OBEC Consulting Engineers ~ C140058 Citi-of'Tigard
13125 SW Halt Blvd.
CONTRACT CHANGE ORDER/ Tigard,Oregon 97223
AMENDMENT 4 SummARY FORM Phone- (503) 639-4171
Fax-(503) 684-7297
Is I , w,,vw.ti ard-or.gov
Project Title: Main St. Construction Engineering Svs. Project Manager: Kim McMillan
OBEC Consulting Engineers Original Contract#: C140058
Effective Dates: March 5,2014 Chane Order/Amendment Amount: $0
Accounting String: 500-8000-56005-93011-130 Amendment Percentage Running Total: 0%
AMENDMENT DETAILS
Change in Effective Duration only
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$_
REASONING FOR CHANGE ORDER/AMENDMENT
Provide Construction Engineering Services in conjunction with newly-released construction contract.
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature S mature
5
Date Date
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Sig mature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed 25%of the original contract. Date
CITY OF TIGARD,OREGON
AMENDMENT TO ENGINEERING SERVICES AGREEMENT
MAIN STREET CONSTRUCTION ENGINEERING SERVICES
CONTRACT#C140058
AMENDMENT #1
THIS AGREEMENT, made and entered into this 5`h day of March, 2014, by and between the City of
Tigard, a municipal corporation, hereinafter referred to as the "City," and OBEC Consulting Engineers
whose authorized representative is Douglas Kirkpatrick, and having a principal being a registered engineer of
the State of Oregon,hereinafter referred to as the"Engineer."
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire,unless otherwise
terminated or extended,upon completion of the work or November 30,2014,
whichever comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
IN V ITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD OBE/C�CONSULTING ENGINEERS
Signat re Signatur
M Cif 1 L6AIJ 6L&Y [+a --
Printed Name Printed ame
17
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORMMUST ACCOMPANY EVER Y CONTRACT w L� /,
Contract Title: Main St Sewer/Fanno Crk CrossingElimination Number: V
Gatitraeter Consultant: OBEC Consulting Engineers Contract Total: $8,272.00
Contract Overview: Consultant shall peform site visits to provide consultation during construction
Consultant shallreview construction submittal drawings provide comments and
approvals.Consultant shall Respond to RFFs during construction and provide
written responses.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ®Low
Risk Reduction Steps: Consultant to inspect end panel unprovements during construction to ensure
compliance with the project design. Consultant shall provide assistance during
construction with hanging the water lune under the Main St bridge as needed
Engineer to review submittals and respond to RFIs regarding structural end panel
improvements and 1\fain St waterline itnprovements related to hanging waterline
from the bridge.
Risk Comments:
Risk Signature:
Contract Manager: Ium McMillan, P.E.,Asst. Cite Engineer Ext:2642 Department: PW Engineering
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Seivice ❑ Public Improvement
❑ IGA ® Other: Engineering Service Start Date: 3/17/14 End Date: 6 30 14
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
OBEC Consulting Engineers $8,272.00
g
Account String: Fund-Division-Account Work Order—Aetivi1y T3-pe Amount
Year 1 500-8000-5605 93011-500-140 $8,272.00
Approvals - LCRB Dater
Department Comments:
i
Department Signature: )
Purchasing Comments: [�
Purchasing Signature:
City Manager Co
Cit;'Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number
CITY OF TIGARD,OREGON
ENGINEERING SERVICES AGREEMENT
MAIN STREET CONSTRUCTION ENGINEERING SERVICES
THIS AGREEMENT,made and entered into this 5`h day of March,2014,by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and OBEC Consulting
Engineers, whose authorized representative is Douglas Kirkpatrick, and having a principal being a
registered engineer of the State of Oregon,hereinafter referred to as the "Engineer."
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for construction engineering services
for various project on Main Street;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 and shall expire, unless
otherwise terminated or extended,upon completion of the work or June 30,2014,whichever
comes first. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
3. Engineer's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit 1 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 Eight Thousand Two
Hundred Seventy Two and No/100 Dollars ($8,272.00) without prior written
authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the
Scope of Services to be provided by the Engineer and is not necessarily
related to the estimated construction cost of the Project. In the event that
the actual construction 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. Payment—General
1) Engineer shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) Engineer shall pay employees at least time and a half pay for all overtime
worked in excess of 40 hours in any one week except for individuals under
the contract who are excluded under ORS 653.010 to 653.261 or under 29
USC sections 201 to 209 from receiving overtime.
3) Engineer shall promptly, as due, make payment to any person, co-
partnership, association or corporation, furnishing medical, surgical and
hospital care or other needed care and attention incident to sickness or injury
to the employees of Engineer or all sums which Engineer agrees to pay for
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such services and all moneys and sums which Engineer collected or deducted
from the wages of employees pursuant to any law, contract or agreement for
the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
5) Engineer shall make payments promptly, as due, to all persons supplying
services or materials for work covered under this contract. Engineer shall
not permit any lien or claim to be filed or prosecuted against the City on any
account of any service or materials furnished.
6) If Engineer fails, neglects or refuses to make prompt payment of any claim
for labor, materials, or services furnished to Engineer, sub-consultant or
subcontractor by any person as such claim becomes due, City may pay such
claim and charge the amount of the payment against funds due or to become
due to the Engineer. The payment of the claim in this manner shall not
relieve Engineer or their surety from obligation with respect to any unpaid
claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Engineer; however,
the City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings as well as diskette in "DWG" or "DXF" format, of the
original drawings of the work. The City shall have unlimited authority to use the
materials received from the Engineer in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Engineer, of all of
its maps, records, laboratory tests, or other data pertinent to the work to be
performed by the Engineer pursuant to this Agreement, and also make available any
other maps, records, or other materials available to the City from any other public
agency or body.
C. The Engineer shall furnish to the City, copies of all maps, records, field notes, and
soil tests which were developed in the course of work for the City and for which
compensation has been received by the Engineer at no additional expense to the City
except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment shall be of any force or effect
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Engineer shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
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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 payments that City is required to make (to
Engineer or to a third party) as a result of said finding.
C. The undersigned Engineer hereby represents that no employee of the City or any
partnership or corporation in which a City employee has an interest, has or will
receive any remuneration of any description from the Engineer, either directly or
indirectly,in connection with the letting or performance of this Agreement,except as
specifically declared in writing.
D. If this payment is to be charged against Federal funds,Engineer certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Engineer and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or
more in the calendar year by any public employer participating in the Retirement
System.
F. Engineer shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end
of the calendar year.
G. Engineer is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
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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 agrees and shall indemnif 7,
de€end�, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, n2temte, ineltiding intentionai 2r, s
resulting from or arising out of thce 'vi 'es,of�ngine r i'tts�s�u�l ontractors, sub-3 �-4*
consultants, agents or employees in perfo� of this o ra t at bot trial and appeal
level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies.. If any aspect of this indemnity shall be found to
be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect
the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Engineer agrees and shall indemnify, , save and
hold harmless the City of Tigard, its officers, employees, agents, and representatives
from all claims, suits, or actions and all expenses incidental to the investigation and
defense thereof, arising out of the professional negligent acts, errors or omissions of
Engineer or its subcontractors, sub-consultants, agents or employees in performance of
professional services under this agreement. Any work by Engineer that results in a
design of a facility that is not readily accessible to and usable by individuals with
disabilities shall be considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Engineer, regardless of the type of claim made against the City in performance of this
contract. A claim for other than professional responsibility is c�m In e aV�4tbe�1_1
City in which the City's alleged liability results from an�ct o o" ssion by n_ eer
unrelated to the quality of professional services provided by Engineer in performance of
this contract.
8. Insurance
Engineer and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly or
indirectly out of Engineer's activities or work hereunder, including the operations of its
subcontractors of any tier. Such insurance shall include provisions that such insurance is
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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 lnjuiTand Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by an error,
omission or any negligent acts. Combined single limit per claim shall not be less than
$2,000,000, or the equivalent. Annual aggregate limit shall not be less than $3,000,000 and
filed on a"claims-made" form.
C. Commercial Automobile Insurance
Engineer shall also obtain, at Engineer's expense, and keep in effect during the 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$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers' Compensation Insurance
The Engineer, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Law and shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Engineers who perform work without the assistance or labor of any employee need
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not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers, employees, agents and representatives as additional
insureds with respect to this contract. Coverage will be endorsed to provide a"per project"
aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis,
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
such if less than 24 months. Engineer will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims-made" liability coverage
for 24 months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Raring
Coverage provided by the Engineer must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of"A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Engineer shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
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K. Primary Coverage Clarification
The parties agree that Engineer's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 Ste'Hall Blvd
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work.
The procuring of such required insurance shall not be construed to limit Engineer's liability
hereunder. Notwithstanding said insurance,Engineer shall be obligated for the total amount of
any damage,injury,or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Engineer. If City terminates the contract pursuant to this
paragraph,it shall pay Engineer for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to
Engineer, or at such later date as may be established by City, under any of the
following conditions:
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.
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3) If any license or certificate required by law or regulation to be held by
Engineer, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied, revoked, or not
renewed.
4) If Engineer becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Engineer,if a receiver or trustee is appointed
for Engineer, or if there is an assignment for the benefit of creditors of
Engineer.
Any such 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.
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12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery,mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payments, and other information:
CITY OF TIGARD OBEC CONSULTING ENGINEERS
Attn: Kim McMillan,PE Attn: Douglas Kirkpatrick,PE
Address: 13125 SV'Hall Blvd. Address: 3990 Fairview Industrial Dr SE Ste 200
Tigard,Oregon 97223 Salem OR 97302
Phone: (503) 718-2642 Phone: (503) 400-3275
Fax: (503) 624-0752 Fax:
Email: kim d rd-or. ov Email: dkirknatrickna obec.com
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to whom notices,bills and payments are to
be given by giving written notice pursuant to 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 requires that services provided pursuant to this agreement shall be provided to the
City by an Engineer, which does not represent clients on matters contrary to City interests.
Further, Engineer shall not engage services of an engineer and/or other professional who
individually, or through members of his/her same firm, represents clients on matters contrary
to City interests.
Should the Engineer represent clients on matters contrary to City interests or engage the
services of an engineer and/or other professional who individually, or through members of
his/her same 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 seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 10 (B-3) of this agreement.
15. Force Majeure
Neither City nor Engineer shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
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restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled shall
within ten days from the beginning of such delay,notify the other party in writing of the cause
of delay and its probable extent. Such notification shall not be the basis for a claim for
additional compensation. Each party shall, however,make all reasonable efforts to remove or
eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
16. Non-Discrimination
Engineer agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Engineer also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
17. Errors
Engineer shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of
Engineer to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Engineer thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Engineer shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,27913,and 279C.
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
pro posal conflicting herewith.
22. Access to Records
City shall have access to such books, documents, papers and records of Engineer as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
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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 pemiit City, the State of Oregon, the federal government, or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions shall
not be affected to the extent that it did not materially affect the intent of the parties when they
entered into the agreement.
25. Industrial Accident Fund Payment
Engineer shall pay any and all contributions or amount due the Industrial Accident Fund form
that Engineer or subcontractors incur during the performance of this Agreement.
26. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver,consent,modification,or change of terms of this Agreement shall bind either party
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made,shall be effective only in specific instances and for the specific purpose given. There are
no understandings, agreements, or representations, oral or written, not specified herein
regarding this Agreement. Engineer, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Engineer has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD OBEC CONSULTING ENGINEERS
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By: P r By
J"t :r� rized Contractor Representative
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Date Date
121Page
EXHIBIT A
SCOPE OF SERVICES
Project Background and Understanding
The City's contractor has installed water line up to the south end and the north end of the bridge.
The City would like Engineer to provide submittal review and answer RFI's related to the bridge end
panel work.
Scope of Work
Engineer shall provide the following tasks for construction related services for three projects on
Main Street in Tigard.
Task 1 —Project Management
The major objective of this task is to schedule, coordinate, supervise project work, and establish
lines of communications between the Engineer and the City. This task also includes all invoicing
and progress reports.
Task 2—Site Visits During Construction
Engineer shall perform up to two (2) site visits to provide consultation during construction of the
Project. The design consultation will occur only as requested by the City. Each visit is assumed to
take 6 hours including travel time and the timing of the visits will be based on requests from the city
to inspect specific items or to be present for specific work.
Deliverables:
• A brief write up of what the visit was for and comments on the work done by the contractor.
Task 3—Submittal Review
Engineer shall review construction submittals electronically. Engineer shall review submittal
drawings in a timely manner to avoid delay of the Construction Contractor's (CC) operations.
Submittal reviews will be performed and returned to the City within 5 business days.
This Agreement assumes there will be 8 submittal reviews with each taking 2 hours.
Deliverables:
• Submittal review,comments and approval.
Task 4—Respond to RFPs
Engineer shall respond to field inquiries (RFI's) during construction. Engineer shall provide written
responses to RFI's within 5 business days of request from the City.
This Agreement assumes that 5 RFPs will be submitted, and that an average of 1 hour each of
design engineering and field technician time will be utilized for each RFI.
Deliverables:
• Provide written responses to RFI's.
131Page
Estimated Fee
TASK DESCRIPTION PROJECT PROJECT FIELD ADMIN TOTAL
MGR ENG ENG
1 Project Managcment 4 4
2 Site Visits During Construction 12 12 24
3 Submittal Reviews s 16 4& 20
4 Respond to RFIs 5 5 2 12
Total Hours 4 33 17 '"!' 6 60
Hourl), Rates $166.36 $143.53 $143.53 $71.63
Total Labor Estimate $665 $4,736 $2,440 $430 $8,272
Total Expense Estimate
, r 'Total Project Estimate $8,272
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