GSI Water Solutions ~ C120034 City of Tigard
December 28, 2015
Groundwater Solutions, Inc. (GSI)
Attn: Larry Eaton
55 SW Yamhill St Ste 400
Portland OR 97204
REF.: Hydrogeologist
Period:January 1, 2016 through December 31, 2016
CONTRACT NOTICE OF AWARD - RENEWAL
Dear Mr. Eaton
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its fourth (4) and
final one-year extension to the Contract effective from January 1, 2016 through December 31,
2016. This renewal period shall be governed by the specifications, pricing, and the terms and
conditions set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Groundwater Solutions,Inc.
Sincerely,
Jamie Greenberg
Purchasing Assistant
503-718-2492
jamie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements,terms,and conditions as set forth in the abovereferenced Contract.
Company: w A'T e(Z X14 dol 6)As Signed:
Date: Z� '� 7 e_C — Printed: Lor-
Water Solutions,Inc.
Memorandum
To: Jamie Greenberg - City of Tigard
From: Larry Eaton/GSI
Date: December 28, 2015
Re: City of Tigard Hydrogeologist of Record Contract Renewal January 1, 2016
through December 31, 2016
GSI Water Solutions, Inc. (GSI) is happy to accept the fourth contract renewal with the City of
Tigard to continue to provide hydrogeologic support on a variety of projects. Enclosed please
find our signed acceptance notice.
At this time, I respectfully request that the City allow us to adjust our billing rates, as per our
contract agreement. Please find below a table of current billing rates, as well as proposed 2016
billing rates. The increase is based on the most recently finalized CPI for the Portland-
Vancouver-Hillsboro,OR-WA area, at 2%. Please note that we do not want this request in any
way to impede our renewal of the contract award. Please do not hesitate to call me with
questions at(503) 239-8799 ext. 103.
Sincerely,
`^1 N 4V111
Larry G. Eaton
Principal Hydrogeologist
Name City of Tigard Proposed 2016 Billing Rates
2015 Billing Rates
Larry Eaton $171.50/hr $174.93/hr
Ted Ressler $132.75/hr $135.41/hr
Jason Melady $132.75/hr $135.41/hr
DeEtta Fosbury $110.00/hr $112.20/hr
Mary Hin st $92.75/hr $94.61/hr
Admin $83.25/hr $84.92/hr
55 SW Yamhill Street,Suite 400 Portland,OR 97204 P:503.239.8799 F:503.239.8940 info@gsiwatersolutions.com www.gsiwatersolutions.com
November 1, 2014 City of Tigard
Groundwater Solutions, Inc. GSI
Attn: Larry Eaton
55 SW Yamhill Street, Suite 400
Portland, Oregon 97204
REF.: Hydrogeologist
Period: December 30, 2014 through December 31, 2015
CONTRACT NOTICE OF AWARD—RENEWAL
Contract#C120034
Dear Mr. Eaton:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its third (3nd)
one-year extension to the Contract effective from December 30, 2014 through December 31,
2015. This renewal period shall be governed by the specifications, pricing, and the terms and
conditions set forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Groundwater Solutions, Inc.
Sincerely,
Michelle Wright
Business Manager
503-718-2445
MichelleW@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions assetforth in the above r ferenced Co tract.
Company: r Signed: -
Date: Zg — OCT Printed: LCA f-t�A (.T', E14"
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
S
Water Solutions,Inc.
Memorandum
To: Ms. Michelle Wright - City of Tigard
From: Larry Eaton/GSI
Date: October 28, 2014
Re: City of Tigard Hydrogeologist of Record Contract Renewal December 30, 2014
through December 31, 2015
GSI Water Solutions,Inc. (GSI) is happy to accept the third contract renewal with the City of
Tigard to continue to provide hydrogeologic support on a variety of projects. Enclosed please
find our signed acceptance notice.
At this time,I respectfully request that the City allow us to adjust our billing rates,as per our
contract agreement. Please find below a table of current billing rates,as well as proposed 2015
billing rates. The increase is based on the most recently finalized CPI for the Portland-
Vancouver-Hillsboro,OR-WA area for Professional and Business Services. Please note that we
do not want this request in any way to impede our renewal of the contract award. Please do not
hesitate to call me with questions at(503) 239-8799 ext. 103.
Sincerely,
Lam G Eaton X\
Principal Hydrogeologist
Name City of Tigard Proposed 2015 Billing Rates
2014 Billing Rates
Larry Eaton $166.50/hr $171.50/1-r
Ted Ressler $129.00/hr $132.75/hr
Jason Melady $129.00/hr $132.75/hr
DeEtta Fosbury $96.75/hr $110.00/hr (grade level change)
Mary Hin st $90.00/hr $92.75/hr
Admin $81.00/hr $83.25/hr
55 SW Yamhill Street,Suite 400 Portland,OR 97204 P:503.239.8799 F:503.239.8940 info@gsiwatersolutions.com www.gsiwatersolutions.com
c im3 y
November 1, 2013 City of Tigard
Groundwater Solutions, Inc. GSI
Attn: Larry Eaton
55 SW Yamhill Street, Suite 400
Portland, Oregon 97204
REF.: Hydrogeologist
Period: December 30, 2013 through December 31, 2014
CONTRACT NOTICE OF AWARD - RENEWAL
Dear Mr. Eaton:
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the
renewal/extension clause contained in the terms and conditions of the Agreement, desires to
exercise its second (2nd) one-year extension to the Contract effective from December 30,
2013 through December 31, 2014. This renewal period shall be governed by the
specifications, pricing, and the terms and conditions set forth per the above referenced
Contract.
Please acknowledge acceptance of this renewal by signing this document in the
space provided below and returning it to me within ten (10) days. You may keep a
copy for your records.
The City looks forward to doing business with Groundwater Solutions, Inc.
Sincerely,
,Crna
Michelle Wright
Business Manager
SEP c+
503-718-2445
I\IichelleW@dgard-or.gov �y
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms, and conditions as set forth in the above reference Contract.
Company: (7 Lf ����'�'�4�* Signed:
Date: Se 0 '1e 13 Printed: Lr'r-':, c
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 0 www.tigard-or.gov
Contract#
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
HYDROGEOLOGICAL SERVICES
THIS AGREEMENT made and entered into this 7'''day of December,2011,by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and GSI Water
Solutions,Inc.,hereinafter called Consultant.
RECITALS
WHEREAS City has need for the services of a company with a particular training,ability, knowledge,
and experience possessed by Consultant,and
WHEREAS City has determined that Consultant is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed,together
with an executed copy of this Agreement. Consultant agrees to complete work that is detailed
in Exhibit A and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on December 31,2012. All work under this Agreement shall
be completed prior to the expiration of this Agreement. The City and Consultant may agree in
writing, and not less than sixty (60) day prior to any contract year, to four (4) additional one-
year terms. The total duration of this agreement may not exceed five(5)years.
3. COMPENSATION
City estimates that total payment to Consultant over the possible five year life of this
Agreement will not to exceed Three Hundred Sixty Thousand and No/100 ($360,000.00),
based on the hourly rates included herein, for performance of those services described herein,
which payment shall be based upon the following applicable terms:
A. Payment by City to Consultant for performance of services under this Agreement .
includes all expenses incurred by Consultant, with the exception of expenses, if any
identified in this Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any fizrther 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.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City
on any account of any labor or material fin-nished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. If Consultant fails,neglects or refuses to make prompt payment of any claim for labor
or services furnished to Consultant or a subcontractor by any person as such claim
becomes due,City's Finance Director may pay such claim and charge the amount of the
payment against funds due or to become due the Consultant. The payment of the
claim in this manner shall not relieve Consultant or their surety from obligation with
respect to any unpaid claims.
H. Consultant 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.
I. Consultant 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 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.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this agreement during the City's current fiscal year. Funding for work
performed under this agreement in subsequent fiscal years is dependent upon budget
adoption by Tigard's City Council.
K. The Consultant may submit revised pricing/billing rates to the City prior to the
execution of any option year extension to this Agreement. Any revised pricing/billing
rates shall be made in writing and submitted to the City no less than sixty (60) days
prior to the termination date of the Agreement.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Consultant
prior to termination of this Agreement by Consultant or upon completion of the work pursuant
to this Agreement:
5. ASSIGNMENT/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, Consultant 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
Page 2
subcontractor nor anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is
and shall be deemed to be an independent Consultant as defined by ORS 670.700 and
not an employee of City, shall not be entitled to benefits of any kind to which an
employee of City is entitled and shall be solely responsible for all payments and taxes
required by law. Furthermore,in the event that Consultant is found by a court of law
or any administrative agency to be an employee of City for any purpose, City shall be
entitled to offset compensation due,or to demand repayment of any amounts paid to
Consultant under the terms of this Agreement, to the full extent of any benefits or
other remuneration Consultant receives (from City or third party) as a result of said
finding and to the fixll extent of any payments that City is required to make (to
Consultant or to a third party)as a result of said finding.
B. The undersigned Consultant 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 Consultant, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his or her normal charge for the type of service provided.
Consultant 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.
C. Consultant certifies that it currently has a City business license or will obtain one prior
to delivering services under this Agreement.
D. Consultant is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement
to enter into this Agreement. Consultant warrants that all its work will be performed in
accordance with generally accepted professional practices and standards as well as the
requirements of applicable federal,state and local laws,it being understood that acceptance of a
Consultant's work by City shall not operate as a waiver or release.
Consultant agrees to indemnify, defend and hold harmless the City for all liability arising from
actions, suits, claims or demands attributable solely and exclusively to acts or omissions of
Consultant, in performance of this contract. City agrees to indemnify, defend and hold
harmless the Consultant for all liability arising from actions, suits, claims or demands
attributable solely and exclusively to acts or omissions of City,in performance of this contract
Page 3
8. INSURANCE
Consultant 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 Consultant's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Consultant and its subcontractor shall
provide at least the following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term
of this contract, Comprehensive General Liability Insurance covering Bodily Injury
and Property Damage on an "occurrence" form (1996 ISO or equivalent). This
coverage shall include Contractual Liability insurance for the indemnity provided
under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal&Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 5,000
B. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the
term of the contract, Commercial Automobile Liability coverage including coverage
for all owned, hired, and non-owned vehicles. The Combined Single Limit per
occurrence shall not be less than$1,000,000.
C. Workers'Compensation Insurance
The Consultant,its Subcontractors,if any,and all employers providing work,labor,or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law 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. Consultants who perform work without the assistance or labor of any
employee need not obtain workers'compensation coverage. All non-exempt employers
shall provide Employers Liability Insurance with coverage limits of not less than
$500,000 each accident.
D. Additional Insured Provision
The Commercial General Liability Insurance and Commercial Automobile Insurance
policies and other policies the City deems necessary shall include the City, its
officers,directors,and employees as additional insureds with respect to this contract.
Page 4
E. Insurance Carrier Rating
Coverages 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.
F. 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 certificate
will specify and document all provisions within this contract. A renewal certificate
will be sent to the above address 10 days prior to coverage expiration.
G. Independent Consultant Status
The service or services to be rendered under this contract are those of an
independent Consultant. Consultant is not an officer, employee or agent of the City
as those terms are used in ORS 30.265.
H. Primary Coverage Clarification
The parties agree that Consultant'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.
I. 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.
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:
City of Tigard
Attn: Office of Risk Management
13125 SW Hall Blvd.
Tigard,Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. 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.
9. METHOD&PLACE OF SUBMITTING NOTICE,BILLS AND 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:
Page 5
CITY OF TIGARD GSI WATER SOLUTIONS,INC.
Attn: John Goodrich,Utility Division Manager Attn: Larry Eaton,Principal Hydrogeologist
Address: 13125 SW Hall Blvd. Address: 55 SW Yamhill Street,Suite 400
Tigard,Oregon 97223 Portland,Oregon 97204
Phone: (503)718-2609 Phone: (503)239-8799
Fax: (503)684-7297 Fax: (503)239-9840
Email Address: ,johnatiggd-or.gov Email Address: leatonrQsiws.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 who notices,bills and payments are to be
given by giving written notice pursuant to this paragraph.
10. 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.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the
City by a Consultant that does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an attorney and/or other professional who
individually, or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have ten (10) business 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 13 (B) (3)of this agreement.
12. 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 Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to
Consultant, 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
Page 6
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
Consultant, its subcontractors, agents, and employees to provide the services
required by this Agreement is for any reason denied,revoked,or not renewed.
4) If Consultant becomes insolvent, if voluntary or involuntary petition in
bankruptcy is filed by or against Consultant,if a receiver or trustee is appointed
for Consultant, or if there is an assignment for the benefit of creditors of
Consultant.
Any such termination of this agreement under paragraph (a) shall be without prejudice
to any obligations or liabilities of either parry already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may
terminate the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the
time specified herein or any extension thereof,or
2) If Consultant 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 (10) days or such other period as City
may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults
(including breach of contract) by Consultant 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), Consultant 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 Consultant 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 Consultant. 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.
14. 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.
15. FORCEMMEURE
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, an act of God or of a
Page 7
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 (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.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant 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.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans
with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules
established pursuant to those laws.
18. ERRORS
Consultant 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.
19. EXTRA(CHANGES)WORK
Only the City's Project Administrator for this project may authorize extra (and/or change)
work. Failure of Consultant 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 Consultant thereafter shall be entitled to no compensation whatsoever for the
performance of such work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final
acceptance of the work by the owner. Consultant warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Consultant
from liability under warranties contained in or implied by this Agreement.
21. 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 attorney's fees and court costs on appeal.
22. 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.
Page 8
23. 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
subcontractors and income tax withholding contained in ORS Chapter 279B,the provisions
of which are hereby made a part of this agreement.
24. 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.
25. AUDIT
Consultant 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. Consultant 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.
26. 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
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant
labor or materials for the execution of the work provided by this order. Consultant must pay all
contributions or amounts due from Consultant to the Industrial Accident Fund incurred in the
performance of this order. Consultant shall not permit any lien or claim to be filed or prosecuted
against Buyer or any subdivision of City on account of any labor or material to be furished.
Consultant further agrees to pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order,then no person shall be employed for more than eight (8)
hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or
emergency or where the public policy absolutely requires it, and in such cases, except cases of
contracts for personal services as defined in ORS 279A.055,the labor shall be paid at least time and
a half for all overtime in excess of eight (8) hours a day and for all work performed on Saturday
and on any legal holidays as specified in ORS 279C.540.In cases of contracts for personal services
as defined in ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in
excess of forty (40) hours in any one week, except for those individuals excluded under ORS
653.010 to 653.260 or under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS'COMPENSATION
Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, fiunishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury, to the employees of such Consultant, of all sums which the
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Consultant agrees to pay for such services and all moneys and sums which the Consultant collected
or deducted from the wages of the employees pursuant to any law,Consultant agreement for the
purpose of providing or paying for such service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits 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. Consultant,by the signature of its authorized representative,hereby
acknowledges that he 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.
Awarded by Tigard's Local Contract Review Board at their November 22,2011 business meeting.
CITY OF TIGARD G WATER SOLUTIONS,INC.
City Representative—Signature Con tan's Representative-Signature
City Representative—Printed Name Consultant's epresentative—Printed Name
Date Date
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EXHIBIT A
SERVICES TO BE PROVIDED
A. Task 1: ASR Operational Support
1. Track the performance of the City's ASR wells and track the response of the host
aquifer to ASR operation.
2. Collect water quality samples per the requirements of the City's ASR limited license.
Review water quality data as necessary.
3. Provide the City with periodic updates on the performance of the ASR program and
advise the City, as needed, with regard to operation of the ASR wells. Updates
should be submitted to the City once every two months,at a minimum.
4. Per the City's ASR limited license, perform all necessary reporting to the state and
provide ASR operational updates to the state,as needed.
5. Provide training to the City's public works personnel, as needed,related to operating
and understanding the ASR program.
6. Continued develop of ASR operational planning for City personnel and provide
ongoing support as needed.
7. Provide technical support regarding water quality parameters related to the new joint
water supply partnership with Lake Oswego,which will include the use of ozone for
disinfection.
8. Complete all tasks and activities related to modifying the OWRD limited license due
to source water injection changes anticipated before 2016.
B. Task 2: ASR Expansion
1. Review existing ASR data with regard to developing an ASR expansion program.
2. Work with the City staff and the Public Works Director and/or the City's
engineering consultant to develop a short list of target ASR sites.
3. Develop a work plan for exploring and testing the short list of ASR sites.
4. Develop planning-level exploration and testing costs.
5. Working with the Public Works Director and/or the City's engineering consultant,
develop planning-level development costs for one or more targeted ASR sites.
6. Present an ASR expansion plan to the City staff,as needed.
C. Task 3: ASR Drilling and Testing
1. Develop plans and specifications for drilling and testing one or more ASR sites.
2. Assist the City and the Public Works Director and/or the City's engineering
consultant to develop the contract documents for the test well drilling and testing
program.
3. Assist the City in bidding, reviewing, and awarding a test well drilling and testing
contract for one or more targeted ASR sites.
4. Manage the test well drilling and aquifer testing program as the City's representative.
5. Review test well results and provide the City with a recommendation about
developing the test well as an ASR production well. Work will include final well
design recommendations and water quality evaluation.
D. Task 4: General Project Management
1. Provide general project management for the City's ASR program.
2. Provide permitting and regulatory support for the City's ASR program.
3. Provide general hydrogeologic support for the City's ASR program and well
production system.
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4. Attend meetings as requested by the City in support of the ASR program.
5. Provide planning support and cost estimating support to the City for the ASR
program.
6. Attend regional meetings on behalf of the City in support of the ASR program as
requested.
E. Task 5: Hydrogeologic Support for ASR Wellhead Design,Construction,and Startup
1. Provide the Public Works Director and/or the City's engineering consultant with
support during pre-design and final design of the ASR pump station(s).
2. Provide the Public Works Director and/or the City's engineering consultant with
support during construction of the ASR pump station(s).
3. Provide documentation and support as needed to ensure the ASR pump station is
completed as designed.
4. Provide ASR start-up support of the newly constructed ASR pump station.
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EXHIBIT B
CONSULTANT'S PROPOSAL
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