AKS Engineering And Forestry ~ C170014 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(TMS FORM MUS T ACCOMPANY EVERY CONTRA CT)
Contract Title: Urban Lofts Survey Number: COX/
/
Contractor: Engineering and Forestry Contract Total: X10,900
Contract Orerv'iew Perform surrey on three properties for the Downtown Urban Lofts project
Initial Risk Level: ❑ Extreine ❑ High ❑ Moderate Q Low-
Risk Reduction Steps:
Risk Cotntnent..:
Risk Signature:
Contia.ct Manager: Sean F=gr Hy Ext: 2420 Department: CD
TSpe: ❑ Putchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA Q Other: Professional Services Start Date. 8,/,�16_ End Date: 6/30/17
Quotes/Bids/Proposal: FIRM AMO NT/SCORE
AKS 1
CES NVQ' 2
Account String. Fund-Division-Account Work Order—Actix ily Type Amount
Year 1 94U-8000-56005 14006-110 $10,900
Year 2
Year 3
Year 4
Year 5
AWrovals - LCRB Date:
Department Comments:
Department Signature:
Putchasing Comments: i
Putchasing Signature.-
City
ignature:City Manager Comments:
City'ki:anager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Of face along with a
completed Contract Checklist.
F
Contract# �
TIGARD CODA CENTER DENELOP.TwENT AGENCY
PROFESSIONAL.SERVICEs AGREEMENT
URB_i.NT L®FTS SURVEY
THIS AGREEMENT, made and entered into this 17- day of August, 2016, by and between the
Tigard CCDA Center Development Agency, hereinafter referred to as the "CCDA," and AILS
Engineering and Forestrv,LLC,hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the CCDA's 2016-2017 fiscal rear budget provides for Survey services for the Urban
Lofts project; and
WHEREAS, the accomplishinent of the v-ork and services described in this,agreement is necessary
and essential to the program of the CCDA-,and
WHEREAS, the CCDA desires to engage the Consultant to render professional surveying services
for die project described in this Agreement, and the Consultant 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. Consultant's Scope of Services
The Consultant shall perform professional su ivey services relevant to the Project in accordance
with tae terms and conditions set forth herein, and as provided in Exhibit A,which is attached
hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon die date of execution by the CCDA's Local Contract
Review Board,and shill expire,unless otheiv ise terminated or extended, on completion of the
work or June 30,2017«luchever comes first. All work under this Agreement shall be completed
prior to the expiration of anis Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Sclviccs as described in Exhibit A of this Agreement, and
for services required in the fiilfillment of Paragraph 1,the Consultant shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exlhibit B of this agreement,
wlhich 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 -Nine
Hundred No/100 Dollars 1,',10,900.00) without prior written authorization.
2) The Parties hereto do expressly agree that die Basic Fey is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
Lstimated construction cost of the Project. In the event that thu actual construction
cost differs from the estimated construction cost, the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant changes
and is authorized and accepted by the CODA.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billincs based on die work completed. Billings
shall be Submitted by the Consultant periodically, but not more frequently than monthly.
Payment by the CCDA shall release the CCDA from any further obligation for payment
to the Consultant 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 appro-,al of any work
or waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the CCDA, the Consultant shall furnish or acquire for
the CCDA the professional and technical service- based on the hourly rate schedule as
described in Exhibit B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant 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
Consultant shall be subject to audit by the CCDA. Tl-ie Consultant shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the CCDM.
E. Contract Identification
The Consultant shall furnish to the CCDM its employer identification number, as
designated by the:Internal Revenue Seivice,or social security number,as the CCDA deems
applicable.
F. Payyment—General
1) Consultant shall pav to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.16%
materials, or services furnished to Consultant, sub-consultant or subcontractor by any
person as such claim becomes due,CCDA may pay such claim and enlarge the amount
of the payment against funds due or to become due to the Consultant. The payment
of the claim in diis manner shall not relieve Consultant or their surety from obli,gation
with respect to any unpaid claims.
4. Oymership 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 Consultant;however,the
CCDA shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 roil minimum thickness molar as well as diskette in "DWG"
or"DXF" format, of the original drav-ings of the work. The CCDM shall have unlimited
authoritt- to use the materials received from the Consultant in any%rat• the CODA deems
necessary.
B. The CCDA shall make copies,for the use of and without cost to the Consultant, of all of
its maps,records,laboramr-tests,or other data pertinent to the work to be performed by
the Consultant pursuant to this _Agreement, and also make available an%- other maps,
records, or other materials available to the CCDA from any other public agency or body.
C. The Consultant shall furnish to the CCDA, copies of all maps, records, field notes, and
soil tests which %were developed in the course of work for the CCDA and for which
compensation has been received by the Consultant at no additional expense to the CCDA
except as pro%rided elsewhere in this Agreement.
5. Assignment/Delegation
Neither parte shall assign,sublet or transfer any uiterest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect whatsoever
sunless and until the other part-has so consented. If CCDA agrees to assignment of tasks to a
subcontract,Consultant shall be Bally responsible for the acts or omissions of any subcontractors
and of all persons employ=ed by them,and neither the approval by. CODA of a nv subcontractor
nor anything contained herein shall be deemed to create any contractual relation between the
subcontractor and CCDA.
6. Consultant is Independent Contractor
A. The CCD_1's project director, or designee., shall be responsible for determining whether
Consultant's work product is satisfactory and consistent %with this agreement, but
Consultant is not sub;ect to the direction and control of the CCDA. Consultant shall be
an independent contractor for all purposes and shall be untitled to no compensation other
than the compensation provided for under Section 3 of this.Agreement.
B. Consultant is all independent contractor and not aui employee of CM.N. Consultant
aclmowlcdges Consultant's status as an independent contractor and acknowledges that
Consultant 1s not an emplo'-te of the CCD-A for purposes of workers compensation law,
public employee benefits lave, or anS other law. All persons retained by Consultant to
pro;idc ser%-ices under this contract are employc,s of Consultant and not of CCDA.
Consultant acknowledges that it is not entitled to benefits of any kind to which a CCDA
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employee is entitled and tl-Lit 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 Consultant is found by a court of law or an administrative agency to be
an employee of the CC:D A for any purpose, CCD A shall be entitled to offset
compensation due,or to demand repayment of any amounts paid to Consultant under the
terms of the agreement,to the fiill extent of any,benefits or other remuneration Consultant
receives (from CCDM or third party) as a result of said finding and to the full extent of
any payments that CCD A is required to snake!to Consultant or to a third party=;as a result
of said finding.
C. The undersigned Consultant hereby represents that no employee of the CCDA or ant-
partnership or corporation in which a CCDA employee has an interest, has or will
receive any remuneration of any description from the Consultant, 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,Consultant 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. Consultant 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. Consultant shall obtain, prior to the execution of any performance under this
Agreement,a Cin-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 pa;'a pro-rated fee though the end of
the calendar year.
G. Consultant is not an officer,(,mployee,or agent of the CCDA as those terms are used
in ORS 30.265.
7. Indemnity
A. The CCDA has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant rLpresents to the CCD?y
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 Consultant's profession
under similar conclitions and circumstances as well as the requirements of applicable
federal, state and local laws, it being understood that acceptance of an Consultant's work
by the CCDM shall not operate as a waiver or rcicase. Acceptance of documents by CCD.
does not relieve Consultant of any responsibility for design deficiencies, errors or
omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend,sa,�-e and hold harnnless the CODA or the Citi-of Tigard,their officers,cmployeLS,
agents, and representatives from all claims, suits, or action: and all expenses incidental to
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the investigation and defense thereof, of whatsoever nature, including intentional acts
restilting from or arising out of the activities of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of this contract at both trial and appeal
level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies.. If ant-aspect of this indemnitc shall be found to be illeg it
or invalid for any reason v.-hatsoevcr,such illegality, or invalidity-shall not affect the validit%r
of the remainder of this indcinnitication.
C. Claims for Professional Liability. Consultant agrees and shall indemnify,defend, save and
hold harmless the CCDA or the Citi- of Tigard, their officers, emplo•,-ees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
ins estigation and defense thereof, arising out of the professional negligent acts, errors or
omissions of Consultant or its subcontractors, sub-consultants, agents or employees in
performance of professional ser-ices under this agreement. Any work by Consultant that
results in a design of a faciliry that is not readily accessible to and usable by individuals
-%yith disabilities shall be considered a professionally negligent act, error or or ussion.
D. As used in subsections B and C of this section,a claire for professional responsibility is a
claim made against the CCD.A in which the CCDA's alleged liability results directly- or
indirectly, in whole or in part, from the quality of the professional services provided b,,-
Consultant,regardless of the type of claim made against the CCD_'r in performance of this
contract. A claim for other than professional responsibility- is a claim made against the
CCDA in which the CCD A's alleged liability-results from an act or omission by Consultant
unrelated to the quality of professional services provided by Consultant in performance of
this contract.
S. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to CCDA in frill force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly or
indirectly out of Consulwit'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 CCDM and that any other insurance maintained by
CCDA is excess and not contributor-insurance Nvith the insurance required hereunder.
The policA or policies. of insurance maintallncd by the Consultant and its subcontractors shall
provide at least the following limits and co-,erages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense:,and keep in effect during the term of this
contract, Cornprchensive Gen,,ral Liability Insurance covering Bodily Injury and Property
Damage on an"occurrence"form(CG 20101185 or,2quivalent). This coverage shall include
Contractual Liability insurance for the indemnity=provided under this contract. The following
insurance Nrill be carried:
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Coverage Limit
General Aggregate 53,000,100
Products-Completed Operations Aggregate 52,000,000
Personal&Advertising Injur4- $1,000,00()
Each Occurrence 52,000,000
Fire Damage (Any one fire, S50,000
B. Professional Liability
Consultant shall obtain,at Consultant's expense, and keep in effect during the term of this
contract, Professional Liability- Instmuice covering any damages causid by any actual or
alleged negligent act, error or omission in the rendering of or failure to render Professional
Sei-vices. Combined single limit per claim shall not be less than$2,0110,000,or the equivalent.
Annual aggregate limit shall not be less than g3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of
the contract (Symbol l 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 52,000,1100.
If Contractor operates a personally-o«ned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contiuct, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than fi2,000,000.
D. Workers'Cgmensation Insurance
'1he Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Conmact are subject employers under the Oregon Workers'
Compensation Lav and shall comply with ORS 656.017, which requires them to provide
workers'compensation coverage that satisfies Oregon law for all their subject v orkers. 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.
Consultants who perform work Nvithout the assistance or labor of any emplo�-te need not
obtain such coverage. This shall include Employer's Liability Insurance with coverage limits
of not less than$1,000,000 each accident.
B. Additional Insured Provision
.Ul policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the CCD_1 and tht City- of Tigard, their officers, employees, agents and
representatives as additional insureds with respect to this contract. Coverage will be endorsed
to provide a "per project"aggrtgate.
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F. Extended Reporting Coverage
If anv 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 maxiirnun time period the Consultant's insurer will provide such if less
than 24 months. Consultant wvill 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 cndorsed to provide a "per
proicct"aggregate.
G. Insurance Carrier Rating
Coverage provided by the Consultant must be underwritten by an insurance company
d:.emed acceptable by the CCDA. All policies of insurance must be written by companies
having an A—M.Best rating of"A-VII""or better,or equivalent. The CCDA reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The CCDA understands that some: Contractors may self-unsure for business risks and the
CCDA will consider whether such self-insurance is acceptable if it meets the nniiiimum
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 fonn acceptable to the CCDA. The CCDA
reserves the right un 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 Consultant shall furnish
a Certificate of Insurance to the CCDA. No contract shall be effective until the required
Certificates of Insurance have been received and approved bx the CCDA. 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 m ndered under this contract are those of an independent
contractor. Contractor is nor an officer,emplovue or agent of the CCDA as those ternis are
used in ORS 30?65.
K. Primary Coverage Clarification
Th,�parties agree that Consultant's coverage shall be priinary to the e-yttnt permitted by law-.
The parties further agree that other insurance maintained by the CCDA is excess and not
contributor insurance w=ith the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause.will be included inn all ge.ieral liability
and commercial automobile policies required by this contract.
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A certificate in form satisfactory-to the CCDA certifying to the issuance of such insurance
will be fonyarded to:
City of Ti_Lrard
Attn: Contracts and Purchasing Office
13123 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the CCDA, a copy of each insurance poL(T, certified as a true cope bV an
authorized represuntative of the issuuing insurance compan T may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the tyork.
The procuring of such required insurance shall not b; construed to limit Consultant's liability
hereunder. Nomvithstand ng, said insurance, Consultant shall be obligated for the total amount
of any damage,injure-,or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause,CCDA shall have the right in its sole discretion,to terminate this
Agreement by giving notice to Consultant. If CCDA terminates the contract pursuant to this
paragraph,it shall pat-Consultant for services rendered to the date of termination.
10. Termination With Cause
A. CODA may terminate this algreement effective upon delivery of written notice to Consultant,
or at such later date as may be established by CCDA,under any of the following conditions:
1) If CCDA funding from federal, state, local, or other sources is not obtaincd 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 an--liconse or certificate required by law or regulation to be held bI Consultant, its
subcontractors, agents, and employees to provide the services required by this
Agrecment is for any reason denied, revoked, or not renew-ed.
4) If Consultant becomes insolvent,if voluntary or irnvoluntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if
there is an assignment for the benefit of creditors of Consultant.
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. CCD k, by written notice of default (including breach of contract\ to Consultant, may
t,-rminate the whole or any part of this Agreement:
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1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extElnsion thereof,or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to Lndarnger performance of this agreement in accordance
with its terms, and after receipt of written notice from CCDA, fails to carr%-ct such
failures within ten days or such other pEriod as CCDA may authorize.
3) If Consultant fails to elinimte a conflict as described in Section 14 of this agreement.
The rights and remedies of CCDA provided ii the above clause related to dertults (including
breach of contract) by Consultant shill not be exclusive and are in addition to any other
rights and remedies provided by law-or under this Agreement.
If CCDA terminates this Agreement under paragraph (B), Consultant 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 it this Agreement as the
services satisfactorily rendered by Consultant 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 CCDA due to breach of contract by
Consultant. Damages for breach of contract shill be those allowed by Oregon late,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of CCDA to insist upon or enforce strict performance by Consultant 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 tem-is or rights on any
future occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making_Payments
_U notices, bills and payments shall be made i1 writing and may be given b-personal delivers,
mail, or by fax. Payments may be made by personal deliyeil-, mail, or electronic transfer. The
following addresses shall be used to transmit notices,bills,payinents,and odzer information:
CM. tit"1'I ART) AU 1--.%GL'ItRUN(i&FtnulNi'm
.Atte: Sean Farrellt Attn:`ick White
Address: 13125 SAX'Hall Blvd. _Address: 12965 Ste'Herman Road, Suite 100
Tigard, Oregon 97223 Tualatin, OR 971062
Phone: (503) 715-2420 Phone: (503) 563-6151
Email. "�+n�.r* < -�1 �, _� Email: 1
and when so addressed, shall be deemed given upon deposit in the United States mail,pottage
prepaid, or when so faxed, shall be deemed given upon succcssfiil fax. In all other instances,
notices, bills and payments shall be dccmc:d,-ivcn at the time of actual delivery. Changes may
be made in the names and addresscs of the person to 1,1110 nrrticcs,bill-,and payments are to be
given by gi-,ing written notice pursuant to this paragraph.
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13. Merger
This writing is untended 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 CCDA requires that services provided pursuant to this agreement shall be provided to the
CCDA bi= an Consultant, which does not represent clients on matters contrary to CCDA
interests. Further, Consultant shall not engage service-, of an Consultant and/or other
professional who individually, or through members of his/her same firm,represents clients on
matters contrary to CCDA interests.
Should the Consultant represent clients on matters contrary to CCDA interests or engage the
ser-6ces of an Consultant and./or other professional who individually, or through members of
his/her same fain, represents clients on matters contrary to CCDA interests, Consultant shall
consult with the appropriate CCDA representative regarding the conflict.
After such consultation,the Consultant shall have seven (7)days to eliminate the conflict to the
satisfaction of the CCD_ . 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
Neithcr CCDM nor Consultant shall be considered in default because of any delays in
cornplc;tion 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 wit' 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
Consultant agrees to comply With all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply xyith the Americans
with Disabilities Act of 1990, ORS 659..1.142, and all regulations and administrative rules
established pursuant to those laws. All facilities designed by Consultant under this contract shall
be designed to be readily-accessible to and usable by individuals with disabilities as required by-
the.lrnericans with Disabilities Act.
17. Errors
Consultant shall perform such additional work as may be necessary to correct errors in the-,york
required under this_',.gr,-ement without undue delays and without additional cost.
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18. Extra (Changes)Work
Only the CCDA's Project 'Manager may authorize extra (and/or change) work. Failure of
Consultant to secure authorization for extra work shall constitute a waiver of all ri`ht to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Goveming 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 involing any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
Consultant shall comph-with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,2;9B,and 2790.
21. Conflict Between Terms
It is further expressly agreed by and between the parties hereto that should there be&-lv conflict
between the terms of this instniment in the proposal of the contract, tlus instrument shall
control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting here«ith.
22. Access to Records
CCDA shall have access to such books, documents,papers and records of Consultant as are
directly pertinent to this _agreement for the purpose of snaking audit, examination, excerpts
and transcripts.
23. Audit
Consultant 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. Consultant agrees to permit CCDA, the State of Oregon, the federal government, or
their duh-authorised representatives to audit all records pertaiivng to tlus_agreement to assure
the accurate expenditure of finds.
24. Severability
In thc: ei ent 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 trrms 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. Representations and Warranties
Consultant represents and warrants to the CCDA that:
A. Consultant has the power and authority to enter into and perform this_kgre,mc it.
B. This -Agreement, when executed and deliverud, is a valid and binding obligation of
Consultant, enforceable in accordance With its terms.
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C. Consultant (to the best of Consultant's knowledge, after due inquire, for a period of no
fe«Lr than six calendar rears (or since the firm's inception if less than that) preceding the
effective date of this Agreement, Fiithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 303.620 and ORS chapters
316, 317, and 318;
2) Ani tax provisions imposed by a political subdivision of this state that applied to
Consultant, to Consultant's proper"-, operations, receipts, or income, or to
Consultant's performance of or compensation for any work performed by Consultant;
3) Anv tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,services,or property,whether tangible or intangible,provided
by COnsultant;and
4) ;knv rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the CCDA under this Agreement,and
Consultant's services rendered in the performance of Consultant's obligations undLr this
Agreement, shall be provided to the CCD_i free and clear of any and all restrictions on or
conditions of use, transfer,modification,or assignment,and shall be free and clear of anti-
and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of
any kind.
26. Compliance y6th Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply
with xll tax laws of this state and all applicable tax lays of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax lay;-s" includes all the provisions
described in subsection 23.C. 1) through 4 of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
_agreement. Further, any violation of Consultant's warralhty, in subsection 25.0 of this
Agreement, that the Consultant has complied with the tax laws of the Statc of Oregon and
the applicable tax lazy-of any political subdivision of this state also shall constitute a material
breach of this Agreemc.nt. A1n1- violation shall entitle the CCDA to terminate tlhis
Agret-ment, to pursue and recover ativ and all damages that arise from the breach and die
termination of this Agreement, and to pursue any or all of the rc-mcdies available under this
Agreement,at lacy,or in equity,including but not limit,;d to:
12
1) Termination of this akgreement,in«-hole or in part;
2) Exercise of the right of setoff, and Nvithliolding of amounts otherwise due and owing
to Consultant,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an fiction or proceeding for damages, specific performance, declarator-
or injunctive relief. The CCDA shall be entitled to recover any and all damage
suffered as the result of Consultant's breach of this Agreement, including but not
limited to direct, indirect, incidental and consequential damages, costs of cure, and
costs incurred in securing a replacement Consultant.
Thesc remedies are cumulative to the extent the remedies aree not inconsistent,and the CCDA
may pursue any remedy or remedies singli, collectively, successivclV, or in any order
whatsoever.
27, oommplete Agreement
This Agreement,including tnc 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 aux
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in tie main body of the Agreement shall control. In thy; event of an
inconsistency behveen Exhibit A and Exhibit B,Exhibit A shall control.
silo waiver,consent,modification,or change of terms of this agreement shall bind either parr
unless in writing and signed by both parties. Such waiver, consent, modification, or change if
made, shall be effective only iii specific instances and for the specific purpose given. There are
no understandings,agreements,or representations,oral or written,not specified herein regarding
this Agreement. Consultant, by the signature of its authorized representative, hereby
acknowledges that he/she has read this agreement, understands it and agrees to be bound b•:
its terms and conditions.
CITY O IG AKS ENGINEERI T AN FORESTRY
By: _ ,ger B=:Authorized Consultant Representative
Date Date
13
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall render professional services as described below:
For three tai lots 25102AAU4900,2S11►?U04800,and 2S102AA04801
• Surrey,title,road,and as-built research
• Locating existing property corner monuments of record
• Establishing property, lilies,right-of-may lirics,and easements
• Elevating site to NGVD 29 vertical datum
• Establishing_`AD 83 2011 horizontal coordinates
• Coordinating public utility locates
• Field tying:
o Above ground located utilities !sanitaly, storm,water,gas,power,communications)
o Hard surfaces (curb,sidewalk, concrete,asphalt,driveway dropiz,ramps)
o Buildings and covered structures
o Light poles and signs
o Trees 6 inch diameter at breast height and greater
o Possible encroachments (fences, buildings, eves,walls, significant landscaping)
o Natural ground and break lines for contours
• Preparing an Existing Conditions Map showing the above items that can be utilized for design
purposes
14
EXHIBIT B
CONSULTANT'S PROPOSAL
15
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UALATdN `{ :r:.C.0 '•'._f� "-:f '�',',$-�: €'. .
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12E4C,!zSWHfqMAN,70...f,VIM 100- VUALArv,OR 97.0.2 F, =Wo-f1S2
iFt.*Ga4trm%-%&FORIMM' F
August 11, 2016
City of Tigard
Attn:Sean Farrelly
13125 SW Hall Blvd
Tigard,OR 97223
Phone:(503)718-2420
Email:
RE, Surveying Services for the site located at 12260 SW Main Street(2S102AA04900)and 8960 SW
Commercial Street(2S102AA04800),City of Tigard, Washington County, Oregon
Mr. Farrelly:
Attached is our proposal to provide Surveying Services for the above project.This proposal is based on design
quality surveying. We will do our best to perform our services in a timely manner to help ensure a successful
project for all parties involved.
We look forward to working with you on this project.If you have any questions,please call.
Sincerely,
AKS ENGINEERING&FORESTRY,LLC
A444k-1
Nick White—PLS,Associate
AGREEMENT FOR PROFESSIONAL SERVICES
This agreement is made between the City of Tigard (Client)and AKS Engineering& Forestry, LLC(AKS)to
provide Surveying Services for the site located at 12260 SW Main Street(2S102AA04900)and 8960 SW
Commercial Street(2S102AA04800), City of Tigard,Washington County, Oregon.See attached Exhibit'A'for
the approximate limits of work. The approximate area of the site 2 acres.
The Client authorizes AKS to provide surveying services,acting as an independent consultant for this project
as individually named. The scope of work and fees are as follows:
SCOPE OF WORK
The following list of items are services AKS will be responsible for completing. All work outlined below will
be performed by or under the direct supervision of a Professional Land Surveyor.
TOPOGRAPHIC SURVEYING SERVICES
The following items will be completed by AKS within the area shown in Exhibit A:
• Survey,title, road,and as-built research
• Locating existing property corner monuments of record
• Establishing property lines, right-of-way lines, and easements
• Elevating site to NGVD 29 vertical datum
• Establishing NAD 83 2011 horizontal coordinates
• Coordinating public utility locates
• Field tying:
o Above ground located utilities(sanitary,storm,water,gas, power,communications)
c Hard surfaces(curb,sidewalk,concrete,asphalt,driveway drops, ramps)
c, Buildings and covered structures
o Light poles and signs
o Trees 6 inch diameter at breast height and greater
o Possible encroachments(fences, buildings,eves,walls,significant landscaping)
o Natural ground and break lines for contours
• Preparing an Existing Conditions Map showing the above items that can be utilized for design
purposes
OPTIONAL TOPOGRAPHIC SURVEYING SERVICES
If requested by the Client tax lot 2S102AA-04801 will be included as part of the project.
REIMBURSABLE EXPENSES
• Title Report
1.22;0 S'.-V�,;"Min St.!e;9SC SW Commercial 5t August 11,2016
CitofT9'',rX1 Page 21
FEES FOR SERVICES
TOPOGRAPHIC SURVEYING SERVICES:...........................................................................................$9,000
OPTIONAL TOPOGRAPHIC SURVEYING SERVICES:...................................................................$1,500
REIMBURSABLE EXPENSES:........................................................................................................$400
Not to Exceed Total:510.900
BASIS OF FEE AND BILLING:
In consideration for performing said services,the Client agrees to compensate AKS monthly for services
based on standard hourly rates.
ASSUMPTIONS:
• Excludes private utility locate services.
• Excludes professional traffic control services.
• Assumes access will be coordinated by the Client.
• Excludes property boundary dispute resolution.
• Assumes site is outside or mappable flood sources.
• Excludes arborist services,tree species will be identified on coniferous or deciduous.
EXCLUSIONS:
Services that do not fall within the Scope of Work are excluded from this agreement.See attached"General
Provisions".
Z
IA-/
AKS Engineering&Forestry,LLC Client
Date 8/11/2016 Date
AKS Engineering& Forestry,LLC City of Tigard
12965 SW Herman Road,Suite 100 13125 SW Hall Blvd
Tualatin,OR 97062 Tigard,OR 97223
AV f,::yin`118960 SW Conirner-d-al August 11,2016
':y om TiEard ?c. 2 3
GE\ER LPROVISIONS
1 REIM11 RS ABLE EXPENSES:Reimburs-able expenses of AKS Engineering&Forestry,LLC(AKS)shall be those expenses incurred directly for the prgieet,including
but not limited to tramportation costs,meals,lodging,computer services,printing,prnnit feeF,and binding charges. Reimbursement for thew expen-cs shall be on tl.e
basis of actual comas(if incurred through an outside vendor)or at AKS'current cost rate,.
2. OUTSIDE SERVICES:Any technical or professional services furnished by an outside consultant or ermtractor will be billed at coat.
3. AKS'FEES AND FEE ESTIMATES. Unlera otherwise agri.,;d in writing,charya:;for all AKS'services will be billed in accordance with AKS'rate schedule in effect at
the time the senices are performed. Any estimate provided by AKS w ill be provided on the bavi�of experience and judgment,but AKS cannot warrant that actual time and
expenses will not vary from these fee estimates.
4. PAYL ENT TO AKS:Monthly invoices will be i�,ued by AKS for all work performed under the terms of this Agreement. lin Jees.ire due and payable on r-ceipt. all
amounts more than 30 days past due will be ubject to finance charges, Financ,,charges are coniputzd at a periodic r.te of 1.54E per month(which is an annual p,,rcentage
rate of I e1o).unless another rate is mandated by law,in which cafe the finance charge shall equal the maximum intere.t wte allowed by law. Client agr:es that,if it
disputes any portion of an invoice,Client must notify AKS of.uch dispute in writing within 30 day,of the invoice date,which notice must set forth the disputed amount
and the reason for such dispute. Client hereby waives any right to dispute an invoice mor:than 30 days after an invoice's date.
5. FAH,I RE TO PAY: Client acknowlcdg..s th:t failure to timely pay any amount hereunder is a naterial breach of this Atr_ement and that AKS nutty,in its sol,
discretion,suspend service and all other obligations under this contract and or under any other contract been;ren AKS and Clicnt(..nd or between AKS mid anv other client
subje,t to control by Client or any of Client's principals)in the case of any late paynient.and that if any payment is not timely trade.:SKS may further withhold plans.
documents.and information(whether such documents and or information was prepared under this contract,another contract bet r* en AKS and Client,or a contract
baween AKS and another cli,nt sul+jcet to control by Clint or one of Client's principal's). AKS may claim a lien for all materials,labor,and services funiLli-d if any
amount due hereunder is not timely paid. In addition to the principal amount due hereunder,and any Finance Charges that accrue hereunder.Client agrees to pay AKS all
collection cost.;that AKS incurs,regardles_of w-hethcr or not litigation:is initiated,including but not limited to reasonable attorn+:y's fees.court costs.and charges for AKS
staff time(at AKS'regular races). If AKS suspends t-:ork as a result of Client's not,pa}m,nt,AKS may require an additional-.tart up fee"to re-start[work httewtda.even
if Client cures all past defaults.
G. GOVERNMENT CHANGES:If AKS,puruanr to this Agrecmeut,producer a work product andor performs field work that conhplic.with the ord-mances.p Aicie>r-nd
procedures of govertmental agencies,and any such govemm`tnal agency changes its ordinances,policies,procedures or requirements after the date of this agreement,any
additional office or field work thereby required shall be paid for by Client as cxra work.
7. ADDITIONAL SERVICES:Clint agreos that if services not specified in this Agreement are provided,or if Client requests serviceF not specifncd licm-in,Client agrees to
timely pay for all such ser•iceh as extra work at AKS's standard rates(if not otherwise specifncd).
8. CONSTRLUCTION COST ESTIMATES:Any construction cost estimates providtd b_r:1KS will be on a b,:sis of experience and judgment but since AKS has no control
over nnarket conditions or bidding procedures,AKS cannot warrant that bid:or actual constriction costs will not vary from these cost estimates.
9. PROFESSIONAL STANDARDS:AKS shall only be responsible.to the level of competency and the standards of care,skill,and diligence maintained by proiescionals
providing similar services in AKS'local community at the time that AKS provides services under this Agrtement. AKS makes no other warrant-,expressed or implied.
10. TERIHNATIOti-Either Client or AKS ma-t_mitinate this agreement by riving 30 days written notice to the other part-. It.,such event,Client,hail innmediatcly pay
AKS it:full for all work previously authorized and performed pr-or to effective date of termination.
11. LIMITATION OF LLABILITY:Client hereby waives all claims against AKS and releases AILS from any claim.demand,loss,or liability that Client may now or
hereafter have against AKS arising out of or in connection with this Agreement or the services provided hereunder(whether in tort,contract or otherwise),
provided that any such claim,demand,loss or liability has not resulted from AKS'gross negligence or willful misconduct. In no case shall AKS's liability to the
Client for any cause or combination of causes,in the aggregate,exceed the amount of the fee actually paid to AKS under this Agreement. In no event shall AKS
be liable for any indirect or consequential damages of any kind.
12. LEGAL EXPENSES:In the event either part•hereto must seek legal counsel for the purpose of enforcing or othemise interpreting the terms of this,Agreement whether
or not legal action is initiated,the losirb party shall pay the prevailing pain:all fees.costs,and expenses incurred including reasonable attomey3'fees and expert witness
fees,including any fees and rest_,incurred on appeal.
13. ENFORCEABILITY:ha case.cry one or more of rhe prmisions contained in this Agmement-hall be held illegal,the enforceahilit of the retraining provisions contained
herein shall not be impaired.
14. AUTHORIZATION TO PROCEED: Any request by Client fur AKS to proca.d with work shall constitute an expre,s acceptance of all terms to this Agre;,meat,
including these Gencral Provisions.
15. TRANSFERABILITY OF AGREEMENT:This Agreement is bemeen Client and AKS and is not transferable-ithout the written con!,nnt of the other party.
16. ACCESS TO SITE:Unless otbenwiee stated,Client w•amants that AKS will have access to the site.to the same dt_�_:r:e a Client for,stivities rece,care to perforin services. Client
rcprtsents that it has unrestricted ULM to the site.
17. OWNERSHIP OF DOCUMENTS:It is understood and agreed thu the calculations.drawings,and specifications pre;tired pur-nant to this Agre,ment("Work Product-),
whether in hard copy or machine-reader form.are instnune it.,of profe i,,ional ser,ice intended for one-time use by Clint only for:his project only. Rork Product is and
:,hall remain the property of AKS. Client shall not obtain the right to use the Work Product,even for one-time use unless all amounts due under this Agreement are paid in
full. If Client is in posseksion of,cry Work Product and has not p.,id any mount due lner.untter,_AKS may demand retunn of the Work Product,and may specifically
enforce Client's r bligttion to return such Work Prc.duct.
18. INSURA.N(E:AKS is covered by a i4encral liability insurance,,olicy and a profesoian.l liability policy,which policies:,hall each prt•vide for at least S 1.000.000 cox zage
per occurrence. If Client inquires additional coverage in ecce s of that amount,and if procurable,_AKS will obtain additional in_urance to the level Clicnt r.que,ts at
Client's*ole expense.
19. INDEMNITY:Clicnt hereby agree.,to defend AKS and hold AKS hamnle,..from any ciaitr,demand,lc is or li.:bility,including reasotn.:ble attome•'s'fees.that results
from for any loss.damage or liabilit,-ari•.ing front any acts by the Client.its agents,staff.and or oth,r consultants or agents that act at the direction of Client.
20. WORK OF OTHERS: Clitat agrees that AKS shall not be rc:porsible or liablo far ary work performed or services provided by any e'ntit other than-AKS and-or any
person that is not a direct employcz of AKS. Client acl(no wledges that AKS may arsist Client with the coordination of other contractors and or design professional and or
consultants,and'or that AKS will make arrangement,for the provi.ion of services by other:.:and Client further acknowledges that such coordination and or other sveh
efforts does not make AKS liable for the services provided b-:others. Client understands and expressly acknowledges the t AKS doe-not provide Geo-teelmical
engineering,Traffic engineering,structural cii.ineering,wetland deline.:tion,and electrical wigineaing,s,rvices. Clicnt a;:11rez.1y acknowledges that AKS doe,not
:assume responsibility for determining bup.r-ising.implem,riting or contnrlling the means,m,thods,technique.:.aquencing or procedulies of constnutipn,or monitoring.
evaluating or reporting job condition^that relate to he:.lth,wfet:-or wilfare.
21. ALL TLR11S MATERIAL: All pro%isionc li.rein are material to AKS's agrt_men:to provide services,and were eNpressly negotiates by the panics.
22. VIrNt'E: :Any litigation ir_itiatcd in conn,etion c ith this Agreement shall take place in-Multnoni ib Count,Oregon,unless such case hn•('.-.',s a like clzim th..t must be
litia..t.:d elsetwhcre aF a matter of law,in which czse all i_su,s ralat.:d to this_Agreement may be litig:.ted in the same forum as the lice-Lim. All claim.of army nature di,t
mlme to this Agreement shall be subject to Ore.,(.n law,uinles such claim-relate to the fcneclo:are of:!lien and are.as a matt_r of law,subicct to the L•tw.,of another stet.,
in which case only the lien clzim will b.:;;abj.ct to the lac.s ,f another state.-nd all oil:zr cLims`is.ues will r.:main sea ject to Oreg,;n Lw.
23. NOTICE OF CLAIMS: Client shall.and txpressiy a�n:zs to.provide AKS inmhec:iatc y:ritt,n notice(,f any facts that could potential]—r:3ult in aur-p)tenial cL im
against.'.KS,ircludina but i:at]invited to any dispute,any claimed d:.utatas,an. p.rcei%ed failure by AKS,or oth.xv-ise. As a condition preceuent to an--recov---ry from
_AKS,Client sh.;ll give AKS wi ittcn notice of any such claim cr Lets that cculd result in a claim not later than t:n(10)days::ft x the date of the octrrrence of the e•.ent
c..u..,ing the potential claim. Client s failure to pro-Ade tach notice,for env re,.son.shall constitute v:ai•.er of such claim.
Al
N(!!NCER1N1-&A F*1415TRY
AKS ngbnee flag& Forestry, Ur
Standard Fee Schedule 5/1/16
Labwu f'it; Levels:
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources I........................$50/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources II.... ..................$55/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources III... ..................$60/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources IV.. ..................$65/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources V... ..................$70/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources VI.. ..................$75/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources VII. ..................$80/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources VIII ..................$85/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources IX... ..................$90/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources X.... ..................$95/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XI... ................$100/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XII.. ................$105/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XIII. ................$110/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XIV ................$115/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XV. ................$120/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XVI ................$125/hr
Engineer/Surveyor/Planner/Landscape Architect/Arborist/Natural Resources XVII................$130/hr
GPS/Robotic Instrument One Person Crew .............................................................. ................$115/hr
Survey Crew(Two Person)......................................................................................... ................$155/hr
Laser Scanning One Person Crew............................................................................... ................$170/hr
Clerical........................................................................................................................ ..................$45/hr
-11 Corot Items:
Subcontractors and Subconsultants @ cost
Application/Permit Fees @ cost
Mileage $0.54/mile
Technical Supplies @ cost
Postage/Shipping/Delivery @ cost
Commercial Copies @ cost
Miscellaneous(includes):
Parking @ cost
Aerial Photos @ cost
Commercial Travel,Meals,Lodging @ cost
AKS' policy is to put the client's interests first. We strive to provide top quality services at rates that are
extremely competitive. We consider our rates to be the best value in the industry. AKS is always looking for
new and innovative ways to lower costs for our clients.We do not have a minimum number of hours charged
per call out, mobilization charges, or trip charges. We understand that it is necessary, at times,to quickly go
out to meet with clients and provide a small amount of work. There is no additional or minimum charge for
this. Overtime rates are the same as the standard billing rate. AKS staff understands the need to work
overtime to get projects done in a timely and efficient manner;therefore,we do not have an additional
charge or multiplier for overtime. Field equipment,computer hardware, and computer software (AutoCAD
licenses,etc.) are included in the labor rates.
Standard Fee Schedule ",;f�?ct c•e 5/1/1:",
AKS
EXHIBIT A
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