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GeoDesign - C0632001 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO HALL BLVD.SIDEWALK SOUTH OF BONITA RD FILE N0.0632-96280 THIS AGREEMENT made and entered into this 27'' of June, 2008 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and GeoDesign Inc., 15575 SW Sequoia Pkwy Suite 100,Portland,OR 97224,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 Hall Blvd. Sidewalk south of Bonita Road 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 June 30, 2009. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Consultant an amount not exceeding Ten Thousand and 00/100 dollars ($10,000.00)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 subconsultant 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—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. 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. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENVDELEGATION 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 MATING 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:GeoDesign Attn:Vannie T.Nguyen,P.E. Attn:Viola C Lai/Scott,V.Mills Principle Eng 13125 SW Hall Blvd.,Tigard,Off on 97223 Address:15575 SW Sequoia Pkwy;Suite 100 Phone:503-718-2460 Phone:503-968-8787 Fax:503-624-0752 Fax:503-068-3068 Email Address:vannie@tigard-or;kov Email Address: 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before 30th of June, 2008 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. S. 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 subConsultant or supplies due to such cause; provided that the General Services Agreement—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. 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-DISCREMMATION 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—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. Page 3 of 6 cancellation. If Consultant hires a carrier to make delivery, Consultant shall ensure that said tamer 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—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. 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. 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. CITY OF TIGARD Approved by Tigard's Local Contract Review Board on: N/A By:Tom Coffee,Director of Community Development Date CONSULTANT—GeoDesign Inc. 5cof+-M 1-11s1 _ _IPH"r)(. P d I -t� i ��c nr print N*e&Title of Authorized Reptesentativ8 � 1 x ocx/— e Dto General Services Agreement—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. Page 5 of 6 EXHIBIT A SCOPE OF SERVICES Scope of Services shall be as outlined in the attached proposal from GeoDesign Inc.dated June 25,2008, GeoDesignProjectNo.Tigard-15-01. General Services Agreement—GeoDesign Inc. Hall Blvd Sidewalk south of Bonita Road File No. Page 1 of 6 ® DESIGNzu June 25, 2008 City of Tigard Engineering Department 13125 SW Hall Boulevard Tigard,Oregon 97223 k,E+.•rNIP1A*1 Attention: Ms. Reeaaa4#aki, P.E. Proposal Retaining Wall Design SW Hall Boulevard/SW Bonita Road Sidewalk Improvements Tigard, Oregon CeoDesign Project:Tigard-15-01 INTRODUCTION GeoDesign, Inc. is pleased to submit this proposal to provide geotechnical design services for a proposed retaining wall to support a proposed pedestrian sidewalk along the east shoulder of SW Hall Boulevard,just north of SW Bonita Road In Tigard,Oregon. Based on information provided by the City of Tigard(City), including a site plan,the proposed wall is approximately 188 feet long and will range between 3.5 and 11.0 feet tall. 11 batter. We understand that the City will provide wall cross sections and other information necessary for us to design the wall. The City will also provide the CAD support for this project,and we will work with City drafting personnel to ensure that the construction drawings and specifications match with our recommendations for the wall. We will then need to provide a Professional Engineer stamp on the drawings and specifications. PURPOSE AND SCOPE Specifically,we propose the following scope of services for this project: • Review the site plans,waw gyros tk=s and other information provided to us by the City for the proposed improvements. • Excavate up to three hand auger explorations along the proposed sidewalk area to a maximum depth of 12 feet below the ground surface, or to refusal,to verify existing soil conditions. pro.n'k 0) f'j�f� ° 6,01 Kit it C+`c�a�G 4W /�c 7�s V • Perform a wall stability analysis, including sliding and overturning for the proposed retaining wall. • Work with City drafting personnel to produce typical wall sections and details for wall construction, including guardrail installation details that conform to our recommendations and can be included in project plans and specifications. • Provide a written report that summarizes our design recommendations. FEE We propose to complete our scope of work on a time-and-expense basis for a not-to-exceed fee of $3,000. Our services will be provided in accordance with our Schedule of Charges and General Conditions,which are attached to and part of this proposal a MDESIG Na 2 Tigard-15-01:062508 ' a We appreciate the opportunity to work with you on this project. Please call if you have questions regarding the information provided. Formal authorization for our services can be provided by returning one signed copy of this proposal. Sincerely, GeoDesign, Inc. C,4- Viola C. Lai,P.E. Project Engineer Scott V. Mills, P.E. Principal Engineer VCL:SVM:sms Attachments Two copies submitted Document ID: Tigard-15-01-062508-geop ©2008 GeoDesign,Inc. All rights reserved. The scope of services and terms described herein are accepted, and GeoDesign, Inc. is authorized to proceed. by r , Organization Signature* Tom,...✓.-- �,, Date -' _Name-Kinted by Title *Individual with contracting authority and responsible for payment of GeoDesign,Inc.'s fees. MDI SIGN? 3 Tigard-15-01:062508 �a CITY OF TIGARD CONTRACT SUMMARY FORM HIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE A CQ UIRED Title of Contract: Hall Blvd Sidewalk south of Bonita Road. Contract#: 0632001 Contractor: GeoDesi i Inc. Total: $ Over life of contract 0 Brief Overview: Provide Geotechncial design services fora proposed retaining wall to support a Proposed pedestrian sidewalk along the should of Hall Blvd Changes Made To None Boilerplate Contract: T3Te of Contract: ❑ Purcliase Agreement -Z-Personal Service ❑ Construction ❑ Other Start Date:July 2008 End Date: une.30,-2009 LCRB,Award Date: N/A Contract Mana er: Vannie N u yen,P.E. ��� Extension-2460 De artiment: CD Quotes/Bids/Proposals: ? ! COMPANY AMOUNT / SCORE a Y r Department Comments: Direct hire Not-to ex-=eed;$10;Q00.00 De artment Si ature \ Date: Purchasing Comments: _ Purchasing Signa Date: fl::3— 63 allbt Administration: Date: ''J- /-f Certificate of Insurance Receiv ? Yes ❑ No ❑ Self-Insured (Form Received Business Tax Current? El Yes ❑ No Contractor License Current? ❑ es 311&0 Federal TIN/1099 #: or\ ? Bonds Required: ❑ Yes No Accounting String: Fund Division Account Total ap a0-0 ®-ILIA $ 10,000 ? x ENGINEERING DEPARTMENT PURCHASE REQUISITION / PO & Payment Tracking Date: July 23, 2008 PO# : 0632001 Vendor. Ship to: GeoDesign Inc City of Tigard 15575 SW Sequoia Pkwy Suite 10 Project Manager Name Portland, OR 97224 Date approved by L XXXX XXXX Phone: 503-968-8787 Taxpayer ID: XXXX XXXX Fax: 503-968-3068 WAS No.: 96280 Acct.#: 200-6300-757022 File No.: 0632 Acct.#: XXX-XXX-XXX CIP No.: XX XX-XX Project name: Hall Blvd Sidewalk south of Bonita Rd Type of contract: k " 'e orders F?4�Pa"inerifis" m Bada�v;�escrf''tion C3ates=f�;` `khan/^( F, An'Ieridrr�entSf Beginning Contract Amount FY08-09 $�;� � ,.;;;;1-0;000.00° $ 10,000.00 $ _ $ - Total Change Orders/Amendments to Contract e - m- - s $.` PO Balance ;$. Total Contract Amount NTP Issued: 09/23/08 Expires: 06/30/08 Completion Date: %contract over original amount 1100°/6 1 % contract paid Total Amount Paid for FY08-09 $' Total Contract Amount To Date: Authorized Signature Date I:\ENG\2008-2009 FY CIP\Hall Bonita Sidewalk-0632-96280\PO 8 Payment Tracking Hall Blvd Sidewalk south of Bonita 7/25/2008