Resolution No. 73-36CITY OF TIGARD
RESOLUTION No. 73 - 3Se.
A RESOLUTION APPROVING AN AGREEMENT WITH THE. ENGINEERING. FIRM
OF LING & YINGER FOR ENGINEERING SERVICES RELATED TO PROPOSED
IMPROVEMENTS TO WALNUT AND TIEDEMAN STREETS, AND AUTHORIZING
THE MAYOR AND RECORDER TO EXECUTE. SAME.
Be it resolved by the City Council of Tigard, Oregon that:
Section Ls An agreement, a copy of'which is on file in the
office of the City Recorder, between the City
of Tigard and Ling & Yinger, an engineering firm, relating to
proposed improvements to Walnut and Tiedeman Streets,
hereby approved in all its particulars and the Mayor and City
Recorder are hereby authorized to execute said agreement.
Section 2t This resolution shall become effective immediately
upon passage and approval.
APPROVED: This 0 day of (7cf k- , 1973.
Mayo r
ATTEST:
Recorder /
y. r
A G R F. F, M F, N T
This Agreement made this _ F_ t day of 1,,f.~l. n. 1973
by and between the CITY OF TIGARD, acting herein by and through its Mayor
who is duly authorized so to act and in behalf of said city, hereinafter
called the "City", and Ling & Yinger, an engineering, firm.
WHEREAS, the City desires to employ an engineer to furnish engineering
services for the City's project consisting of Walnut and Tiedeman Street
Local Improvement Districts located in the City of Tigard, Washington
County. Oregon, and
WHEREAS, the Engineer has submitted a proposal for the aforesaid
engineering work dated September 12, 1973, sinned by Glenn A. Ling
the terms and conditions of which proposal including fees are satisfactory
to the City.
NOW, THEREFORE, This Agreement Witnesseth: That for and in
consideration of the mutual covenants and promises be troeen the parties
hereto, it is hereby agreed that the Engineer shat-1 f ---,ish engineering
l services and the City shall make paymen- for same in accordance with the
terns and conditions set forth in said proposal and marked "Exhibit A",
which said proposal is attached hereto, and is hereby made a part hereof
In Witness Whereof, the parties to these presents have hereunto caused
these presents to be executed in triplicate the day and year first above
mentioned.
CITY OF TIGGAR~D, OREGON
Mayor
i
Recorder
LING & YINCER
S ~c: ; t
C
RED 4RO PROFESSIONAL
fE LING & YI N G EF2 REGISTERED
Ssi
~NG1N EEq .oy LAND SURVEYOR
5198 ENGINEERS AND LAND SURVEYORS 2811C NORTHWEST GRANT AVENUE
OREGON CORVALLIS. OREGON 97330 ~oREGON
G<Y 10. 196p PHONE: 753-4573 OR 752-5460 NICK a--/YGINGER
C~fN4~.~1HG
EXHIBIT A
r
September 12, 1973
Mr. Bruce Clark
City Administrator
City of Tigard
P.O. Bois 23557
Tigard, Oregon 97227
Dear Mr. Clark:
The firm of Ling and Yinger is pleased to submit a proposal for Engineering
services on the three projects you have outlined, those being:
1) Walnut-Tiedman
2) Hunziker Project
3) Commercial Project
This proposal is divided into two sections; the first outlines services our
firm would provide, the second outlines services the City of Tigard would
provide should we enter into a contract.
The services to be performed by the engineering firm are as follows:
(1) Preliminary surveying and design of streets and storm drain system.
Design shall be to City Standards as established by the Public Works Dir-
ector and submitted for approval by the Public Works Director prior to pro-
ceeding with final design. All location of storm drains and/or sewers shall
be as approved by the Public Works Director.
(2) Final design of the streets and storm drain system and specifications
shall be submitted for approval by the Public Works Director prior to the
preparation of final plans and specifications into contract documents in
sufficient detail and quantity for holding public heari:gs and for obtaining
bids for construction. The number of copies of said plans and specifications
as specified by the Public Works Director shall be made available for distri-
bution from office of the Public Works Director.
(3) Adequate daily inspection by the Engineering Firm shall be provided for
all activities undertaken by the Contractor on the Improvement project. The
Engineering Firm shall submit the name of the person or persons to provide the
inspection services to the Public Works Director for approval in advance of
pvcvidi% such services. The Public Works Director reserves the tight to
make the final decision as to the selection of the person or persons to perform
the inspection services and to request the removal and/or replacement of said
persons upon written notice being presented to the Engineering Firm that said
services are unsatisfactory.
qW
all
Page Two
C
(4) Maintaining records and preparing progress payments and final payments
for approval as required by the Public Works Director.
(5) Providing one complete set of reproducible plans of the work as it is
constructed.
(6) Prepare all resolutions and ordinances, notices of public hearings
complete with applicable maps.
(7) Provide all necessary eonstruction staking.
(8) Provide inspection and supervision to cinsure construction conforms to
plans and specifications.
(9) Prepare final report and assessment roll.
(10) Attend informal meetings and public hearings.
(11) Provide legal descriptions for right-of-ways and easements.
(12) Provide orthophoto plans and profile sheets for use as stated in item 10.
All services to be performed by the engineering firm shall be performed inaa
manner consistent with reasonable and current engineering practices in the
geographic area of Tigard, Oregon and as approved by the Public Works Director.
The public Works Director may require that any one or more services shall be
performed or any one or more records or plans shall be prepared or kept in
a particular manner specified by the Public Works Director so long as that
particular manner sppci.fied by the City is consistent with reasonable and
current engineering practices in this area.
The City of Tigard promises that to carry out the project oovered by this
agreement, it will furnish the following services and information:
(1) Review preliminary design and cost estimates.
(2) Review and approve preliminary plans and specifications.
(3) Review and approve final plans and specifications.
(4) Review and approve monthly progress payments and final payments and
also make payments to Contractor.
(5) Secure right-of-way and easements necessary for construction.
(6) Pay all advertisement and publishing costs.
The parties mutually agree that in performing engineering services under this
agreement, the engineering firm acts as a consultant to the City of Tigard and
performs services which would otherwise be performed by the staff of the
Public Works Director. In carrying out this agreement, the engineering firm,
its members, owners, officers, agents and representatives owe a duty of loyalty
to the City of Tigard. The engineering firm promises to inform the City
Manager of any area of conflict or potential conflict between the direct of
indirect interests of the City and interests of any other person.
•Page Three
The City of Tigard promises to pay to the engineering firm the following
amount for the services covered by this agre_mtnt: 6.6% of the constructions
contract cost for final design services and 3.25% of the construction contract
cost for construction inspection.
That the compensation shall be paid in the following manner:
(1) 20 per cent of the gross eat-mated fee for final design engineering
shall be paid upon approval of preliminary design for the described project.
c_
(2) 80 per cent of the gross estimated fee for final design engineering shall
be paid upon submission and approval of all contract d6cuments for the project.
prior toethe public hearing.
(3) During construction, the inspection fee shall peipaLdsbdsed dhethentoattact
bid price and shhll be paid as progress payments.
(4) The actual final fee shall be based on final contract cost including
change orders paid to contractor.
It is the intent of this proposal to provide the City of Tigard a complete
Engineering service which would relieve the City of Tigard's Engineering staff
of the major responsibilities connected with such a project.
I can be available to answer any questions that might arise.
S:ML61.,
Glenn A. Lin
g
Ling & Yinger
GAL:msl