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KPFF Engineering ~ C210077 CITY OF TIGARD, OREGON - CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVERY CONTRACT) Contract Title: ESA - On-Call Services: Utility Project Planning and Engineering Number: C210077____________ Contractor: KPFF Engineering Contract Total: NTE $250k per task order Contract Overview: On-Call Contract______________ 1.0 Utility Project Planning and Engineering Initial Risk Level: Extreme High Moderate Low Risk Reduction Steps: Following Risk Matrix. Any issues will be addressed on a project need basis at time PO is issued Risk Comments: Risk Signature: Contract Manager: Lori Faha Ext: 2759 Department: PW/Engineering Type: Personal Svc Professional Svc Public Imp General Svc Coop Purchase Other: Engineering Svs. Start Date: 2/1/2021 End Date: 1/31/2024 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE QBS RFP 2021-06 (scoring in file) Account String: Fund-Division-Account Work Order – Activity Type Amount FY PO will determine NTE $250,000 per task order FY FY FY FY Approvals - LCRB Date: 1/26/2021 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. Contract No. C210077 CI I N IN IC N NC CII NININ N IC II C NNIN N NININ I N, made and entered into this 1st day of Febrary, 1, by and beteen the ity of iard, a mniia ororation, hereinafter referred to as the ity, and FF, n, hereinafter referred to as the ontrator CI , the itys Fisa ear 1 bdet roides for na ii nineerin and eated series and , the aomishment of the or and series desribed in this reement is neessary and essentia to the roram of the ity and , the ity desires to enae the ontrator to render rofessiona ii nineerin and eated series for na series, and the ontrator is iin and aified to erform sh series , in onsideration of the romises and oenants ontained herein, the arties hereby aree as foos 1.co o rc .ontrator i erform rofessiona series in aordane ith the terms and onditions set forth herein, and as roided in hibit , hih is attahed hereto and by this referene made a art of this reement .as rders etaied statements of disrete or, tass and the reired time of erformane for sh or i be set forth by indiida as rder and mst not eeed o ndred Fifty hosand and o1 oars , 1.as rders may ony be issed hen the arties hae neotiated a the materia terms and onditions of the aiabe series in adane, indin ithot imitation the ontent reired of sh as rder 2.as rders mst be in ritin and mst inde a detaied soe of or, erformane shede statin aiabe dates and time eriods, ontrators staff that i be orin on the as rder or soe and a ine item bdet eary statin abor and eiment osts onsistent ith this reements omensation terms .as rders i be neotiated on a rotationa basis n the eent the ity and ontrator annot reah a faorabe areement on the maimm omensation for a seifi as rder, the ity may terminate neotiations and ommene neotiations ith the net ontrator for the rotationa ist for that ateory of serie 2.ct at an raton his reement is effetie on the date of eetion and eires on anary 1, , ness otherise terminated or etended he initia term of the ontrat sha be a eriod of three years ith the mta otion to rene for to to additiona years he tota term of the ontrat annot eeed fie years or nder this reement mst be ometed rior to the eiration of this reement .Conaton .he maimm that ontrator may be aid er as rder the not to eeed amont of o ndred Fifty hosand and o1 oars , ithot rior ritten athoriation he not to eeed amont indes a ayments to be made rsant to this reement, indin reimbrsabe eenses, if any othin in this reement reires the ity to ay for or that does not meet the standard of are that od ordinariy be sed by simiar rofessionas in this ommnity in simiar irmstanes or other reirements of the reement he ata amont to be aid to ontrator may be ess than the not to eeed amont he ata amont to be aid to ontrator may be ess than that amont .omensation for rofessiona series as desribed in hibit i be aid on an hory rate based on the hede of ates in hibit of this reement, hih i onstitte f and omete ayment for said series and a eenditres hih may be made and eenses inrred, eet as otherise eressy roided in this reement tandard reimbrsabe osts i be reimbrsed ithot mar C.nna adstment of hory rates i be onsidered on ritten reest from ontrator roa of a reest for rate inreases is soey ithin the itys disretion and nder no irmstanes is the ity obiated to aroe sh a reest ate inreases are sbet to the fooin imitations o inreases i be ranted before the oneyear anniersary of the reement o more than one inrease i be ranted annay ate inreases may not eeed the then rrent aerae infation rate for the ortand etrooitan rea as determined from the eartment of abor statistis ate inreases annot be retroatie .ontrator is entited to reeie roress ayments for its or rsant to any issed as rder he ity i ay ontrator based on these inoies for aetabe or erformed and aroed nti the not to eeed amont is reahed hereafter, ontrator mst omete or based on the reement ithot additiona omensation ness there is a hane to the soe of or .ny estimate of the hors neessary to erform the or is not bindin on the ity ontrator remains resonsibe if the estimate roes to be inorret eedin the nmber of estimated hors of or does not imose any iabiity on the ity for additiona ayment .ayment i be made on reeit of biins based on the or ometed ontrator i sbmit biins to ity eriodiay, bt not more freenty than monthy ayment by the ity reeases the ity from any frther obiation for ayment to ontrator for serie or series erformed or eenses inrred as of the date of the statement of series ayment i be made ony for or atay ometed as of the date of inoie ayment i not be onsidered aetane or aroa of any or or aier of any defets therein .ontrator mst frnish ertified ost reords for a biins to sbstantiate a hares ontrators aonts are sbet to adit by the ity ontrator i sbmit biins in a form satisfatory to the ity t a minimm, eah biin i identify the as rder nder hih sh or is erformed, or ometed drin the biin eriod, erentae of or ometed to date, and erentae of bdet sed to date for eah tas iins mst aso inde ontrators emoyer identifiation nmber or soia serity nmber, as the ity deems aiabe .enera erms 1ontrator mst mae ayments romty, as de, to a ersons syin abor or materias for the erformane of the or roided for in this reement 2ontrator may not ermit any ien or aim to be fied or roseted aainst the ity on any aont of any abor or materia frnished ontrator i ay to the eartment of eene a sms ithhed from emoyees rsant to 11 ontrator i ay a ontribtions or amonts de the ndstria ident Fnd from the ontrator or any sbontrator f ontrator fais, neets, or refses to mae romt ayment of any aim for abor or series frnished to ontrator or a sbontrator by any erson as sh aim beomes de, itys Finane iretor may ay sh aim and hare the amont of the ayment aainst fnds de or to beome de the ontrator he ayment of the aim in this manner does not reiee ontrator or their srety from obiation ith reset to any naid aims ontrator i romty, as de, mae ayment to any erson, oartnershi, assoiation, or ororation, frnishin media, sria, and hosita are or other needed are and attention, inident to siness or inry, to the emoyees of ontrator, of a sms that ontrator arees to ay for the series and a moneys and sms that ontrator oeted or dedted from the aes of emoyees rsant to any a, ontrat, or areement for the rose of roidin or ayin for series ontrator and its emoyees, if any, are not atie members of the reon bi moyees etirement ystem and are not emoyed for a tota of hors or more in the aendar year by any bi emoyer artiiatin in the etirement ystem ontrator mst obtain, rior to the eetion of any erformane nder this reement, a ity of iard siness iense he iard siness iense is based on a aendar year ith a eember 1st eiration date e bsinesses oeratin in iard after ne th of the rrent year i ay a rorated fee thoh the end of the aendar year he ity ertifies that sffiient fnds are aaiabe and athoried for this reement drin the rrent fisa year Fndin drin ftre fisa years is sbet to bdet aroa by iards ity oni .nr o an an ocnt cor .he fied notes, desin notes, and oriina drains of the onstrtion ans, as instrments of serie, are the roerty of ontrator hoeer, the ity may reest, at no additiona ost, one set of reiosy aroed rerodibe drains, as e as storae deie sh as thmb drie or ard in or F format, of the oriina drains of the or he ity has nimited athority to se the materias reeied from ontrator in any ay the ity deems neessary .he ity may mae oies, for the se of and ithot ost to ontrator, of a of its mas, reords, aboratory tests, or other data ertinent to the or to be erformed by the ontrator rsant to this reement, and aso mae aaiabe any other mas, reords, or other materias aaiabe to the ity from any other bi aeny or body .he ontrator i frnish to the ity, oies of a mas, reords, fied notes, and soi tests hih ere deeoed in the orse of or for the ity and for hih omensation has been reeied by ontrator at no additiona eense to the ity, eet as roided esehere in this reement .on ometion of a roet, oies of a materias enerated in the orse of the roet sha be roided to the ity in both rerodibe hardoy and oriina eetroni format and . materias and doments aired or roded in onntion ith a roet sha be deiered to and beome the roerty of the ity of iard, ithot restrition or imitation of their ftre se .nntaton either arty may assin, sbet or transfer any interest in or dty nder this reement ithot the ritten onsent of the other and no assinment has any fore or effet ness and nti the other arty has onsented f ity arees to assinment of tass to a sbontrat, ontrator is fy resonsibe for the ats or omissions of any sbontrators and of a ersons emoyed by them either the aroa by ity of any sbontrator nor anythin ontained herein reates any ontrata reation beteen the sbontrator and ity he roisions of this reement are bindin on and i inre to the benefit of the arties to the reement and their resetie sessors and assins .tat o Contractor a Innnt Contractor ontrator ertifies that .ontrator anoedes that for a roses reated to this reement, ontrator is an indeendent ontrator as defined by and not an emoyee of ity ontrator is not entited to benefits of any ind to hih an emoyee of ity is entited and is soey resonsibe for a ayments and taes reired by a Frthermore, in the eent that ontrator is fond by a ort of a or any administratie aeny to be an emoyee of ity for any rose, ity is entited to offset omensation de, or to demand reayment of any amonts aid to ontrator nder the terms of this reement, to the f etent of any benefits or other remneration ontrator reeies from ity or third arty as a rest of said findin and to the f etent of any ayments that ity is reired to mae to ontrator or to a third arty as a rest of said findin .ontrator is not an offier, emoyee, or aent of the ity as those terms are sed in .Conct o Intrt he ndersined ontrator hereby reresents that no emoyee of the ity, or any artnershi or ororation in hih a ity emoyee has an interest, has or i reeie any remneration of any desrition from ontrator, either direty or indirety, in onnetion ith the ettin or erformane of this reement, eet as seifiay deared in ritin f this ayment is to be hared aainst Federa fnds, ontrator ertifies that heshe is not rrenty emoyed by the Federa oernment and the amont hared does not eeed his or her norma hare for the tye of serie roided .Inncaton .ity has reied on the rofessiona abiity and trainin of ontrator as a materia indement to enter into this reement ontrator reresents that a of its or i be erformed in aordane ith eneray aeted rofessiona raties and standards as e as the reirements of aiabe federa, state, and oa as, it bein nderstood that aetane of a ontrators or by ity i not oerate as a aier or reease etane of doments by ity does not reiee ontrator of any resonsibiity for desin defiienies, errors or omissions .aims for other than rofessiona iabiity ontrator arees to indemnify, defend, sae, and hod harmess the ity of iard, its offiers, emoyees, aents, and reresentaties from a aims, sits, or ations and a eenses inidenta to the inestiation and defense thereof, of hatsoeer natre, indin intentiona ats restin from or arisin ot of the atiities of ontrator or its sbontrators, sbonstants, aents or emoyees in erformane of this ontrat at both tria and aea ee, hether or not a tria or aea eer taes ae indin any hearin before federa or state administratie aenies f any aset of this indemnity is fond to be iea or inaid for any reason hatsoeer, sh ieaity or inaidity does not affet the aidity of the remainder of this indemnifiation .aims for rofessiona iabiity ontrator arees to indemnify, defend, sae, and hod harmess the ity of iard, its offiers, emoyees, aents, and reresentaties from a aims, sits, or ations and a eenses inidenta to the inestiation and defense thereof, to the etent ased by the rofessiona neient ats, errors or omissions of ontrator or its sbontrators, sb onstants, aents or emoyees in erformane of rofessiona series nder this areement ny or by ontrator that rests in a desin of a faiity that is not readiy aessibe to and sabe by indiidas ith disabiities i be onsidered a rofessionay neient at, error, or omission .s sed in sbsetions and of this setion, a aim for rofessiona iabiity is a aim made aainst the ity in hih the itys aeed iabiity rests direty or indirety, in hoe or in art, from the aity of the rofessiona series roided by ontrator, reardess of the tye of aim made aainst the ity in erformane of this reement aim for other than rofessiona iabiity is a aim made aainst the ity in hih the itys aeed iabiity rests from an at or omission by ontrator nreated to the aity of rofessiona series roided by ontrator in erformane of this reement . Inranc ontrator and its sbontrators mst maintain insrane aetabe to ity in f fore and effet throhot the term of this ontrat h insrane mst oer riss arisin direty or indirety ot of ontrators atiities or or herender, indin the oerations of its sbontrators of any tier he oiy or oiies of insrane maintained by the ontrator mst roide at east the fooin imits and oeraes .Corca nra at Inranc ontrator i obtain, at ontrators eense, and ee in effet drin the term of this ontrat, omrehensie enera iabiity nsrane oerin odiy nry and roerty amae on an orrene form 1 11 or eiaent his oerae mst inde ontrata iabiity insrane for the indemnity roided nder this ontrat he fooin insrane i be arried, and oerae mst inde rodtsometed erations, ersona dertisin nry and amae to ented remises Cora t enera reate ,, ah rrene ,, .roona at ontrator mst obtain, at ontrators eense, and ee in effet drin the term of this ontrat, rofessiona iabiity nsrane oerin any damaes ased by any ata or aeed neient at, error, or omission in the renderin of or faire to render rofessiona eries ombined sine imit er aim may not be ess than ,,, or the eiaent nna areate imit may not be ess than ,, and fied on a aimsmade form .Corca too Inranc ontrator mst aso obtain, at ontrators eense, and ee in effet drin the term of the ontrat, ommeria tomobie iabiity oerae indin oerae for a oned, hired, and nononed ehies on an orrene form he ombined ine imit er orrene may not be ess than ,, f ontrator ses a ersonayoned ehie for bsiness se nder this ontrat, the ontrator i obtain, at ontrators eense, and ee in effet drin the term of the ontrat, bsiness atomobie iabiity oerae for a oned ehies on an orrene form he ombined ine imit er orrene may not be ess than ,, .orr Conaton Inranc he ontrator, its sbontrators, if any, and a emoyers roidin or, abor, or materias nder this ontrat that are sbet emoyers nder the reon orers omensation a mst omy ith 1, hih reires them to roide orers omensation oerae that satisfies reon a for a their sbet orers tofstate emoyers mst roide reon orers omensation oerae for their orers ho or at a sine oation ithin reon for more than days in a aendar year ontrators ho erform or ithot the assistane or abor of any emoyee need not obtain orers omensation oerae non eemt emoyers mst roide moyers iabiity nsrane ith oerae imits of not ess than 1,, eah aident .tona Inr roon reired insrane oiies, other than orers omensation and rofessiona iabiity, mst name the ity its offiers, emoyees, aents, and reresentaties as additiona insreds ith reset to this reement .tn ortn Cora f any of the reired iabiity insrane is arraned on a aimsmade basis, tended eortin oerae i be reired at the ometion of this ontrat to a dration of months or, if ess than months, the maimm timeeriod ontrators insrer i roide ontrator i be resonsibe for frnishin ertifiation of tended eortin oerae as desribed or ontinos aimsmade iabiity oerae for months fooin ontrat ometion ontinos aims made oerae i be aetabe in ie of tended eortin oerae, roided its retroatie date is on or before the effetie date of this ontrat oerae i be endorsed to roide a er roet areate .Inranc Carrr atn oeraes roided by the ontrator mst be nderritten by an insrane omany deemed aetabe by the ity oiies of insrane mst be ritten by omanies hain an est ratin of or better, or eiaent he ity reseres the riht to reet a or any insrane arriers ith an naetabe finania ratin .Inranc he ity nderstands that some ontrators may sefinsre for bsiness riss and the ity i onsider hether sh sefinsrane is aetabe if it meets the minimm insrane reirements for the tye of oerae reired f ontrator is sefinsred for ommeria enera iabiity or atomobie iabiity insrane, ontrator mst roide eidene of sh sefinsrane ontrator mst roide a ertifiate of nsrane shoin eidene of the oerae amonts on a form aetabe to the ity he ity reseres the riht in its soe disretion to determine hether sefinsrane is adeate .Crtcat o Inranc s eidene of the insrane oerae reired by the ontrat, ontrator i frnish a ertifiate of nsrane to the ity o ontrat is effetie nti the reired ertifiates of nsrane hae been reeied and aroed by the ity he ertifiate i seify and doment a roisions ithin this ontrat and inde a oy of dditiona nsred ndorsement renea ertifiate i be sent to the beo address rior to oerae eiration .rar Cora Carcaton he arties aree that ontrators oerae is rimary to the etent ermitted by a he arties frther aree that other insrane maintained by the ity is eess and not ontribtory insrane ith the insrane reired in this setion .Croat Ca rossiabiity ase or searation of insreds ase i be inded in a enera iabiity, rofessiona iabiity, otion, and errors and omissions oiies reired by this reement ertifiate in form satisfatory to the ity ertifyin to the issane of sh insrane i be forarded to ity of iard ttn ontrats and rhasin ffie 11 a d iard, reon ontratsrhasintiardoro t the disretion of the ity, a oy of eah insrane oiy, ertified as a tre oy by an athoried reresentatie of the issin insrane omany, may be reired to be forarded to the aboe address h oiies or ertifiates mst be deiered rior to ommenement of the or he rorin of sh reired insrane i not be onstred to imit ontrators iabiity herender otithstandin said insrane, ontrator is obiated for the tota amont of any damae, inry, or oss ased by neiene or neet onneted ith this reement 10. to ac o ttn Notc an ant noties, bis and ayments i be made in ritin and may be ien by ersona deiery, mai, or by fa ayments may be made by ersona deiery, mai, or eetroni transfer he fooin addresses i be sed to transmit noties, bis, ayments, and other information CI I INC ttn ori Faha ttn eter rai, ddress 11 a d iard, ddress 111 th e te ortand hone 1 hone mai oriftiardoro mai eterraiffom otie i be deemed ien on deosit in the nited tates mai, ostae reaid, or hen so faed, on sessf fa n a other instanes, noties, bis and ayments i be deemed ien at the time of ata deiery hanes may be made in the names and addresses of the erson to ho noties, bis, and ayments are to be ien by iin ritten notie rsant to this ararah 11. ra he terms, onditions, reresentations, and arranties ontained in this reement srie the termination or eiration of this reement 12. rr his ritin is intended both as a fina eression of the reement beteen the arties ith reset to the inded terms and as a omete and esie statement of the terms of the reement o modifiation of this reement i be effetie ness and nti it is made in ritin and sined by both arties 1. rnaton tot Ca t any time and ithot ase, ity has the riht in its soe disretion to terminate this reement by iin notie to ontrator f ity terminates this reement rsant to this ararah, ity i ay ontrator for series rendered to the date of termination 1. rnaton or Ca .ity may terminate this reement effetie on deiery of ritten notie to ontrator, or at sh ater date as may be estabished by ity, nder any of the fooin onditions 1f ity fndin from federa, state, oa, or other sores is not obtained and ontined at ees sffiient to ao for the rhase of the indiated antity of series his reement may be modified to aommodate a redtion in fnds 2f Federa or tate reations or ideines are modified, haned, or interreted in sh a ay that the series are no oner aoabe or aroriate for rhase nder this reement f any iense or ertifiate reired by a or reation to be hed by ontrator, its sbontrators, aents, and emoyees to roide the series reired by this reement is for any reason denied, reoed, or not reneed f ontrator beomes insoent, if ontary or inontary etition in banrty is fied by or aainst ontrator, if a reeier or trstee is aointed for ontrator, or if there is an assinment for the benefit of reditors of ontrator ny sh termination of this reement nder ararah i be ithot redie to any obiations or iabiities of either arty aready ared rior to sh termination .ity, by ritten notie of defat indin breah of ontrat to ontrator, may terminate the hoe or any art of this reement 1f ontrator fais to roide series aed for by this reement ithin the time seified, or 2f ontrator fais to erform any of the other roisions of this reement or fais to rse the or as to endaner erformane of this reement in aordane ith its terms, and after reeit of ritten notie from ity, fais to orret sh faires ithin ten 1 days or sh other eriod as ity may athorie he rihts and remedies of ity roided aboe reated to defats indin breah of ontrat by ontrator are not esie and are in addition to any other rihts and remedies roided by a or nder this reement f ity terminates this reement nder ararah , ontrator i be entited to reeie as f ayment for a series satisfatoriy rendered and eenses inrred, roided, that the ity may dedt the amont of damaes, if any, sstained by ity de to breah of ontrat by ontrator amaes for breah of ontrat inde those aoed by reon a, reasonabe and neessary attorney fees, and other osts of itiation at tria and on aea 1. cc to cor ity i hae aess to sh boos, doments, aers and reords of ontrator as are direty ertinent to this reement for the rose of main adit, eamination, eerts and transrits 1. aaro atra ontrator i omy ith a federa ationa afety and eath dministration reirements and a reon safety and heath reirements n aordane ith and reon aard ommniation es, if any oods or series roided nder this reement may reease, or otherise rest in an eosre to, a haardos hemia nder norma onditions of se for eame, emoyees of a onstrtion ontrator orin onsite, it is the resonsibiity of ontrator to roide the ity ith the fooin information a aiabe afety ata heet, the identity of the hemias, ho ontrator i inform emoyees abot any reations neessary, an eanation of any abein system, and the safe or raties to reent eosre n addition, ontrator mst abe, ta, or mar sh oods 17. orc ar either ity nor ontrator i be onsidered in defat bease of any deays in ometion and resonsibiities herender de to ases beyond the ontro and ithot fat or neiene on the art of the arties so disenabed, indin bt not restrited to, an at of od or of a bi enemy, ii nrest, oano, earthae, fire, food, eidemi, arantine restrition, areaide strie, freiht embaro, nsay seere eather or deay of sbontrator or sies de to sh ase roided that the arties so disenabed i ithin ten 1 days from the beinnin of sh deay, notify the other arty in ritin of the ase of deay and its robabe etent h notifiation i not be the basis for a aim for additiona omensation ah arty i, hoeer, mae a reasonabe efforts to remoe or eiminate sh a ase of deay or defat and i, on essation of the ase, diienty rse erformane of its obiation nder the reement 1. Nonar he faire of ity to insist on or enfore strit erformane by ontrator of any of the terms of this reement or to eerise any rihts herender shod not be onstred as a aier or reinishment to any etent of its rihts to assert or rey on sh terms or rihts on any ftre oasion 1. or o aor a t n aordane ith , the fooin are hereby inororated in f by this referene .ontrator may not emoy an indiida for more than 1 hors in any one day, or hors in any one ee, eet as roided by a For ontrats for ersona series, as defined in , ontrator mst ay emoyees at east time and a haf ay for a oertime the emoyees or in eess of hors in any one ee, eet for emoyees ho are eded nder 1 to 1 or nder 1 to from reeiin oertime .ontrator mst ie notie in ritin to emoyees ho or on a bi ontrat, either at the time of hire or before ommenement of or on the ontrat, or by ositin a notie in a oation freented by emoyees, of the nmber of hors er day and days er ee that the emoyees may be reired to or .ontrator may not rohibit any of ontrators emoyees from disssin the emoyees rate of ae, saary, benefits or other omensation ith another emoyee or another erson and may not retaiate aainst an emoyee ho dissses the emoyees rate of ae, saary, benefits or other omensation ith another emoyee or another erson .ontrator mst omy ith the ay eity roisions in omiane is a materia eement of this reement and faire to omy i be deemed a breah that entites ity to terminate this reement for ase 20. Noncrnaton ontrator i omy ith a federa, state, and oa as, odes, reations, and ordinanes aiabe to the roision of series nder this reement, indin, ithot imitation .ite of the ii ihts t of 1 .etion of the ehabiitation t of 1 .he merians ith isabiities t of 1, as amended by the mendments t of b o 11 and . 1, indin a amendments of and reations and administratie res, and a other aiabe reirements of federa and state ii rihts and rehabiitation stattes, res and reations 21. rror ontrator i erform sh additiona or as may be neessary to orret errors in the or reired nder this reement ithot nde deays and ithot additiona ost 22. tra or Can ny the itys roet anaer for this reement may hane or athorie additiona or Faire of ontrator to sere athoriation for etra or onstittes a aier of a riht to adst the ontrat rie or ontrat time de to sh nathoried etra or and ontrator i not be entited to omensation for the erformane of nathoried or 2. arrant ontrator arantees that rofessiona series i be erformed to the rofessiona si and are ordinariy roided by firms ratiin in the same or simiar oaity nder the same or simiar irmstanes either aetane of the or nor ayment therefore reiees ontrator from iabiity nder arranties ontained in or imied by this reement ny inteeta roerty rihts deiered to the ity nder this reement and ontrators series rendered in the erformane of ontrators obiations nder this reement, i be roided to the ity free and ear of any and a restritions on or onditions of se, transfer, modifiation, or assinment, and be free and ear of any and a iens, aims, mortaes, serity interests, iabiities, hares, and enmbranes of any ind 2. ttorn n the eent an ation, sit of roeedin, indin aea, is broht for faire to obsere any of the terms of this reement, eah arty is resonsibe for that artys on attorney fees, eenses, osts and disbrsements for the ation, sit, roeedin, or aea 2. Coc o a n he roisions of this reement are oerned by reon a ene i be the tate of reon irit ort in ashinton onty or the istrit ort for reon, ortand 2. Coanc t tat an ra a ontrator i omy ith a aiabe federa, state and oa as, res and reations aiabe to the or in this reement 27. Conct tn r n the eent of a onfit beteen the terms of this reement and ontrators roosa, this reement i ontro n the eent of onfit beteen a roision in the main body of the reement and a roision in the hibits, the roision in the main body of the reement i ontro n the eent of an inonsisteny beteen hibit and hibit , hibit i ontro 2. t ontrator i maintain reords to assre onformane ith the terms and onditions of this reement and to assre adeate erformane and arate eenditres ithin the ontrat eriod ontrator arees to ermit ity, the tate of reon, the federa oernment, or their dy athoried reresentaties to adit a reords ertainin to this reement to assre the arate eenditre of fnds 2. rat n the eent any roision or ortion of this reement is hed to be nenforeabe or inaid by any ort of ometent risdition, the aidity of the remainin terms and roisions i not be imaired ness the iea or nenforeabe roision affets a sinifiant riht or resonsibiity, in hih ase the adersey affeted arty may reest reneotiation of the reement and, if neotiations fai, may terminate the reement 0. Coanc t a a ontrator reresents and arrants that ontrator is, to the best of the ndersineds noede, not in ioation of any reon ta as indin bt not imited to and haters 1, 1, and 1 ontrators faire to omy ith the ta as of this state or a oitia sbdiision of this state before the ontrator eeted this reement or drin the term of this reement is a defat for hih the ity may terminate this reement and see damaes and other reief aaiabe nder the terms of this reement or aiabe a IN IN , ity and ontrator hae ased this reement to be eeted by their dy athoried offiias arded by iards oa ontrat eie oard at their anary , 1 meetin CI I INC inatre inatre ame ame ite ite ate ate Curtis C. Vanderzanden Principal January 28, 2021 Steve Rymer City Manager 2/3/2021 II C IC he tass beo are intended to indiate the broad and dierse rane of series the ity may ontrat for and not neessariy the soe of a tyia as rder .C NN 1.or soe and roosa deeoment assistane for a artiar as rder 2.reare and maintain the roet shede and manae onstant staff and sbonstants to meet shede roet miestones .hede and ondt roet meetins and reare aendas and meetin notes .reare monthy roress reorts, inoies, and ost erss bdet s erent omete reorts .CNC NNIN N NININ 1.esearh asbit reords and other historia data 2.erform tehnia eaations, iteratre researh, fied inestiations, mathematia anayses, omter modein, ermittin aeny oordination, andor other or to determine rrent onditions and otentia onstraints and fata fas affetin the ermittin or onstrtion of a ftre roet .dentify and eaate onet ee roet aternaties and reare oneta desins and ost estimates for ftre roets .reate roet desin riteria andor erformane riteria for ftre roets .date eistin infrastrtre system master ans .artiiateead bi meetins to forard oneta desin and soiit bi int C.IIN N IN IN 1.reare reiminary , and fina roet desins, drains, and seifiations based on ity tandards, reon eartment of ransortation tandards, ean ater eries tandards andor other standards, indin rearin sementa enera onditions and seia roisions reare nineers stimates and id oments 2.erform seiaied fied inestiations sh as soi borins and other eotehnia inestiations, ater aity samin, oen hanne fo measrements, aement manaement sreys, ieine ondition assessments and ea stdies, traffi and edestrian stdies, seed stdies, sina timin eaations, and ontaminated sois inestiations and ans .ondt desin reie meetins, doment and distribte reie omments, and reise desins, drains, seifiations, and ontrat doments as needed .erform fied and toorahi sreys to sort onet desins andor fina desin and drain rearation .reare enironmenta reies and domentation, enironmenta ermit aiation sbmittas , and ermittin aeny oordination .reare doments and mas for rihtofay, easement, and roerty aisitions, and assist ith tite or and neotiations .CNCIN NININ N I IC 1.erform sreyin series as reested drin onstrtion 2.erform asbit sreys, estabish fina srey monments er ashinton onty standards, and fie offiia mas ith the ity or onty as needed .roide onsite enineerin and insetion sort drin onstrtion, indin fied eaation of seifiation omiane, sbmitta reies, hane order reies, desin reisions, biin and antity reies, onstrtion manaement, and ae enineerin reies .reare hard oy and eetroni asbit reord drains fooin onstrtion ometion .roide seia insetions and testin series .INIIN I N N CNIN 1.ost of serie anayses e, rate stdies and eaations 2.nironmenta stdies, assessments, reorts, and sbmittas sh as etand deineations, mitiation ans, and oint ermit iations, and ontaminated sois or rondater manaement ans .eatory omiane stdies and sbmittas sh as those reired for and se or enironmenta ermittin .eismi and strtra anayses .Forensi inestiations and anayses .omter aiations sort series , , to 7.rondater .raffi fo and safety anayses .ain, biyin, and transit omatibiity anayses 10.rahis and isaiations Hourly Rates KPFF Consulting Engineers Civil Engineering + Land Surveying January 1, 2021 through December 31, 2021 CIVIL RATES Principal $235 Senior Project Manager $195 Project Manager $180 Project Engineer $150 Design Engineer/Designer $130 Draftsperson/Technician $120 Project Administrator $100 SURVEY RATES Principal $235 Survey Manager $180 Project Surveyor $130 Survey Technician $110 Two-Person Survey Crew $185 Project Administrator $100 EXPENSES RATES Mileage $0.575 /mile 111 SW Fifth Avenue, Suite 2600, Portland, OR 97204 503.542.3860 FAX 503.274.4681 Eugene, OR Portland, OR Washington DC EXHIBIT B