseph@tigard-or.gov
Buyer Rosie McGown Rosie.mcgown@tigard-or.gov
Contract Number 32500049
CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
WATER SYSTEM DRC SERVICES
THIS AGREEMENT made and entered into this 1st day of January 2025 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Consor North
America, Inc., hereinafter called Contractor.
RECITALS
WHEREAS, the City’s 2025 fiscal year budget provides for engineering services related to the City
of Tigard water system operations; and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge,
and experience possessed by Contractor, and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require, under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of City’s notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A, incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on December 31, 2025,
unless otherwise terminated or extended. All work under this Agreement must be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed Two Hundred Fifteen
Thousand and No/100 Dollars ($215,000.00). Payments made to Contractor will be based
upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor, with the exception of expenses, if any, identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor’s invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
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D. 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.
E. 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.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. 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.
I. 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.
J. 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.
K. Contractor must obtain, prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar year
with a December 31st expiration date. New businesses operating in Tigard after June 30th
of the current year will pay a pro-rated fee though the end of the calendar year.
L. 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 WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
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5. ASSIGNMENT/DELEGATION
Neither party 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
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 their
normal charge for the type of service provided.
8. INDEMNIFICATION
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.
To the extend allowed by law, Contractor agrees to indemnify and defend the City, its officers,
employees, agents, and representatives and hold them harmless from any and all liability,
claims, losses, and damages, that may be asserted by any person or entity to the extent such
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liability, claims, losses, and damages arise from the fault of Contractor. Relative to professional
services, Contractor’s duty to defend is limited to reimbursement of reasonable legal costs
should Contractor be found liable by adjudication or alternative dispute resolution or
otherwise resolve by settlement agreement. In no event shall defense costs charged to the
Contractor exceed Contractor’s proportionate percentage of fault. Such indemnification will
also cover claims brought against the City under state or federal worker’s compensation laws.
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.
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 $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
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 $1,000,000, or the equivalent.
Annual aggregate limit may not be less than $1,000,000 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
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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.
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. 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.
G. 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.
H. 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
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.
I. 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.
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J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability 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
contractspurchasing@tigard-or.gov
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 CONSOR NORTH AMERICA, INC
Attn: Rob Murchison Attn: Bart Stepp
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Address: One SW Columbia St, Suite 1700
Portland, OR 97204
Phone: (503) 718-2699 Phone: (503) 714-3187
Email: robm@tigard-or.gov Email: Bart.Stepp@consoreng.com
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
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
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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 WITH 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.
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
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by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial
and upon appeal.
15. REMEDIES
Any violation or default entitles the City to terminate this Agreement, to pursue and recover
any and all damages that arise from the breach and the termination of this Agreement, and
to pursue any or all of the remedies available under this Agreement, at law, or in equity,
including but not limited to:
1) Termination of this Agreement, in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Contractor, in an amount equal to City’s setoff right, including but not limited to City’s cost
to cure; and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief.
16. 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.
17. 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 Sheets, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary, an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
18. 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, notify 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.
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19. 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.
20. HOURS OF LABOR, PAY EQUITY
In accordance with ORS 279B.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.
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.
21. 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
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
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22. 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.
23. EXTRA (CHANGES) WORK
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
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.
24. STANDARD OF CARE
Contractor will perform all work under this Agreement with the care and skill used by
members of Contractor’s profession practicing under similar circumstances at the same time
and in the same locale (the “Standard of Care”). Should Contractor not meet the Standard of
Care, it will correct its work at its cost.
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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
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30. 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
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and, if negotiations fail, may terminate the Agreement.
31. 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 their
duly authorized officials.
CITY OF TIGARD CONSOR NORTH AMERICA, INC
By: __________________________________
By: __________________________________
Name: _______________________________
Name: _______________________________
Title: ________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
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1/27/2025
Vice President, Water
Lael Aldermen
1/27/2025
Steve Rymer
City Manager
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EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
The City owns and operates a water system that provides water to most of the City of Tigard along
with the Cities of Durham and King City and portions of unincorporated Washington County. The
size of the water system requires the City to have a certified Level 4 Water Distribution Operator
(WD4) as the Direct Responsible Charge (DRC) Operator to comply with Oregon Health Authority
(OHA) Drinking Water Program regulations. The City does not have a WD4 on staff that is available
to serve as the DRC. The Contractor employs a WD4 operator, that can act as the DRC for the City
as a contract operator.
DESCRIPTION OF SERVICES
The DRC services to be performed by Contractor under this agreement are as follows:
1. General Direct Responsible Charge (DRC) Services - Provide on-call services to the City as
needed to fulfill the DRC duties required by the OHA. Under Oregon Administrative Rule
(OAR) 333-061-0230 water suppliers are allowed to contract with a certified operator to
provide services. Under OAR 333-061-0230(3) written contracts for operators designated in
direct responsible charge of a water system must:
a. Require the operator to be available on call 24 hours a day and able to respond on-
site, to the water system, upon request; and
b. Specify that the operator will take corrective action when the results of analyses or
measurements indicate maximum contaminant levels have been exceeded or minimum
treatment levels are not maintained.
2. DRC Services that the Contractor will provide to the City may include:
a. Attending staff meetings (virtual and in person) and getting to know City staff that
work on the water system.
b. Reviewing water system plans and visiting all visible water system facilities at least
once. This includes reservoirs, booster pump stations, ASR wells, sampling stations,
and water sources.
c. Obtaining online access to the City’s SCADA system and reviewing system operations
at least once a day Monday – Friday. The Contractor would have visual access to the
SCADA system only. If the Contractor thinks modifications to water system
operations are needed based on SCADA system information the Contractor will
contact and discuss it with City Staff. City staff would implement any operational
changes that are decided upon in concurrence by the Contractor and City Staff.
d. Observing water system staff in operation on an as needed basis.
e. Observing operational and maintenance activities to ensure the City provides potable
water that meets all OHA and Environmental Protection Agency (EPA) regulations.
f. Responding to emergency operations like water main breaks via the phone or on-site
visits.
g. Reviewing and approving the annual Consumer Confidence Report before it is
published.
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h. Reviewing and approving any required submittals to OHA prior to them being
delivered.
i. Reviewing engineering plans of new developments and water system projects related
to the operation and maintenance impacts of the water system.
j. Reviewing standard operating procedures (SOP) for the water system and modifying
the SOPs with City Staff assistance, if needed.
k. Reviewing and/or participating in the safety training being completed by water system
staff.
l. Communicating with OHA on water quality or quantity issues that could result in
water system violations that require public notification.
m. Communicating with the public and/or elected officials as requested by the City.
n. E-mailing City Staff every Friday the number of hours worked and the charged
expenses for that week by the Contractor.
3. Project-Specific Services – The City may ask the Contractor to provide additional services that
may include special water system work or additional engineering services beyond the services
required to be the DRC for the City. The Contractor will provide a registered engineer in
Oregon in addition to being a WD4 operator. If requested by the City, the Contractor agrees
to perform the additional services that cannot be fully described at this time. Such services
may include, but are not limited to: system and facility planning studies; capital improvement
planning; grant and/or loan applications and administration; field investigations; special
technical studies; construction administration/management; construction inspection;
operations consultations. The Contractor will provide a written scope and fee proposal for all
project-specific services and will not proceed with any of these services without written
authorization of the City.
4. Project Management – Contractor will prepare monthly invoices, including expenditures by
task, hours worked by project personnel, and other direct expenses with the associated backup
documentation. Monthly status reports will accompany each invoice and include comparisons
of monthly expenditures and cumulative charges to budget by Task.
5. Standard of Practice — In the performance of DRC services, the Contractor will use that
degree of care and skill ordinarily exercised under similar circumstances by other Water
Distribution 4 Operators practicing in the same or similar locations and no other warranties,
expressed or implied, are made or intended in any of the Contractor’s proposals, contracts, or
reports.
Assumptions:
This scope of work is based on the following assumptions:
1. The expected hours of DRC Services in January and February 2025, will be 10 - 20 hours a
week as Mr. Stepp gains knowledge of the system. After February 2025, expected DRC
Services hours are 8 - 12 hours a week. Project-specific services requested by the City would
be additional hours.
2. Every site visit by the Contractor will include mileage expense for 72 miles and travel time
charged to the project at the standard federally allowed mileage rate.
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Water System DRC Services 32500049
SCHEDULE MILESTONES
City and Contractor anticipate Notice to Proceed by January 6, 2025. Project will be completed no
later than December 31,2025.
COST/RATE ESTIMATES
Contractor will perform this work on a time and expenses basis with a total not to exceed amount of
$215,000.00 for the calendar year 2025, which includes DRC Services, Project Specific Services, and
project management.
“Attachment A” provides Contractor’s standard 2025 labor rates. The Contractor proposes to provide
staff at a billing classification is Professional Engineer IX.
Docusign Envelope ID: 3708EFCA-010F-420D-97F4-63042D8321AA
Personnel:
Billing Classifications Rates Billing Classifications Rates
Principal Engineer VI $362 Construction Manager X $313
Principal Engineer V $338 Construction Manager IX $292
Principal Engineer IV $320 Construction Manager VIII $276
Principal Engineer III $300 Construction Manager VII $267
Principal Engineer II $284 Construction Manager VI $248
Principal Engineer I $271 Construction Manager V $228
Professional Engineer IX $265 Construction Manager IV $216
Engineering Designer IX $255 Construction Manager III $197
Professional Engineer VIII $252 Construction Manager II $182
Engineering Designer VIII $240 Construction Manager I $162
Professional Engineer VII $238 Construction Coordinator V $210
Engineering Designer VII $230 Construction Coordinator IV $190
Professional Engineer VI $227 Construction Coordinator III $177
Engineering Designer VI $218 Construction Coordinator II $158
Professional Engineer V $214 Construction Coordinator I $141
Engineering Designer V $205 Construction Admin Specialist IV $194
Professional Engineer IV $202 Construction Admin Specialist III $174
Engineering Designer IV $202 Construction Admin Specialist II $151
Professional Engineer III $195 Construction Admin Specialist I $128
Engineering Designer III $195 Inspector VII $228
Engineering Designer II $180 Inspector VI $210
Engineering Designer I $166 Inspector V $190
Principal III $366 Inspector IV $177
Principal II $320 Inspector III $158
Principal I $282 Inspector II $141
Project Manager IV $273 Inspector I $122
Project Manager III $260 Technician IV $194
Project Manager II $232 Technician III $174
Project Manager I $203 Technician II $151
Cost Estimator III $305 Technician I $128
Cost Estimator II $244 Project Coordinator IV $183
Cost Estimator I $183 Project Coordinator III $170
Quality Control Compliance Specialist $190 Project Coordinator II $152
Project Coordinator I $134
Administrative III $134
Administrative II $124
Administrative I $109
Project Expenses:
CADD Hardware/Software $18.00/hour
Modeling and GIS Hardware/Software $10.00/hour
Mileage Current IRS Rate
Postage and Delivery Services At Cost
Printing and Reproduction At Cost
Travel, Lodging, and Subsistence At Cost
Outside Services:
2025 SCHEDULE OF CHARGES
Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2025 through
December 31, 2025. After this period, the rates are subject to adjustment.
Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the
following:
Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and
overhead.
2025 W OR/SW WA Confidential
Attachment A
Docusign Envelope ID: 3708EFCA-010F-420D-97F4-63042D8321AA