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Pacific Water Resources ~ File No. M04-28 CITY OF TIGARD,OREGON ENGINEERING SERVICES AGREEMENT PEDESTRIAN BRIDGE CROSSING FANNO CREEK FILE NO.M04-28 THIS AGREEMENT, made and entered into this 16 day of June, 2005, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Pacific Water Resources, Inc., 4905 SW Griffith Drive, Suite 200, Beaverton, OR 97005, whose authorized representative is Phillip L. Pommier, P.E., 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 a pedestrian bridge to cross Fanno Creek; 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 on August 1, 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 1 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. he Basic Fee shall not exceed the amount of nine thousand nine hundreCilars ($9,950) without prior written authorization. Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 1 of 12 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 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. Payment—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 653.010 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. Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 2 of 12 5) Engineer shall make payments promptly, as due, to all persons supplying services or materials for work covered under this contract. Engineer shall not 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 furnished 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 field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain, the property of the Engineer; however, the City shall be furnished, at no additional cost, one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. . The City shall have unlimited authority to use the materials received from the Engineer in any way the City deems necessary. B. 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. C. 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. Assianment/Delegation 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, Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 3 of 12 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 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 by any 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 resulting from or arising out of the activities of Engineer or its subcontractors, sub-consultants, agents or employees under Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 4 of 12 this contract. If any aspect 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 of this indemnification. C. 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. Any design work by Engineer that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act, error or omission. 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 $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. Professional Liability Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 5 of 12 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 aggregatelimit shall not be less than ;Z/ I;D�'�and filed on a"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 I 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. 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 for more 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 such 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. Engineering Services Agreement—Pacific Water Resources,Inca Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 6 of 12 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 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-Liabilily 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.Nugyen, 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. Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 7 of 12 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 funding from federal, state, local,.or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or. State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Engineer, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 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 Engineering Services Agreement—Pacific Water Resources;Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 8 of 12 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,Submittina 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: CITY OF TIGARD Vannie T.Nguyen Business Phone: 503-639-4171 ext. 360 13125 SW Hall Blvd. Business Fax: 503-624-0752 Tigard,Oregon 97223 Email Address:vannie@ci.tigard.or.us CONTRACTOR Pacific Water Resources, Inc. Business Phone: 503-671-9709 4905 SW Griffith Drive, S-200 Business Fax: 503-671-0711 Beaverton, OR 97005 Email Address: philp@pacificwr.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 by giving 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 requires 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 Majeure 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 Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 9 of 12 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. 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 Vannie T. Nguyen, RE, CIP 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. Governine 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 Engineer shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 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 shall have 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 Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 10 of 12 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. 25. Complete 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. Pacific Water Resourc ,Inc. By: l—ZZ OS Roger C. Sutherland, Date CITY OF TIGARD By: 62 U S— Vannie T.Nguyen, .E.,CIP Engineering Manager Dat By: 7 0 Agusti Duena7 ity Engineer Date : BY a Craig Prosse Interim City Manager Date. Engineering Services Agreement ic Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page I I of 12 Exhibit 1 Scopes of Services shall be as outlined in the attached Scope of Services and PWR Proposal number 349 from Pacific Water Resources, Inc.dated June 14,2005, Re: Zero-Rise Analysis and Certification for.Pedestrian Bridge Crossing of Fanno Creek. i:kngW04-2005 ty cipVhall blvd parking lot d pathwa&w1rad-padfic water resources 6-15-05.doc Engineering Services Agreement—Pacific Water Resources,Inc. Pedestrian Bridge crossing Fanno Creek—File No.M04-28 Page 12 of 12, We Think the World of{Vater ^ 503.671.9709 b!h�e1 tax: 503.671.0071111 infb@pacificwr.com WATER RESOURCES, INC. www.pacificwr.com " 1101JUDD 4905;SW Griffith Drive,:Sutte200,Beaveri6n,;Oregon"97005 O4aDD� Date: June 14,2005 Vannie Nguyen,Capital Improvements Program Manager City of Tigard 13125 SW Hall Boulevard Tigard,OR 97223 Re: Zero-Rise Analysis and Certification for Pedestrian Bridge Crossing of Fanno Creek PWR Proposal#349 Dear Ms.Nguyen: Pacific Water Resources understands that the City of Tigard requires a zero-rise certification for a proposed pedestrian bridge crossing of Fanno Creek. The project site lies just downstream of the Hall Boulevard crossing in Tigard near City Hall. In reviewing the existing hydraulic model we noted that the regulatory floodway here is approximately 300 feet wide inside about a 500-ft floodplain. In the vicinity of the actual crossing it appears that the 100-yr flood stage is approximately 4 feet above the bank. The floodplain depth and width are major concerns relative to our ability to easily meet the zero-rise requirement. As discussed previously the final bridge design may require structural modifications to meet the zero-rise criterion. These modifications may entail tie downs, design for floatation or pivot joints at one or both ends. If these issues arise additional cost and time will be required for you to evaluate your alternatives and provide us with the necessary hydraulic criteria. Based on our assessment of the services required PWR proposes to perform hydraulic modeling for this project on a time and'materials basis. We anticipate that the fee for this assignment will not exceed$9,950 and that all work will be performed in accordance with our attached standard rate schedule. If authorized to proceed in writing by June_17th we anticipate completing this assignment by July 3&. Please note that this is not a guarantee to determine a successful zero-rise configuration. Many parameters are involved in these types of hydraulic studies. However,in our experience an acceptable solution should be found within the fee estimate indicated. If problems arise in finding a solution within the identified fee budget PWR will advise you of this situation. No out-of-scope work will be performed without your written authorization. If this proposed schedule and fee estimate are acceptable please forward your standard City contract for our review. On acceptance of contract terms and your written authorization we will proceed with this assignment. Sincerely, Pacific Water Resources,Inc. Roger C. Sutherland,PE President PACIFIC WATER RESOURCES, INC. STANDARD RATES BY CLASSIFICATION Effective January 1, 2005 Position Std Rate(2005) Principal Engineer $ 120- 150 Senior Engineer $ 105- 120 Engineer $ 80- 105 CAD Tech/Graphics/Admin $ 55-70 Notes: - Standwd Rate Multiplier is 3.0 Mileage is billed at the federally allowable rate External costs are billed without markup (i.e.,subconsultants,deliveries,etc.) Internal costs are not billed to clients(i.e.,computer,copies,fax,phone,etc.) Unless noted otherwise,rates are subject to change January 2006 Hydraulic Modeling and Zero-Rise Certification for Pedestrian Bridge Crossing Over Fanno Creek SCOPE OF WORK INTRODUCTION The City of Tigard(City) has requested that Pacific Water Resources, Inc. (PWR)evaluate its proposal for a pedestrian bridge crossing of Fanno Creek,approximately 150 feet downstream of Hall Boulevard. The requested analysis is necessary to obtain construction permits in support of the project. Fanno Creek is a regulatory floodplain within the City and the proposed alignment crosses a designated floodway. This proposal requires a zero-rise certification to meet City requirements. The purpose of this study then is to assist the City with refining the bridge design to support a zero-rise hydraulic analysis. This evaluation involves modeling the initial condition riverine hydraulics and then incorporating the proposed bridge improvements into the model. The work will involve identifying a bridge design solution that results in no net change (rise or fall)to the estimated water surface. Some types of mitigation measures are normally required to achieve the zero-rise performance. Usually it is necessary to increase conveyance through the new bridge opening, improve the channel in the vicinity of the bridge,reduce the number of obstructions to flow,and/or generally reduce the hydraulic losses caused by the obstruction to flow. When the proposed design condition produces a zero rise in the estimated 100-year floodplain elevation,then the"no rise"criteria will be met and a certification will be prepared as part of this proposed work. PWR has already modeled this reach of Fanno Creek as part a 1999 Flood Insurance Restudy of Ash, Fanno and Summer Creeks. A HEC-2 model was prepared and approved by FEMA. The effective Fanno Creek model will first require conversion to the current standard HEC-RAS hydraulic model. Then the base model will be updated with the new bridge configuration for resubmittal to the City and Clean Water Services (CWS). It should be noted that the Hall Boulevard bridge lies immediately upstream of the proposed bridge. This bridge combination will increase hydraulic losses and may make finding a zero-rise solution more complicated. Exclusions This work scope includes time for site visits/meetings/general project coordination,preparation of hydraulic models including one design related iteration(to the pedestrian bridge),documentation of the hydraulic analysis and the zero-rise certification. This scope of work does not include scour analysis, environmental studies, survey and/or plan preparation. Although expected,the zero-rise outcome of the hydraulic analysis cannot be guaranteed. If the zero- rise outcome has not been achieved following the first design iteration,PWR will probably require SOW-Final.doc Page 1 6/22/05 Pedestrian Bridge Crossing of h anno Creek-Scope of Work Page 2 Pacific Water Resources, Inc. 6122/05 additional funds to obtain the desired outcome and finalize the documentation of the work. PWR will not perform work without specific authorization to do so. Task 1 — Site Visits and Data Collection/Information Review Objective: Collect all available information for use in preparing the hydraulic models. PWR shall perform field reconnaissance and collect information:on the proposed site. The City shall provide PWR with the proposed bridge plans,recent aerial photos(if available), updated topographic mapping and stream cross sections at the existing crossing. It is anticipated that the topographic mapping shall be at l or 2-foot contour intervals and a minimum of 2 stream cross sections should be provided to PWR. Mapping and survey data shall be provided in a suitable electronic format (anticipated to be Autocad 2002 (*.dwg)electronic format). PWR shall review the survey information to assure that sufficient data is available to support the project goals. PWR shall inform the City of any concerns or deficiencies discovered. Activities: 1. Site Review. PWR shall visit the site at least once during the project to ascertain general conditions at the site. 2. Document Review. PWR shall review all available information pertaining to the site,the proposed bridge and the survey data provided. Deliverables: • None Task 2 — Hydraulic Modeling — Initial Effort Objective: Convert the existing HEC-2 model to HEC-RAS and add the proposed pedestrian bridge. PWR shall use the existing effective FEMA hydraulic HEC-2 model as the basis for the revised hydraulic models. This model was developed by PWR and is readily available in our office. Using this information, PWR shall prepare the 100-year `corrected effective', `existing' and `proposed' conditions HEC-RAS models. PWR shall conduct an initial meeting with the City to discuss the proposed design,and establish communication lines and a timeline for providing initial informal results. Initial results will provide the City with a progress report for meeting the zero-rise criteria and suggested revisions if challenges are met. We understand that time is of the essence for this project and that the City requires information for ordering the pre-manufactured bridge kit. For this reason PWR will make every effort to provide initial results as soon as possible. One design iteration is budgeted. The City shall provide PWR with proposed bridge plans and details sufficient for modeling purposes for each design. PWR shall prepare a draft hydraulic report documenting the hydraulic analysis and hydraulic design for the proposed improvements. Flows used in the analysis shall be the FEMA accepted flows rates.No additional hydrologic analysis is anticipated. Activities: 1. Conduct Initial Meeting. PWR and the City will discuss the proposed design, and establish a process and timeline to develop the final design and the zero-rise outcome. Pedestrian Bridge Crossing of Fanno Creek-Scope of Work Page 3 Pacific Water Resources, Inc. 6/22/05 2. HEC-RAS Modeling. HEC-RAS 3.1.2 shall be used to generate corrected effective, existing,and proposed conditions hydraulic models. These models will be developed from the existing approved HEC-2 model. PWR will report early results to the City_ as soon as possible. PWR cannot guarantee that the proposed design will meet the zero-rise criterion. For this reason consultation and coordination are required with the City to determine an acceptable design. This scope of work provides for one design iteration(i.e. revision)to test for meeting the zero-rise requirement. No work will be performed outside of this work scope without authorization by the City. 3. Draft Hydraulics Report Preparation. PWR shall prepare the draft hydraulics report for submittal electronically to the City's project manager for review. Deliverables: • Electronic HEC-RAS 3.1.2 models • Draft final hydraulics report • Zero rise certification Task 3 — Hydraulic Modeling — Final Effort Objective:Address review comments and prepare the final hydraulic models and hydraulics report. PWR shall address the City's review comments and update the hydraulic models if required. PWR shall document the final design in a hydraulics report. Another meeting at the City may occur. Activities: 1. HEC-RAS Modeling. Revise hydraulic models per review comments(if deemed appropriate or necessary)and update with the final configuration of the proposed improvements. 2. Final Report Preparation. The documentation of the final proposed design shall be consistent with the final hydraulics report and hydraulics model. PWR shall electronically submit one copy of the final hydraulics report to the City. 3. Prepare a Zero-Rise Certification. If the zero-rise criterion is met, PWR shall provide an engineer's certification to that effect. The certification shall be included as part of the final hydraulics report. Deliverables: • Finalized electronic HEC-RAS 3.1.2 models • Final hydraulics report A CORDDATE(MM/DD/YYYY) TM. CERTIFICA.__ OF LIABILITY INSU.RANCk--. 06/22/2005 PRODUCER Phone: (360)598-3700 Fax: (360)598-3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J.HALL 8 COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 19578 10TH AVENUE N.E. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR POULSBO WA 98370 ALTER THE COVERAGE_AFFORDED BY THE POLICIES BELOW. Agency Lie#:91-1461089 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: HARTFORD CASUALTY INS.CO. PACIFIC WATER RESOURCES,INC. INSURER B: LLOYD'S OF LONDON BEA ERT GRIFFITHOR9 005#200 INSURER C: HARTFORD UNDERWRITERS INS.CO BEAVERTON OR 9700b INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE TOR 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: INSR ADIYO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR INSR _ DA M DATE MMIDD LIMITS GENERAL LIABILITY 62SBAL16316 11/30/04 11/30/05 EACH OCCURRENCE Is 1,000,000 X. COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ee occurence) _ $ 300,000 CLAIMS MADE FX] OCCUR MED.EXP(Any one person) $ 10,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG. $ 2,000,000 X POLICY X JE LOC AUTOMOBILE LIABILITY 62SBAL16316 11/30/04 11/30/05 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER_ THAN FA ACC $ I L AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F1 CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION$ $ WORKERS COMPENSATION AND 52WECPF4813 12/23/04 12123/05 X ORYTLIM TS OTHER EMPLOYERS'LIABILITY C ANE.L.EACH ACCIDENT Is Y PROPRIETUR/PARTNER/EXECUTIVE 500,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 500,000 M yea,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 OTHER: 1102028792/004 12/15/04 12/15/05 $1,000,000 PER CLAIM B PROFESSIONAL LIABILITY $1,000,000 AGGREGATE CLAIMS-MADE FORM RETRO DATE:12/15198 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER CANCELLATION iSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED,OR MATERIALLY CHANGED, BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL CITY OF TIGARD MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 13125 SW HALL BLVD TIAGARD,OR 97223 AUTHORIZED REPRESENTATIVE Attention: VANNIE T NUGYEN AS EY L. HURD ACORD 25(2001/08) Certificate# 33373 ©ACORD CORPORATION 1988 SUPPLEMENT TO Cr `TIFICATE OF LIABILITY 'S #33373JUN E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS PROJECT: PEDESTRIAN BRIDGE CROSSING FANNO CREEK FILE NO.M04-28 PWR PROJECT NUMBER 1148 THE CITY OF TIGARD,ITS OFFICERS,AGENTS AND EMPLOYEES ARE ADDITIONA INSURED ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS RESPECTS LIABILITY ARISIING OUT OF ACTIVITIES BY,OR ON BEHALF OF THE NAMED INSURED THIS INSURANCE IS PRIMARY INSURANCE AND ANY OTHER INSURANCE.MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NON CONTRIBUTING WITH THIS INSURANCE. A WAIVER OF SUBROGATION APPLIES TO THE GENERAL LIABILITY,AUTO LIABILITY,WORKERS COMPENSATION AND UMBRELLA/ EXCESS LIABILITY POLICIES IN FAVOR OF THEADDITIONAL INSURED. Certificate# 33373