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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