Group MacKenzie ~ File No. 0317 „
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
79TH AVENUE LID-FILE No. 0317
THIS AGREEMENT, made and entered into this 22nd day of April, 2005, by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City,” and Group Mackenzie, 0690
SW Bancroft St, PO Box 69039, Portland, OR 97239-0039, whose authorized representative is
Matthew Butts, PE,Director of Civil and Traffic Engineering, and having a principal being a registered
engineer of the.State of Oregon,hereinafter referred'.to as the "Engineer."
RECITALS
WHEREAS, the City's Fiscal Year 2004-2005 budget provides for the design and construction of 79th
Avenue LID; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the public works improvement program of the City; and
WHEREAS, the City desires to engage the Engineer to render professional engineering services for
the project described in this Agreement, and the Engineer is willing and qualified to perform such
services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby
agree as follows:
1. Engineer's Scope of Services
The Engineer shall perform professional engineering services relevant to. the Project in
accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which
is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution by the_City's Local Contract
Review Board, and shall expire, unless otherwise terminated or extended, on completion of the
work or June 30, 2005. All work under this Agreement shall be completed prior to the
expiration of this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in-Exhibit I of this Agreement,
and for services required in the fulfillment of Paragraph 1, the Engineer shall be
paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this
agreement, which shall constitute full and complete payment for said services
and all expenditures which may be made and expenses incurred, except as
otherwise expressly provided in this Agreement. The Basic Fee shall not exceed
the amount of ten thousand dollars ($!Q&00)without prior written authorization.
2) The parties hereto do expressly agree.that the Basic Fee is based upon the Scope
of Services to be provided by the Engineer and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual
Engineering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 1 of 12
f
construction cost differs from the estimated construction cost, the Engineer's
compensation will not be adjusted unless the Scope of Services to be provided
by the Engineer changes and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall,be submitted by the Engineer periodically, but not more frequently than monthly.
Payment by the City shall,release the City from any further obligation for payment to
the engineer for service or services'performed or expenses,incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as.of
the date of invoice. Payment shall not be considered acceptance or approval of any
work or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Engineer shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as
described in Exhibit 1 of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Engineer shall furnish certified cost records for all billings pertaining to other than,
lump'sum fees to substantiate all charges. For such purposes, the books of account of
the Engineer shall be subject to audit by the City. The Engineer shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Engineer shall furnish to the City its employer..identification number, as designated
by the Internal Revenue Service, or social security number, as the City deems
applicable.
F. Pay_ ment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees,at least time and a half pay for all overtime
worked'in excess of 40 hours in any-one week except for individuals under the
contract who are excluded under ORS 653.01.0 to 653.261 or under, 29 USC
sections 201 to 209 from receiving overtime.
3) Engineer shall promptly, as due,,make payment to any person,:co-partnership,
association or corporation, furnishing medical, surgical and hospital care or
other needed care and attention incident to sickness,or injury to the employees of
Engineer or all sums which Engineer agrees to pay for,such services and all
moneys. and' sums which Engineer collected or deducted from the wages of
employees pursuant to any law, .contract or agreement for the purpose of
providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall not
Engineering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 2 of 12
permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim for
labor, materials, or services famished to .Engineer, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge.the amount of the payment against funds due or to become due
to the Engineer. The payment of,the claim in this manner shall not relieve
Engineer or their surety from obligation with respect to any unpaid claims.
4. Ownership of Plans and Documents: Records
A. The City shall make copies, for the use of and without cost to the Engineer, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Engineer pursuant to this Agreement, and also make available any other maps,
records, or other materials available to the City from any other public agency or body.
B. The Engineer shall furnish to the City, copies of all maps, records, field notes, and soil
tests which were developed in the course of work for the City and for which
compensation has been received by the Engineer at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assienment/Deleaation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
unless and until the other party has so consented. If City agrees to assignment of tasks to a
subcontract,Engineer shall be fully responsible for the acts or omissions of any subcontractors and
of all persons employed by them, and neither the approval by City of any subcontractor nor
anything contained 'herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. Engineer is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Engineer's work product is satisfactory and consistent with this agreement, but
Engineer is not subject to the direction and control of the City. Engineer shall be an
independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Engineer is an independent. contractor and not an employee of City. Engineer
acknowledges Engineer's status as an independent contractor and acknowledges that
Engineer is not an employee.of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Engineer to
provide :services under this contract are employees of Engineer and not of City.
Engineer acknowledges that it is not entitled to benefits of any kind to which a City
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law.
Furthermore, in the event that Engineer is found by a court of law or an administrative
agency to be an.employee of the City for any purpose, City shall be entitled to offset
compensation due, or to demand repayment of any amounts paid to Engineer under the
terms of the agreement,to the full extent of any benefits or other remuneration Engineer
receives (from City or third party) as a result of said finding and to the full extent of any
En�gineenng Services:Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 3 of 12
payments that City is required to make (to Engineer or to a third party) as a result of
said finding.
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will receive
any remuneration of any description from the Engineer, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year byany public employer participating in the Retirement System.
F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior
to delivering services under this Agreement:
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training.of the Engineer as a
material inducement to enter into this Agreement. Engineer represents to the City that
the work under this contract will be performed- in accordance with the professional
standards of skill and care ordinarily exercised by members of the engineering
profession under similar conditions and circumstances as well as. the requirements of
applicable federal, state .and local laws, it being understood that acceptance of an
Engineer's work by the City shall not operate as a waiver or release. Acceptance of
documents, by City does not relieve Engineer of any responsibility for design
deficiencies, errors or,omissions.
B. Claims for other than Professional Liability. Engineer shall defend, save and hold
harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or
actions and all expenses :incidental to the investigation and .defense thereof, of
whatsoever nature, including intentional acts to the extent they result from or arising out
of the activities of Engineer,or its subcontractors; sub-consultants,;agents or employees
under this contract. If anyaspect of this indemnity,shall be found to be illegal or invalid
for:any reason whatsoever, such illegality or invalidity shall not affect the validity of the
remainder lof this indemnification
G Claims for Professional Liability. Engineer shall.defend, save and hold harmless the
City of Tigard, its officers, agents, and employees from all claims, suits, or actions and
all expenses incidental to the investigation and defense thereof, arising out of the
professional negligent acts, errors or omissions of Engineer or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this
agreement.
Engineering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 4 of 12
D. As used in subsections B and C of this section, a claim for professional responsibility is
a claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Engineer, regardless of the type of claim made against the City. A claim for other than
professional responsibility is a claim made against the City in which the City's alleged
liability results from an .act or omission by Engineer unrelated to the quality of
professional services provided by Engineer.
8. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover all risks arising directly
or indirectly out of Engineer's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
primary insurance with respect to the interests of City and that any other insurance maintained
by City is excess and not contributory insurance with the insurance required hereunder.
The policy or policies of insurance maintained by the Engineer and its subcontractors shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage
shall include Contractual Liability insurance for the indemnity provided under this
contract. The following insurance will be carried:
Coverage Limit
General Aggregate $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
Medical Expense (Any one person) 5,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract,_ Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. Combined single limit per occurrence shall not be less
than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than
$2,000,000 and filed ona,"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain,.at architect's expense, and keep in effect during the term of
the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile
Liability coverage on an "occurrence" form including coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less
than$1,000,000.
E?pineering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 5 of 12
D. Workers' Compensation Insurance
The Engineer, its subcontractors, if any, and all employers providing work, labor or
materials under this .Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, -which requires them to
provide workers' compensation coverage that satisfies Oregon law, for all their subject
workers. , Out-of-state employers must provide Oregon workers' compensation
coverage for their workers who work at a single location within Oregon formore than
30 days in a calendar year. Engineers who perform work without the assistance or labor
of any, employee need not obtain such coverage. This shall include Employer's
Liability Insurance with coverage limits of not less than$100,000 each accident.
E. Additional Insured Provision
The Commercial General Liability Insurance Policy and other policies the City deems
necessary shall include the City its officers, directors, and employees as additional
insureds with'respect to this contract. Coverage will be endorsed to provide a per
project aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims made" basis,
Extended Reporting coverage will be required at the completion of this contract to a
duration of 24 months or the maximum time period the Engineer's insurer will provide
sucht if less than 24 months. Engineer will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims made" liability
coverage for 24 months following contract completion. Continuous "claims made"
coverage will be acceptable in lieu of Extended Reporting coverage, provided its
retroactive date is on or before-the effective date of this contract. Coverage will be
endorsed to provide a per project aggregate.
G. Notice of Cancellation
There shall be no cancellation, material change, exhaustion of aggregate limits or intent
not to renew insurance coverage without 30 days written notice to the City. Any failure
to comply with this provision will not affect the insurance coverage provided to the
City. The 30 days notice of cancellation provision shall be physically endorsed on to
the policy.
H. Insurance Carrier Rating
Coverage provided by the Engineer must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s)with an unacceptable financial rating.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Engineer shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City. The certificate will
specify and;document all provisions within this contract. A renewal certificate will be
sent to the address below ten days prior to coverage expiration.
J. Primary Coverage Clarification
EnRineedng Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 6 of 12
The parties agree that Engineer's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
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 contract.
Engineer's insurance policy shall contain provisions that such policies shall not be canceled or
their limits of liability reduced without 30 days prior notice to City. A copy of each insurance
policy, certified as a true copy by an authorized representative of the issuing insurance
company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City
certifying to the issuance of such insurance shall be forwarded to:
Vannie T. Nguyen, P.E.
City of Tigard Business Phone: 503-639-4171, Ext. 2460
13125 SW Hall Blvd. Business Fax: 503-624-0752
Tigard, Oregon 97223 Email Address: vannie@ci.tigard.or.us
Such policies or certificates must be delivered prior to commencement of the work. Thirty
days cancellation notice shall be provided City by certified mail to the name at the address
listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of
any damage, injury, or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause.
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this
paragraph, it shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City,under any of the following
conditions:
1) If City fixnding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity
of services. This Agreement may be modified to accommodate a reduction in
funds.
2) If Federal or State regulations or guidelines are modified, changed, or
interpreted in such a way that the services are no longer allowable or appropriate
for purchase under this Agreement.
3) If any license or certificate required by law or regulation to be held by Engineer,
its subcontractors,agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
Engineering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 7 of 12
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed
for Engineer,or if there is an assignment for the benefit of creditors of Engineer.
Any such termination of this agreement under paragraph (A) shall be without prejudice
to any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Engineer, may
terminate the whole or any part of this Agreement:
1) If Engineer fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Engineer fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in
accordance with its terms, and after receipt of written notice from City, fails to
correct such failures within ten days or such other period as City may authorize.
3) If Engineer fails to eliminate a conflict as described in Section 14 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults(including
breach of contract) by Engineer shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), 'Engineer.shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Engineer bear to the total services otherwise required
to be performed for such total fee; provided, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Engineer. Damages for breach of contract shall be those allowed by Oregon law,
reasonable and necessary attorney fees, and.other costs of litigation,at trial and upon
appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Engineer of any of the terms of
this Agreement or to exercise any rights hereunder, should' not be construed as a waiver or
relinquishment to any extent of its rights to assert or,rely upon such terms or rights on any future
occasion.
12. Method and:Place of Giving Notice, Submitting Bills and Making Payments
All notices,!bills and,payments shall be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail,or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments,and other information:
Elneering Services Agreement—Group Mackenzie
79 Avenue LID Support—File No.0317 Page 8 of 12
CITY OF TIGARD
Vannie T.Nguyen;P.E. Business Phone: 503-639-4171 ext. 2470
13125 SW Hall Blvd. Business Fax: 503-624-0752
Tigard,Oregon 97.223 Email Address: vannie@ci.tigard.or.us
CONTRACTOR
Group Mackenzie Business Phone: 503-224-9560
0690 SW Bancroft Business Fax; 503-228-1285
Portland, OR 97239 Email Address: mbutts@grpmack.com
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be
made.in the names and addresses of the person to whom notices, bills and payments are to be
given bygiving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
writing and signed by both parties.
14. Professional-Services
The City require&that services provided pursuant to this agreement shall be provided to the City
by an Engineer, which does not represent clients on matters contrary to City interests. Further,
Engineer shall not engage services of an engineer and/or other professional who individually, or
through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the.services
of an engineer and/or other professional who individually, or through members of his/her same
firm, represents clients on matters contrary to City interests, Engineer shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Engineer shall have ten days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10(B -3)of this agreement.
15. Force Maieure
Neither City nor Engineer shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, an act of God or of a public
enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide
strike; freight embargo, unusually severe weather .or delay of subcontractor or supplies due to
such cause; provided that the parties so disenabled shall within ten days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall,
however,make all reasonable efforts to remove or eliminate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
Engineering Services Agreement—Group Mackenzie
79 Avenue,LID Support—File No.0317 Page 9 of 12
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues,rules,and regulations. Engineer also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra(Changes)Work:
Only the CII' Engineering Manager may authorize extra (and/or change) work. Failure of
Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment
in the contract price or contract time due to such unauthorized extra work and-Engineer thereafter
shall be entitled to no compensation whatsoever for the performance of such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law 1
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in DRS 279.310 to 279.322.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
22. Access to Records
.City shallhave access to such books, documents, papers and records of Engineer as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and
transcripts.
23. Audit
Engineer shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within'the contract
period. Engineer agrees to permit.City,the State of Oregon,the federal government,or their duly
authorized representatives to audit all records pertaining to this'Agreement to assure the accurate
expenditure of funds.
24. Severability '
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by
any court of competent jurisdiction, the validity of the-remaining terms and provisions shall not
be affected to the extent that it did not materially affect the intent of the parties when they entered
into the agreement.
EnRlneering Services Agreement—Group Mackenzie
rt—File No.0317 Pae 10 of 12
79 Avenue LID Support— g
25. Comi tete Agreement
This Agreement and attached exhibit(s) constitutes the entire Agreement between the parties. No
waiver,consent,modification,or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made,
shall be effective only in specific instances and for the specific purpose given. There are no
understandings, agreements,or representations, oral or written,not specified herein regarding this
Agreement. Engineer,by the signature of its authorized representative,hereby acknowledges that
he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Engineer has executed this Agreement on the date hereinabove first written.
ENGINEER
By:
6fLo WP �AGI�C r•jZ E
Print Firm's Name
11^-r 146d 4 5LJTTS , LAP-er-to(L of CIVI ENG��•lEc'R.�.-►4
Print Name&Title of En ' eer's Authorized Representative
.¢ •2a •os
Signature o Firm's Representative Date
CITY OF TIGARD
By: Lwnfazm�� / Z touS—
Vannie T.Ngu .E.,City Engineer Dat
By: V 2 kw ss
Agustin P.Duen . .,City Engineer Date
A
By:
Craig P ser,Interim City Manager Date
Enpineering Services Agreement-Group Mackenzie
79 Avenue LID Support-File No.0317 Page 11 of 12
f
EXHIBIT 1
Scope of Services
Services will be as outlined in the attached proposal dated April 13, 2005 (revised April 20,2005).
Enpineedng Services Agreement—Group Mackenzie
79 Avenue LID Support—File,No.0317 Page 12 of 12
GR D � � (
. APR 2 2 2005
on
CITY OF TIGARD
April 13, 2005 (revised April 20,2005)
City of Tigard
Attention: Vannie Nguyen
13125 Hall Blvd
Tigard,OR 97223
A�
Re: Tigard—79t" eet LID Support
Project Number 2050001.PI
M Dear Ms. Nguyen:
O N_
O
Pw
tn N Group Mackenzie is pleased to provide the following scope of services and fee proposal to
support the City of Tigard in your efforts to support the local improvement district formation
Ln
o ;i process for 79`l' Street south of Bonita Road.
C w
It is our understanding that the City of Tigard previously employed a consultant team
;; (Century West Engineers) who prepared construction documents in 2001 for the stretch
Ebetween Bonita and Durham Roads.Within this phase,the City will provide design services
m and plans for construction under the direction of an in-house professional engineer. In
i general, the City is requesting a scope of services to encompass the public involvement
Aprocess,LID assessment methodologies, and a third-party technical review.
3
The following outlines our proposed scope and fee to provide these services:
o 'o
In
u`
CD N 1. Public Involvement Process:
3 cn m a. Review City of Tigard Municipal Code for requirements.
o.o b. Review City-provided materials for presentations.
m
H C. Identify public involvement strategy overall and review prior to public meetings
(including up to four meetings with City staff).
d. Facilitate up to three public meetings in locations as provided by the City and to
Group land owners as contacted and invited by the City.
Mackenzie, e. Attend and present,if needed,to City Council at the required public hearing prior
Incorporated to LID formation.
Architecture Fee Estimate: $6,500
Interiors
Land Use Planning 2. LID Assessment Methodology:
Group a. Meet with City staff to review assessment options(one meeting).
Mackenzie b. Provide up to five assessment options,along with a specific recommendation for
Engineering, approval by the City.
Incorporated
C. Finalize the selected assessment methodology and prepare information and data
Civil/Structural
Engineering (as based on a City-provided overall,detailed cost estimate)for use as described
Transportation
by Municipal Code Section 13.09.030(4).
Planning Fee Estimate: $1,800
Locations:
Portland,Oregon
Tacoma,Washington K:\MARKETING\Mktg Proposals\2050001 Pcrtland\WP&Gen Mktg\PI Tigard 79th-R.doc
Vancouver,Washington
City of Tigard
Tigard—79th Street LID Support
Project Number 2050001.1`I
April 13, 2005 (revised April 20, 2005)
Page 2
3. Technical Peer Review Assistance:
a. Provide technical engineering review and written comments on final plans for
City consideration,based on a set of plans and specifications,as provided by the
City.
Fee Estimate: $1,200
This scope assumes no appeals or meetings beyond those specifically listed above,and that
the scope ends with the initial City Council meeting on or around July 20, 2005. It also
assumes no technical review of environmental issues. All design work will remain the
responsibility of the City of Tigard,and our assumptions include no services under this scope
will require stamping of documents by a professional engineer. Our services toward public
involvement and facilitation will utilize Zenn and Associates,a Portland public involvement
firm, as a subconsultant.
Our proposed total fee is $9;500, which will be billed on an hourly, not-to-exceed basis.
Reimbursable expenses(fax,copies,etc.).are in addition to this fee and are estimated at$400.
If this proposal is acceptable,we will prepare a contract for your approval.We look forward
to working with you on this project. Please call if you have any questions.
Sincerely,
Matthe Butts,PE
Director of Civil and Traffic Engineering
MWB/mpd
K:\MARKETING\Mktg Proposals\2050001 Portland\WP&Gen Mktg\Pi Tigard 79th-R.doc
MARSH CERTIFICATE G_ INSURANCE CERTIFICATE NUMBER
SEA-000855591-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
111 SW COLUMBIA,STE 500 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
PORTLAND,OR 97201 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn:Pat Allen (503)248-6525 COMPANIES AFFORDING COVERAGE
COMPANY
12905--5 mil- A AMERICAN ECONOMY INSURANCE CO
INSURED COMPANY
GROUP MACKENZIE B ACE AMERICAN INSURANCE COMPANY
0690 SW BANCROFT
PORTLAND,OR 97239 COMPANY
C
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously Issued certificate for the palfcy period noted below. 1
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDDIYY) DATE(MMIUDIYY)
GENERAL LIABILITY
GENERAL AGGREGATE $
COMMERCIAL GENERAL LIABILITY
PRODUCTS-COMP/OP AGG $
CLAIMS MADE 1-1 OCCUR PERSONAL 8 ADV INJURY $
OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE(Any one fire) $
MED EXP(Any oneperson) $
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO p
ALL OWNED AUTOS MAY a 4 2005 BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS CITY F TIGARD BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND XTORY LIMITS OTH
ER
EMPLOYERS'LIABILITY
A 02WC52408321 08/22/04 08/22/05 EL EACH ACCIDENT $ 1,000,000
THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000
OTHER
B PROFESSIONAL LIABILITY EON G21657281 001 08/22/04 08/22/05 $5,000,000 LIMIT CLAIM
"CLAIMS MADE" $5,000,000 AGGREGATE
$50,000 DEDUCTIBLE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLPSISPECIAL ITEMS
RE: JOB#2050159-79TH AVE.LID
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_p DAYS WRITTEN NOTICE TO THE
CITY OF TIGARD CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
ATTN: DIANE JELDERKS
13125 SW HALL BLVD. LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE
TIGARD,OR 97223 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Ron S.Bennett
MM1(3l02) VALID AS OF: 05/02/05
ACORDCERTII=ICt -E OF LIABILITY INSUR. JCE DATE(MWDD"
"' 05/02/2005
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Marsh Advantage America Phone: 503-248-6400 ONLY AND CONFERS .NO RIGHTS' UPON THE CERTIFICATE
111 s.w. Columbia, suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Portland, OR US 97201-5897 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Marsh Advantage America is a service of seabury & smith, Inc.
INSURERS AFFORDING COVERAGE
INSURED INSURERA: Hartford Fire Insurance Co.
Group Mackenzie Engineering, Inc. INSURER B:
0690 sw Bancroft street _
Portland, OR, 97201-0039 INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW.HAVE BEERISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE',BEEN REDUCED BY PAID CLAIMS.
INSIRPOLICY EFFECTIVE POLICY EXPIRATION
LTIR TYPE OF INSURANCE POLICY NUMBER DATE DD DATE M/DD LIMITS
A GENERAL LIABILITY 21SBQBQ3985 10/22/2004 08/22/2005 EACH OCCURRENCE $ 1,000,000
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000
CLAIMS MADE.F OCCUR MED EXP(Any one person) $ 10,000
ISTOP GAP LIABILITY PERSONAL&ADV INJURY $_ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000
X I POLICY PROT LOC
A AUTOMOBILE LIABILITY 21SBQBQ3985 10/22/2004 08/22/2005 COMBINED SINGLE LIMIT
$ 1,000,000
ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR F—I CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- _ OTH-
EMPLOYERS'LIABILITY TORY LIMITS ER
E.L.EACH ACCIDENT $
E.L.DISEASE-E4 EMPLOYEE $
E.L.DISEASE-POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
JOB #2050159 - 79TH AVE. LID. THE CITY OF TIGARD, ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE PRIMARY ADDITIONAL INSUREDS.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE_INSURER WILL ENDEAVOR TO MAIL I0_ DAYS WRITTEN
CITY OF TIGARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
ATTN: DIANE JELDERKS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
13125 SW HALL BLVD.
TIGARD,OR 97223 REPRESENTATIVES.
Marsh Ad ntage a a service se smi
[BY:
ACORD 25-S(7/97) 0 ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A .statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain. policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S(7/97)