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Group MacKenzie ~ File No. 0317 „ CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT 79TH AVENUE LID-FILE No. 0317 THIS AGREEMENT, made and entered into this 22nd day of April, 2005, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City,” and Group Mackenzie, 0690 SW Bancroft St, PO Box 69039, Portland, OR 97239-0039, whose authorized representative is Matthew Butts, PE,Director of Civil and Traffic Engineering, and having a principal being a registered engineer of the.State of Oregon,hereinafter referred'.to as the "Engineer." RECITALS WHEREAS, the City's Fiscal Year 2004-2005 budget provides for the design and construction of 79th Avenue LID; and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the public works improvement program of the City; and WHEREAS, the City desires to engage the Engineer to render professional engineering services for the project described in this Agreement, and the Engineer 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. Engineer's Scope of Services The Engineer shall perform professional engineering services relevant to. the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit 1, which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution by the_City's Local Contract Review Board, and shall expire, unless otherwise terminated or extended, on completion of the work or June 30, 2005. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Engineer's Fee A. Basic Fee 1) As compensation for Basic Services as described in-Exhibit I of this Agreement, and for services required in the fulfillment of Paragraph 1, the Engineer shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit 1 of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. The Basic Fee shall not exceed the amount of ten thousand dollars ($!Q&00)without prior written authorization. 2) The parties hereto do expressly agree.that the Basic Fee is based upon the Scope of Services to be provided by the Engineer and is not necessarily related to the estimated construction cost of the Project. In the event that the actual Engineering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 1 of 12 f construction cost differs from the estimated construction cost, the Engineer's compensation will not be adjusted unless the Scope of Services to be provided by the Engineer changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall,be submitted by the Engineer periodically, but not more frequently than monthly. Payment by the City shall,release the City from any further obligation for payment to the engineer for service or services'performed or expenses,incurred as of the date of the statement of services. Payment shall be made only for work actually completed as.of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Engineer shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit 1 of this contract for minor project additions and/or alterations. D. Certified Cost Records The Engineer shall furnish certified cost records for all billings pertaining to other than, lump'sum fees to substantiate all charges. For such purposes, the books of account of the Engineer shall be subject to audit by the City. The Engineer shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Engineer shall furnish to the City its employer..identification number, as designated by the Internal Revenue Service, or social security number, as the City deems applicable. F. Pay_ ment—General 1) Engineer shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Engineer shall pay employees,at least time and a half pay for all overtime worked'in excess of 40 hours in any-one week except for individuals under the contract who are excluded under ORS 653.01.0 to 653.261 or under, 29 USC sections 201 to 209 from receiving overtime. 3) Engineer shall 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 Engineer or all sums which Engineer agrees to pay for,such services and all moneys. and' sums which Engineer 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. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not Engineering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 2 of 12 permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Engineer fails, neglects or refuses to make prompt payment of any claim for labor, materials, or services famished to .Engineer, sub-consultant or subcontractor 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 become due to the Engineer. The payment of,the claim in this manner shall not relieve Engineer or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The City shall make copies, for the use of and without cost to the Engineer, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Engineer 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. B. The Engineer shall 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 the Engineer at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assienment/Deleaation Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract,Engineer shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by City of any subcontractor nor anything contained 'herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Engineer is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Engineer's work product is satisfactory and consistent with this agreement, but Engineer is not subject to the direction and control of the City. Engineer shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Engineer is an independent. contractor and not an employee of City. Engineer acknowledges Engineer's status as an independent contractor and acknowledges that Engineer is not an employee.of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Engineer to provide :services under this contract are employees of Engineer and not of City. Engineer acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Engineer is found by a court of law or an administrative agency to be an.employee of the City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Engineer under the terms of the agreement,to the full extent of any benefits or other remuneration Engineer receives (from City or third party) as a result of said finding and to the full extent of any En�gineenng Services:Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 3 of 12 payments that City is required to make (to Engineer or to a third party) as a result of said finding. C. The undersigned Engineer 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 the Engineer, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Engineer certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Engineer 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 byany public employer participating in the Retirement System. F. Engineer certifies that it currently has a City business tax receipt or will obtain one prior to delivering services under this Agreement: G. Engineer is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training.of the Engineer as a material inducement to enter into this Agreement. Engineer represents to the City that the work under this contract will be performed- in accordance with the professional standards of skill and care ordinarily exercised by members of the engineering profession under similar conditions and circumstances as well as. the requirements of applicable federal, state .and local laws, it being understood that acceptance of an Engineer's work by the City shall not operate as a waiver or release. Acceptance of documents, by City does not relieve Engineer of any responsibility for design deficiencies, errors or,omissions. B. Claims for other than Professional Liability. Engineer shall defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses :incidental to the investigation and .defense thereof, of whatsoever nature, including intentional acts to the extent they result from or arising out of the activities of Engineer,or its subcontractors; sub-consultants,;agents or employees under this contract. If anyaspect of this indemnity,shall be found to be illegal or invalid for:any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder lof this indemnification G Claims for Professional Liability. Engineer shall.defend, save and hold harmless the City of Tigard, its officers, agents, and employees from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Engineer or its subcontractors, sub- consultants, agents or employees in performance of professional services under this agreement. Engineering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 4 of 12 D. As used in subsections B and C of this section, a claim for professional responsibility 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 Engineer, regardless of the type of claim made against the City. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an .act or omission by Engineer unrelated to the quality of professional services provided by Engineer. 8. Insurance Engineer and its subcontractors 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 Engineer's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Engineer and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Engineer shall obtain, at Engineer'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 $2,000,000 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. Professional Liability Engineer shall obtain, at Engineer's expense, and keep in effect during the term of this contract,_ Professional Liability Insurance covering any damages caused by an error, omission or any negligent acts. Combined single limit per occurrence shall not be less than $1,000,000, or the equivalent. Annual aggregate limit shall not be less than $2,000,000 and filed ona,"claims-made" form. C. Commercial Automobile Insurance Engineer shall also obtain,.at architect's expense, and keep in effect during the term of the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$1,000,000. E?pineering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 5 of 12 D. Workers' Compensation Insurance The Engineer, its subcontractors, if any, and all employers providing work, labor or materials under this .Contract are 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. , Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon formore than 30 days in a calendar year. Engineers 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$100,000 each accident. E. Additional Insured Provision The Commercial General Liability Insurance Policy and other policies the City deems necessary shall include the City its officers, directors, and employees as additional insureds with'respect to this contract. Coverage will be endorsed to provide a per project aggregate. F. Extended Reporting Coverage If any of the aforementioned liability insurance is arranged on a "claims made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Engineer's insurer will provide sucht if less than 24 months. Engineer 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 date is on or before-the effective date of this contract. Coverage will be endorsed to provide a per project aggregate. G. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the City. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. H. Insurance Carrier Rating Coverage provided by the Engineer 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. I. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Engineer 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 certificate will specify and;document all provisions within this contract. A renewal certificate will be sent to the address below ten days prior to coverage expiration. J. Primary Coverage Clarification EnRineedng Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 6 of 12 The parties agree that Engineer's coverage shall be 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 contract. Engineer's insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without 30 days prior notice to City. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City, in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: Vannie T. Nguyen, P.E. City of Tigard Business Phone: 503-639-4171, Ext. 2460 13125 SW Hall Blvd. Business Fax: 503-624-0752 Tigard, Oregon 97223 Email Address: vannie@ci.tigard.or.us Such policies or certificates must be delivered prior to commencement of the work. Thirty days cancellation notice shall be provided City by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit Engineer's liability hereunder. Notwithstanding said insurance, Engineer shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause. At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Engineer. If City terminates the contract pursuant to this paragraph, it shall pay Engineer for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Engineer, or at such later date as may be established by City,under any of the following conditions: 1) If City fixnding 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 Engineer, its subcontractors,agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. Engineering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 7 of 12 4) If Engineer becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Engineer, if a receiver or trustee is appointed for Engineer,or if there is an assignment for the benefit of creditors of Engineer. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Engineer, may terminate the whole or any part of this Agreement: 1) If Engineer fails to provide services called for by this agreement within the time specified herein or any extension thereof,or 2) If Engineer fails to perform any of the other provisions of this Agreement, or so 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 days or such other period as City may authorize. 3) If Engineer fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults(including breach of contract) by Engineer shall not be 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), 'Engineer.shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Engineer bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Engineer. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and.other costs of litigation,at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Engineer 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. 12. Method and:Place of Giving Notice, Submitting Bills and Making Payments All notices,!bills and,payments shall 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 shall be used to transmit notices,bills,payments,and other information: Elneering Services Agreement—Group Mackenzie 79 Avenue LID Support—File No.0317 Page 8 of 12 CITY OF TIGARD Vannie T.Nguyen;P.E. Business Phone: 503-639-4171 ext. 2470 13125 SW Hall Blvd. Business Fax: 503-624-0752 Tigard,Oregon 97.223 Email Address: vannie@ci.tigard.or.us CONTRACTOR Group Mackenzie Business Phone: 503-224-9560 0690 SW Bancroft Business Fax; 503-228-1285 Portland, OR 97239 Email Address: mbutts@grpmack.com and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices,bills and payments shall be deemed given at the time of actual delivery. Changes may be made.in the names and addresses of the person to whom notices, bills and payments are to be given bygiving written notice pursuant to this paragraph. 13. 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 shall be effective unless and until it is made in writing and signed by both parties. 14. Professional-Services The City require&that services provided pursuant to this agreement shall be provided to the City by an Engineer, which does not represent clients on matters contrary to City interests. Further, Engineer shall not engage services of an engineer and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Engineer represent clients on matters contrary to City interests or engage the.services of an engineer and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Engineer shall consult with the appropriate City representative regarding the conflict. After such consultation, the Engineer shall have ten days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10(B -3)of this agreement. 15. Force Maieure Neither City nor Engineer 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, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike; freight embargo, unusually severe weather .or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however,make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. Engineering Services Agreement—Group Mackenzie 79 Avenue,LID Support—File No.0317 Page 9 of 12 16. Non-Discrimination Engineer agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues,rules,and regulations. Engineer 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. 17. Errors Engineer shall 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. 18. Extra(Changes)Work: Only the CII' Engineering Manager may authorize extra (and/or change) work. Failure of Engineer to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and-Engineer thereafter shall be entitled to no compensation whatsoever for the performance of such work. 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Compliance With Applicable Law 1 Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in DRS 279.310 to 279.322. 21. 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 said terms of said proposal conflicting herewith. 22. Access to Records .City shallhave access to such books, documents, papers and records of Engineer as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 23. Audit Engineer shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within'the contract period. Engineer 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. 24. 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. EnRlneering Services Agreement—Group Mackenzie rt—File No.0317 Pae 10 of 12 79 Avenue LID Support— g 25. Comi tete Agreement This Agreement and attached exhibit(s) constitutes the entire Agreement between the 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. Engineer,by the signature of its authorized representative,hereby acknowledges that he/she 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 Engineer has executed this Agreement on the date hereinabove first written. ENGINEER By: 6fLo WP �AGI�C r•jZ E Print Firm's Name 11^-r 146d 4 5LJTTS , LAP-er-to(L of CIVI ENG��•lEc'R.�.-►4 Print Name&Title of En ' eer's Authorized Representative .¢ •2a •os Signature o Firm's Representative Date CITY OF TIGARD By: Lwnfazm�� / Z touS— Vannie T.Ngu .E.,City Engineer Dat By: V 2 kw ss Agustin P.Duen . .,City Engineer Date A By: Craig P ser,Interim City Manager Date Enpineering Services Agreement-Group Mackenzie 79 Avenue LID Support-File No.0317 Page 11 of 12 f EXHIBIT 1 Scope of Services Services will be as outlined in the attached proposal dated April 13, 2005 (revised April 20,2005). Enpineedng Services Agreement—Group Mackenzie 79 Avenue LID Support—File,No.0317 Page 12 of 12 GR D � � ( . APR 2 2 2005 on CITY OF TIGARD April 13, 2005 (revised April 20,2005) City of Tigard Attention: Vannie Nguyen 13125 Hall Blvd Tigard,OR 97223 A� Re: Tigard—79t" eet LID Support Project Number 2050001.PI M Dear Ms. Nguyen: O N_ O Pw tn N Group Mackenzie is pleased to provide the following scope of services and fee proposal to support the City of Tigard in your efforts to support the local improvement district formation Ln o ;i process for 79`l' Street south of Bonita Road. C w It is our understanding that the City of Tigard previously employed a consultant team ;; (Century West Engineers) who prepared construction documents in 2001 for the stretch Ebetween Bonita and Durham Roads.Within this phase,the City will provide design services m and plans for construction under the direction of an in-house professional engineer. In i general, the City is requesting a scope of services to encompass the public involvement Aprocess,LID assessment methodologies, and a third-party technical review. 3 The following outlines our proposed scope and fee to provide these services: o 'o In u` CD N 1. Public Involvement Process: 3 cn m a. Review City of Tigard Municipal Code for requirements. o.o b. Review City-provided materials for presentations. m H C. Identify public involvement strategy overall and review prior to public meetings (including up to four meetings with City staff). d. Facilitate up to three public meetings in locations as provided by the City and to Group land owners as contacted and invited by the City. Mackenzie, e. Attend and present,if needed,to City Council at the required public hearing prior Incorporated to LID formation. Architecture Fee Estimate: $6,500 Interiors Land Use Planning 2. LID Assessment Methodology: Group a. Meet with City staff to review assessment options(one meeting). Mackenzie b. Provide up to five assessment options,along with a specific recommendation for Engineering, approval by the City. Incorporated C. Finalize the selected assessment methodology and prepare information and data Civil/Structural Engineering (as based on a City-provided overall,detailed cost estimate)for use as described Transportation by Municipal Code Section 13.09.030(4). Planning Fee Estimate: $1,800 Locations: Portland,Oregon Tacoma,Washington K:\MARKETING\Mktg Proposals\2050001 Pcrtland\WP&Gen Mktg\PI Tigard 79th-R.doc Vancouver,Washington City of Tigard Tigard—79th Street LID Support Project Number 2050001.1`I April 13, 2005 (revised April 20, 2005) Page 2 3. Technical Peer Review Assistance: a. Provide technical engineering review and written comments on final plans for City consideration,based on a set of plans and specifications,as provided by the City. Fee Estimate: $1,200 This scope assumes no appeals or meetings beyond those specifically listed above,and that the scope ends with the initial City Council meeting on or around July 20, 2005. It also assumes no technical review of environmental issues. All design work will remain the responsibility of the City of Tigard,and our assumptions include no services under this scope will require stamping of documents by a professional engineer. Our services toward public involvement and facilitation will utilize Zenn and Associates,a Portland public involvement firm, as a subconsultant. Our proposed total fee is $9;500, which will be billed on an hourly, not-to-exceed basis. Reimbursable expenses(fax,copies,etc.).are in addition to this fee and are estimated at$400. If this proposal is acceptable,we will prepare a contract for your approval.We look forward to working with you on this project. Please call if you have any questions. Sincerely, Matthe Butts,PE Director of Civil and Traffic Engineering MWB/mpd K:\MARKETING\Mktg Proposals\2050001 Portland\WP&Gen Mktg\Pi Tigard 79th-R.doc MARSH CERTIFICATE G_ INSURANCE CERTIFICATE NUMBER SEA-000855591-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 111 SW COLUMBIA,STE 500 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE PORTLAND,OR 97201 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Attn:Pat Allen (503)248-6525 COMPANIES AFFORDING COVERAGE COMPANY 12905--5 mil- A AMERICAN ECONOMY INSURANCE CO INSURED COMPANY GROUP MACKENZIE B ACE AMERICAN INSURANCE COMPANY 0690 SW BANCROFT PORTLAND,OR 97239 COMPANY C COMPANY D COVERAGES This certificate supersedes and replaces any previously Issued certificate for the palfcy period noted below. 1 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIUDIYY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ CLAIMS MADE 1-1 OCCUR PERSONAL 8 ADV INJURY $ OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MED EXP(Any oneperson) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO p ALL OWNED AUTOS MAY a 4 2005 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS CITY F TIGARD BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND XTORY LIMITS OTH ER EMPLOYERS'LIABILITY A 02WC52408321 08/22/04 08/22/05 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ X INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER B PROFESSIONAL LIABILITY EON G21657281 001 08/22/04 08/22/05 $5,000,000 LIMIT CLAIM "CLAIMS MADE" $5,000,000 AGGREGATE $50,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLPSISPECIAL ITEMS RE: JOB#2050159-79TH AVE.LID CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_p DAYS WRITTEN NOTICE TO THE CITY OF TIGARD CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: DIANE JELDERKS 13125 SW HALL BLVD. LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE TIGARD,OR 97223 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: Ron S.Bennett MM1(3l02) VALID AS OF: 05/02/05 ACORDCERTII=ICt -E OF LIABILITY INSUR. JCE DATE(MWDD" "' 05/02/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Marsh Advantage America Phone: 503-248-6400 ONLY AND CONFERS .NO RIGHTS' UPON THE CERTIFICATE 111 s.w. Columbia, suite 500 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Portland, OR US 97201-5897 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh Advantage America is a service of seabury & smith, Inc. INSURERS AFFORDING COVERAGE INSURED INSURERA: Hartford Fire Insurance Co. Group Mackenzie Engineering, Inc. INSURER B: 0690 sw Bancroft street _ Portland, OR, 97201-0039 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW.HAVE BEERISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE',BEEN REDUCED BY PAID CLAIMS. INSIRPOLICY EFFECTIVE POLICY EXPIRATION LTIR TYPE OF INSURANCE POLICY NUMBER DATE DD DATE M/DD LIMITS A GENERAL LIABILITY 21SBQBQ3985 10/22/2004 08/22/2005 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000 CLAIMS MADE.F OCCUR MED EXP(Any one person) $ 10,000 ISTOP GAP LIABILITY PERSONAL&ADV INJURY $_ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X I POLICY PROT LOC A AUTOMOBILE LIABILITY 21SBQBQ3985 10/22/2004 08/22/2005 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F—I CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- _ OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $ E.L.DISEASE-E4 EMPLOYEE $ E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS JOB #2050159 - 79TH AVE. LID. THE CITY OF TIGARD, ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE PRIMARY ADDITIONAL INSUREDS. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE_INSURER WILL ENDEAVOR TO MAIL I0_ DAYS WRITTEN CITY OF TIGARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTN: DIANE JELDERKS IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 13125 SW HALL BLVD. TIGARD,OR 97223 REPRESENTATIVES. Marsh Ad ntage a a service se smi [BY: ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A .statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain. policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S(7/97)