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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 61Paac 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 111 Pagc 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 1of3 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 2of3 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 3 of 3 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 1of2 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 2of2