City Contract

Description

ATTACHMENT B - CITY CONTRACT CONSTRUCTION-PROFESSIONAL SERVICES AGREEMENT [PROJECT NAME/IDENTIFIER] This Agreement is entered into between the City of Happy Valley, a municipal corporation of the State of Oregon (“City”), and [DESIGN PROFESSIONAL], a [ENTITY TYPE] of the state of [ENTITY STATE] (“Consultant”). This Agreement is made effective as of [DATE] (the “Effective Date”). This Agreement may refer to the City and Consultant individually as “Party” or jointly as “Parties.” RECITALS WHEREAS, the City requires the services of an Oregon licensed professional to provide construction related [architectural/engineering/photogrammetric mapping/transportation planning/land surveying] services for the [Project Name] project (the “Project”), including [brief description of services] (the “Services”); and WHEREAS, the City [directly solicited/conducted an informal solicitation for/conducted a formal qualifications-based selection for] the Services, and Consultant responded by submitting a proposal for the Services dated [DATE] (the “Proposal”); and WHEREAS, the City duly selected Consultant [, (which the City Council authorized on DATE) -or- (which was duly authorized pursuant to the City’s public contracting rules),] to provide the Services based on the information provided in the Proposal; and WHEREAS, the City desires to contract with Consultant to provide the Services. AGREEMENT NOW THEREFORE, in consideration of the foregoing Recitals incorporated by this reference and the mutual promises contained in this Agreement, the City and Consultant agree as follows: 1. Term The term of this Agreement shall be from the Effective Date until not later than [END DATE] unless amended or sooner terminated under the provisions of this Agreement. Passage of the Agreement’s term shall not extinguish, prejudice, or limit either party’s right to enforce this Agreement with respect to any default or defect in performance that has not been corrected. 2. Consultant’s Services Consultant’s Services and schedule for performance are set forth in Exhibit A. Any conflict between this Agreement and Consultant’s Proposal shall be resolved first in favor of this Agreement. Consultant will use its best efforts and due diligence in its performance Page 1 of 20 BEH CRPSA Template V. 5.14.2025 of the Services and will provide such personnel, materials, supplies, and equipment as are necessary to successfully provide the Services.