Lango Hansen Landscpae Architects, PC ~ C170011 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUST ACCOMPANYEvERY CONTRACT)
Contract Title: Bull Altn. Park Design/Construction Admin Services Number: I�on I I
Contractot: Lango Hansen Landscape. tchitects,PC- Contract'Total $14,305.00
Contract Ot en iev:. De.stQti of ADA accessible pathwav from SW Woodshite Lane to Bull Altn Park
pathsay Plan and Specification revisions Construction XdMinssttation Services to
support the construction efforts by the Friends of Bull Mountain Park.
Initial Risk Level. ❑ Extteme ❑High ❑ moderate ®Low
Risk Reduction Steps: Yetting of alternative layouts in the field to venk desigti intent
Risk Continents:
Risk Signature:
Contract Manager. Jeff Peck Ext: 2466 Department: PW Engineering
"T�pe: ❑ Purchase Agreement ❑ Personal Seivice ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Professional Services Start Date: 8/18/16 End Date: 12/31/16
Quotes/Bids/Ptoposal, FIRM AMO T/ COR
Lang,o Hansen Landscape Architects P C —Direct Appoint S14-305.00
Account String: Fund-Division-Account Work Ord —ActivjU Tv ge Amount
FY 15/16 120-8000-56005 92052-130 $8,410.00
FY 16/17 420-8000-56005 92052-140 $5,895.00
FY
FY
` FY
Approvals - LCRB Date:N/A
Department Comments:
Department Signatnre: e—J-1' A "'�C''t -' 1,23/1C
�.
Purchasing Comments:
_P4 1
Purchasing Signature: '}
Cit,-Alanager Comments:
Cit. Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Oflrce along with a
completed Contract Checklist.
172
Contract#C, w
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
BULL MOUNTAIN PARK DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES
THIS AGREEMENT,made and entered into this 2nd day of June, 2016,by and between the Cit;
of Tigard,a municipal corporation,hereinafter referred to as the"Cit„"and Lango Hansen Landscape
Architects,P.C.,hereinafter referred to as the"Consultant."
RECITALS
WHEREAS, the Cit-'s 2015-2016 fiscal year budget provides for services related to design of an
AD5 accessible pathway connecting SAX'Woods'rire Lane to the pathway in Bull Mountain Park as
well as construction administration services;and
WHEREAS,the accomplishment of the work and services described in this Agreement is necessary
and essential to the program of the City;and
WHEREAS,the Cit;desires to engage the Consultant to render professional landscape architectural
services for the project described in this Agreement, and the Consultant is wiling and qualified to
perform such services;
THEREFORE,in consideration of the promises and covenants contained herein,the parries hereby
agree as follows:
1. Consultant's Scope of Services
The Consultant shall perform professional landscape architectural sen ices relevant to the Project
in accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which
is attached hereto and by this reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended,on completion of the work or December 31,2017 whichever
comes first. All work under this Agreement shall be completed prior to the expiration of this
Agreement
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement,and
for services required in the fulfillment of Paragraph 1,the Consultant shall be paid on
an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,
which shall constitute full and complete payment for said services and all expenditures
which ma;be made and expenses incurred,except as otherwise expressly provided in
this Agreement. The Basic Fee shall not exceed the amount of Fourteen Thousand
Three Hundred Five and No/100 Dollars ($14,305.00) without prior vmtten
authorization.
2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost,the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant changes
and is authorized and accepted b,the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Consultant periodically,but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to the
Consultant for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of the
date of invoice. Payment shall not be considered acceptance or approval of any work or
waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City,the Consultant shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as described
in Exhibit B of this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes,the books of account of the
Consultant shall be subject to audit by the City. The Consultant shall complete work and
cost records for all billings on such forms and in such manner as will be satisfactor;-to the
City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number,as designated
by the Internal Revenue Service,or social securit;-number,as the Cit;-deems applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one 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
receiiing overtime.
3) Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical and hospital care or other
needed care and attention incident to sickness or injury to the employees of Consultant
or all sums w=hich 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.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract.
5) Consultant shall make payments promptly,as due,to all persons supplying sen-ices or
materials for work covered under this contract. Consultant shall not permit any lien
or claim to be filed or prosecuted against the City on any account of any service or
materials furnished.
2 1 Pa,, c.
6) I£Consultant fails,neglects or refuses to make prompt payment of any claim for labor,
materials,or services furnished to Consultant,sub-consultant or subcontractor by any
person as such claim becomes due,City may pay such claim and charge the amount of
the payment against funds due or to become due to the Consultant. The payment of
the claim in this manner shall not relieve Consultant or their surety from obligation
with respect to am;unpaid claims.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service,are and shall remain,the property of the Consultant;however,the
City shall be furnished,at no additional cost,one set of previously approved reproducible
drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF"
format, of the original drawings of the work. The Citi-shall have unlimited authority to
use the materials received from the Consultant in any way-the City deems necessar,•.
B. The City shall make copies, for the use of and without cost to the Consultant,of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Consultant pursuant to this Agreement, and also make available any other maps,
records,or other materials available to the Cit;from any other public agency-or body.
C. The Consultant shall furnish to the City, copies of all maps,records, field notes, and soil
tests which-were developed in the course of work for the City and for which compensation
has been received by the Consultant at no additional expense to the City except as provided
elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign,sublet or transfer any interest in or duty under this Agreement without
the written consent of the other and no assignment shall be of any force or effect Nrhatsoever
unless and until the other party has so consented. If City agrees to assignment of tasks to a
subcontract,Consultant shall be fully responsible for the acts or omissions of any subcontractors
and of all persons employed by them,and neither the approval by City-of any subcontractor nor
anything contained herein shall be deemed to create any contractual relation between the
subcontractor and City.
6. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent with this agreement, but
Consultant is not subject to the direction and control of the City. Consultant shall be an
independent contractor for all purposes and shall be entitled to no compensation other
than the compensation provided for under Section 3 of this Agreement.
B. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant is not an employee of the City for purposes of workers compensation law,
public employee benefits law, or any other law. All persons retained by Consultant to
provide services under this contract are employees of Consultant and not of City.
Consultant acknowledges that it is not entitled to benefits of any kind to which a City
31Pafe
employee is entitled and that it shall be solely responsible for workers compensation
coverage for its employees and all other payments and taxes required by law. Furthermore,
in the event that Consultant is found by a court of law or an administrative agency to be
an employee of the City for any purpose,City shall be entitled to offset compensation due,
or to demand repayment of any amounts paid to Consultant under the terms of the
agreement, to the full extent of any benefits or other remuneration Consultant receives
(from City or third party)as a result of said finding and to the full extent of any payments
that City is required to make(to Consultant or to a third party) as a result of said finding.
C. The undersigned Consultant hereby represents that no employee of the City or an
partnership or corporation in which a City employee has an interest,has or will receive
an;remuneration of any description from the Consultant,either directly or indirectly,
in connection with the letting or performance of this Agreement,except as specifically-
declared in writing.
D. If this payment is to be charged against Federal funds,Consultant certifies that he/she
is not currently employed by the Federal Government and the amount charged does
not exceed his/her normal charge for the type of service provided.
E. Consultant and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more
in the calendar year by any public employer participating in the Retirement System.
F. Consultant shall obtain, prior to the execution of any performance under this
Agreement, a City of Tigard Business License. The Tigard Business License is based
on a calendar year with a December 31st expiration date. New businesses operating
in Tigard after June 30th of the current year will pay a pro-rated fee though the end of
the calendar year.
G. Consultant is not an officer,employee,or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's profession
under similar conditions and circumstances as well as the requirements of applicable
federal, state and local laws,it being understood that acceptance of an Consultant's work
by the Cit.-shall not operate as a waiver or release. Acceptance of documents by City does
not relieve Consultant of any responsibility for design deficiencies,errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City- of Tigard, its officers, employees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, of whatsoetier nature, including intentional acts
resulting from or arising out of the activities of Consultant or its subcontractors, sub-
4 1 Pag:.
consultants, agents or employees in performance of this contract at both trial and appeal
level,whether or not a trial or appeal ever takes place including any hearing before federal
or state administrative agencies.. If any aspect of this indemnit;shall be found to be illegal
or invalid for any reason whatsoever,such illegalit;-or invalidit;-shall not affect the validity
of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify,defend,save and
hold harmless the Cit;-of Tigard,its officers,employees,agents,and representatives from
all claims, suits, or actions and all expenses incidental to the investigation and defense
thereof,arising out of the professional negligent acts, errors or omissions of Consultant
or its subcontractors,sub-consultants,agents or employees in performance of professional
services under this agreement. Any work by Consultant that results in a design of a facility
that is not readily accessible to and usable by individuals with disabilities shall be
considered a professionally negligent act,error or omission.
D. As used in subsections B and C of this section,a claim for professional responsibility is a
claim made against the Cit;in which the City's alleged liability results directl;or indirectly,
in whole or in part, from the quality of the professional services provided by Consultant,
regardless of the type of claim made against the Cit;-in performance of this contract. A
claim for other than professional responsibility is a claim made against the City in which
the Cit,-'s alleged liabilit,results from an act or omission by Consultant unrelated to the
quality of professional services provided by Consultant in performance of this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to Cit;-in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly or
indirectly out of Consultant's activities or work hereunder, including the operations of its
subcontractors of an;tier. Such insurance shall include provisions that such insurance is primary
insurance v ith respect to the interests of City and that any other insurance maintained by City is
excess and not contributory insurance u.ith the insurance required hereunder.
The polic; or policies of insurance maintained by the Consultant and its subcontractors 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 Bodil; Injur;and Property
Damage on an"occurrence"form(CG 20101185 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 $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&A&,ertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage(Any one fire) $50,000
5 [ Paac
B. Professional Liability
Consultant shall obtain,at Consultant's expense,and keep in effect during the term of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act,error or omission in the rendering of or failure to render Professional
Services.Combined single limit per claim shall not be less than$1,000,000,or the equivalent.
Annual aggregate limit shall not be less than$1,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain,at Consultant's expense,and keep in effect during the term of
the contract(Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an"occurrence" form including coverage for all owned,hired,and non-oamed
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract,the
Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the
contract, business automobile habilit,-coverage for all owned vehicles on an "occurrence"
form. The Combined Single Limit per occurrence shall not be less than$2,000,000.
D. Workers'Compensation Insurance
The Consultant, its subcontractors, if any, and all employers providing work, labor or
materials under this Contract are subject employers under the Oregon Workers'
Compensation Lau- and shall compli with ORS 656.017,which requires them to provide
workers'compensation coverage that satisfies Oregon law for all their subject workers. Out-
of-state emplmTers 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$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability,
shall include the Citi its officers,employees,agents and representatives as additional insureds
vTith respect to this contract. Coverage will be endorsed to provide a"per project"aggregate.
F. Extended Reporting Coverage
If an; of the aforementioned liability insurance is arranged on a "claims-made" basis,
Extended Reporting coverage will be required at the completion of this contract to a duration
of 24 months or the maximum time period the Consultant's insurer will provide such if less
than 24 months. Consultant will be responsible for furnishing certification of Extended
Reporting coverage as described or continuous "claims-made" liability coverage for 24
months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Rating
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Coverage provided by the Consultant must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies having
an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject
all or any insurance carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The City-understands that some Contractors may self-insure for business risks and the City
v-ill consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If the Contractor is self-insured for
commercial general liability or automobile liability insurance the Contractor must provide
evidence of such self-insurance. The Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to deterniine whether self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract,the Consultant shall furnish
a Certificate of Insurance to the Cit-,-. No contract shall be effective until the required
Certificates of Insurance have been received and approved by the City. The certificate will
specify and document all provisions within this contract and include a copy of.additional
Insured Endorsement A renewal certificate will be sent to the address below prior to
coverage expiration.
J. Independent Contractor Status
The service or ser.-ices to be rendered under this contract are those of an independent
contractor. Contractor is not an officer, employee or agent of the City as those terms are
used in ORS 30.265.
K Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the Cit; is excess and not
contributor;-insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability-clause or separation of insureds clause will be included in all general liability
and commercial automobile policies required by this contract
A certificate in form satisfactor to the City certif Ing to the issuance of such insurance will
be forwarded to:
Cit;of Tigard
Attn: Contracts and Purchasing Office
13125 SVS-Hall Blvd
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company mai be required to be forwarded to
the above address.
7 Pagc
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred, an
amount which bears the same ratio to the total fees specified in this Agreement as the
services satisfactorily rendered by Consultant bear to the total services otherwise required
to be performed for such total fee; pro-.7ded, that there shall be deducted from such
amount the amount of damages, if any, sustained by City due to breach of contract by
Consultant. Damages for breach of contract shall be those allowed by Oregon lav-,
reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
11. Non-Waiver
The failure of Cit,- to insist upon or enforce strict performance by Consultant of any of the
terms of this_agreement or to exercise any rights hereunder,should not be construed as a v-aiver
or relinquishment to any extent of its rights to assert or reh upon such terms or rights on an
future occasion.
12. Method and Place of Giving Notice,Submitting Bills and Making Payments
All notices,bills and payments shall be made in writing and ma be given by personal delivery,
mail,or by fax. payments may be made by personal delivery,mail, or electronic transfer. The
follov-ing addresses shall be used to transmit notices,bills,payments,and other information:
CITI nF TIGARD LrkNGo HANSEN LAND,%cAPR ARCHrrEC.rS,PC
Attn: Jeff Peck,Project Coordinator Attn: Kurt Lango,Principal
Address: 13125 SW Hall Boulevard Address: 1100 N)X'Glisan Street,#313
Tigard,Oregon 97223 Portland,Oregon 97209
Phone: (503) 718-2466 Phone: (503) 295-2437
Email: jeff�@dgard-or.gov Email: kurthansen.com
and when so addressed,shall be deemed given upon deposit in the United States mail,postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices,bills and payments shall be deemed given at the time of actual delivery. Changes may
be made in the names and addresses of the person to who notices,bills and payments are to be
gig-en by giving written notice pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
Agreement. No modification of this Agreement shall be effective unless and until it is made in
Writing and signed by both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be pro`-ided to the City
by an Consultant,which does not represent clients on matters contrary to City interests. Further,
Consultant shall not engage services of an Consultant and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
91Page
Should the Consultant represent clients on matters contrary to City interests or engage the
services of an Consultant and/or other professional who individually-, or through members of
his/her same firm, represents clients on matters contrary- to City interests, Consultant shall
consult with the appropriate City representative regarding the conflict.
After such consultation,the Consultant shall have seven(7)days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period,the
agreement may be terminated pursuant to Section 10(B-3) of this agreement.
15. 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,an act of God or of a
public enemy,civil unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area-
wide strike,freight embargo,unusually severe weather or delay of subcontractor or supplies due
to such cause;prodded that the parties so disenabled shall within ten days from the beginning
of such delay, notif;-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,how•-eN er,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.
16. 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.x.142, and all regulations and administrative rules
established pursuant to those laws. All facilities designed by Consultant under this contract shall
be designed to be readily accessible to and usable by individuals with disabilities as required by
the Americans with Disabilities Act.
17. Errors
Consultant shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
18. Extra(Changes)Work
Only the City's Project Manager may authorize extra (and/or change) work Failure of
Consultant to secure authorization for extra work shall constitute a wai er of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of
such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the
laws of the State of Oregon. Any action or suits involving any question arising under this
Agreement must be brought in the appropriate court of the State of Oregon.
20. Compliance With Applicable Law
10 1 Pag:,
Consultant shall comply with all federal, state, and local laws and ordinances applicable to the
work under this Agreement,including those set forth in ORS 279A,279B,and 279C.
21. 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 said terms of said
proposal conflicting herewith.
22. 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.
23. Audit
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City,the State of Oregon,the federal government,or their
duly authorized representatives to audit all records pertaining to this Agreement to assure the
accurate expenditure of funds.
24. 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 the,-
entered into the agreement.
25. Representations and Warranties
Consultant represents and warrants to the City that:
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of
Consultant,enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge,after due inquiry), for a period of no
fewer than six calendar years (or since the firm's inception if less than that)preceding the
effective date of this Agreement, faithfully has complied with:
1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters
316,317,and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant, to Consultant's propert3•, operations, receipts, or income, or to
Consultant's performance of or compensation for any work performed b3 Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to
Consultant,or to goods,sen-ices,or property,whether tangible or intangible,provided
b3•Consultant;and
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4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced
any of the foregoing tax laws or provisions.
D. Ani•intellectual property rights or such delivered to the City under this Agreement, and
Consultant's services rendered in the performance of Consultant's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or
conditions of use,transfer,modification,or assignment,and shall be free and clear of an,-
and
niand all liens,claims,mortgages,securivi interests,liabilities,charges,and encumbrances of
any kind.
26. Compliance with Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply
with all tax laws of this state and all applicable tax laws of any political subdivision of the
State of Oregon. For the purposes of this Section, "tax laws"includes all the provisions
described in subsection 25.C. 1)through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this
Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this
Agreement,that the Consultant has complied with the tax laws of the State of Oregon and
the applicable tax laws of an; political subdivision of this state also shall constitute a material
breach of this Agreement. Any violation shall entitle the Cit;to terminate this Agreement,
to pursue and recover any and all damages that arise from the breach and the termination of
this Agreement,and to pursue ani or all of the remedies available under this Agreement,at
law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff,and withholding of amounts otherwise due and owing
to Consultant,in an amount equal to State's setoff tight,without penalty;and
3) Initiation of an action or proceeding for damages, specific performance, declaratory
or injunctive relief. The City shall be entitled to recover any and all damages suffered
as the result of Consultant's breach of this Agreement,including but not limited to
direct,indirect,incidental and consequential damages,costs of cure,and costs incurred
in securing a replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent, and the City
may pursue any remedy or remedies singly, collectively, successively, or in any order
whatsoever.
27. 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
Exhibits, 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 waiver,consent,modification,or change of terms of this Agreement shall bind either part;,
unless in writing and signed by both parties. Such waiver,consent,modification, or change if
12 1 Page
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 he/she 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 LAN
GO S CAPE ARCHITECTS,P.C.
y:Marty`X'ine,Ci;,-manager By:Authorized Contractor Representative
6 ��NG a/ � bI `
Date Date
13 1 Pag
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF WORK
Design Services
• Design and construction drawings for an ADA access from SV('W oodshire Lane to the looped
ADA pathway in the park.
• Reti-isions to affected drawing sheets. See Exhibit B for additional information.
• Revisions to construction document specifications to incorporate the nein work.
m Coordination meetings to review and approve alternative connections.
• Modify the cost estimate to separate out quantities identified as city obligations, FBMP park
improvement obligations,and final pathway segment shown as future construction.
Construction Administration Services (Optional Services Tasks):
The optional services tasks are to be considered part of the contract and only to be used with written
authorization from the City's Project Manager.
• Pre-Construction Meeting: Attend pre-construction meeting on-site or at City-(3 hours). Cit;
anticipates one member of Lango Hansen to attend.
• Submittal Review: Review project submittals and provide responses within 3 business days
(Anticipated 12 hours). City to provide submittals to Lango Hansen.
• Requests for Information (RFIs): Review and respond to RFIs within 3 business days.
(Anticipate up to 4 RFIs). City to provide RFIs to Lango Hansen.
• Site Visits: Attend up to 4 site visits at 2 hours each. Site visits necessary to provide technical
assistance in the field and/or to attend meetings on an on-call basis. Site visit requests to be
initiated by the city.
• Project Coordination with City staff: Provide coordination efforts for the duration of the
project. Coordination by phone of at Cit;as needed. 16 hours anticipated.
• Preliminary Walk-thru: Attend a preliminary walk-thru (3 hours)to assist with development of
punch list for contractor.
SCHEDULE MILESTONES
Begin design work—Early June 2016
Complete design work—Late June 2016
Construction: August 2016—October 2016
COST/RATE ESTIMATES
Principal $135/hr
Landscape Architect $90/hr
Support Staff $75/hr
141 Pagc
EXHIBIT B
LINIS11PE A"CHITcrTS PC
May 09,2016
Jeff Peck
Project Coordinator
City of Tigard
13125 SW Hall Blvd
Tigard,OR 97223
RE Bull Mountain Park ADA Access
Dear Jeff:
This proposal for Bull Mountain Park additional services is based upon a request we received from
your office.We understand that in addition to the scope submitted in the latest Bull Mountain
Park 100%CD package,the City has requested fees for additional scope outside of the current
limits of work and updates to the construction document package to include the additional scope
items.
DESIGN OF THE ADA ACCESS FROM WOODSHIRE TO THE PERVIOUS SITE TRAIL
PLANS
This work would include updates to the current construction document plans and details
including,but not limited to the following sheets:
L001 -Additions to Sheet Index
L201 -Tree Protection Plan
Identify trees to be removed and additional tree protection fencing and mitigation
L202-Demolition Plan
Additional clearing and grubbing,removal/relocation of barricade,chain link fence,
signage,etc as required to accommodate ADA access.
L203-Erosion and Sediment Control Plan
Additional compost berms along new project impact area.And any additional
information required related to ADA access.
L301 -Materials Plan
Show new ADA access and reference in material notes and sections as needed.
L401 -Layout Plan
Show new ADA access line work and provide northings and eastings and additional
layout information as needed.
L501 -Grading Plan
Add ADA access and finish grading for access. Update pathway grading as needed for
connection.Provide spot elevations as necessary.
1100 nw glisan st #3b portland OR 97209 t 503 295 2437
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L601—Planting Plan
The park is generally considered to be a sensitive area and it is our understanding that
we would be required to follow Section 6 of the Urban Forestry Manual. We are
required to plant replacement trees in the vicinity of the removed trees. As requested
by the City,we would plant the new trees on the east side of the most easterly section of
the looped trail. The trees are required to be native with the minimum size of a
replacement tree to be 2 feet in height(from the top of the root ball)or equivalent to a
1 gallon container size(whichever is larger).
SPECIFICATIONS
Revisions to Construction Document Specifications as needed.
COORDINATION MEETINGS
We understand that for construction document completion of the new ADA access pathway the
City is anticipating(2)2hr meetings with City staff. Based on information we have received,
Lango Hansen will generate two options for the City to review. We suggest that the first meeting
is on site to review the options and to discuss final direction for the ramp. The second meeting
will be during the Construction Document process to review comments.
COST ESTIMATE
Modifications to the cost estimate dated 4/8-4/10/16 to separate out quantities identified as City
obligation,FBMP park improvement obligations,and final pathway segment shown as future
construction.
We are assuming that there are no utilities that need to be relocated or constructed as part of
this improvement. Although there will be work within the right-of-way,it is our assumption that
Lango Hansen can perform this work and provide the necessary stamped drawings for concrete
work,curbs and asphalt referencing the City standard details. At this time,we have not included
drawings from a Civil Engineer.
Per our previous contract with the Friends of Bull Mountain,this proposal is for Construction
Documents only and does not include permitting, bidding or construction observation.
FEES
The proposed fees listed below are based on estimated hours of labor.
Principal $135/hr
Landscape Architect $90/hr
Support Staff $75/hr
Design $2,610
Meetings $900
Construction Documents $4,540
Cost Estimate $360
TOTAL $8,410
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Thank you for the opportunity to submit this proposal. Please let me know if you have any
questions or comments.
Sincerely,
Lango Hansen Landscape Architects, P.C.
Wv
Kurt Lango
Principal
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lango.hansen ',ANDSCA"E ARrHIIiCIS PC
May 20,2016
Jeff Peck
Project Coordinator
City of Tigard
13125 SW Hall Blvd
Tigard,OR 97223
RE Bull Mountain Park Construction Services
Dear Jeff:
Please find below our proposal and associated hours for Construction Services for the Bull
Mountain Park project.
Task Services During Construction:
1.1 Pre-Construction Meeting: Attend pre-construction meeting on-site or at City.City
anticipates one member of LH to attend.
3 hrs KL
1.2 Submittal Review: Review submittals and provide responses within 3 business days. City to
provide submittal to LH.
12 hrs HB
1.3 Requests for Information(RFIs): Review and respond to RFls within 3 business days
City to provide RFI's to LH.
6 hrs HB
1.4 Site Visits: Attend up to(4)site visits. Site visits necessary to provide technical assistance in
the field and/or to attend meetings on an on-call basis. Site visit requests to be initiated by
City. Provide Field Reports from each visit.
15 hrs KL
1.5 Project Coordination with City staff. Provide Coordination efforts for duration of the
project. Coordination efforts by phone or at City as needed.
16 hrs HB
1.6 Preliminary Walk-thru: Attend a preliminary walk-thru to assist with development of punch
list for contractor.
3hrs KL
1100 nw glisan st #3b portland OR 97209 t 503.295 2437
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Principal/Kurt Lango $135/hr
Landscape Architect/Heidi Baker $90/hr
TOTAL $5,895
Thank you for the opportunity to submit this proposal. Please let me know if you have any
questions or comments.
Sincerely,
Lango Hansen Landscape Architects, P.C.
WV
Kurt Lango
Principal
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