Harris Stream Services - Hiteon Creek 2 - 72nd & Dartmouth 6-A)6t t 1-//7/
CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
Hiteon Creek(2)
72°d and Dartmouth
THIS AGREEMENT made and entered into this 22nd day of April, 2009, by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called City, and
Harris Stream Services
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Contractor, and
City has determined that Contractor is qualified and capable of performing the professional
services as City does hereinafter require, under those terms and conditions set forth:
Therefore, the parties agree as follows:
SCOPE OF WORK
Contractor shall initiate services on the 27th day of April, 2009 upon receipt of City's notice to
proceed, together with an executed copy of this Agreement. Contractor agrees to complete work
that is detailed in Exhibit A— Scope of Work and by this reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon 24th th day of April, 2009 and shall expire, unless
otherwise terminated or extended, on the 23th day of April, 2010. All work under this
Agreement shall be completed prior to the expiration of this Agreement.
COMPENSATION
City agrees to pay Contractor the rates assigned in Exhibit B, "Pricing Matrix", for those services
Contractor provides under this agreement. City agrees to pay Contractor an amount not to exceed
three thousand six hundred fifty dollars ($3,650) for performance of those services described in
this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of
Carla Staedter, surface water quality coordinator, and not more frequently than monthly.
Payment shall be payable within thirty(30) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery,
mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The
following addresses and contacts shall be used to transmit notices, bills, payments, and other
information:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Harris Stream Services
Attn: Carla Staedter Attn: Andrew Harris
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 2270 Arbor Dr.West Linn,OR 97068
Phone: 503-639-4171 ext. 2788 Phone: (503) 866-0901
Fax: (503)684-8840 Fax:
Email Address: Carla@tigard-or.gov Email Address: harrisstreamservices@comcast.net
CONTRACTOR As INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be
deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City,
shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be
solely responsible for all payments and taxes required by law. Furthermore, in the event that
Contractor is found by a court of law or any administrative agency to be an employee of City for
any purpose, City shall be entitled to offset compensation due, or to demand repayment of any
amounts paid to Contractor under the terms of this Agreement, to the full extent of any benefits or
other remuneration Contractor 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 Contractor or to a third party) as a
result of said finding.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an
officer, employee, or agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to
enter into this Agreement. Contractor warrants that all its work will be performed in accordance
with generally accepted professional practices and standards as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of a contractor's work
by City shall not operate as a waiver or release.
Contractor and City agree to indemnify and defend the other, and the other's officers, agents and
employees and hold them harmless from any and all liability, causes of action, claims, losses,
damages, judgments or other costs or expenses including attorney's fees and witness costs and (at
both trial and appeal level, whether or not a trial or appeal ever takes place) incurred by the party
being indemnified resulting from the indemnifying party's acts (or failure to act when action is
appropriate) that may be asserted by any person or entity which in any way arise from or relate to
this Agreement or the performance of obligations under this agreement, except liability arising out
of the sole negligence of the party being indemnified. The indemnification by Contractor of the
City shall also cover claims brought against the City under state or federal worker's compensation
laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason
whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this
indemnification.
INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and
Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate
indicating that Contractor has business automobile liability coverage for all owned, hired,
and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than
$1,000,000. Said insurance shall name City as an additional insured and shall require
written notice to City thirty (30) days in advance of cancellation. If Contractor hires a
carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that
are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are exempt
under ORS 656.126. 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 such coverage. This shall include Employer's Liability
Insurance with coverage limits of not less than $500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carrier(s) with an unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of
any damage, injury, or loss caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the 23th
day_of April, 2010 shall be accompanied by sixty (60) days written notice to the other party prior
to the date termination would take effect. There shall be no penalty for early termination. If City
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be 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.
GOVERNING LAW
Contractor shall comply with all applicable federal, state and local laws; and rules and
regulations on non-discrimination in employment because of race, color, ancestry, national
origin, religion, sex, marital status, age, medical condition or disability. The provisions of this
Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon.
All provisions required by ORS Chapter 279 to be included in a contract of this type are
incorporated into this Agreement as though fully set forth herein. Any action or suits involving any
question arising under this Agreement must be brought in the appropriate court of the State of
Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor
labor or materials for the execution of the work provided by this order. Contractor must pay all
contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the
performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against
Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor
further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to
ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No
waiver, consent,modification, or change of terms of this Agreement shall bind either party unless in
writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Contractor, 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 Contractor has executed this Agreement on the date hereinabove first
written.
CITY OF TIGARD CONTRACTOR
By: Authorized City staff By: Authorized Agent of Contractor
5 / [-Zoo -7
Date Date
EXHIBIT A
To
SERVICES AGREEMENT
For The
Hiteon Creek TWO (2)
2009 Year One (I)Annual Monitoring Report
SCOPE OF SERVICES
Permitted Project: 72°d/Dartmouth Intersection Project
DSL Permit No: 40493-FP
USACE Permit No: No number, permit issued by default from lack of review
Mitigation Site: Hiteon Creek TWO (2)
Location: Englewood Park south of Springwood Drive
The anticipated period of services for these services is April to December 31, 2009.
The 2009 year one (1) annual monitoring report shall satisfy the compensatory mitigation
monitoring requirements specified in the approved permits by the Oregon Department of
State Land (DSL) and the U.S Army Corps of Engineers (USACE).
The Scope of Services includes the following tasks:
Task 1 —Monitoring Protocols
A—Monitoring Protocols
• Prepare monitoring protocols that include all compensatory monitoring
requirements.
Task 2—Annual Monitoring
A—Monitoring Activities
• Perform monitoring activities for the year one (1) annual monitoring report.
Collect date needed to demonstrate progress toward meeting mitigation
success criteria and mitigation monitoring requirements. Schedule activities
for the Spring, Summer, and Fall.
B —Monitoring Report
• Prepare an annual mitigation monitoring report. Submit the report to the DSL
and USACE by December 3
EXHIBIT"A":Scope of Services Page 1 of 2
Task 3 - Wetland Boundary Survey
• Locate the surveyed boundary points of the mitigation wetland.
• Install permanent rebar monuments with labeled caps at each boundary point.
Task 4—Deed Restrictions
• Coordinate review and approval of final deed restriction documents with DSL
• Coordinate the recoding of the deed restriction documents with Washington
County.
• Coordinate delivery of recorded deed restriction documents to DSL.
Deliverables
• Monitoring Protocols
• Maintenance Recommendations
• Year one (1) Annual Monitoring Report
EXHIBIT"A":Scope of Services Page 2 of 2
COST OF SERVICES EXHIBIT "B"
PROJECT: 72nd/Dartmouth Intersection Project
Mitigation Hiteon Creek Two (2)
DATE: April 3,2009
CLIENT: City of Tigard
FIRM: Harris Stream Services
2270 Arbor Drive
West Linn,OR.97068
ITEMS DESCRIPTION UNIT5 QTY PRICE TOTAL
ITEMS I DESCRIPTION JUNITS OTY PRICE TOTAL
1 Monitoring Protocols
D Monitoring Protocols HRS 12.0 $75.00 $150.00
2 Annual Monitoring
A Monitoring Activities HRS 18.0 $75.00 $1,350.00
B Monitoring Report HRS 12.0 $75.00 $900.00
3 Wetland Boundary Location
A Locate Surveyed Wetland Boundary LS 1.0 $500.00 $500.00
B Install Monuments HRS 3.0 $75.00 $225.00
4 Deed Restrictions
A Coordinate DSL Review HRS 3.0 $75.00 $225.00
B Coordinate Deed Recording HRS 2.0 $75.00 $150.00
C Coordninate Delivery to DSL HRS 2.0 $75.00 $150.00
Cost of Services $3,650.00
Expenses $ -
Total Cost $3,650.00
EXHIBIT"B"Cost of Services