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Willamette Cultural Resources Associates, LTD ~ C220028 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM Contract Overview Contract/Amendment Number: C220028 Contract Start Date:January 10, 2022 Contract End Date: August 31, 2022 Contract Title: Cook Park Cultural Resources Investigation Contractor Name:Willamette Cultural Resources Associates,LTD Contract Manager: Jeff Peck Department: Engineering Contract Costs Original Contract Amount: $9,886.54 Total All Previous Amendments: Total of this Amendment: Total Contract Amount: $9.886.54 Procurement Authority Contract Type: Personal Services Procurement Type: Small Procurement <=$10K Solicitation Number: NA LCRB Date: NA Account String: Fund-Division-Account Work Order—Activity Type Amount FY 2022/23 420-8000-56005 92068-130 $9,886.54 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Ma4--Zl.(.Z Sf",' e Comments: New Contract DocuSign Routing Route for Signature Name Email Address Contractor Todd Ogle toddnwilamettecra.com 503-281-4576 City of Tigard Steve Rymer Stever@tigard-or.gov Final Distribution Contractor Todd Ogle todd@mdLamettecra.com wilamettecra.com 503-281-4576 Project Manager Jeff Peck jeffp@tigard-or.gov Shauna Large slarge@tigard-or.gov Buyer Machelle Stephens Machelles@tigard-or.gov DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C Contract Number C220028 CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT COOK PARK CULTURAL RESOURCES INVESTIGATIONS THIS AGREEMENT made and entered into by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Willamette Cultural Resources Associates, LTD,hereinafter called Contractor. RECITALS WHEREAS, the City's 2022 fiscal year budget provides for services related to Cook Park Cultural Resources Investigations;and WHEREAS, City has need for the services of a company with ability, knowledge, and experience possessed by Contractor;and THEREFORE, the Parties agree as follows: 1. EFFECTIVE DATE/CONTRACT TERM The term of this Agreement is effective upon the date this Agreement is fully executed by both parties and expires on December 30,2022,unless otherwise terminated or extended. All work under this Agreement must be completed prior to the expiration of this Agreement. 2. SERVICES TO BE PROVIDED The nature, scope,and performance characteristics,and scope of the services and the required time specifications for Contractor's performance under this Agreement are set forth in Exhibit B,incorporated herein by reference. 3. COMPENSATION The City agrees to pay Contractor for satisfactorily-completed services in accordance with the rates outlined in Exhibit B. The total amount paid to the Contractor by the City may not exceed $9,886.54 without a written contract amendment signed by authorized representatives of both parties. 4. PAYMENTS Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor's invoice and not more frequently than monthly. Unless otherwise agreed, payment will be made only for work actually completed as of the date of invoice. C. Payment by City releases City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C D. The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard's City Council 5. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices,bills and payments will be made in writing and may be given by personal delivery, mail,or by fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses will be used to transmit notices,bills, payments, and other information: CITY OF TIGARD WILLAMETTE CULTURAL RESOURCES ASSOCIATES,LTD Attn: Jeff Peck Attn: Todd Ogle Title: Project Manager Title: Archaeologist Address: 13125 SW Hall Blvd Address: 2827 NE Martin Luther King Blvd Tigard, OR 97223 Portland, OR 97212 Phone: (503) 718-2466 Phone: (503) 281-4576 Email: jeff@tigard-or.gov Email: toddAwillamettecra.com Notice will be deemed given upon deposit in the United States mail,postage prepaid,or when so faxed,upon successful fax. In all other instances,notices,bills and payments will 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. 6. ANNUAL RATE ADJUSTMENTS Contractor may request a rate adjustment no more frequently than annually for the ensuing one-year period beginning on an anniversary of the Effective Date to reflect actual increases in Contractor's cost to perform the services. Request must be in writing and include backup documentation establishing the actual increases in cost. In no event will the rate adjustment be more than the percentage change during the preceding year in the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, not seasonally adjusted, all items, published by the U.S. Department of Labor. Any request for a rate adjustment must be submitted to the City no less than (30) calendar days prior to the anniversary of the Effective Date. 7. PERMISSIVE COOPERATIVE PROCUREMENT ALLOWED Other public contracting agencies may establish contracts or price agreements under the terms, conditions and prices of this Agreement. Contractor agrees to extend the terms, conditions and prices of this Agreement to any purchasing contracting agency, as that term is defined at ORS 279A.200(1)(h). Contracts or price agreements between Contractor and other purchasing contracting agencies are entirely independent of and have no effect on this Agreement. 2 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C 8. OWNERSHIP OF WORK PRODUCT The City is the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations, plans, correspondence, or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor's services rendered in the performance of Contractor's obligations under this Agreement,will be provided to the City free and clear of any and all restrictions on or conditions of use,transfer,modification,or assignment. 9. ASSIGNMENT/DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 10. REPRESENTATIONS AND WARRANTIES In addition to other representations and warranties set forth in this Agreement, Contractor represents and warrants to the City that the services will be performed in accordance with the same professional skill,care,diligence, standards,and generally accepted professional practices as other professionals performing the same or similar services in the same or similar localities under similar conditions. Neither acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Contractor is familiar and will comply with all federal, state, and local laws, regulations, executive orders, and ordinances applicable to the performance of the work under this Agreement. 11. ERRORS Contractor will 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. 12. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City is entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or other remuneration Contractor receives (from City or 3 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C third party) as a result of said finding and to the full extent of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. B. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 13. CONFLICT OF INTEREST The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, 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, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed their normal charge for the type of service provided. 14. INDEMNIFICATION Claims for other than Professional Liability. Contractor agrees to 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 whatsoever nature, including intentional acts resulting from or arising out of the activities of Contractor or its subcontractors, sub-consultants,agents or employees in performance of this Agreement 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 indemnity is found to be illegal or invalid for any reason whatsoever,such illegality or invalidity does not affect the validity of the remainder of this indemnification. Claims for Professional Liability. Contractor agrees to 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, to the extent arising out of the professional negligent acts, errors or omissions of Contractor or its subcontractors, sub-consultants, agents or employees in performance of professional services under this agreement. Any work by Contractor that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities as these terms are defined by generally accepted professional practices and standards as well as the requirements of applicable and non- conflicting federal, state, and local laws under similar circumstances and at the same time of this agreement will be considered a professionally negligent act, error, or omission. 15. INSURANCE Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this Agreement. Such insurance must cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. A. Standard Coverage.The policy or policies of insurance maintained by the Contractor must provide at least the limits and coverages in Exhibit A of this Agreement. The procuring of 4 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C such required insurance will not be construed to limit Contractor's liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage,injury, or loss caused by negligence or neglect connected with this Agreement. B. Workers' Compensation. The Contractor, its subcontractors, if any, and all employers providing work,labor,or materials under this Agreement that are subject employers under the Oregon Workers'Compensation Law must comply with ORS 656.017,which requires them 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. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers must provide Employer's Liability Insurance with coverage limits of not less than$1,000,000 each accident. C. Additional Insured Provision. All required insurance policies, other than Workers' Compensation and Professional Liability, must name the City its officers, employees, agents, and representatives as additional insureds with respect to this Agreement. D. Insurance Carrier Rating. Coverages provided by the Contractor 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. E. Self-Insurance. The City understands that some contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Contractor is self- insured for commercial general liability or automobile liability insurance, Contractor must provide evidence of such self-insurance. 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 determine whether self-insurance is adequate. F. Primary Coverage Clarification. The parties agree that Contractor's coverage is 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. G. Cross-Liability Clause. A cross-liability clause or separation of insureds clause will be included in the general liability policy required by this Agreement. H. Certificates of Insurance. As evidence of the insurance coverage required by the Agreement, Contractor will furnish a Certificate of Insurance to the City. No Agreement is 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 Agreement and include a copy of Additional Insured Endorsement (other than Workers' 5 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C Compensation and Professional Liability). All certificates, including renewals are forwarded to: contractspurchasing&ti"ard-oror.gov 16. TERMINATION WITHOUT CAUSE At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 17. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City,under any of the following conditions: 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 Contractor,its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this Agreement under paragraph(A)will 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 Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement or 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. The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not 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), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 6 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C 18. SURVIVAL The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 19. STATUTORILY REQUIRED PROVISIONS A. Contractor will pay to the Department of Revenue all sums withheld from employees [Required by ORS 316.167]. B. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor in the performance of this Agreement. [Required by ORS 279B.220(2)] C. As a condition of this Agreement, Contractor will make payment promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. [Required by ORS 279B.220 (1)] D. In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: i. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week,except as provided by law. For contracts for personal services,as defined in ORS 279A.055,Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. ii. Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. iii. Contractor may not prohibit any of Contractor's employees from discussing the employee's rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee's rate of wage, salary,benefits or other compensation with another employee or another person. iv. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. [Required by ORS 279B.220 (3)] F. Contractor represents and warrants that Contractor is, to the best of the undersigned's knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor's failure to comply with the tax laws of this state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may 7l Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. [Required by ORS 279B.045] G. Contractor will 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 Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. [Required by ORS 279B.230 (1)] H. If Contractor fails,neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, Contractor is liable for the amount of the unpaid overtime wages and in an additional amount equal to the unpaid overtime wages as liquidated damages. [Required by ORS 279B.020 (9)] 20. MISCELLANEOUS PROVISIONS A. Choice of Law, Venue. The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S.District Court for Oregon, Portland. B. Attorney's Fees. In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement,each party is responsible for that party's own attorney fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal. C. Business License. Contractor must 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 31"expiration date. New businesses operating in Tigard after June 30`' of the current year will pay a pro-rated fee through the end of the calendar year. D. Electronic Signatures. City may use Electronic Signatures as defined in the Electronic Signatures in Global and National Commerce Act. Under ORS 84.014. Contractor's consent is not required for this Agreement to be executed using Electronic Signatures. Even if ORS 84.014 is determined to be inapplicable or invalid, Contractor grants such consent. E. Retirement System. Contractor 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. Hazardous Materials. Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release, or otherwise 81Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system, and the safe work practices to prevent exposure. In addition,Contractor must label,tag,or mark such goods. 21.ACCESS TO RECORDS Contractor shall maintain all records relating to this Agreement for three (3) years after final payment. The City may examine,audit and copy Contractor's books,documents,papers, and records relating to this Agreement at any time during this period upon reasonable notice. Copies of these records must be made available upon request. Payment for the reasonable cost of requested copies will be made by the City. 22.AUDIT RIGHTS The City may conduct financial and performance audits of the billings and services specified in this Agreement at any time in the course of the Agreement and during the three (3) year period established by Section 22 of this Agreement. Audits will be conducted in accordance with generally accepted auditing standards as promulgated in Government Auditing Standards by the Comptroller General of the United States Government Accountability Office. If an audit discloses that payments to Contractor exceed the amount to which the Contractor was entitled, the Contractor will repay the amount of the excess to the City. 23. FORCE MAJEURE Neither City nor Contractor will 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; provided that the Parties so disenabled will, within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each Party will, however,make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 24. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 25. NON-DISCRIMINATION Contractor will comply with all federal,state,and local laws,codes,regulations,and ordinances applicable to the provision of services under this Agreement,including,without limitation: A. Title VI of the Civil Rights Act of 1964; 9 1 P a g e Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142,including all amendments of and regulations and administrative rules, and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 26. MERGER; MODIFICATION 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 will be effective unless and until it is made in writing and signed by both parties. 27. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal, state and local laws, rules and regulations applicable to the work in this Agreement. 28. 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 will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility, in which case the adversely affected party may request renegotiation of the Agreement and,if negotiations fail, may terminate the Agreement. 29. CONFLICT BETWEEN TERMS Any exhibits, schedules or other attachments referenced in this Agreement are part of this Agreement. In the event of conflict between a provision in the main body of the Agreement and a provision in the exhibits, schedules or other attachments, the provisions in the main body of the Agreement will control. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. CITY OF TIGARD WILLAMETTE CULTURAL RESOURCES ASSOCIATES,LTD B IO...Sig-d by: .S19-d by: s—fu�c w,w By: 1w 0 Name: Steve Rymer Name: Todd ogle Title: City Manager Title: President Date: 1/13/2022 Date: 1/11/2022 101Page X Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C EXHIBIT A PERSONAL SERVICES CONTRACT STANDARD INSURANCE REQUIREMENTS 1. COMMERCIAL GENERAL LIABILITY INSURANCE. Contractor will obtain, at Contractor's expense,and keep in effect during the term of this Agreement,comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an"occurrence"form(CG 2010 1185 or equivalent.This coverage must include Contractual Liability insurance for the indemnity provided under this Agreement. ❑ Not required. COMMERCIAL GENERAL LIABILITY INSURANCE with limits of not less than: ® $1,000,000/$2,000,000 ❑ $2,000,000/$3,000,000 ❑ Other: $ each occurrence/aggregate for Bodily Injury and Property Damage. ❑ ADDITIONAL INSURED ENDORSEMENT not required. 2. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Contractor must also obtain, at Contractor's expense, and keep in effect during the term of the Agreement, commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an "occurrence" form. ❑ Not required. Driving is not included in the scope of work for this Agreement and the City will not reimburse for any travel expenses. AUTOMOBILE LIABILITY INSURANCE with a combined single limit, or the equivalent of not less than: ❑ No requirement in excess of that provided for under state law. ® $2,000,000 ❑ Other: $ each accident for Bodily Injury and Property Damage. If Contractor uses a personally-owned vehicle for business use under this Agreement, the Contractor will obtain at Contractor's expense,and keep in effect during the term of the Agreement,business automobile liability coverage for all owned vehicles on an "occurrence" form with a combined single limit, or the equivalent of not less than: ❑ No requirement in excess of that provided for under state law. ® $2,000,000 ❑ Other: $ each accident for Bodily Injury and Property Damage. ❑ ADDITIONAL INSURED ENDORSEMENT not required. 111Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C 3.PROFESSIONAL LIABILITY INSURANCE ❑ Not required. PROFESSIONAL LIABILITY INSURANCE with a combined single limit,or the equivalent,of not less than: ❑ $1,000,000/$3,000,000 ❑ $2,000,000/$4,000,000 ❑ Other: $ 2,000.000.00 each occurrence/aggregate to cover damages caused by error,omission or negligent acts related to the professional services to be provided under this Agreement. ® ADDITIONAL INSURED ENDORSEMENT not required. 4. OTHER COVERAGE REQUIRED ❑ EMPLOYEE DISHONESTY AND MONEY AND SECURITIES INSURANCE with a limit of not less than $ to cover Theft, Disappearance and Destruction of cash or negotiable securities in the care, custody or control of the contractor for City or on behalf of City clients. ❑ CYBER LIABILITY INSURANCE with limits of not less than$ to cover first party data breach forensic examination/investigation expenses,liability for claims or losses that result from breach of security or protected data,losses for first party damage to networks or other digital assets,losses for first-party business interruption, costs of regulatory investigations,and regulatory fines and/or penalties including but not limited to PCI-DSS fines,penalties and assessment. ❑ PHYSICAL ABUSE AND MOLESTATION INSURANCE with limits of not less than $ to cover actual or threatened physical abuse,mental injury,sexual molestation,or negligent employment, supervision,investigation,reporting to proper authorities or retention of any person for whom the Contractor is responsible for, including but not limited to Contractor and Contractor's employees and volunteers. Coverage can be provided by a separate policy or as an endorsement to the general or professional liability policies. ❑ OTHER (describe coverage and limits): 121Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C EXHIBIT B SCOPE OF SERVICES Contractor will provide archaeological investigations services for the City of Tigard's ("City") Cook Park Accessible Launch Project in Tigard, Oregon. The scope of services consists of the following tasks: 1. Management a. Contractor shall provide project oversight, coordinate field work with and provide regular updates to City staff. b. Contractor will apply for an Oregon State Historic Preservation Office (SHPO) Archaeological Excavation Permit prior to any fieldwork. 2. Background a. Contractor will review the online SHPO records to obtain copies of previous reports and other records for the proposed project location and immediate vicinity. b. Contractor will also review relevant sources regarding Native People, Historic developments, and environmental characteristics. i. These include historic maps, aerial photography, and information known to and provided by local Tribes. 3. Fieldwork a. Contractor will conduct a systematic pedestrian survey with transects spaced no more than 10 meters apart. Contractor will supplement this pedestrian survey with up to 5 exploratory shovel probes to determine the presence or absence of archaeological deposits. All field work will be led and supervised by an archaeologist who meets the Secretary of the Interior's Standards for a Professional Archaeologist. 4. Reporting a. Contractor will provide the results of Tasks 2 and 3 in a technical report. The report will also include recommendations for any further actions that might be necessary. If artifacts are identified during these investigations, we would prepare a SHPO archaeological site form and include it as an appendix to the report. SCHEDULE MILESTONES • Contractor will conduct Tasks 1 and 2 upon receiving the fully executed Contract. • Once submitted to and processed by SHPO, excavation permit applications require a 30-day review period. • Fieldwork will be conducted no earlier than February. • Task 3 fieldwork has a one day requirement. 131Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C • The draft technical report will be provided 15 business days of completing our fieldwork. • As a condition on SHPO permits, the Confederated Tribes of Grand Ronde request at least 30 days to review draft reports. • Contractor will prepare a final technical report within 5 days of receiving comments from the City's project manager, any other reviewers, or the Grand Ronde Tribe. • The final report estimated completion date is April 2022. 141Page Rev . 11 / 21 DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C EXHIBIT B DETAILED FEE SCHEDULE WILLAMETTE CULTURAL RESOURCES ASSOCIATES, LTD. Project City of Tigard/Cook Park Accessible Launch Date: Valid for 90 days from 12/8/2021 Task 1 Task 2 Task 3 Task 4 Labor Management and Research Fieldwork Reporting Total Permit Application Labor Category Hourly Rate Hours Total Hours Total Hours Total Hours Total Hours Total Project Manager $ 133.91 4 $ 535.64 4 $ 535.64 0 $ - 4 $ 535.64 12 $ 1,606.92 Principal Investigator $ 119.03 6 $ 714.18 12 $ 1,428.36 10 $ 1,190.30 18 $ 2,142.54 46 $ 5,475.38 Researcher $ 86.30 0 $ - 6 $ 517.80 0 $ - 6 $ 517.80 12 $ 1,035.60 Project Assistant $ 65.47 1 $ 65.47 0 $ - 0 $ - 0 $ - 1 $ 65.47 Field Archaeologist $ 59.52 0 $ - 0 $ - 8 $ 476.16 0 $ - 8 $ 476.16 Technical editor $ 89.27 2 $ 178.54 0 $ - 0 $ - 4 $ 357.08 6 $ 535.62 GIS Specialist $ 89.27 0 $ - 2 $ 178.54 1 0 $ - 4 $ 357.08 6 $ 535.62 Labor Subtotal 1 13 $ 1,493.83 24 $ 2,660.34 18 $ 1,666.46 36 $ 3,910.14 91 $ 9,730.77 Direct Costs Total Description Rate Units F Total Units Total Units Total Units Total Units Total Vehicle Day $ 85.77 0 $ - 0 $ - 1 $ 85.77 0 $ - 1 $ 85.77 Gas $ 20.00 0 $ - 0 $ - 1 $ 20.00 0 $ - 1 $ 20.00 GPS Unit Fee $ 50.00 1 0 $ - 0 $ - 1 $ 50.00 0 $ - 1 $ 50.00 DC Subtotal 0 $ - 1 0 $ - 1 3 $ 155.77 0 $ - 3 $ 155.77 Total Price Description Labor $ 9,730.77 Direct Costs $ 155.77 Project Total $ 9,886.54 151 Pag e DocuSign Envelope ID:3F07E6F7-7E3A-47BD-816C-2D5E3BEC478C EXHIBIT C CONTRACTOR COVID-19 VACCINATION ATTESTATION City of Tigard Personnel Policy 80.0 COVID-19 Vaccination Requirement requires contractors must be full vaccinated for the COVID-19 virus or have a documented medical or religious exemption if the contractor personnel will (a) physically interact with Tigard staff or members of the public on behalf of the City in the course of performing work under the contract or (b) provide goods or perform services on-site at City buildings. If you are unsure whether the vaccination requirement applies to you, please contact your Tigard contract administrator/project manager to discuss further. By signing this form,I certify and attest to the following: ® I am authorized to sign this certification on behalf of contractor and am authorized to legally bind contractor. ® Contractor will not allow any unvaccinated employees,workers, or agents of the organization to perform any services or provide goods pursuant to this City of Tigard contract where such work includes (a) physically interacting with Tigard staff or members of the public on behalf of the City in the course of performing work under this contract or (b) provide goods or perform services on-site at City buildings. ® Contractor will ensure that any employees,workers, or agents of the organization engaged in work pursuant to this contract will adhere to any and all of the City's health and safety guidelines for the location where the work is performed, including wearing face coverings, distancing from others, and isolating or quarantining if exposed to or contracting COVID-19. ® Contractor understands and agrees that failure to comply with these requirements,which are hereby incorporated by reference as part of the terms and conditions in the Agreement, may result in the termination of contract for default. Todd ogle Print Name 1/11/2022 Date a�.aby: Signature 161Page Rev . 11 / 21