Kittelson & Associates Inc ~ C210037
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: C210037a4
Contract Start Date: 10/27/2020 Contract End Date: 12/31/2024
Contract Title: 99W Streetlight Design
Contractor Name: Kittelson & Associates, Inc.
Contract Manager: Courtney Furman
Department: Engineering
Contract Costs
Original Contract Amount: $247,771.92
Total All Previous Amendments: $21,930.00
Total of this Amendment: $0
Total Contract Amount: $269,701.92
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal ITB >$150K
Solicitation Number: 2021-04
LCRB Date:
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Extend contract
DocuSign Routing
Route for Signature Name Email Address
Contractor Herman Steyn, Senior Principal
Engineer
HSteyn@kittelson.com
City of Tigard Emily Tritsch Emily.tritsch@tigard-or.gov
Final Distribution
Contractor Herman Steyn HSteyn@kittelson.com
Project Manager Courtney Furman
Shauna Large
Courtney.furman@tigard-or.gov
Shauna@tigard-or.gov
Buyer Toni Riccardi tonir@tigard-or.gov
CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C210037A1
Contract Start Date: 10/27/2020 Contract End Date: 12/31/2022
Contract Title: 99W Streetlight Design
Contractor Name: Kittelson&Associates,Inc.
Contract Manager:Toe Wisniewski
Department: Engineering
Contract Costs
Original Contract Amount: $247,771.92
Total All Previous Amendments: 0
Total of this Amendment: $21,930.00
Total Contract Amount: $269,701.92
Procurement Authority
Contract Type: Personal Services
Procurement Type: Formal ITB >$150K
Solicitation Number: 2021-04
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit):1=e Amount
FY 2022 460-8000-56005 95065-130 $21,930.00
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: Mat4iziit, Sf6p4-,�
Comments: Change PM, extend contract and add$21,930.00.
DocuSign Routing
Route for Signature Name Email Address
Contractor Herman Steyn, Senior Principal HSteyn@kittelson.com
Engineer
City of Tigard Steve Rymer
Final Distribution
Contractor Herman Sten HSteyn@kittelson.com
Project Manager Toe Wisniewski Joew@tigard-or.gov
Shauna Large Shauna@tigard-or.gov
Buyer Machelle Stephens MacheUes@tigard-or.gov
DocuSign Envelope ID:6B76EEED-181A-48A7-9158-F17A8675495D
CITY OF TIGARD,OREGON
AMENDMENTTO
CONTRACT NUMBER 0210037
FOR
OR99W STREETLIGHT DESIGN
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Kittelson &Associates,Inc.,hereinafter referred to as Contractor,is hereby amended as follows:
1. Scope of Services
Contractor will perform professional services in accordance with the terms and conditions set forth
herein, and as provided in Exhibit A, Exhibit Al which is attached hereto and by this reference
made a part of this Agreement.
2. Effective Date and Duration
This Agreement is effective upon the date of execution and expires on December
31, 2022, unless otherwise terminated or extended. All work under this Agreement must be
completed prior to the expiration of this Agreement.
3. Compensation
A. The City agrees to pay Contractor in accordance with the schedule of rates as outlined in Exhibit
B and billing rate schedule in Exhibit C. The maximum that Contractor may be paid on this
Agreement is hereafter the "not to exceed" amount of Two Htmdred Forty Seven Thousand
Two Hundred Sixty Nine
Thousand Seven Hundred One and 92/100 Dollars ($269,701.92) without prior written
authorization. The "not to exceed" amount includes all payments to be made pursuant to this
Agreement,including reimbursable expenses,if any. Nothing in this Agreement requires the City
to pay for work that does not meet the standard of care that would ordinarily be used by similar
professionals in this community in similar circumstances or other requirements of the Agreement.
The actual amount to be paid to Contractor may be less than the "not to exceed" amount.
4. Method &Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD KITTELSON&ASSOCIATES
Attn: Attn: Jeff Whitman
Joe Wisniewski
Address: 13125 SW Hall Blvd Address: 851 SW 6'Avenue, Suite 600
Tigard, OR 97223 Portland, OR 97204
Phone: Phone: (503) 535-7468
(971) 271-4772
Email: ehr-is~~a444i raf.eo Email: jwhitmangkittelson.com
Joew@tigard-or.gov
[Signature page follows]
OR99W Streetlight Design—C210037a1 Page 1 of 2
DocuSign Envelope ID:6B76EEED-181A-48A7-9158-F17A8675495D
IN WITNESS 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 KITTELSON&ASSOCIATES,INC.
FO...Sig-d hr. ❑.- lg..d by:
S v t v kkt.v�m us
..
5134%PF56 Q4C9. AAEB 605bE63425..
Signature Signature
Steve Rymer Hermanus Steyn
Printed Name Printed Name
9/14/2021 9/14/2021
Date Date
OR99W Streetlight Design—C210037a1 Page 2 of 2
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
HIS FORMMUSTACCOMPANYEVERY CONTRACT)
Contract Title: OR99W Streetlight Design Number: C210037
Contractor: Kittelson&Associates,Inc. Contract Total: $247,771.92
Contract Overview: Bring 10 intersections along OR99W up to lighting standards.
Initial Risk Level: ❑❑ Extreme ❑❑ High 0 Moderate ❑❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Christy Zellmer Ext: 2468 Department: Engineering
TN,pe: O❑ Personal Svc O Professional Svc ❑O Public Imp ❑O General Svc ❑o Coop Purchase
O❑ Other: Start Date: 10/07/2020 End Date: 02/01/2021
Quotes/Bids/Proposal: FIRM AMOUNT/ScoRE
See scoring summary for 2021-04
Account String: Fund-Division-Account Work Order—Activit,} Tie Amount
FY 21 460-8000-56005 95065-130 $196,000.00
FY 22 460-8000-56005 95065-130 $51,771.92
FY
FY
FY
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
DocuSign Envelope ID: 39D1421F-7004-4FFC-B84E-AOCBBA729636
Contract# C210037
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
OR99W STREETLIGHT DESIGN
THIS AGREEMENT, made and entered into this Seventh day of October 2020, by and between the City
of Tigard, a municipal corporation, hereinafter referred to as the "City," and Kittelson & Associates Inc.,
hereinafter referred to as the "Contractor."
RECITALS
WHEREAS, the City's Fiscal Year 2021 budget provides for design services for the 99W Streetlight project;
and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the program of the City; and
WHEREAS, the City desires to engage the Contractor to render professional services for the project
described in this Agreement, and the Contractor 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. Scope of Services
Contractor will perform professional services in accordance with the 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 is effective upon the date of execution and expires on February 1, 2021, unless
otherwise terminated or extended. All work under this Agreement must be completed prior to the
expiration of this Agreement.
3. Compensation
A. The City agrees to pay Contractor in accordance with the schedule of rates as outlined in Exhibit
B and billing rate schedule in Exhibit C. The maximum that Contractor may be paid on this
Agreement is hereafter the "not to exceed" amount of Two Hundred Forty-Seven Thousand
Seven Hundred Seventy-One and 92/100 Dollars ($247,771.92) without prior written
authorization. The "not to exceed" amount includes all payments to be made pursuant to this
Agreement,including reimbursable expenses,if any. Nothing in this Agreement requires the City
to pay for work that does not meet the standard of care that would ordinarily be used by similar
professionals in this community in similar circumstances or other requirements of the Agreement.
The actual amount to be paid to Contractor may be less than the "not to exceed" amount.
B. Contractor is entitled to receive progress payments for its work pursuant to the Agreement as
provided below. The City will pay Contractor based on these invoices for acceptable work
performed and approved until the "not to exceed" amount is reached. Thereafter, Contractor
must complete work based on the Agreement without additional compensation unless there is a
change to the scope of work.
C. Any estimate of the hours necessary to perform the work is not binding on the City. Contractor
City of Tigard 1 13125 SW Hall Blvd., Tigard, OR 97223 1 (503) 639-4171 1 www.tigard-or.gov
DocuSign Envelope ID: 39D1421F-7004-4FFC-B84E-AOCBBA729636
remains responsible if the estimate proves to be incorrect. Exceeding the number of estimated
hours of work does not impose any liability on the City for additional payment.
D. Payment will be made upon receipt of billings based on the work completed. Contractor will
submit billings to City periodically, but not more frequently than monthly. Payment by the City
releases the City from any further obligation for payment to Contractor for service or services
performed or expenses incurred as of the date of the statement of services. Payment will be made
only for work actually completed as of the date of invoice. Payment will not be considered
acceptance or approval of any work or waiver of any defects therein.
E. Contractor must furnish certified cost records for all billings to substantiate all charges.
Contractor's accounts are subject to audit by the City. Contractor will submit billings in a form
satisfactory to the City. At a minimum, each billing will identify the task order under which such
work is performed, work completed during the billing period, percentage of work completed to
date, and percentage of budget used to date for each task. Billings must also include Contractor's
employer identification number or social security number, as the City deems applicable.
F. General Terms:
1) Contractor must make payments promptly, as due, to all persons supplying labor or materials
for the performance of the work provided for in this Agreement.
2) Contractor may not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
3) Contractor will pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
4) Contractor will pay all contributions or amounts due the Industrial Accident Fund from the
contractor or any subcontractor.
5) If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against
funds due or to become due the Contractor. The payment of the claim in this manner does
not relieve Contractor or their surety from obligation with respect to any unpaid claims.
6) Contractor will promptly, as due,make payment to any person,co-partnership,association,or
corporation, furnishing medical, surgical,and hospital care or other needed care and attention,
incident to sickness or injury, to the employees of Contractor, of all sums that Contractor
agrees to pay for the services and all moneys and sums that Contractor collected or deducted
from the wages of employees pursuant to any law, contract, or agreement for the purpose of
providing or paying for services.
7) Contractor and its employees,if any,are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year
by any public employer participating in the Retirement System.
8) Contractor must obtain, prior to the execution of any performance under this Agreement, a
City of Tigard Business License. The Tigard Business License is based on a calendar year with
a December 31 st 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.
9) The City certifies that sufficient funds are available and authorized for this Agreement during
the current fiscal year. Funding during future fiscal years is subject to budget approval by
Tigard's City Council.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as instruments of
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service, are the property of Contractor; however, the City may request, at no additional cost, one
set of previously approved reproducible drawings, as well as storage device such as thumb drive
or SD card in "DWG" or "DXF" format, of the original drawings of the work. The City has
unlimited authority to use the materials received from Contractor in any way the City deems
necessary.
B. The City may make copies, for the use of and without cost to Contractor, of all of its maps,
records, laboratory tests, or other data pertinent to the work to be performed by the Contractor
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 Contractor will 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 Contractor at no additional expense to the City, except as provided elsewhere in this
Agreement.
5. Assignment/Delegation
Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment has any force or effect unless and until the other
party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully
responsible for the acts or omissions of any subcontractors and of all persons employed by them.
Neither the approval by City of any subcontractor nor anything contained herein creates any
contractual relation between the subcontractor and City. The provisions of this Agreement are
binding upon and will inure to the benefit of the parties to the Agreement and their respective
successors and assigns.
6. Status of Contractor as Independent Contractor
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is
not entitled to benefits of any kind to which an employee of City is entitled and is solely
responsible for all payments and taxes required by law. Furthermore,in the event that Contractor
is found by a court of law or any administrative agency to be an employee of City for any purpose,
City is entitled to offset compensation due, or to demand repayment of any amounts paid to
Contractor under the terms of this Agreement, to the full extent of any benefits or other
remuneration Contractor receives (from City or third party) as a result of said finding and to the
full extent of any payments that City is required to make (to Contractor or to a third parry) as a
result of said finding.
B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. Conflict of Interest
The undersigned Contractor hereby represents that no employee of the City, or any partnership or
corporation in which a City employee has an interest, has or will receive any remuneration of any
description from Contractor,either directly or indirectly,in connection with the letting or performance
of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds,Contractor certifies that he/she is not currently
employed by the Federal Government and the amount charged does not exceed his or her normal
charge for the type of service provided.
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8. Indemnification
A. City has relied upon the professional ability and training of Contractor as a material inducement
to enter into this Agreement. Contractor represents that all of its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal, state, and local laws, it being understood that acceptance of a
Contractor's work by City will not operate as a waiver or release. Acceptance of documents by
City does not relieve Contractor of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Contractor agrees to indemnify, defend, 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, of
whatsoever nature, including intentional acts resulting from or arising out of the activities of
Contractor 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 any aspect of this indemnity is found
to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
C. Claims for Professional Liability. Contractor agrees to indemnify,defend, 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, to the extent caused
by the professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this agreement.
Any work by Contractor that results in a design of a facility that is not readily accessible to and
usable by individuals with disabilities will be considered a professionally negligent act, error, or
omission.
D. As used in subsections B and C of this section, a claim for professional liability 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 Contractor, regardless of the type of
claim made against the City in performance of this Agreement. A claim for other than professional
liability is a claim made against the City in which the City's alleged liability results from an act or
omission by Contractor unrelated to the quality of professional services provided by Contractor
in performance of this Agreement.
9. Insurance
Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out
of Contractor's activities or work hereunder,including the operations of its subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain,at Contractor's expense,and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage must include Contractual
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Liability insurance for the indemnity provided under this contract. The following insurance will
be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
B. Professional Liability
Contractor must obtain, at Contractor's expense, and keep in effect during the term of this contract,
Professional Liability Insurance covering any damages caused by any actual or alleged negligent act,
error,or omission in the rendering of or failure to render Professional Services. Combined single limit
per claim may not be less than $1,000,000,or the equivalent. Annual aggregate limit may not be less
than$1,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Contractor must also obtain, at Contractor's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned,hired, and
non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence may
not be less than $1,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract,the Contractor
will obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined
Single Limit per occurrence may not be less than $1,000,000.
D. Workers' Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials
under this Contract that are subject employers under the Oregon Workers' Compensation Law
must comply with ORS 656.017,which requires them to provide workers'compensation coverage
that satisfies Oregon law for all their subject workers. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within
Oregon for more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain workers' compensation coverage. All non-
exempt employers must provide Employer's Liability Insurance with coverage limits of not less
than$1,000,000 each accident.
E. Additional Insured Provision
All required insurance policies, other than Workers' Compensation and Professional Liability,
must name the City its officers, employees, agents, and representatives as additional insureds with
respect to this Agreement.
F. Extended Reporting Coverage
If any of the required 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,if less than
24 months, the maximum time-period Contractor's insurer will provide. Contractor 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
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date is on or before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s) with an unacceptable financial rating.
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 Contractor is self-insured for commercial general liability or
automobile liability insurance, Contractor must provide evidence of such self-insurance.
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on
a form acceptable to the City. The City reserves the right in its sole discretion to determine
whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A
renewal certificate will be sent to the below address prior to coverage expiration.
J. Primary Coverage Clarification
The parties agree that Contractor's coverage is primary to the extent permitted by law. The parties
further agree that other insurance maintained by the City is excess and not contributory insurance
with the insurance required in this section.
K. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability, pollution, and errors and omissions policies required by this Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard, Oregon 97223
OR
ContractsPurchasinggtigard-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company, may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. The procuring
of such required insurance will not be construed to limit Contractor's liability hereunder.
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Notwithstanding said insurance, Contractor is obligated for the total amount of any damage,
injury, or loss caused by negligence or neglect connected with this Agreement.
10. Method &Place of Submitting Notice, Bills, and Payments
All notices,bills and payments will be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses will be used to transmit notices, bills,payments, and other information:
CITY OF TIGARD KITTELSON&ASSOCIATES
Attn: Christy Zellmer Attn: Jeff Whitman
Address: 13125 SW Hall Blvd Address: 851 SW 6`'Avenue, Suite 600
Tigard, OR 97223 Portland, OR 97204
Phone: (503) 718-2468 Phone: (503) 535-7468
Email: christinazntigard-or.gov Email: iwhitmannkittelson.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so
faxed, upon successful fax. In all other instances,notices, bills and payments will be deemed given at
the time of actual delivery. Changes may be made in the names and addresses of the person to who
notices,bills, and payments are to be given by giving written notice pursuant to this paragraph.
11. Survival
The terms, conditions, representations, and warranties contained in this Agreement survive the
termination or expiration of this Agreement.
12. Merger
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement will be effective unless and until it is made in writing and signed by
both parties.
13. Termination Without Cause
At any time and without cause, City has the right in its sole discretion to terminate this Agreement by
giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will
pay Contractor for services rendered to the date of termination.
14. Termination for Cause
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City, under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied,revoked, or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an
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assignment for the benefit of creditors of Contractor.
Any such termination of this Agreement under paragraph (A) will be without prejudice to any obligations
or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default (including breach of contract) to Contractor, may terminate the
whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time specified,
or
2) If Contractor fails to perform any of the other provisions of this Agreement or fails to pursue
the work as to endanger performance of this Agreement in accordance with its terms, and
after receipt of written notice from City, fails to correct such failures within ten (10) days or
such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of contract)
by Contractor are not exclusive and are in addition to any other rights and remedies provided by
law or under this Agreement.
If City terminates this Agreement under paragraph(B),Contractor will be entitled to receive as full payment
for all services satisfactorily rendered and expenses incurred,provided,that the City may deduct the amount
of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of
contract include those allowed by Oregon law,reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. Access to Records
City will have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
16. Hazardous Materials
Contractor will comply with all federal Occupational Safety and Health Administration (OSHA)
requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon
OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may
release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use
(for example, employees of a construction contractor working on-site), it is the responsibility of
Contractor to provide the City with the following information: all applicable Safety Data Sheet, the
identity of the chemical/s, how Contractor will inform employees about any precautions necessary,
an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,
Contractor must label, tag, or mark such goods.
17. Force Majeure
Neither City nor Contractor will be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the
other party in writing of the cause of delay and its probable extent. Such notification will not be the
basis for a claim for additional compensation. Each party will, however, make all reasonable efforts
to remove or eliminate such a cause of delay or default and will,upon cessation of the cause,diligently
pursue performance of its obligation under the Agreement.
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18. Non-Waiver
The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
19. Hours of Labor, Pay EquitX
In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in
any one week, except as provided by law. For contracts for personal services, as defined in ORS
279A.055, Contractor must pay employees at least time and a half pay for all overtime the
employees work in excess of 40 hours in any one week, except for employees who are excluded
under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either at the
time of hire or before commencement of work on the contract,or by positing a notice in a location
frequented by employees, of the number of hours per day and days per week that the employees
may be required to work.
C. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate
of wage, salary,benefits or other compensation with another employee or another person and may
not retaliate against an employee who discusses the employee's rate of wage, salary, benefits or
other compensation with another employee or another person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material
element of this Agreement and failure to comply will be deemed a breach that entitles City to
terminate this Agreement for cause.
20. Non-Discrimination
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement,including,without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142,including all amendments of and regulations and administrative rules,and all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
21. Errors
Contractor will perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
22. Extra Work, Changes
Only the City's Project Manager for this Agreement may change or authorize additional work. Failure
of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the
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contract price or contract time due to such unauthorized extra work and Contractor will not be entitled
to compensation for the performance of unauthorized work.
23. Warranties
Contractor warrants that all practices and procedures, and workmanship will be performed with the
care and skill used by members of Contractor's profession practicing under similar circumstances and
the same time and in the same locality. Neither acceptance of the work nor payment therefore relieves
Contractor from liability under representations contained in by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor's services
rendered in the performance of Contractor's obligations under this Agreement, will be provided to
the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or
assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities,
charges, and encumbrances of any kind.
24. Attorne3's Fees
In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of
the terms of this Agreement, each party is responsible for that party's own attorney fees, expenses,
costs and disbursements for the action, suit,proceeding, or appeal.
25. Choice of Law, Venue
The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon
Circuit Court in Washington County or the U.S.District Court for Oregon,Portland.
26. Compliance with State and Federal Laws/Rules
Contractor will comply with all applicable federal, state and local laws,rules and regulations applicable
to the work in this Agreement.
27. Conflict Between Terms
In the event of a conflict between the terms of this Agreement and Contractor's proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the Agreement
and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the
event of an inconsistency between Exhibit A and Exhibit B,Exhibit A will control.
28. Audit
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract period.
Contractor agrees to permit City,the State of Oregon,the federal government, or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
29. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions will not be impaired
unless the illegal or unenforceable provision affects a significant right or responsibility,in which case
the adversely affected party may request renegotiation of the Agreement and,if negotiations fail,may
terminate the Agreement.
30. Compliance with Tax Laws
Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in
violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and
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318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before
the Contractor executed this Agreement or during the term of this Agreement is a default for which the City
may terminate this Agreement and seek damages and other relief available under the terms of this Agreement
or applicable law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly
authorized officials.
CITY OF TIGARD HITTELSON&ASSOCIATES,INC.
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I3 : B LYniMAA S Sizyw
Name: Kathy Nyland Name: Hermanus Steyn
Title:
Interim City Manager Title: Senior Principal Engineer
Date:ate:
10/27/2020 10/13/2020
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EXHIBIT A
SCOPE OF SERVICES
Contractor will provide project design plans, specifications, estimates, overall project management and
coordination through bid award and construction based on the scope of services described herein.
Task 1: Project Management
Task 1.1: Project Management and Coordination
• The Contractor will check-in weekly with the City via email or phone call to ensure project
advancement. The Contractor will also complete subconsultant management, including project
check-ins, agreements, and invoicing.
Task 1.2: Progress Reports and Invoicing
• Prepare monthly electronic progress reports and invoices. The progress report will include work
completed and percent complete vs percent spent for all project phases, identify ongoing and
upcoming work items, and identify any issues or concerns. The Contractor assumes an 11-month
design schedule and a 6 month bid and construction schedule.
Task 1.3: Project Schedule and Schedule Updates
• Prepare a draft and final project schedule.
Task 1.4: Project Meetings and Site Visits
• Conduct up to two (2) site visits to confirm field conditions and survey, and to meet with project
team members and agency partners.
• Attend up to five (5) in person meetings at the City of Tigard offices (or virtually, if needed) at the
following project milestones: Kick-off meeting, 30% design review meeting, 60% design review
meeting, 90% design review meeting,and 100%design review meeting.The Contractor will prepare
the meeting agendas and meeting notes.
Task 2• Survey
Task 2.1: Topographic Mapping and Utilities
• Prepare horizontal survey for the project area for use in plan development. The survey data will be
extracted from existing mobile scan data and supplemented with field survey for utilities and
obscured areas. Survey will include all sides of each intersection extending a minimum 50 feet from
the end of the curb return and include the following: signal and utility poles, trees, driveways, curb,
sidewalk,lane striping,and underground utilities.The survey work will be prepared using the Oregon
Coordinate Reference System (OCRS) Portland zone datum and NAVD 88 Vertical Datum.
• Topographic features such as contours,grades and elevations will be collected on an as-needed basis
under contingency task C2.1.
Task 2.2: R/W Retracement
• Contractor will resolve the location of the existing Centerline(s), R/W lines, Property lines(s), to
perpetuate the location of the monuments found and document the monuments used for this project
area. A pre-construction record of survey is not included in this scope of work. Contractor will
prepare a Right-of-Way drawing in AutoCAD format.
Task 2.3: Supplemental Topographic Survey(Contingency Task
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• Following 30% design, provide topographic survey for areas where light poles are located up or
down slopes beyond the roadway.Assume up to three (3) intersections may be needed.
Task 3: Public Involvement —Public Information
The City will lead the public involvement process (including scheduling, facilitation, and public notices), and
Contractor will support the City with the following tasks.
Task 3.1: Project Description and Project Graphics
• Prepare a project description to be used on the City's project website and at an open house.
• Prepare up to thirteen (13) project graphics to be used on the City's project website and at an open
house. It is assumed one plan view graphic for each intersection and up to 3 additional exhibits.
Task 3.2: Open House
• Attend up to one (1) in-person open house,or virtual open house to be hosted by the City.
Task 4: Utilities Coordination
Contractor will oversee coordination with franchise utility providers for any utility relocation or new facilities.
Coordination will begin at 60%plan submittal.
Task 4.1: Utility Notices
• For those utility facilities where no conflict is anticipated, Contractor will provide a Project
Notification (first notice per OAR 734-055-045). Contractor shall use the Project Notification letter
template located at:https://www.oregon.gov/odot/ROW/Pages/Utility-Forms.asl2x(under"Local
Public Agency Resources" heading). The Project Notification Letter must include plan sheets
indicating location of existing utility facilities in relationship to proposed Project.
• For those utility facilities where a conflict is anticipated, Contractor shall provide a Conflict Notice
letter (first notice per OAR 734-055-045). Contractor will use the Conflict Notice letter at:
https://www.oregon.gov/odot/ROW/Pages/Utility-Fonns.aspx (under "Local Public Agency
Resources"heading).
• Contractor's coordination schedule must allow each utility owner/operator a 30 calendar day period
to respond with a proposal from date of the notice. Multiple notices or revised notices must be
created and delivered to a utility owner/operator when additional utility facility conflicts become
apparent and the utility owner/operator's response time may be shorted to 7 calendar days.
• Contractor shall examine all received utility facility relocation plans for completeness and accuracy.
If relocation plans do not resolve utility facility conflicts, Contractor must provide comments to the
utility owner/operator for correction and re-submittal. Contractor will negotiate with each
utility/operator for a utility construction work schedule that conforms to the Project construction
schedule. Contractor shall deliver a Time Requirement Letter (second notice) to each utility
owner/operator accepting or modifying the required utility facility construction time. Contractor
must use the Relocation Time Requirement letter template located at:
https://www.oregon.gov/odot/ROW/Pages/Utility-Fonns.asi2x (under "Local Public Agency
Resources"heading).
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Task 4.2: ODOT Utility Certification
• Contractor will complete and sign the Utility Certification verifying that all utility facility relocation
work has been completed, or that all necessary arrangements have been made for the utility facility
relocations work to be undertaken and completed as required for proper coordination with the
physical construction schedule.
Task 4.3: ODOT ROW Permit Preparation
• Prepare an ODOT utility permit for work to be conducted within ODOT's right-of-way.
Task 4.4: PGE Permit Preparation
• Prepare PGE service requests for any new service cabinets needed or other PGE related permits for
relocation and energizing.
Task 4.5: Tigard Tree Removal Application
• Prepare a City application to remove street trees.
Task 5: Engineering Design
Contractor will prepare an illumination report and design plans documenting the need and proposed lighting
improvements at each intersection. The following plan sheets are assumed:
1. Cover Sheet
2. Street Lighting Legend
3. Street Lighting Plan (for each intersection, 10 total)
4. Street Lighting Schematic and Details
5. Street Lighting Standard Drawings (ODOT and City Drawings)
6. Street Lighting Photometric (for each intersection, 10 total)
Task 5.1: Illumination Report
• Prepare a draft and final illumination report and figures that documents the appropriate target and
design light levels for the intersections and pedestrian conflict areas. An evaluation of crash history
will also be provided.
Task 5.2: 30%Design Plans and Estimate
• Prepare 30% design plans for each intersection showing where new light poles and luminaires are
needed.
• Prepare 30%cost estimate.
• Prepare a geotechnical evaluation of the new pole locations as to whether standard light pole footings
are adequate. Complete a visual review of pole locations to evaluate potential for contaminated
materials to be encountered during foundation installation. Geotechnical evaluation will consist of
site visit to each location, and review of available geotechnical information contained in GRI's files
and available from ODOT. Locations needing additional geotechnical or hazardous materials
investigation will be identified.
• A combined geotechnical and hazmat memorandum will be prepared to discuss the suitability of the
use of ODOT standard foundation plans for the new light poles with respect to conditions observed
in the field and the potential presence of hazardous materials. The memorandum will be provided
in electronic format as a draft document,and will be re-issued as a final,stamped document following
review by the project team.
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Task 5.3: 60%Design Plans, Specifications, and Estimate
• Prepare 60%design plans with additional details such as cabinet,conduit,and junction box locations,
and address 30% review comments.
• Prepare project special provisions and cost estimate.
• Coordinate with PGE and ODOT to determine anticipated power source locations.
• Prepare voltage drop calculations (only for ODOT-owned illumination systems).
• Provide comment responses and resolution in comment log.
Task 5.4: 90%Design Plans, Specifications, and Estimate
• Prepare 90%design plans, specifications, and estimates that address 60% review comments.
Task 5.5: 100%Design Plans, Specifications, and Estimate
• Prepare 100% bid ready design plans, specifications, and estimate that address 90% review
comments.
Task 5.6: Foundation Design (Contingency Task)
• Prepare foundation designs for up to 8 light poles,if deemed necessary during the 30%geotechnical
review. Locations identified during the site visits as requiring additional geotechnical evaluation may
be evaluated with a shallow hand-augered boring or hand excavated test pit advanced within the
ROW. It is assumed all work can take place during the day and will not require traffic control. We
anticipate an ODOT ROW permit will be required for the work. Some samples may be obtained
and returned to our laboratory for limited testing.
• A memorandum will be prepared providing foundation recommendations for each location. The
memorandum will be provided in electronic format as a draft document, and will be re-issued as a
final, stamped document following review of the project team.
Task 5.7: Hazardous Materials Evaluation (Contingency Task)
• Complete hazardous materials evaluation for new pole locations, if deemed necessary during the
30% design.
• Locations identified during the site visit that could potentially encounter hazardous materials will be
evaluated using review of existing information contained in GRI's files and available from ODOT.
• A memorandum will be prepared providing hazmat recommendations for each location. If
warranted, Special Provision language will be prepared to assist with management of potential
contaminated soil that may be encountered during construction.
Task 5.8: Traffic Control and TPAR Plans (Contingency Task)
• Prepare detailed traffic control and temporary pedestrian accessible route plans for up to 5
intersections,if deemed necessary during 60% design.
Task 6: ROW Services (Contingency Task)
Contractor will lead the work related to ROW services for potential ROW takes and easements as required
for pole placement.
Task 6.1: Legal Descriptions and Exhibits (Contingency Task)
• Prepare draft and final legal descriptions and exhibits for ROW takes and easements. Assume up to
6 legal descriptions may be needed.
Task 6.2: Resolution of Necessity for City Council (Contingency Task)
• Prepare draft and final Resolution of Necessity for City Council.
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• Contractor shall be responsible for ordering and payment of preliminary title report if needed.
Preliminary title reports may be needed for development of the legal descriptions and may need to
be ordered prior to preparation of legal descriptions.
• Contractor shall generate and deliver the General Information Notice (GIN), and a copy of the
applicable portion of the ROW Acquisition map to owners and occupants of affected properties.
Task 6.3: Property Appraisals (Contingency Task)
• Order and review property appraisals for up to 2 properties.
Task 6.4: Negotiations and Property Acquisition (Contingency Task)
• Support the City with property negotiations, acquisition preparation, settlement, and eminent
domain. Assume up to 2 properties.
Task 7: Bid Assistance
Contractor will assist the City during the bid and award periods to prepare necessary documentation and
respond to questions.
Task 7.1: Bid Documentation
• Prepare bid schedule and specifications package.
Task 7.2: Bid Inquiries
• Respond to bidder's questions to clarify intentions of design documents.
Task 7.3: Bid Addenda
• Prepare text and plan modifications of any addenda determined to be necessary by the City.
Task 7.4: Bid Pricing
• Review the bid pricing with the City PM.
Task 8: Construction Support
Contractor will provide support to the City during construction.
Task 8.1: Submittal Review
• Review and provide comments on material submittals and shop drawings to the City within 5
business days.
Task 8.2: Respond to RFI
• Review and provide responses to requests-for-information(RFIs)to the City within 3 business days.
• Conduct up to two (2) site visits to review contractor questions in the field.
Task 8.3: Prepare Record Drawings
• Prepare record drawings showing as-constructed facilities based on field observation and contractor
provided notes. Provide record drawings in PDF and AutoCAD formats.
Task 8.4: Project Closeout
• Conduct one (1) project walk-through with City staff and contractor.
• Provide all project files to the City.
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IZI KITTELSON
K & ASSOCIATES
KITTELSON&ASSOCIATES,INC.
BILLING RATE SCHEDULE
Effective January 1,2020
The current billing rates for Kittelson&Associates, Inc., staff are as follows and are subject to
change:
Staff Billing Rate
Principal/Senior Principal $235 - $320
Wade Scarbrough $250
Associate Engineer/Planner $200 - $230
Senior Engineer/Planner $170- $195
Jeff Whitman $185
Engineer/Planner $150- $170
Nicholas Polenske $160
Transportation Analyst $130- $145
Principal Data Scientist/Developer $235 - $320
Senior Data Scientist/Developer $190 -$230
Data Scientist/Developer $160- $190
Data Analyst/Software Developer $120- $155
Software Technician $90- $115
Associate Technician $160- $190
Senior Technician $145 - $160
John Henriksen $155
Technician 11 X125 -S140
Alicia Cary $130
Technician I $105 - $120
Office Support $70- $100
Service&Other Direct Costs Billing Rate
Mileage $.575/mile
Travel &Other Direct Costs Actual plus 10%markup
Subconsultants Actual plus 10%markup