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Mears Design Group ~ C140001 City of Tigard 13125 Ste'Hall Blvd. CONTRACT CHANGE ORDER/ Tigard,Oregon 97223 ® g g AMENDMENT #1 SUMMARY FORM Phone- (503; 639-4171 Fax- (503) 684-7297 -w z w.ti and-or. ov Project Title: Potso Dog Park Project Manager: Kim McMillan Contractor: Mears Design Group Original Contract #: C140001 Effective Dates: 6/19/13 Chane Order/Amendment Amount: $ N/A Accounting Strin :420-8000-56005-92021-130 Amendment Percentage Running Total: % AMENDMENT DETAILS Change in termination date only CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Because of land use issues, the design contract termination date will need to be extended. Construction on this project will occur in the spring of 2013. Design can move forward after the pending land use issue is resolved. REQ STING PROJECT MANAGER P V CIT AFF Signature 4 Signature to Zq_1 _ —� to I'j,I l Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules, regulations, and laws that may be in effect for the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed theproject's FY budget. bate CITY OF TIGARD,OREGON AMENDMENT TO PERSONAL SERVICES CONTRACT POTSO DOG PARK LANDSCAPE CONSTRUCTION DOCUMENTATION CONTRACT#C140001 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Mears Design Group, hereinafter referred to as Consultant, entered into on the 19`' day of June, 2013,is hereby amended as follows: 2. EFFECTIVE DATE..AND DURATION This Agreement shall become effective upon the date of execution, and shall expire,unless otherwise terminated or extended, on"_.b_s'_315 June 30, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY O TIG MEARS DESIGN GROUP Signature Signatur M1 � -Tko�i A, MIP-Aas Printed Name Printed Name Ib(-'-,111-;;7 10/30 12-of 3 Date Date CPI'Y OF TiGARO OREGON CONTRACT SUMMARY FORM ('FORM MUST ACCOMPANY EA CH CONTRACT FOR AUTHORIZATION) Contract Title: Potso Dog Park Landscape Construction Doc. Number: C I Contractor: Mears Design Group Contract Total: $7,920.00 Contract Overview: Tyke: ❑ Purchase Agreement Start Date: 6/19/13 End Date: $/31113 ZPersonal Service ❑ Public Improvement LCRB Award: Direct Appt. Department: PW/Engine�eting ❑ IGA ❑ Other: Contract Manager: ILim.Mc1'Nlillan Quotes/Bids/Proposal: FIRM AM T RE DIRECT APPOIN"r Account String: Fund-Division-ACcUunt Project-Fugd-Phase Amount FY2013-14 420-8000-56005 92021-421-130 $7.920.01 AFFrovals Department Comments: Direct Appoint coat=ract under$20,000 Department Signature: +tea Purchasing Comments: OAL Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract Nurnbee-t �7 Uf36} CI I'1'OF TIGARD,OREGON PERSONAL SERVICES CONTRACT POTSO DOG PARK LANDSCAPE CONSTRUCTION DOCUMENTATION THIS AGREEMENT made and entered into this 19" day of June,2013 by and between the City of Tigard,a municipal corporation of the State of Oregon, hereinafter called City, and Mears Design Group,, hereinafter called Consultant. RECITALS WHEREAS, the City's 2012-2013 fiscal year budget provides for services rehited to landscape construction documentation for Potso Dog Park,and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Consultant,and WHEREAS, City has determined that Consultant is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE,the Parties agree as follows: 1. SERVICES TO BE PROVIDED Consultant shall initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit:1 and by this reference made a part hereof Any and all work assigned by the City vt ll be contained in subsequent scope of work as needed. 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on August 31, 2013. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Consultant by the City shall not exceed Seven Thousand Nine Hundred Twenty and No/100 Dollars ($7,920,00) if all tasks are completed. Any and all payments made to the Consultant shall be based upon the following applicable terms: A. Payment by City to Consultant for performance of services under this Agreement includes all expenses incurred by Consultant, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Consultant's mi voice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. 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. D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. E. Consultant shall not permit any Lien or claim to be filed or prosecuted against the City on any account of any labor or material futxmished. F. Consultant shall pay to the Department of Revenue all sutras withheld from employees pursuant to ORS 316.167. G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or services fimrriished to Consultant or a subcontractor by any person as such claim becomes due, City's Finance Director may pay such claim and charge the amount of the payment against funds due or 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. H. 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 ©RS 653.410 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. 1. 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 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. J. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal gear. Funding during future fiscal years shall be subject to budget approval by Tigard's Citi-Council. 4. OWNERSHIP GP WORK PROW City shall be the owner of and shall be entitled to possession of any and all work products of Consultant which result from this :agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Consultant prior to termination of dhis _agreement by Consultant or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT MELEGATION 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 whatsoever unless and until the other party has so consented_ If City agrees to assignment of tasks to a subcontract, Consuhant shall be ftmlly- responsible for the acts or omissions of any subcontractor 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. 2 � : . 6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT Consultant certifies that: X Consultant acknowledges that for all purposes related to this.Agreement,Consultant is and shall be deemed to be an independent Consultant as defined by OILS 670.600 and not an employee of City,shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore,in the event that Consultant is found by a court of law or any administrative agency to be an employee of 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 this 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. B. The undersigned Consultant hereby represents that no employee of the City,or any partnership or corporation in which a City employee has an interest,has or Quill receive any remuneration of any description from Consultant, either directly or indirectly, in connection with the letting or performance of this Agreement,except as specifically declared in writing. 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 or her normal charge for the type of service provided. 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. C. Consultant certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. INDEMNIFICATION City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a Consultanes work by City shall not operate as a waiver or release. Consultant agrees to indemnify and defend the City,its officers, agents and employees and hold them harmless from any and all liability,causes of action,claims,losses, damages,judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level,whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, ding or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification shall also cover claims brought against the City under state or federal worker's compensation laws. if any aspect 3 ` of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8, INSURANCE Consultant and its subcontractor 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, including the operations of its subcontractor of any tier. The policy or policies of insurance maintained by the Consultant and its subcontractor 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 kggregate 4,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 2,000,000 Fire Damage (Any one fire) 50,000 Medical.Expense (Any one person) 5,000 B. Commercial Automobile Insurance Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the contract, Commercial ._automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers' Compensation Insurance The Consultant,its subcontractors,if any, and all employers providing work,labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires thetas to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. 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 workers' compensation coverage. _U non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than$500,000 each accident. 41 D. Additional insured Provision The Commercial General Liability Insurance and Commercial Automobile Insurance policies and other policies the City deems necessary shall include the. City, its officers, directors, and employees as additional insureds with respect to this contract. E. Insurance Cartier Rating Coverages 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 cartier(s)with an unacceptable financial rating. F. 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 certificate will specify and document all provisions within this contract. .A. renewal certificate will be sent to the above address 10 days prior to coverage expiration. G. Independent Consultant Status The service or services to be rendered under this contract are those of an independent Consultant. Consultant is not an officer, employee or agent of the City as those terms are used in CARS 30.265. H. Primary Coverage Clarification The panties agree that Consultant's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. I. Cross-Liability Clause ,1 cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions policies required by this contract. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of City,in lieu thereof, a certificate in form satisfactory to City certifying to the issuance of such insurance shall be forwarded to: City of Tigard Arta. Office of Risk Management 13125 SW Hall Blvd. Tigard,Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. 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. 9. METHOD&PLACE OF SUBMITTING NOTICE,SILLS AND PAYMENTS ,U notices, bills and payments shall be made in writing and may be given by personal delivery, trail or 5E by fax. Payments may be made by personal delivery, nail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CiTy of TIGARD MEARs DEsIGN GROUP Attn: Ivim.McMillan,Engineetng ME Attn: Troy Mears Address: 13125 SNX'Hall Boulevard address: PO Box 23338 Tigard,Oregon 97223 Portland, Oregon 97281 Phone: (543) 718-2642 Phone: (543) 641-4516 Fax: 543 684-7297 Fax. 543 924-4688 Email: ki,rn@6gard-or.goy Email: troym@ -iearsdesiga on 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 given by giving written notice pursuant to this paragraph. 10. MERGER This v4-r ting is intended both as a final expression of the Agreement between the parties u-ith 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. 11. PROFESSIONAL SERVICES The City- requires that services provided pursuant to this agreement shall, be provided to the City by a Consultant that does not represent clients on mattes contrary to City interests. Further, Consultant shall not engage services of an atto mey and/car other professional who individually, or through members of his/her same firm,represents clients on matters contrary=to City interests. Should the Consultant represent clients on matters contrary to City interests or engage the services on an attorney 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 13 (B) (3)of this agreement. 12. TERMINATION MTHOUT CAUSE At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to�Consultant. If City terminates the contract pursuant to this paragraph,it shall pay Consultant for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Consultant,or at such later date as may be established by City,under any of the following conditions: 61 1) If City funding from federal, state,local, or other sources is not obtained and continued at levels sufficient to allow, for the purchase of the indicated quantity, of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed,or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Consultant, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Consultant becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Consultant, if a receiver or trustee is appointed for Consultant, or if there is an assignment for the benefit of creditors of Consultant. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Consultant, may terminate the whole or any part of this Agreement: I) If Consultant fails to provide sen-ices called for by this agreement within the time specified herein or any extension thereof,or 2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. 3) If Consultant fails to eliminate a conflict as described in Section ll of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement_ 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; provided, 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 law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. 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. 71 !, , _ . at least time and a half for all hours worked in excess of forty (40)bouts in any one week except for those in&ideals excluded under ORS 653.0110 to 653.260 or under 29 USC SS 201-209. 29. MEDICAL CARE AND WORIMRS'COMPENSA'T'ION 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 such Consultant, of all sums which the Consultant agrees to pay for such services and all moneys and suxns which the Consultant collected or deducted from the wages of the employees pursuai-it to any law, Consultant agreement for the purpose of providing or paying for such sen-ice.. 30. COMPLETE AGREEMENT This Agreement and attached exhibits constitutes the entire agreement 'between the 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 he 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 MEARS DESIGN GROUP By: Ma*64 � rer By:Au o d Agent of Consultant Date Date Iv 1 ExHIBIT A SERVICES To BE PROVIDED CONSTRUCTION DOCUMENTS A. Planf=Plan& Details Consultant will prepare a planting plan at 1"=20' showing the planting layout,plant schedule,and planting details for the project. 1. Water quality Swale landscape design and details per CWS design standards. 2. Street tree layout design and details per City of Tigard code requirements. 3. Larking Lot planting plan and details per City of Tigard code requirements_ 4. Plant schedule/list to reflect the City of Tigard and CWS agreement. B. Irrigation Plan&Details Consultant will prepare an irrigation plan at 1"=20'showing the irrigation plumbing,sprinkler layout, zone calculations,valve locations and control wiring for the project. 1. Develop an irrigation plan for the landscape plantings area (i.e.;parking lot landscape,water quality swale and field area). 2. Specify hardware to be installed. Specific to City of Tigard Standards. 3. Specifjr installation design / layout. 4. The irrigation plan will consider that an appropriate quantity of water at a useable static pressure will be available for the landscape irrigation beginning at the meter on site. MDC;will base the design on pressure information obtained from the water purveyor. 5. The irrigation system,will utilize a 120V power permanent automatic controller with central control capability (radio communication). C. Landscape & Irrigation Technical Suecifications Consultant will prepare landscape and irrigation technical specifications for construction installation bidding of the project. D. Landscgpe & Irrigation Construction Cost Estimate Consultant will prepare an estimate of probable construction cost based upon the final Landscape and Irrigation Plans. BIDDING A. Attend Pre-bid meeting. B. Provide bidder questions response. C. Provide review of Consultant project specific product/material submittals. D. Prepare addendum as required. 11 � C CNSTRU CTI oN_ADwNI sTRATIoN A. Attend Pre-Construction meeting. B. Provide three (3) site observations/reports to review Consultant installation per construction documents. C. Provide technical guidance to Consultant and City. D. Provide review and response to Consultant RFI's and change orders. E. Conduct substantial completion walk-through and prepare punch list. F. Conduct final walk-d-ru. G. Review for completeness of landscape Consultant submitted Record Drawings (as-built). ftop SAL A. Construction Documents- $4,700 1. Planting Plan&Details -$1,710 2. Irrigation Plan& Details - $1,590 3. Landscape& Irrigation Technical Specifications - $630 4. Landscape& Irrigation Construction Cost Estimate - $540 B. Bidding—$945 C. Construction Administration - $2,205 D. Rate Schedule 1. Principal Landscape Architect-$90 2. Landscape Design Assistant- $75