AKS Engineering And Forestry ~ C170055 City of Tigaw
i ONTRA.CT CAN , ORMR/ 13125 SW Haff glvsi
Tigard,Oregon 9722:3
ANiENDiV� T St71VIMAMY phone (503)639-4171
Fl= CHANGE ORDER FORM Fax (503)684--°7297
Project Title: ODOT S lus Survey Project ana er: Sean Farrell .
Contractor: AKS Original Contract#: C170055
Effective Dates: Chane Order/Amendment Amount:
Accounting Strin :940-9000-54001 Amendment Percenta e Run nin Total: %
Change end date to June 30, 2018
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
Allow time to complete work
_:)� CE'd'•I�tPA�lc� QEtI���!�tfia..
�t�`ll'�l`'pRUjF 1N•A�l`A�,��, _. .. .. ARQ :' _ .
' to
ate, Date
Contractor is hereby authorized by the City of Tigard to perform CONTItAC'T�
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed theproject's FY budget.
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ODOT SURrLus ROW SuRvEY
C170055
AMENDMENT #1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and AKS Engineering and Forestry,LLC,hereinafter referred to as Contractor, entered into on the 2"d
day of February,2017,is hereby amended as follows:
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution,and shall expire,unless otherwise
terminated or extended, on june 30, 2047-june all, 2018. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD AKS ENGINEERING AND FORESTRY,LLC
---�Yo .—
kA�
Signature Signature 1 /
M a 4-k&- L.Wls% '64'K NCH r
Printed
Name Printed Name
6/2 61-7 9" 7—
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUS T ACCOMPANYEvFRY CONTRACT
Contrast Title: ODOT Surplus ROW Survey Number: c r?(Z5_
Conttactot: AKS Erngmeerrng and Forestry Conttact Total. $,8375
Contract Overview Swryel.for ODOT right-of-a-aF in back of Saxonpropext3to acquire throb
surplus process
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate Low
Risk Reduction Steps:
Risk Comments:
Risk`ignature:
Contract Manager: Scan Fam4 Ext: 2420 Department: CD
T' pe: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA Q Other: Professional Services Start Date: 2/2/17 End Date: 6/30/17
Quotes/Bids/Proposal: FIRM mo -NT/ScogE
Direct appointment
Account Strin& Fund-Division-Account Work Order—ActhdIN Tvhe Amount
Year 1 _940-9000-54001 97013-940-130 S8,375
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature: WAZI�
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract#C I70
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ODOT SuRPLus ROW SURVEY
THIS AGREEMENT, made and entered into this 2nd day of February, 2017, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and AKS Engineering
and Forestry,LLC,hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the City's Fiscal Year FY16-17 budget provides for Survey services for the Main at
Fanno project;and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City; and
WHEREAS, the City desires to engage the Consultant to render professional surveying services for
the project described in this Agreement, and the Consultant 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. Consultant's Scope of Services
The Consultant shall perform professional survey services relevant to the Project in accordance
with the terms and conditions set forth herein, and as provided in Exhibit A,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 30,2017 whichever comes first. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement,and
for services required in the fulfillment of Paragraph 1, the Consultant shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit B 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 Eight thousand three
hundred seventy-five and No/100 dollars ($8,375.00) 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 Consultant 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 Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant 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 Consultant periodically,but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to the
Consultant 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 Consultant shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as described
in Exhibit B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant 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
Consultant shall be subject to audit by the City. The Consultant 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 Consultant 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) Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) 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.
3) 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.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Consultant shall make payments promptly,as due,to all persons supplying services or
materials for work covered under this contract. Consultant shall not permit any lien
or claim to be filed or prosecuted against the City on any account of any service or
materials furnished.
2 �
ProfSA Template—Revised 9 '24/2015
6) If Consultant fails,neglects or refuses to make prompt payment of any claim for labor,
materials,or services furnished to Consultant, 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 Consultant. The payment of
the claim in this manner shall not relieve Consultant 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 Consultant; 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 "DOUG" or "DXF"
format, of the original drawings of the work. The City shall have unlimited authoriv; to
use the materials received from the Consultant in any way the City deems necessary.
B. The City shall make copies, for the use of and without cost to the Consultant, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Consultant 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 Consultant 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 Consultant at no additional expense to the City except as provided
elsewhere in 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 an;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. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent with this agreement, but
Consultant is not subject to the direction and control of the City. Consultant 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. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant 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 Consultant to
provide services under this contract are employees of Consultant and not of City.
Consultant acknowledges that it is not entitled to benefits of any kind to which a City
31
ProfSA Template—Revised 9/24/2015
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 lave. Furthermore,
in the event that Consultant 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 Consultant under the terms of the
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 full extent of any payments
that City is required to make (to Consultant or to a third party) as a result of said finding.
C. 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 the Consultant,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,Consultant 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. 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.
F. Consultant shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. Tlie Tigard Business License is based
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end of
the calendar year.
G. Consultant 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 Consultant as a
material inducement to enter into this Agreement. Consultant 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 b;T members of the Consultant's 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 Consultant's work
by the Cit; shall not operate as a waiver or release. Acceptance of documents by City does
not relieve Consultant of any responsibility for design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives 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 Consultant or its subcontractors, sub-
41
ProfSA Template—Revised 9/24/2015
consultants, agents or employees in performance of this contract at both trial and appeal
level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal
or invalid for any reason v-hatsoever,such illegality or invalidity shall not affect the validity
of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify,defend, save and
hold harmless the City of Tigard,its officers, employees,agents,and representatives 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 Consultant
or its subcontractors,sub-consultants,agents or employees in performance of professional
services under this agreement. Any work by Consultant that results in a design of a facility
that is not readily accessible to and usable by individuals v.-ith 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 Consultant,
regardless of the type of claim made against the City in performance of this contract. 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 Consultant unrelated to the
quality of professional services provided by Consultant in performance of this contract.
S. 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 corer risks arising directly or
indirectly out of Consultant'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 Consultant and its subcontractors 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(CG 20101185 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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
51
ProfSA Template—Revised 9!24/2015
B. Professional Liability
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act, error or omission in the rendering of or failure to render Professional
Services.Combined single limit per claim shall not be less than$2,000,000,or the equivalent.
Annual aggregate limit shall not be less than$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant'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$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers' Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing vork, 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.
Consultants who perform work vithout 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$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the City its officers,employees,agents and representatives 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 Consultant's insurer will provide such if less
than 24 months. Consultant will be responsible for furnishing certification of Extended
Reporting coverage as described or continuous "claims-made" liability coverage for 24
months follovng 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.
6I
ProfSA Template—Revised 9,'24 12015
G. Insurance Carrier Rating
Coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies having
an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject
all or any insurance carrier(s)-a ith an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors mai self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
shoving evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
I. 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 effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of Additional
Insured Endorsement. A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The sen-ice or services to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
K. 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.
L. Cross-Liability Clause
cross-liability clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard,Oregon 97223
At the discretion of the City, a cop;- of each insurance policy, certified as a true copy by an
7I
ProfSA Template—Revised 9/24/2015
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
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. 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 pad•Consultant 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 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.
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 party 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 days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement.
81
ProfSA Template—Revised 9/24./2015
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 anv 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.
11. 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.
i2. Method and Place of Giving Notice, Submitting Bills and Mairing 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:
Attn: Sean Farrelly Attn: Nick White
Address: 13125 Ste'Hall Blvd. Address: 12965 SW Herman Road,Ste 100
Tigard, Oregon 97223 Tualatin, OR 97062
Phone: (503) 718-2420 Phone: 503-563-6151
Email: se _ Email: ,. �:-
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.
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 Consultant,which does not represent clients on matters contrary to City interests. Further,
91
ProfSA Template—Revised 9/24/2015
Consultant shall not engage services of an Consultant 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 of an Consultant 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 Cit•;representative regarding the conflict.
After such consultation, the Consultant shall have 30 days to eliminate the conflict to the
satisfaction of the Cit;•. 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 not Consultant shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and-v ithout 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.
16. 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 659A.142, and all regulations and administrative rules
established pursuant to those laws. All facilities designed by Consultant under this contract shall
be designed to be readily accessible to and usable by individuals with disabilities as required by
the Americans with Disabilities Act.
17. 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.
18. Extra (Changes)Work
Only the City's Project Manager 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.
10
ProfSA Template—Revised 9'224,,20 15
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Ani• action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Q=12Hance With Applicable Law
Consultant shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,2"9B,and 279C.
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 Consultant as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
23. 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.
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. Representations and Warranties
Consultant represents and warrants to the City that:
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Consultant, enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that) preceding the
effective date of this Agreement, faithfully has complied with:
11 �
ProfSrl Template—Revised 9/24/2015
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters
316,317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant, to Consultant's property, operations, receipts, or income, or to
Consultant's performance of or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,services,or property,whether tangible or intangible,provided
by Consultant;and
4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Consultant's services rendered in the performance of Consultant's obligations under this
Agreement, shall be provided to the City free and clear of any and allrestrictions on or
conditions of use, transfer,modification,or assignment,and shall be free and clear of any
and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of
any kind.
26. Corn fiance with Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions
described in subsection 25.C. 11 through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this
Agreement, that the Consultant has complied with the tax laws of the State of Oregon and
the applicable tax laws of any political subdivision of this state also shall constitute a material
breach of this Agreement. An violation shall entitle the City to terminate this Agreement,
to pursue and recover any and all damages that arise from the breach and the termination of
this Agreement,and to pursue any or all of the remedies available under this Agreement,at
law,or in equit;,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing
to Consultant,in an amount equal to State's setoff right,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The City shall be entitled to recover any and all damages suffered
as the result of Consultant's breach of this Agreement, including but not limited to
direct,indirect,incidental and consequential damages,costs of cure,and costs incurred
in securing a replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City
may pursue any remedy or remedies singly, collectively, successively, or in any order
whatsoever.
12
ProfSA Template—Revised 9/24/2015
27. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibits, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B,Exhibit A shall control.
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/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
CITY OF TIGARD AKS ENGINEERING
AND FORESTRY
By:Authorized City p sentative By:Authorized Contractor Representative
Z -4 z-3-/jZ
Date Date
13
ProfSA Template—Revised 9/24/2015
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall render professional services as described below:
For the Property shown in Exhibit B:
• Preparing property line adjustment application forms and written narrative addressing
applicable code criteria
• Preparing a planning application map based on previously completed survey work and also
including the necessary items listed in the City of Tigard application for property line
adjustment
• Installing missing property corner monuments and new property corner monuments
defining the proposed property line
• Preparing a Record of Survey showing the outer property boundary and the adjusted
property line
• Preparing legal descriptions for the two adjusted properties and transfer area
• If necessary consultant will obtain an ODOT right-of-way entry permit for access
14
ProfSA Template—Revised 9.'24/2015
EXHIBIT B
CONSULTANT'S PROPOSAL
151
ProfSA Template•-Revised 9/24/2015
M
♦y/ jj,
Of
41
o.
a
�_ _ *,,f *4 '
- K TUAL1r' N L'AN�:C�LiVK Swii,. rZr4- -- - _
17.QA5$W HFA"N RD Surm fi2.YA Yu.'Arm OR G70152 6'(9C731$sipF;51 s-i's9305a"t—V !!
December 30,2016
City of Tigard
Attn:Sean Farrelly
13125 SW Hall Blvd
Tigard, OR 97223
Phone: (503)718-2420
Email:
RE. Surveying Services for the site located at 12533-12537 SW Main Street(2S102ACO2000&2100),
City of Tigard, Washington County, Oregon
Mr. Farrelly:
Attached is our proposal to provide Surveying Services for the above project.This proposal is based on planning
and surveying services necessary to complete a property line adjustment.We will do our best to perform our
services in a timely manner to help ensure a successful project for all parties involved.
We look forward to working with you on this project. If you have any questions,please call.
Sincerely,
AKS ENGINEERING&FORESTRY,LLC
AJI�4&
Nick White—PLS,Associate
ESTIMATE FOR PROFESSIONAL SERVICES
This estimate is made to the City of Tigard (Client) by AKS Engineering& Forestry, LLC(AKS)to provide
Surveying Services for the site located at 12533-12537 SW Main Street(2S102ACO2000&2100), City of
Tigard,Washington County, Oregon.See attached Exhibit'A'for the approximate limits of work.
SCOPE OF WORK
The following list of items are services AKS will be responsible for completing. All work outlined below will
be performed by or under the direct supervision of a Professional Land Surveyor.
SURVEYING SERVICES:
AKS will perform the following services for the property shown in attached Exhibit'A':
• Preparing property line adjustment application forms and written narrative addressing applicable
code criteria
• Preparing a planning application map based on previously completed survey work and also including
the necessary items listed in the City of Tigard application for property line adjustment
• Installing missing property corner monuments and new property corner monuments defining the
proposed property line
• Preparing a Record of Survey showing the outer property boundary and the adjusted property line
• Preparing legal descriptions for the two adjusted properties and transfer area
• If necessary AKS will obtain an ODOT right-of-way entry permit for access
REIMBURSABLE EXPENSES
• Washington County Surveyor's Office Recording Fee
ESTIMATED FEES FOR SERVICES
SURVEYING SERVICES:...............................................................................................................$7,975
REIMBURSABLE EXPENSES:..........................................................................................................$400
Total Estimated Fees:$8,375
BASIS OF FEE AND BILLING:
In consideration for performing said services,the Client agrees to compensate AKS monthly for services
based on standard hourly rates.
i�.t: Fage 2
ASSUMPTIONS
• The title report from the previous project can be utilized.
• Private utility locates are excluded.
• Excludes services necessary for partition platting.
• Excludes encroachment resolution.
• Excludes additional legal descriptions for easements or agreements.
• Assumes previously completed topographic mapping can be utilized.
• Assumes Client will provide city application fees.
• Assumes Client will be responsible for preparing deed jackets for PLA recording.
• Assumes Client will be responsible for deed recording and associated fees.
• Excludes meetings with ODOT or other public meetings.
EXCLUSIONS:
Services that do not fall within the Scope of Work are excluded from this agreement.
A4�43t
AKS Engineering&Forestry,LLC Client
Date 12/30/2016 Date
AKS Engineering&Forestry, LLC City of Tigard
12965 SW Herman Road,Suite 100 13125 SW Hall Blvd
Tualatin,OR 97062 Tigard, OR 97223
"-nin S':ree, U:,Yember 30,2C!6
Pag:,.
Exhibit A
Lam"•' � •, �
1 1 _
r
� a 3