Pacific Resources - 0632004 CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
FANNO CREEK TRAIL—HALL BLVD.TO FANNO CREEK
FILE No.0632
THIS AGREEMENT madeand entered into this 11th of.March,2009 by and between the City of Tigard,a
municipal corporation of the State of Oregon,hereinafter called City,and Pacific Resources,Inc.,4905 SW
Griffith Drive,Suite 200,Beaverton,OR 97005,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 Fanno Creek Trail from Hall Blvd to Fanno
Creek as detailed.in Exhibit A—email dated March 9,2009.
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 30,2009. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount not exceeding Nine Hundred and (00-99)/100 dollars
($900.00),for performance of those services described herein,which payment shall be based upon the
following applicable terms: t
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.
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F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultants by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
to becomedue 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.
H. 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. ASSIGNMENTIDELEGATION
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:Pacific Water Resources,Inc.
Attn:Vannie T.Nguyen,P.E. Attn:.Phil Pommier,PE,CWRE
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address:4905 SW Griffith Dr S-200 Beaverton 97005
Phone:(503)639-4171 ext.2460 Phone:503-671-9709 x 26
Fax:503-624-0752 Fax:503-671-0711
Email Address:vannie@figg.rd-or.gov Email Address:philp ftaciffi NAXom
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of
June, 2008 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.
General Services Agreement—Fanno Creek Trail—File No.0632
Pacific Water Resource,Inc. Page No.2 of 6
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,
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 fstate 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:
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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
General Services Agreement—Fanno Creek Trail—File No.0632
Pacific Water Resource,Inc. Page No.3 of 6
B. Business Automobile Liability Insurance
If Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shall provide 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
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 Ratins
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
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 i
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 fiuther 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.
General Services Agreement—Fanno Creek Trail—File No.0632
Pacific Water Resource,Inc. Page No.4 of 6
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.
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 speck 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.
Approved by Tigard's Local Contract Review Board on: N/A
CONSULTANT—Pacific Water Resources,Inc.
Print Name 'tle f A orized Representative
Sign Name Date
CITY OF TIGARD
Cl P • +� - -- !2 0 9
B� ni T.Nguyen,P.E.,CIP Manager I tDate
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General Services Agreement—Fanno Creek Trail—File No.0632
Pacific Water Resource,Inc. Page No.5 of 6
EXHIBIT A
SCOPE OF SERVICES
Scopes of Services areas outlined in exhibit A'-Email dated March 9,2009—4:57 PM from Phil
Pommier,Pacific Water Resource,Inc. is attached and incorporated by this reference.
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General Services Agreement—Fanno Creek Trail—File No.0632
Pacific Water Resource,Inc. Page No.6 of 6
Diane Jelderks
From: Phil Pommier[phi►p@pacificwr.com]
Sent: Monday,March 09,2009 4:57 PM
To: Vannie Nguyen; Diane Jelderks
Cc: SethJeten@pacificwr.com
Subject: FW:.Fanno Creek Boardwalk Certification
Vannie:
According to Sensitive Lands 18.775.070 B5"no pathway will be below the elevation of an average annual flood.° The
average annual flood is defined as being that flood with an average annual recurrence interval of 100%. That is on
average it occurs every year. This is also very close to what's called the'bank full'event.
PWR calculated these values for most of the streams in the Healthy Streams Program while under contract to CWS on
the Watersheds 2000 project. However, Fanno Creek was not part of that work as it had been studied the year before
and had an updated master plan.
The easiest thing for me to do on this would be to determine if the path lies above the 10-yr flood as this information is
readily available in the model. The 10-yr flood has a 10%average recurrence interval or occurs about once every 10
years so it's a bigger flood than required by your certification. if the path is above the 10-yr then I can quickly prepare
your certification.. If itis not I'll need a little additional time to generate hydrology-for the smaller storm event.
The services required to prepare this certification involve: 1)finding and verifying the regulatory model,2)determining the
stage at this reach of the model and comparing that to path elevations,and,assuming the path is above the 10-yr 3)
preparing the certification. PWR proposes to prepare this certification on a time and materials basis for a maximum not to
exceed fee of$900.
Please feel free to call if you wish to discuss any of the above information:
1*Think Or V1W"of Watir
m IFIL .
WATER RESOURCkS,11Nlc.
Phil Pommier,PE, CWRE
Director of Design Services
4905 SW Griffith Dr.,Ste 100
Beaverton,OR 97005
Ph: 503-671-9709
Please note that our suite number has changed!
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CITY OF TIGARD
CONTRACT SUMMARY'FORM ' J
HIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED Y C�
Title.of Contract:Fanno Creek Trail from Hall to Fanno Creek Contract#: 0632004
Contrac r: Pacific Resources Inc Total: $900.00' '
Brief Overview:---Pre are-certification that path lies above the 10-yr flood.
Changes Made To None
Boilerplate
Contract: (add
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additionaages_71.E'C'dL'd) _ T
Ty e:of Contract: mPurcliase,A'—— eiit?'':<r"`y.O rPersoSial Service ` O rCoiistruction ❑ Other
StartDate:March 11,2009En`d_Date J.ie,3`0;2009 CR$°,Aard Date:N/A
Contract Manager-Vanni-N '``.en;APE Exteiisi'oii::2470' '# ,De_ meiit: CD
;,• t�,; ;. AMOUNT�SCORE
Quotes/Bids/Proposals: 0.
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Department Comments:
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Department Signature __ ,, s �' Date:
Purchasing Comments:
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Purchasing'Sig Date: 05 d C'
Administration: Date: 3131 0
Certificate of Insurance Received? 0 Y91 ❑No ❑ Self-Insured prm Received)
Business Tax Current? ® Yes ❑No Contractor License Current? ❑Yes ❑No
Federal TIN/1099#: On File.'. Bonds Required: ❑Yes ®No
Accounting String: Fund Division __ ccount^ Total
Springbrook No.:, 225 6400 $900.00
IFAS No.: 90950• 815- 150