Res 1510- Agrt Crane St Wtr Mas
COUNCIL BILL NO. 1927
RESOLUTION NO. 1510
A RESOLUTION ENTERING INTO AN AGREEMENT WITH SUZANNE CRANE ENGINEERING,
INC. DOING BUSINESS AS CRANE & MERSETH ENGINEERING/SURVEYING FOR
PROFESSIONAL ENGINEERING CONSULTANT SERVICES RELATED TO ENGINEERING
SERVICES FOR COMPLETION OF A STORMWATER MASTER PLAN AND AUTHORIZING
THE MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, The City of Woodburn Stormwater Master plan was completed in 1978
and requires updating to comply with current requirements and consider changes caused
by growth in the community, and
WHEREAS, Consultant professional engineering services are needed now to
accomplish tasks required to complete work on an updated Stormwater Master Plan, and
WHEREAS, Crane & Merseth Engineering/Surveying, a profeSSional engineering
consultant, has provided engineering constultant services to the city on preliminary
Stormwater Master Plan engineering and other storm water studies that were satisfactory
to the city and is recommended to perform engineering services required for completion
of a Stormwater Master Plan, and
WHEREAS, a proposed agreement for profeSSional services has been prepared and
agreeded to by Crane & Merseth Engineering/Surveying and reviewed by the City Attorney
(body) and Public Works staff (technical aspects and exhibits); NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an agreement with Suzanne Crane
Engineering, Inc. doing business as Crane & Merseth Engineering/Surveying for
professional engineering consulting services relating to completion of a Stormwater Master
Plan which is affixed as Attachment II A" and by this reference incorporated herein.
Section 2. That the mayor is authorized to sign said agreement on behalf of the city.
Page 1 -
COUNCIL BILL NO. 1927
RESOLUTION NO. 1510
~. .' ~",-,~_,~'_',;,_."~".-"-- .
'I"
Approved as to form~ .~
City Attorney
.-.....,
1-l0-CJ~
Date
APPROVED.
Nancy A.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: !!l~ ~"-'r-.Jl-yst
Mary T&hnant, Recorder
City of Woodburn, Oregon
Page 2 -
COUNCil BIll NO.
RESOLUTION NO.
~".._.._"-_._._-~.....,_.~". .
--.,.............-~"'"---. '"
September 14. 1qqR
September 15, 1998
September 15, 1998
September 15, 1998
ATTACHMENT ---L1-
Page -L- of . } '1
DUPLICATE ORIGINAL
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT for services is made this _ day of September, 1998, between the
City of Woodburn, Oregon ("OWNER"), and Suzanne Crane Engineering, Inc. doing
business as Crane & Merseth Engineering/Surveying (ENGINEER).
ARTICLE 1. SCOPE OF SERVICES
A. OWNER intends to complete work on the Storm Drainage Master Plan by conducting
a Public Information Program (PIP) which is Task 1 in Attachment A; and to
supplement the current files for the storm sewer system by creating an electronic
data base inventory which is Task 2 in Attachment A, which together are the
PROJECTS. ENGINEER agrees to provide OWNER with those services described
in Attachment A to this AGREEMENT for those PROJECTS. ENGINEER may
provide OWNER with extra services (services not specified in Attachment A) if
ENGINEER and OWNER have agreed in writing to the scope of and fee for such
extra services.
B. ENGINEER will begin providing services after receipt by ENGINEER of an executed
original of this AGREEMENT and a written Notice to Proceed from OWNER.
OWNER will issue separate Notices to Proceed for each TASK. ENGINEER will
perform its services in a diligent manner to completion. ENGINEER will not be
responsible for delays caused by factors beyond its reasonable control, including but
not limited to delays because of strikes, lockouts, work slowdowns or stoppages,
accidents, acts of God, failure of any governmental or regulatory authority to act in
a timely manner, failure of OWNER to furnish timely information or approve or
disapprove of ENGINEER's services or work product promptly, or delays caused by
faulty performance by OWNER or by contractors of any level. When such delays
beyond ENGINEER's reasonable control occur, OWNER agrees ENGINEER will not
be responsible for damages or be deemed to be in default of this AGREEMENT.
ARTICLE 2. COMPENSATION
A. OWNER agrees to pay ENGINEER for services performed underthisAGREEMENT.
OWNER will pay ENGINEER on an hourly basis, plus expenses, according to the
rate schedule set out in Attachment 2 to this AGREEMENT. However, the total
compensation to ENGINEER for services provided under this AGREEMENT shall not
exceed $82,563. The rate schedule set out in Attachment 2 will be revised by
ENGINEER at the beginning of each calendar year to cover cost-of-business
changes.
Page 1 - Agreement for Professional Services - Storm Drainage Master Plan
........
~_.~"'._".....^_.~_~."...t_"'--""......_'~.__..__..............._....,..4~.,..-....._^"._-~----..,"_._. .. .. ,
Uf
,-
ATTACHMENT-L.
Page~ of J'7
DUPLICATE ORIGINAL
B. ENGINEER will submit invoices for progress payments to OWNER not more than
once each month by the 20th day of each month. The invoices will represent the
value of the completed services to date and will be prepared in the form that and
supported by such documentation as OWNER may require.
C. OWNER will pay ENGINEER's invoices within 30 days of receipt of each invoice.
Interest at the rate of 1.5% per month will be charged by ENGINEER beginning 60
days after the date ENGINEER submits its invoice to OWNER. In the event of a
contested invoice, only payment for the portion of the invoice that is contested will
be withheld. OWNER will exercise reasonableness in contesting any invoice or
portion of any invoice. ENGINEER has the right to suspend services under this
AGREEMENT, after giving the OWNER seven days written notice, if OWNER fails
to pay in full any invoice within 60 days of the date ENGI N EER submitted that invoice
to OWNER. ENGINEER will have no liability to OWNER for suspending services in
this circumstance.
D. Upon completion of these services, ENGINEER will notify OWNER in writing that its
services are complete and that final payment is due. If the services have been
completed to the satisfaction of OWNER, and if all other provisions of this
AGREEMENT have been fulfilled, then OWNER will make final payment to
ENGINEER within 15 working days of receipt of that notice.
ARTICLE 3. OBLIGATIONS OF ENGINEER
A. Standard of Care
The standard of care applicable to ENGINEER'S services will be the degree of skill
and diligence normally employed by professional consultants or consultants
performing the same or similar services. ENGINEER will reperform any services not
meeting this standard without additional compensation.
B. Subsurface Investigations
In soils, foundation, groundwater, and other subsurface investigations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, explorations, and
investigations have been made. Because of the inherent uncertainties in subsurface
evaluations, changed or unanticipated underground conditions may occur that could
affect total PROJECT cost and/or execution. These conditions and cosUexecution
effects are not the responsibility of ENGINEER.
Page 2 - Agreement for Professional Services - Storm Drainage Master Plan
'9',,,..
"~,,,",.,__>.^,_.. .._...--.....-"" ._."...."v..--....__"., .,__.""",.,..._______....~'~...."..._..._..O~".._~_.,
1'"
ATTAC~MENT---LL-
PlgI Of I '7
DUPLICATE ORIGINAL
C. ENGINEER'S Personnel at Construction Site
The presence or duties of ENGINEER's personnel at a construction site, whether as
on-site representatives or otherwise, do not make ENGINEER or its personnel in any
way responsible for those duties that belong to OWNER and/or the construction
contractors or other entities, and do not relieve the construction contractors or any
other entity of their obligations, duties, and responsibilities, including, but not limited
to, all construction methods, means, techniques, sequences, and procedures
necessary for coordinating and completing all portions of the construction work in
accordance with the Contract Documents and any health or safety precautions
required by such construction work. ENGINEER and its personnel have no authority
to exercise any control over any construction contractor or other entity or their
employees in connection with their work or any health or safety precautions and have
no duty for inspecting, noting, observing, correcting, or operating on health or safety
deficiencies of the construction contractor or other entity or any other persons at the
site except ENGINEER's own personnel.
D. ENGINEER's Approval of Documents
All written documents, drawings, and plans submitted by ENGINEER and intended
to be relied upon for the PROJECT shall bear the signature, stamp or initials of
ENGINEER. Any documents submitted by ENGINEER which do not bear
ENGINEER's signature, stamp or initials or those of the ENGINEER'S authorized
architect shall not be relied upon by OWNER. Interpretation of plans and answers
to questions covering plans given by ENGINEER or ENGINEER's architect need not
be put in writing and may be relied upon by OWNER and others.
E. Opinions of Cost, Financial Considerations, and Schedules
In providing opinions of cost, financial analyses, economic feasibility projections, and
schedules for the PROJECT, ENGINEER has no control over cost or price of labor
and materials; unknown or latent conditions of existing equipment or structures that
may affect operation or maintenance costs;
competitive bidding procedures and market conditions; time or quality of performance
by third parties; quality, type, management, or direction of operation personnel; and
other economic and operational factors that may materially affect the ultimate
PROJECT cost or schedule. Therefore, ENGINEER makes no warranty that
OWNER's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from ENGINEER's opinions, analyses, projections, or
estimates.
Page 3 - Agreement for Professional Services - Storm Drainage Master Plan
.,..,'--- ..-..... ...,...... .._-"-"-............---..,..._j...,.......~~- ,....1-.--.,...,'..,..,-.,..._.->-_._........,__-'_....0+'........___..,_~,"''''."_..
ATTAC'fENT--L1-
Page of 1 '7
DUPLICATE ORIGINAL
F. Duty to Inform
If at any time during the performance of this AGREEMENT, or any future phase of
this AGREEMENT for which ENGINEER has been retained, ENGINEER becomes
aware of actual or potential problems, faults or defects in the Project or any portion
thereof, any nonconformance with the federal, state or local law, rule, or regulation,
or has any objection to any decision or order made by OWNER with respect to such
laws, rules or regulations, ENGINEER shall give prompt written notice thereof to
OWNER's project manager. Any delay or failure on the part of OWNER to provide
a written response to ENGINEER shall neither constitute agreement with nor
acquiescence to ENGINEER's statement or claim, nor constitute a waiver of any of
OWNER's rights.
G. Record Drawings
Record drawings, as required, will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact location,
type of various components, or exact manner in which the PROJECT was finally
constructed. ENGINEER is not responsible for any errors or omissions in the
information from others that are incorporated into the record drawings.
H. Minority-and Women-Owned Businesses; OWNER-Specified Subcontractors
ENGINEER will comply with OWNER's directives in utilizing the services of OWNER-
specified subcontractors and/or minority and women-owned businesses on the
PROJECT. Firms selected by ENGINEER to meet said directives will be subject to
approval of OWNER.
I. Workers Compensation
1. ENGINEER, ENGINEER's subcontractors, if any, and all employers working
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 for all of their workers.
2. ENGINEER shall pay all contributions required to be made by ENGINEER to
the Industrial Accident Fund.
J. Health Care Payments
ENGINEER shall pay when due all sums, including sums withheld from ENGINEER's
employees pay, which ENGINEER has agreed to pay to health care providers for
treatment rendered to ENGINEER's employees.
Page 4 - Agreement for Professional Services - Storm Drainage Master Plan
....,--
'-_.~"'.._.." '"..,..... -.._.~",..... . ,,"-'''~'''''''- ..__...._...~...~,--_.
..'"
"
ATTACHj-1ENT A
Page~ of /7
DUPLICATE ORIGINAL
K. Hours of Labor
No person employed pursuant to this contract shall be employed for more than eight
hours in anyone day, or 40 hours in anyone week, except in cases of necessity,
emergency, or where the public policy, as determined by OWNER, absolutely
requires it. Employees shall be compensated at the rate of time and a half for all
overtime worked in excess of 40 hours in one week, except for individuals who are
excluded from receiving overtime under ORS 653.010 to 653.261 or under 29 U.S.C.
Sec. 201-209.
L. Payment for Labor, Material or Services
1. ENGINEER shall make payment when due to all persons supplying labor or
material ENGINEER for the prosecution of work performed under this
AGREEMENT.
2. ENGINEER shall not permit any lien or claim to be filed or prosecuted against
OWNER on account of labor or material furnished pursuant to this
AGREEMENT.
3. If ENGINEER fails, neglects or refuses to make payment when due of any claim
for labor or services furnished to ENGINEER or a subconsultant for work
performed pursuant to this AGREEMENT, OWNER may pay such claim and
charge the amount of the payment against funds owned by OWNER to
ENGINEER.
M. State Income Tax Withholding
ENGINEER shall pay to the Oregon Department of Revenue all sums withheld from
employees pursuant to ORS 316.617.
N. Recycled Paper Required
To the maximum extent economically feasible, ENGINEER shall use recycled paper
in performing this agreement.
Page 5 - Agreement for Professional Services - Storm Drainage Master Plan
.,..,--.
-'-'~'r' .-,,'.-,... ,-'''_.... .--....,..." ,~-,-_...._.....,,---,-,'..
ATTACHMENT .....LL-
Page~ of 11
DUPLICATE ORIGINAL
O. Discrimination Prohibited
No person shall be denied or subjected to discrimination in receipt of the benefits of
any services or activities made possible by or resulting from this AGREEMENT on
the grounds of sex, race, color, creed, marital status, age, disability or national origin.
Any violation of this provision shall be grounds for cancellation, termination or
suspension of the AGREEMENT in whole or in part, by OWNER.
P. Access to ENGINEER's Accounting Records
OWNER shall have access upon request to such books, documents, receipts, papers
and records of ENGINEER as are directly pertinent to this AGREEMENT for the
purpose of making audit, examination, excerpts, and transcripts for a period of three
(3) years unless within that time OWNER specifically requests an extension. This
clause shall survive the expiration, completion or termination of this AGREEMENT.
Q. ENGINEER's Insurance
The ENGINEER will maintain throughout this AGREEMENT the following insurance:
1. Workers' compensation and employer's liability insurance as required by the
state or province where the work is performed.
2. Commercial (comprehensive) automobile and vehicle liability insurance
covering claims for injuries to members of the public and/or damages to
property of others arising from use of motor vehicles, including on-site and off-
site operations, and owned, nonowned, or hired vehicles, with $1,000,000
combined single limits.
3. Commercial general liability insurance covering claims for injuries to members
of the public or damage to property of others arising out of any covered
negligent act or omission of ENGINEER or of any of its employees, agents, or
subcontractors, with $1,000,000 per occurrence and in the aggregate.
4. Professional liability insurance of $2,000,000.
5. OWNER will be named as an additional insured with respect to ENGINEER's
liabilities hereunder in insurance coverages identified in items (2) and (3), and
ENGINEER waives subrogation against OWNER as to said policies.
Page 6 - Agreement for Professional Services - Storm Drainage Master Plan
...~.--
4_.____...._..__....m=-...........-_........."" ..._....-.-.~,. ...+"".' _.__ ",j .......u'""""'."',_...
I"
ATTACHMENT --LL-
page.-::L- of /7
DUPLICATE ORIGINAL
6. ENGINEER shall furnish OWNER a certificate evidencing the date, amount and
type of insurance that has been procured pursuant to this AGREEMENT. The
policies referenced in Q2 and Q3 above shall be written on an "occurrence
basis." All policies shall provide for not less that 30 days' written notice to
OWNER before they may be revised, nonrenewed, canceled, or coverage
reduced. Excepting worker's compensation coverage, all policies shall provide
an endorsement naming OWNER, its officers, employees and agents as
additional insureds. In the event the policy lapses during performance,
OWNER may treat said lapse as a breach, terminate this AGREEMENT and
seek damages, or use any other remedy provided by this AGREEMENT or by
law.
ARTICLE 4. OBLIGATIONS OF OWNER
A. OWNER-Furnished Data
OWNER will provide to ENGINEER all technical data in the OWNER's possession
relating to ENGINEER's services on the PROJECT. ENGINEER will reasonably rely
upon the accuracy, timeliness, and completeness of the information provided by
OWNER.
B. Access to Facilities and Property
OWNER will make its facilities accessible to ENGINEER as required for
ENGINEER's performance of its services. OWNER will perform at no cost to
ENGINEER such tests of equipment, machinery, pipelines, and other components
of OWNER's facilities as may be required in connection with ENGINEER's service,
unless otherwise agreed to. OWNER will be responsible for all acts of OWNER's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the scope of Services, OWNER will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state,
province, or federal authorities; and land, easements, rights-of-way, and access
necessary for ENGINEER's services or PROJECT construction.
D. Timely Review
OWNER will examine ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents and render in writing decisions
requested by ENGINEER in a timely manner.
Page 7 - Agreement for Professional Services - Storm Drainage Master Plan
..._ .. ~........~___._."____._.._...+--,~_,,~,......_...........~.,..~,,,"-,,_ +--,",_""=;"_"_,_~_,~,_"",,,,,~,,,_,,,~,,,,,,''''''_''",,"'~'~''"_'"'__.,o-~"_"
..
ATTAC~MENT A
Page of I 7
DUPLICATE ORIGINAL
E. Prompt Notice
OWNER will give prompt written notice to ENGINEER whenever OWNER observes
or becomes aware of any development that affects the scope or timing of
ENGINEER's services or of any defect in the work of ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances and Indemnification
If asbestos or hazardous substances in any form are encountered or suspected,
ENGINEER will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
If asbestos is suspected, ENGINEER will, if requested, assist OWNER in contacting
regulatory agencies and in identifying asbestos testing laboratories and
demolition/removal contractors or consultants. If asbestos is confirmed, OWNER will
engage a specialty consultant or contractor to study the affected portions of the work
and perform all remedial measures.
If hazardous substances other than asbestos are suspected, ENGINEER will conduct
tests to determine the extent of the problem and will perform the necessary studies
and recommend the necessary remedial measures at an additional fee and contract
terms to be negotiated.
G. Changes
OWNER, through Public Works Director as its representative, may make or approve
changes within the general Scope of Services in this AGREEMENT, including cost
allocations to the various tasks as defined in the Scope of Services. If such changes
affect ENGINEER's cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this AGREEMENT.
OWNER is not obligated to pay for services performed without OWNER's
authorization.
ARTICLE 5. GENERAL LEGAL PROVISIONS
A. Project Documents Property of OWNER.
All work in its original form, including but not limited to documents, drawings,
tracings, surveying records, mylars, papers, computer programs, diaries and
photographs, performed or produced by ENGINEER under this AGREEMENT shall
be the exclusive property of OWNER and shall be delivered to OWNER prior to final
payment. Any statutory or common law rights to such property held by ENGINEER
as creator of such work shall be conveyed to OWNER upon request without
additional compensation. Upon OWNER's approval and provided OWNER is
identified in connection therewith, ENGINEER may include ENGINEER's work in its
promotional materials. Drawings may bear a disclaimer releasing the ENGINEER
Page 8 - Agreement for Professional Services - Storm Drainage Master Plan
..;'~;
-"T"
, ",.........,,~..,' .-t-.......- ,..,... .,', - .-'..'^__"..._._,....~"".,.'.. ._.<4...,.._~."~.,,~"~W~,~.-...,<,"-'""".....
ATTACt.ENT~
Page of~
DUPLICATE ORIGINAL
from any liability for changes made on the original drawings and for reuse of the
drawings subsequent to the date they are turned over to OWNER.
B. Force Majeure
ENGINEER is not responsible for damages or delay in performance caused by acts
of God, strikes, lockouts, accidents, or other events beyond the control of
ENGINEER.
C. Termination
This AGREEMENT may be terminated for convenience by either party with 30 days'
written notice, or for cause if either party fails substantially to perform through no
fault of the other and does not commence correction of such nonperformance within
5 days of written notice and diligently complete the correction thereafter.
In the event of termination, ENGINEER shall perform such additional work as is
necessary for the orderly filing of documents and closing of the PROJECT. The time
spent on such work shall not exceed ten percent (10%) of the time spent on the
PROJECT prior to the effective date of termination. OWNER shall pay ENGINEER
and for all work performed in accordance with this AGREEMENT and all work
necessary for filing and closing as described in this section.
D. Suspension of Work
OWNER may suspend, delay or interrupt all or any part of the work for such time as
OWNER deems appropriate for its own convenience by giving written notice thereof
to ENGINEER. An adjustment in the time of performance or method of compensation
shall be allowed as a result of such delay or suspension unless the reason for the
delay is within ENGINEER's control. OWNER shall not be responsible for work
performed by any subcontractors after notice of suspension is given by OWNER to
ENGINEER. Should OWNER suspend, delay or interrupt the work and the
suspension is not within CONTRACTOR's control, then OWNER shall extend the
time of completion by the length of the delay and the method of compensation shall
be adjusted to reflect ENGINEER's reasonable increase or decrease in its standard
hourly rates.
E. No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone other than OWNER and
ENGINEER and has no third-party beneficiaries.
Page 9 - Agreement for Professional Services - Storm Drainage Master Plan
..."~-
~"'"'''''''''''_~'''''''''''_''+-"''''-~''._n'''.~~~__~.~'''_''_~_"'
ATTACHMENT -4--
page...l!2.- of I
DUPLICATE ORIGINAL
F. Indemnification
ENGINEER agrees to indemnify OWNER from any losses, damages, or judgments
arising out of claims by third parties for property damage or bodily injury caused
solely by the negligent or intentional acts or omissions of the ENGINEER, its officers,
employees, or agents in connections with the projects.
OWNER agrees to indemnify ENGINEER from any losses, damages, or judgments
arising out of claims by third parties for property damage or bodily injury caused
solely by the negligent or intentional acts or omissions of OWNER, its officers,
employees, or agents in connection with the projects.
If the negligence or intentional conduct of both ENGINEER and OWNER (or such
person identified above for whom each is liable) is a cause of such losses, damages,
or judgments, then the losses, damages, or judgments will be shared between
ENGINEER and OWNER in proportion to their relative degrees of fault.
The review, approval or acceptance by OWNER, or City of Woodburn employees,
of documents or other work prepared or submitted by ENGINEER shall not relieve
ENGINEER of its responsibility to provide such materials in full conformity with
OWNER's requirements as set forth in this AGREEMENT and to indemnify OWNER
from any and all costs and damages resulting from ENGINEER's failure to adhere to
the standard of performance described herein.
G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
OWNER shall have the right to let other agreements be coordinated with this
AGREEMENT. ENGINEER shall cooperate with other firms, engineers or
subconsultants on the project and OWNER so that all portions of the project may be
completed in the least possible time within normal working hours. ENGINEER shall
furnish other engineers and subconsultants and affected public utilities, whose
designs are fitted into ENGINEER's design, detail drawings giving full information so
that conflicts can be avoided.
H. Jurisdiction
The law of the state of Oregon shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it.
Page 10 - Agreement for Professional Services - Storm Drainage Master Plan
'''Yq~,
..-~~,^...;-.,.~.._"~."...,.~-..,.t....__.~.~-,.--...,.~._.'.......~...".-..._.._,._--_..~-'",--
,.
ATTACHMENT --L1-
Page -L..L of J 7
DUPLICATE ORIGINAL
I. Adherence to Law
ENGINEER shall adhere to all applicable federal and state laws, including but not
limited to laws, rules, regulations, and policies concerning employer and employee
relationships, workers' compensation, and minimum and prevailing wage
requirements. Any certificates, licenses or permits which ENGINEER is required by
law to obtain or maintain in order to perform work described on the Attachment 1
shall be obtained and maintained throughout the term of this AGREEMENT.
J. ENGINEER's Warranty; No Waiver of Legal Rights
Notwithstanding any acceptance or payments, OWNER shall not be precluded or
estopped from recovering from ENGINEER, or its insurer or surety, such damages
as may be sustained by reason of ENGINEER's failure to comply with the terms of
this AGREEMENT. A waiver by OWNER of any breach by ENGINEER shall not be
deemed to be a waiver of any subsequent breach by ENGINEER.
K. Attorneys Fees
In the event a suit or action is instituted to enforce any right guaranteed pursuant to
this AGREEMENT, the prevailing party shall be entitled to, in addition to the statutory
costs and disbursements, a reasonable attorneys fee to be fixed by trial and
appellate courts respectively.
L. Notices
All notices required under this AGREEMENT shall be delivered by facsimile,
personal delivery, or mail and shall be addressed to the following persons:
Mr. Gordon Merseth Mr. Frank Tiwari
Vice President Public Works Director
6566 SE Lake Road City of Woodburn
Suite D 270 Montgomery Street
Milwaukie, OR 97222-2138 Woodburn, OR 97071
M. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall be
construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
Page 11 - Agreement for Professional Services - Storm Drainage Master Plan
"'.-....
- . J.--><-'_.......".~~""..~..........._~.-+-~~.....-......-....--~-,.'"'.~
"I
...
A
ATTACHMENT J 1
P8ge~ of __
DUPLICATE ORIGINAL
N. Integration
This AGREEMENT, including its attachments, constitutes the entire agreement
between the OWNER and ENGINEER and supersedes all prior or contemporaneous
oral or written representations or agreements. This AGREEMENT shall not be modified
except with written documents signed by both parties. The following documents which
are attached to this AGREEMENT are incorporated herein and by this reference made
a part hereof.
Attachment 1: Scope of Services
Attachment 2: Schedule of Fees and Reimbursable Expenses
Articles 3, 4, and 5 shall survive termination of this AGREEMENT for any cause.
ARTICLE 6. ATTACHMENTS, SCHEDULES, AND SIGNATURES
This AGREEMENT, including Attachments 1 and 2, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and may be changed only by a written
amendment executed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed
in duplicate by their respective authorized officers or representative as of the day and year
above written.
CITY OF WOODBURN
By:
By:
Nancy A. Kirksey, Mayor
Attest:
City Recorder
Approved as to Form:
City of Woodburn
Legal Counsel
N. Robert Shields
Page 12 - Agreement for Professional Services - Storm Drainage Master Plan
"1"'"
"'-""'.'y+"""'" _" ..,.......,._.'>>0.....;." j._.'U~..h..<'_'_.,"';.<~=',_.,..".._....__.... .,'.._.,..."~""_e."ol'>____~_._.....
-"
ATTAC~J;1ENT --L1-
Page of 1'/
ATTACHMENT A
T21Sk 1. PUBLIC INVOLVEMENT PROGRAM
Storm Drainage Master Plan
SCOplil of Services
Ohjective: Provide materials for citizen information meetings, Planning Commission
information and City Council information and action.
Drscription: Plan and prepare graphic display materials for use at citizen informational
meetings, meet with city staff to review materials and plan presentations. Attend
public meetings and meetings with the Planning Commission and City'Council.
Discuss the Master Plan and the Detention Policy and answer questions regarding
the documents.
Products: Graphics for public meetings, final Storm Drainage Master Plan, Detention Policy
Scope of Services:
1. Plan and prepare draft figures and graphic materials for use at public meetings and meetings
with :the Planning Commission and the City Council. Incorporate information from the Storm
Drain.age Master Plan and other materials suitable for public information and education.
2. Coordinate public information materials with findings and recommendations of city parks and
planning staff pertaining to wetlands designations along Mill Creek, Senecal Creek and other
arleas designated in the city.
3. Prepare for and attend 4 public informational meetings.
4. Prepare for and attend a city Planning Commissions meeting/workshop. Present elements of
the draft master plan and the detention policy. Discuss each and answer questions as necessary.
5. Prepare for and attend a public hearing with the City Council. Present recommendations of the
study and answer questions as needed.
6. P!repare responses to questions and issues raised during the public hearing.
7. Prepare a draft of the plan for Staff Review.
8. Incorporate final changes and send final draft version for approval.
",c,"
.. -,-,~~~._...."~.._".~~.~~"",,....--..,_.t---...<--<._---~,.-..._~.~,--
T\"
ATTAC~fNT A
Page of / 7
AttacJunent A
Page 2
9. Pmpare and print 20 copies of the final Storm Drainage Master Plan Documents and 100
COpiell of the Detention Policy.
10. Prepare for and conduct a training session on use of the Santa Barbara urban hydrograph
modeL
Tad~ 2. PHASE II - STORMW A TER INVENTORY
Storm Drainage Master Plan
Scop.te of Services
Objectives: Create an information database for a portion of the city's storm water system
including: horizontal and vertical locations of all storm water facilities, type of
facility, age, material and connectivity of each facility. The database will be linked
with AutoCAD in such a way to create a map of all storm water facilities in the
city. The initial area to be mapped is generally bounded by Cleveland Street on the
north, Highway 99E on the east, Wilson Street on the south and Front Street on
the west, an area of about 150 acres.
DescHption: Develop a master numbering/identification system to allow each facility in the
city's storm sewer system to be included in the data base. Using the city's existing
files for storm sewers supplemented with data obtained using a portable GPS
system, select and enter specific information about the storm sewer system (such
as horizontal and vertical locations, size, material, age, etc) into an electronic data
base. Create the appropriate electronic ties to enable the data base to be converted
to a mapped format.
Products: A data base of information for storm sewer facilities within the area as described
above.
pJ.oducts: A data base of information regarding all storm sewer facilities in the city.
LeVCfl of Detail: The amount of work needed to complete preparation of the data base and
mapjling of the city's storm sewer is a direct function of the level of detail needed to satisfy the
goal$, of the city and staffwho will be using the data base/map for day-to-day work. The
following tasks and estimate of cost are presented with the following assumptions regarding the
level of detail to be provided.
Horizontal Location: all facilities will be horizontally located using a portable GPS system
and referenced to: (in order of preference)
1. the city's horizontal grid coordinate system,
j"~""""______ .___~_._._h~.<""-"""'__"__'_~___"'-''"''''__"''';'~_+'''' ..'<-" "'_""_'._..~''"'__"'''''''''^'_~'''''_
ATTACHMENT A
Page..L:i.. of I ?
Attachment A
Page 3
2. property lines,
3. street curbs or,
4. other utility locations
No new topographic survey measurements (instrument quality) will be taken to establish
the horizontal locations of these facilities as a part of tbis contract..
Vertical Location: invert elevations of all manholes, inlets, catch basins or other similar
storm water system facilities will be determined from a measurement taken from the
ground level elevations of the facility using the portable GPS unit. Other elevations for
the ground level reference points will be made using survey instruments when necessary.
Inventory data: physical data for the system will include:
1. Pipe diameters and general direction from the manhole, inlet or catch basin.
2. Pipe material as best determined without entering the structure
3. Other information about the system which can be gathered without entering the
facility or structure.
This <<:stimate presumes that the consultant will rent the GIS hardware and software for a one
month period and it will be used by consultant staff to gather field data. The scope of work
outliL\ed below will be the same regardless of the method of data collection.
Scope of Services:
1. Select and document the numbering reference system for the storm sewer data base and
mapping inventory system
2. Gather and record existing information on each facility in the city's storm sewer system (such
as m2LI1holes, pipelines, catch basins, inlets, etc). Information will include but not be limited to
such parameters as: horizontal location, elevation, material, age, connectivity, etc.
3. Rlecord information about the existing system on the city's grid mapping system maps and in a
data base.
4. Gather field data similar to the parameters listed in No.1 above where such data does not
currently exist within the city's records. It is estimated that approximately 18.5 miles of storm
sewe:r system facilities may require data gathering in the field.
5. Log data from the field work on either grid maps or in an electronic data base.
6. With city staff, create the linkages that will allow data transfer to the city's AutoCAD system.
PFlAS!o:Z.SCP
n1'T'n 1'...,..,..... "'I',.... ,..
..
ATTACHMENT A
page..ik... of 17
ATTACHMENT B
Task 1. Public Information Program
Staff Hours
TASKS/SUBT ASKS PM SE TIV Cl EXP Hours Cost
Hourly Rates 95 60 52 27
1. Plan and prepare graphics 16 4 12 8 1500 40 $4,100
2. Coordinate wetlands issues 8 4 12 $968
3. Public meetings (4) 24 16 2 240 40 $3,406
4. Planning Commission Mtg 4 4 40 8 $628
5. Council Hearing Meeting 6 4 40 10 $818
6. Hearing responses 4 4 4 12 $828
7. Prepare plan draft for staff 4 4 4 12 $728
8. Incorporate flnal changes 4 6 4 16 $848
9. Prepare final documents 16 20 16 8 800 44 $4,568
to. Staff hydrograph training 2 6 26 8 $576
TOTALS
88 44 60 26 $2,646
202 $17,468
PM = Project Manager
SE = Staff Engineer
TN = Engineering Tech IV
CI = Clerical Assistant
Note: Hourly rates are 1997
T~' ...,"-....
--
ATTACHMENTi4-
Page --L2- of
ATTACHMENT B
Task 2. Storm Sewer Inventory
TASKS/SOOT ASKS PM SE TIV CI EXP Hours Cost
Hourly Rates 95 60 52 27
PHASE U - INVENTORY
1. Select numbering system 8 16 4 28 $ 1,928
2. Gather existing data 8 40 180 $ 280 228 $ 12,800
3. Transpose existing data 2 40 16 58 $ 3,422
4. Gather field data (8) 8 280 160 $2,500 448 $ 28,380
5. Log field data 4 180 80 $ 401 264 $ 13,741
6. Create AutoCAD links 8 40 32 80 $ 4,824
Phase II - Subtotals
30 572 360 80 $ 1,585
1106 $ 65,095
(a) Assumes Task 2 field work is conducted with use of a GPS data gathering system.
(b) Hourly rates are 1997
PM = Project Manager
SE = Staff Engineer
TIV = Engineering Tech IV
C1 = Clerical Assistant
~'"- ,,"~-'"- ---y--..-...-....-....'-'-.-.-.-