HomeMy WebLinkAbout2009-040 Agrmt - HDR Engineering
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THIS AGREEMENT is made effective this
between HDR Engineering Inc. (hereinafter
corporation (hereinafter City).
RELEASE AND SETTLEMENT OF CLAIMS
q+A. day of ~n' I
HDR) and the City of Ashland,
, 2009,
a municipal
WHEREAS, HDR entered into a contract with the City to provide consulting servIces, as
outlined in the Request for Proposals (RFP) dated July 24,2007; and
WHEREAS, HDR reports that the services it provided exceeded the agreed upon contractual
amount as described in the original contract and the first and second amendments to the contract,
and that thirty thousand nine hundred and sixty eight dollars and seventeen cents ($30,968.17) is
still owing; and
WHEREAS, on February 12, 2009, HDR, submitted a bill to the City for payment of
($30,968.17), which exceeds the original contract amount by $9,159.84; and
WHEREAS, HDR's claim is based on the assertion that the services it provided to the City were
approved in the RFP and the contract signed on October 8, 2007, amendment one signed on
March 14,2008 and amendment two signed on February 8, 2009; and
WHEREAS, the Public Works Depa~ent approved of the content of the RFP and the contract
and amendments, but does not agree that all of the services provided by HDR were defined in the
RFP and contract signed on October 8, 2007; and '
WHEREAS, pursuant to the Ashland Municipal Code, the City Administrator is authorized to
settle disputes, in order to avoid claims or liens against City property.
IT IS HEREBY AGREED that, for the sole consideration of payment of the sum of thirty
thousand nine hundred and sixty eight dollars and seventeen cents ($30,968.17) and the
execution of this Release by HDR that' HDR does hereby, for itself, its officers, agents and
employees, their heirs, executors, administrators, successors, and assigns, release and forever
discharge the City of Ashland, its officers, directors, agents, employees, successors, and assigns
from any and all claims, demands, actions or causes of action which HDR now has or which
hereinafter may accrue against the City of Ashland, its officers, directors, agents, employees,
successors, and assigns in connection with the consulting services and any other services or
deliverables provided by HDR under the Transportation System Plan Capital Improvement
Project or the Siskiyou Boulevard project and any of its components, including, without
limitation, any and all claims, demands, actions aitd causes of action that ~se from the
billing statement(s) submitted to the City of Ashland by HDR ett~"" \ -'0 i-09 . This release
expresses a full and complete release ofliability claimed and denied, regardless of the adequacy
of the above consideration, and the acceptance of this release shall not operate as an admission of
liability on the part of anyone. HDR has not been represented by counsel throughout this process,
but has been given the opportunity to consult with legal counsel.
Release and Settlement of all Claims
HDR Engineering Inc. and City of Ashland
I
- "
I-~ ~ ~.
THE PARTIES FURTHER DECLARE and represent that no promise, inducement, or agreement
not expressed herein has been made between them, that this Release contains the entire
agreement between them, and that the terms of this Release are contractual and are not merely
recitals.
By:
,
H;;t?i9
Ric ard Appic 1
Approved as to Form
STATE OF OREGON )
) ss.
County ofJael(s9fl rn.u.Hno~ )
The signature ofHDR Engineering, Inc. was acknowledged before me on
i 1 <?' ,2009. 7
I OFFICIAL SEAL
,'. .', GARNETTA CRABTREE
\. ' ./ NOTARY PUBLIC - OREGON
'" ..... COMMISSION NO. 411049
MY MMISSIO SOT BE 1 01
11M flLtfa..,0abiY.LL
No~ary Public for Oregon
My Commission Expires: ~her l~, 201 b
STATE OF OREGON
)
) ss.
)
County of Jackson
+ The signatures of the City of Ashland were acknowledged before me on
n'f )() ,2009.
@Aa~~
Notary Public for Oreg n
My Commission Expires: Nb () ~
. ':OFFICIAL SEAL
DIANA R, SHIPLET
NOTARY PUBLIC-OREGON
COMMISSION NO. 405584
MY COMMISSION EXPIRES MAY 2. 2010
~O{O
Release and Settlement of all Claims
HDR Engineering Inc. and City of Ashland
2
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Page 1 / 1
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
iir'~E>A:rE~~&:1~ ~,~e-e]NUiMBERt':t~
7/1/2008 07884
VENDOR: 006912
HDR ENGINEERING
PO BOX 3480
OMAHA, NE 68103-0480
FOB Point:
Tenns: Net
Req. Del. Date:
Speclallnst:
SHIP TO: Ashland Public Works
(541) 488-5587
51 WINBURN WAY
ASHLAND, OR 97520
Req. No.:
Depl.: PUBLIC WORKS
Contact: Mike FauQht
Confinning? No
~Qrra'iifl~ &~linit~ ~~~~~~~m'f1it!ti~D1t~Ii.Dffi)n'it~t~~~~~~~'W~~~ [~~Uniirp,Hce~ ~~~'Ext1mHc~~
THIS IS A REVISED PUReHASE ORDER
EnQineerinQ consultant for the 117,000.00
Transportation System Plan Capital
Improvement Proiect Update and System
Development eharQe Update.
Processed chanQe order 03/20/2008 41,260.00
Amendment NO.1 - Add Phase II
Transit Review and Update to orQinal
project. ,
Processed chanQe order 02118/2009 20,620.00
ehanQe Order NO.2 for Siskiyou
Pedestrian Safety Review, Approved by
City eouncil on AUQust 5, 2008 ,
Processed chanQe order 04-15-2009 9,159.84
Settlement AQreement
Per Release and Settlement of Claims
AQreement made effective April 9, 2009.
,
SUBTOTAL 188039.84
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2028 TOTAL 188,039.84
ASHLAND, OR 97520
mt~r~~1(Qii~:f[t5E!r~ ~~roj&ctfNnmoer;~'~Nf~ 1~;f~AmQ'U'fft~~'i8 r~l~~oumIii.umJ?"i;;_ ~~~R1:9jiajN:~iij))l1Jk~~7] "':f!'i,'H:.fA"":'1~J1<;!Ul~~1H'.""
"",,,-, _~.,."._,.."____~'J'&\r;,gJf t:'r"~Jr.l_-,-,"-m()uJl,,:' :.~
E 260.08.35.00.70420 E 200712.1 00 , 1 88 039.84 ,
,
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"dX ~_.~ //J707'
A orized Signature
VENDOR COPY
CITY OF
ASHLAND
NOTICE OF TRANSMITTAL
TO: Karl Olson
DATE: 4113/09
PROJECT: Transportation System Plan
JOB NO.: 2007-12
SUBJECT: Final Cost Agreement
THE FOLLOWING ITEMS ARE BEING SENT TO YOU:
1. Original release and settlement of claims form for additional costs to HDR Engineering,
Inc. for costs encumbered on the Transportation System Plan project. The agreement is
fully approved.
2. Requisition forrevision to PO# 7884 for a $9,159.84 increase in the contract to
$188,039.84.
COPIES TO: Mike Faught
Karl Johnson
Department OfPUbliC7/J
By: James H. Olson
Title: Engineering Se c s anager
PUBLIC WORKS
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488.5587
Fax: 541-488-6006
TTY: 800-735-2900
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CITY OF
ASHLAND
A request for a Purchase Order
REQUISTION FORM
THIS IS A REQUEST FOR A:
Required Date of Delivery/service:lI\1!t!~~1
[X ] Change Order (existing POO 7884
Vendor Name:
Address:
City, State, Zip
Phone:
Project Title:
Project Number:
HDR Engineering
1001 SW 5th Avenue, Suite 1800
Portland, OR 97204-1134
(503)423-3700
Transportation System Plan
2007-12
Services Only t~;~!lf;li;t~~1s1>ntit~iio<~';~'t~~~t:~~~<~~i~r~\~~
[i}!Exempt:',1tl~'V">)~~~ I, H,~ ,,!ri~,:n.OUO~{~es:":"':':1
f-bi\~I,'r:l"-'tj'l~'Yk\ attached)~':ti'<~~~>"';~~~~:'t.1 ';:,
,,'<t", _._,>!.oJ"..<a..,.. ,....,
[\];~~~II!:~l-. ; (~Jlli1Vitatioi1 to BJd(cOpies-on<~'
S!-k~~'Vt~~, " ~~~-i file):~r~~~~~~~t~;,;~~.;(~~::
~ktl1.~~~r~S~~~~ [,XJ;",~~~~!?,r1~M~i~;'rf
~\'~-"'<f"'--:,o.J'':lt~~ii;J _w;;:r,-f'," (coples on file};J,~6'$;';:<;,; :''j;,\1:{~
Deserl tion
Total Cost
Change order No. 1
Change Order NO.2
Account Number
260.08.35.00.704200
~ .PkJ8$9 slt8ch the Originsl SIgned conlTBd and InSU'8nce Cerlificatos.
Employee Signature: _, ~ Supervlsorl Dept Head Signature: . .
NOTE: By SIgning I requtstiion , I CfJItify tha the above f&qu&st meets with Ctiy of Ashland SoIicitJatJon Procsss requhments eOO can be provided whsn nBCeSS8t)'
G:Pubwr1ts\Eng\OeplAdmin\Engineer\Prolect\99-38 Schedule A Change Orders'D7.12 HDR Final CO Requisition 09.x1s
Updaled on: 10113103