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HomeMy WebLinkAbout2009-040 Agrmt - HDR Engineering ..E........... ~ -;<I , 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 r~' '. 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 , , , Y/' "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 r~' 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