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Kleinfelder - Slope Stabilization Design Services � F CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO SLOPE STABILIZATION DESIGN SERVICES THIS AGREEMENT made and entered into this 22nd of July, 2004 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Kleinfelder 15050 SW Doll Parkway,Inc. Suite L,Beaverton,OR 97006-6028,hereinafter called Consultant. RECITALS WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes.for which City requires the services; and WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the services described in Consultant's bid or proposal; THEREFORE, The parties agree as follows: 1. SERVICES TO BE PROVIDED Consultant agrees to provide services related to slope stabilization design services as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on October 30, 2004. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Consultant an amount not exceeding two thousand six hundred ninety seven and 50/100 dollars ($2,697.50) for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Consultant's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further 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. C. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Consultant or a sub consultant by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 1 of 6 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. G. Consultant shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work 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. H. Consultant shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, 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. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or 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: _Contract Manager for City Contract Manager for Consultant City of Tigard Company:(Kleinfelder Attn:Brian D.Rager,P.E. Attn: Travis T.Nguyen,P.E. 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 15050 SW Koll Parkway Suite L 97006 Phone:(503)639-4171 ext.2471 Phone:503-644-9447 Fax: 503-624-0752 Fax: 503-643-1905 Email Address:BrianR@ci.tigard.orms Email Address: 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before 30th of October, 2004 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Consultant for services rendered prorated to the date of termination. 8. 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. 9. FORCE MAJEURE 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, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of sub consultant or supplies due to such cause; provided that the General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 2 of 6 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. 10. 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. 11. INDEMNITY/HOLD HARMLESS Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the- investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant or its subconsultants, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's negligence. 12. INSURANCE Consultant 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. The policy or policies of insurance maintained by the Consultant 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. Business Automobile Liability Insurance If Consultant will be delivering any goods or services which require the use of a vehicle, Consultant shall provide City a certificate indicating that Consultant has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 3 of 6 cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Consultant and all employers providing work, labor or materials under this Contract that are either 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 or employers that are exempt under ORS 656.126. 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 such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Rating All coverage 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. E. 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 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. 20. 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 witness fees(expert and non-expert), attorney's fees and court costs on appeal. 21. 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 subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of which are hereby made a part of this agreement. 22. 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 terms of proposal conflicting herewith. 23. 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. General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 4 of 6 24. 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 Exhibit, 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 modification of this Agreement shall be effective unless and until it is made in writing and signed by both 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 Consultant 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. CONSULTANT Yl-El ry�l_D EA— By: Company Name GAA► LfPMJUotJ CE-01E .WtJiOt,GRo,.p MarJ6&,Z- Print R&Title o orized Representative -', i 0�.- cusr 3 L Z004 SigAame Date CITY OF TIG ---, S By D.Rager,P.E. Public Works Engineering Mgr Date By: #stin P. Duenas,P.E., City Engineer Date General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 5 of 6 EXHIBIT A SCOPE OF SERVICES CONSULTANT'S PROPOSAL Per attached proposal letter dated Revised June 7, 2004, from Kleinfelder. i1e1g12004-2005 fy cip\slope stabilization at quail hollow westtconbact issues\kleinfelder contract-7-22-04 lots 22-28 Aoc General Services Agreement—Kleinfelder Slope Stabilization Design Services—File No.0500 Page 6 of 6 KLEINFELDER An employee owned company Revised June 7, 2004 Kleiinfelder Project'No.: 32366. Mr. Brian D. Rager, Engineering Manager City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 SUBJECT: Changes Order for Additional Engineering Services Slope Stabilization Design Services Quail Hollow west Subdivision,Lots 22 through 28 S.W. 129'h Avenue & S.W. Gallin Court Tigard, Oregon Dear Mr. Rager: Per your request, Kleinfelder has prepared this letter describing our request for change order. Kleinfelder has completed a geotechnical report dated September 23, 2003, which included geotechnical exploration and slope stabilization design services for the above referenced project. In our report, we selected and evaluated stability five of fourteen cross sections of the proposed grading stabilization of the slope provided by Kurahashi & Associates (Kurahashi). However, the proposed stabilization grading plan has been revised along the slope. Kurahashi has provided us with 14 cross sections of the revised grading stabilization along the slope. We compared the original and revised cross sections and it appears that two revised cross sections are quite different from the original cross sections as shown on the attachment. We recommend that these two revised cross.section to be evaluated for stability. We understand from Kurahashi that two lots at both ends of the study area will be regraded from a proposed 2Horizontal:I Vertical (H:V)slope to 1H:1V to match adjacent lots outside of the study area. At this transition, slope stabilization using boulders (riprap like material) is proposed. Kurahashi has asked Kleinfelder to design the slope stabilization for these two lots. In additional to above request for additional engineering services, we have completed the following additional engineering services. We have completed a stability evaluation of a new cross section at Station 2+85 that was provided to us by Kurahashi & Associates on October 3, L.-\2004\PRo.IEcTs\37466\POR4L097.noc COPYRIGHT 2004 KLEP*uDER,INC. KLEINFELDER 15050 S.W. Koll Parkway, Suite L, Beaverton, OR 97006-6028 (503) 644-9447 (503) 643-1905 fax KLEINFELDER 2003. A Kleinfelder engineer attended a meeting with you and Greg Kurahashi at Kurahashi's office on October 10,2004. Details of the change order are presented below. Change Order 1) Completed Additional Engineering Services — These services were billed to you on invoice # MiQ;-5 . 1. Stability Evaluation for cross section at Station 2+85 $237.50 2. Meeting on October 10, 2004 $170.00 3. Senior review $ 65.00 Subtotal $507.50 2) Additional Engineering Services—Stability Evaluation for four revised cross sections. 1. Producing cross section plans from Kurahashi's CAD file $ 50.00 2. Preparing Cross Sections and this letter $ 340.00 3. Stability Evaluation $1,190.00 4. Report Preparation $ 340.00 5. Senior review 270.00 Subtotal $2,190.00 Total $2,697.50 Kleinfelder appreciates the opportunity to provide services to City of Tigard on this project. If you have questions or comments regarding this letter, please contact the undersigned at (503) 644-9447. Sincerely, KLEINFELDER,INC. ° Ir Travis T.Nguyen, P.E. Robert L. Stephens,P.E. 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