Henderson Land Services - 0602003 CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
STORM DRAINAGE MAJOR MAINTENANCE WAVERLY DRIVE—FILE 0603
RED ROCK CREE SANITARY SEWER REPAIR—FILE 0602
THIS AGREEMENT made and entered into this 26 of June, 2007 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and Henderson Land Services, 200
North State Street,Suite 103,Lake Oswego,OR 97034,hereinafter called Consultant.
RECITALS
WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the
services described in Consultant's bid or proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant agrees to provide services related to bid preparation services for Storm water outfall
repair behind 9080 & 9118 SW Waverly Drive and Red Rock Creek Sanitary Sewer Repair as
detailed in Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on June 30, 2007. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount not exceeding Seven Thousand Three Hundred Ninety
dollars and (00-99)!100 dollars ($7,390.00) for performance of those services described herein,
which payment shall be based upon the following applicable terms:
A. Payment will be made in installments based on Consultant's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice_
B. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultant by any person as such claim becomes
General Services Agreement—Henderson Land Services
File No_0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page I of 6
due, City may pay such claim and charge the amount of the payment against funds due or
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
G. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
U. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, hospital care or,other needed care
and attention incident to sickness or injury to the employees of Consultant or all sums
which Consultant agrees to pay for such services and all moneys and sums which
Consultant collected or deducted from the wages of employees pursuant to any law,
contract or agreement for the purpose of providing or paying for such service.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments,and other information_
Contract Manager for City Contract Manager for Consultant
City of Tigard Company:(Consultant's business name)
Attn:(City's contact person's name) Attn:(Consultant's contact person's name)
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address:(Consultant's mailing address)
Phone:(503)639-4171 ext. (Contact person's ext.) Phone: (Contact person's phone number)
Fax:(Contact person's fax number) Fax:(Contact person's fax number)
Email Address:(Contact person's email) Email Address: (Contact person's email)
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before (day) of
(month), ear shall be accompanied by thirty (30) days written notice to the other party prior to
the date termination would take effect. There shall be no penalty for early termination. If City
terminates the contract pursuant to this paragraph, it shall pay Consultant for services rendered
prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit,examination,excerpts and transcripts.
i
9. FORCE MAJEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the-parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
General Services Agreement—Henderson Land Services
File No.0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page 2 of 6
unusually severe weather or delay of subConsultant or supplies due to such cause; provided that the
parties so disenabled shall 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 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.
10. 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 with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant
or its subconsultants, agents, or employees under this contract, except,however, that the foregoing
shall not apply to liability that arises out of City's negligence.
12. INSURANCE
Consultant shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Consultant's
activities or work hereunder.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense(any one person) 5,000
B. Business Automobile Liability Insurance
If Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shallprovide City a certificate indicating that Consultant has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
General Services Agreement—Henderson Land Services
File No.0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page 3 of 6
cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Consultant and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under ORS 656.126. 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 without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Ratin>?
All coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s)with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage,injury,or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
i
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees(expert and non-expert),attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
General Services Agreement—Henderson Land Services
File No.0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page 4 of 6
24. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. No modification of this Agreement
shall be effective unless and until it is made in writing and signed by both parties. No waiver,
consent, modification, or change of terms of this Agreement shall bind either party unless in writing
and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective
only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Consultant, by the signature of its authorized representative, hereby acknowledges that Consultant
has read this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
a Y
By: A tin P. Duenas,P.E., City Engineer Date
CONSULTANT
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By: Company Name
'STCUE Aftei, AIATUAAL RE.SouRcE AW&eiP
Print Name&Title of Authorized Representative
�- _ VU/tlE 27. 2Da7
Sign N e Date
General Services Agreement—Henderson Land Services
File No.0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page 5 of 6
EXHIBIT A
SCOPE OF SERVICES
Per attached letters from Henderson Land Services dated June 18, 2007, for Construction Bid preparation
services for (File No. 0602) Sanitary Sewer.Protection and Stream rehabilitation near SW 68t11 Parkway
and Atlanta Street and(file No. 0603) Storm Water outfall repair behind 9080& 9118 SW Waverly Drive
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General Services Agreement—Henderson Land Services
` File No.0602-Red Rock Creek and 0603—9080&9118 Waverly Drive Page 6 of 6
JsE�yNTD{{�E7���7RSON
L111L s7Y15.r1 Y 1ll�L`U LLC
200 North State Street,Suite 103
June 18,2007 Lake Os vego.Oregan 97034
telephone 503.699.8999
facsimile 503.699.8777
www.h end ersoniandscrvice.t.com
City of Tigard
Attn: Greg Berry,PE
13125 SW Hall Blvd.
Tigard,OR 97223
Subject: (TIGARD 0602)ESTIMATE FOR CONSTRUCTION BID PREPARATION SERVICES FOR
SANITARY SEWER PROTECTION AND STREAM REHABILITATION NEAR SW 68TH&
ATLANTA PARKWAY;TIGARD,OREGON
Greg:
' Thank you again for thinking of HENDERSON LAND SERVICES LLC(HLS)for your professional
environmental services needs. As follow-up to our conversation today HLS submits the following proposal
to provide services to the City of Tigard in preparation of the City putting out a request for construction bids
to repair and protect the sanitary sewer trunkline and restoration of Red Rock Creek downstream of SW 68`h
and Atlanta Parkway.
HLS proposes to work within an estimated niarinium price of$4,130.00 based on the following estimate of
professional services with associated task hours and personnel rates.
CONSTRUCTION BID SERVICES
Following our site meeting and HLS'knowledge of the project site,HLS proposes to provide the following
services:
1. HLS will prepare stamped,final construction drawings,contract documents,submittals,special
provisions,specifications and other measures as necessary in order for the City to request and
accept bids for construction of this project.
Water Resource Engineer Final Design Review 12.0 Hrs. @$95/Hr. $1,110.00
Natural Resource Manager Construction Bid Document Preparation 12.0 Hrs. @$95/Hr. $1,140.00
AutoCAD/Graphics Final Design&Specifications Drafting 24.0 Hrs. @$75/Hr. $1,800.00
Reproduction @ Cost $50.00
Proposed EMP Final Design&Construction Bid Document Preparation $4,130.00
Greg, HLS is pleased to submit this proposal in support of the City's public infrastructure repair efforts for
the sanitary sewerline along Red Rock Creek. Our project team's proposal is valid as submitted for 30 days
after receipt by the City. Thank you again for this opportunity. Please do not hesitate to call if you have
questions or wish to discuss this proposal further.
Sincerely,
HENDERSON LAND SERVICES LLC
Steve Morrow
ENDERSON
T AND SERVICESLLc
200North State Street,suite 103
w
June 18,2007 tnkeOsego.Oregon 97034
ielephare 503.699.8999
facsindte 503.699.8777
w)tw.hendersotdandse"ices.can
City of Tigard
Attn: Greg Berry,PE
13125 SW Hall Blvd.
Tigard, OR 97223
Subject: (TIGARD 0603)ESTIMATE FOR CONSTRUCTION BID PREPARATION SERVICES FOR
STORM WATER OUTFALL REPAIR BEHIND 9080&9118 SW WAVERLY DRIVE;
TIGARD,OREGON
Gree:
Thank you again for thinking of HENDERSON LAND SERVICES LLC(HLS)for your professional
environmental services needs. As follow-up to our conversation today HLS submits the following proposal
to provide services to the City of Tigard in preparation of the City putting out a request for construction bids
to repair the streambank/streambed erosion occurring below the 18"storm water outfall on an un-named
drainage that flows to the wetlands within Cook Park.
HLS proposes to work within an estimated maximum price of$3,260.00 based on the following estimate of
professional services with associated task hours and personnel rates.
CONSTRUCTION BID SERVICES
Following our site meeting and HLS'knowledge of the project site,HLS proposes to provide the following
services:
1. HLS will prepare stamped,final construction drawings,contract documents,submittals,special
provisions,specifications and other measures as necessary in order for the City to request and
accept bids for construction of this project.
Water Resource Engineer Final Design Review 6.0 Hrs. @$951Hr. $570.00
Natural Resource Manager Construction Bid Document Preparation 12.0 Hrs. @$95/Hr. $1,140.00
AutoCAD/Graphics Final Design&Specifications Drafting 20.0 Hrs. @$75/Hr. $1,500.00
Reproduction @ Cost $50.00
Proposed EMP Final Design&Construction Bid Document Preparation $3,260.00
Greg,HLS is pleased to submit this proposal in support of the City's public infrastructure repair efforts
behind 9080 and 9118 SW Waverly Drive. Our project team's proposal is valid as submitted for 30 days
after receipt by the City. Thank you again for this opportunity. Please do not hesitate to call if you have
questions or wish to discuss this proposal further.
Sincerely,
HENDERSON LAND SERVICES LLC
Steve Morrow
Natural Resource Manager
ra
CITY OF TIGARD
CONTRACT SUMMARY FORM
(THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED ._�2,j
Title of Contract: Red Rock Creek Sanitary Sewer Repair Contract#: 060200#j
Contractor: Henderson Land Services I Total: $4,130.00
Brief Overview: Prepare bid documents to repair and protect the sanitary sewer trunk line& restoration
of Red Rock Creek downstream of SW 6811'Park\vay and Atlanta Street
Changes h'tade To
Boilerplate Contract-
Type of Contract: ❑ PurchaseA"reemerits ' `❑,P.ersorial>S`erviee`` ` D Construction Ll Other
Start Date: 7/1/07 :.End'Date 9/30/07 ICRB� dard Date: n/a
10.4-
Contract IVlana er: Greg BernExteristori r24G8 � ',`�Deartineit: Communi ,Development
Quotes/Bids/Proposals: COMPANY; z AMOUNT / SCORE
> W
Department Comments:
De artment Si natureh � Date:
Purchasing Comments:
Purchasing Signature: SQ,— Date:
c r� ,,i
Administration: Q �'��— ---;�� Date: / D
Certificate of Insura uc Received? ❑ Yes ❑ No ❑ Self-Insured (Form Received
Business Tax Current. Ll Yes LJ No Contractor License Current? Ll Yes Ll No
Federal TIN/1099 I Bonds Required: ❑ Yes ❑ No
Accounting String: Fund Division Account p Total
500 6200 751025 4,130.00
ENGINEERING DEPARTMENT
PURCHASE REQUISITION / PO & Payment Tracking
Date: 8130106 PO# : 0602002
Vendor: Ship to:
Henderson Land Services City of Tigard
200 North State St Suite 103 Project Manager Name
Lake Oswego, OR 97034 Date approved by t XXXX XXXX
Phone- 503-699-8999 Taxpayer ID: XXXX XXXX
Fax: 503-699-8777
Acct.#: 500-6200-751025 File No.: 0602
Acct.#: CIP No.: XX XX-XX
Project name:
Red Rock Creek- Sanitary Sewer Line Repair
Type of contract:
Personal Services
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Contract Amount 0603002 FY07-08 ..,$�':-�;�->�=°'�4;�_30A0`: $ 4,130.00
$ -
Is - $ -
$ - $ -
$ - $ -
PO PAYMENTS
Total Change Orders/Amendments to ContractIJQSt� „
Total Contract Amount
PO Balancew$ n T. >4t3U>f4
contract over original amount `100%
% contract paid
Total Contract Amount _ FY07-08
Total Contract Amount To Date:
Authorized Signature/Title Date
11ENG\2007-2005 FY CIP\Red Rock Creek\PO&Payment Tracking-Red Rock Creek
716/2007