Pacific Habitat Services - CITY OF TIGARD,OREGON
AGREEMENT FOR SERVICES RELATED TO
FANNO CREEK TRAIL—FILE No.0632
THIS AGREEMENT made and entered into this 4th of May, 2009 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and Pacific Habitat Services, Inc, 9450
SW Commerce Circle, Suite 180,Wilsonville, OR 97070,hereinafter called Consultant.
RECITALS
WHEREAS, Consultant has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Consultant is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Consultant wish to enter into a contract under which City shall purchase the
services described in Consultant's bid or proposal;
THEREFORE,The parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant agrees to provide services related to Fannoc Creek Trail as detailed in Exhibit A—Scope
of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Consultant shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on June 30, 2009. All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Consultant an amount not exceeding Five Thousand Seven Hundred and Twenty-
one and (00-99)/100 dollars ($5,721.00) for performance of those services described herein, which
payment shall be based upon the following applicable terms:
A. Payment will be made in installments based on Consultant's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Consultant,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Consultant shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subconsultant by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
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Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page 1 of 6
to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
G. Consultant shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work 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
receiving overtime.
H. Consultant shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, hospital care or other needed care
and attention incident to sickness or injury to the employees of Consultant or all sums
which 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.
I. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENUDELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments,and other information:
Contract Manager for City Contract Manager for Consultant
City of Tigard Company: Pacific Habitat Services
Attn:Vannie T.Nugyen,P.E. Attn:Caroline Rim,Project Manager
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address:9450 SW Commerce Circle, Suite 180
Wilsonville,OR 97070
Phone:(503)718-2470 Phone: 503-570-0800
Fax:503-624-0752 Fax:503-570-0855
Email Address:Vannie(a-,)tigard-or.gov Email Address:?
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of
June, 2009 shall be accompanied by thirty (30) 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 Consultant for services rendered
prorated to the date of termination.
8. 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.
9. 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, natural disaster, war, civil unrest,
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
General Services Agreement—Pacific Habitat Services Inc.
Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page 2 of 6
unusually severe weather or delay of subConsultant or supplies due to such cause; provided that the
parties so disenabled shall 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 shall not be the basis
for a claim for additional compensation. Each party shall, however, 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.
10. 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 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Consultant shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Consultant
or its subconsultants, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's negligence.
12. INSURANCE
Consultant 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 Consultant's
activities or work hereunder.
The policy or policies of insurance maintained by the Consultant 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 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 Consultant will be delivering any goods or services which require the use of a vehicle,
Consultant shall provide City a certificate indicating that Consultant 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
General Services Agreement—Pacific Habitat Services Inc.
Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page 3 of 6
cancellation. If Consultant hires a carver to make delivery, Consultant shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Consultant 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. 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 $500,000 each
accident.
D. Insurance Carrier Rating
All coverage provided by the Consultant 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 Consultant 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 Consultant's liability
hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any
damage,injury,or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees(expert and non-expert),attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subConsultants and income tax withholding contained in ORS Chapter 279, the provisions of
which are hereby made a part of this agreement.
22. 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 terms of proposal conflicting herewith.
23. 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 they entered into
the agreement.
General Services Agreement—Pacific Habitat Services Inc.
Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page 4 of 6
24. 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 Exhibit,
the provision in the main body of the Agreement shall control. No modification of this Agreement
shall be effective unless and until it is made in writing and signed by both 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.
Consultant, by the signature of its authorized representative, hereby acknowledges that Consultant
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
Approved by Tigard's Local Contract Review Board on:
By:Vannie T.Nguyen,P.E.,CIP Engineering Manager Date
CONSULTANT
By: Company Name
Print Name&Title of Authorized Representative
Sign Name Date
General Services Agreement—Pacific Habitat Services Inc.
Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page 5 of 6
EXHIBIT A
SCOPE OF SERVICES
Scope of Services shall be as described in the attached proposal from Pacific Habitat Services,Inc.dated April
27,2009,referencing:proposal to provide environment consulting services for the proposed Fanno Creek Trail
&Bridge/Hall Boulevard Crossing project in Tigard,Oregon.
General Services Agreement—Pacific Habitat Services Inc.
Fanno Creek Trail—Hall Blvd to Fanno Creek Bridge—File 0632 Page I of 6
i
S
PACIFIC HABITAT SERVICES, INC
9450 SW Commerce Circle,Suite 180 (800)871-9333•(503)570-0800•Fax(503)570-0855
Wilsonville,OR 97070
April 27, 2009
Mr. Duane Roberts
City of Tigard, Community Development
13125 SW Hall Blvd.
Tigard, OR 97223
In Re: Proposal to provide environmental consulting services for the proposed
Fanno Creek Trail & Bridge/Hall Boulevard Crossing project in Tigard,
Oregon
PHS Project Number: 4491
Dear Duane:
Pacific Habitat Services, Inc. (PHS)proposes to provide environmental consulting services for
the proposed Fanno Creek Trail & Bridge/Hall Blvd. crossing project in Tigard, Oregon
(Township 2 South, Range 1 West, Section 2). The study area is located along the east side of
SW Hall Boulevard and will be limited to the portion of the proposed trail which will extend
from the north bank of Fanno Creek to the east edge of SW Hall Boulevard.
Based upon a site visit and Wildlife Assessment conducted by PHS in 2006, it appears that this
portion of the trail will be located within Western Pond Turtle (Clemmys marmorata) nesting
habitat. Western Pond Turtles are considered to be a federally-listed Species of Concern (SOC)
and are listed on the Oregon Sensitive Species List as Critical (SC). PHS staff and ODFW
wildlife biologist observed a Western Pond Turtle within the vicinity of the project site during a
site visit conducted on May 3, 2006. Three years have passed since the 2006 Wildlife
Assessment was prepared and site alterations have occurred during that time period. Site
alterations include a collaborative effort between CWS and ODFW of active planting and
enhancement of turtle nesting habitat within the vicinity of the proposed project.
The City of Tigard has requested PHS to attend a Public Hearing on May 11, 2009 for the
proposed project and to update the November 17, 2006 Wildlife Assessment. This proposal
includes the costs associated with reviewing the proposed site plan and permits; conducting a
site visit; updating the 2006 Wildlife Assessment; and attending the May 11 t" Public Hearing. In
addition, PHS has also been requested to recommend a start date for construction and potential
staging area for the project.
General Contractors 0 OR: CCB#94379•WA: PACIFHS062QZ
Duane Roberts,City of Tigard
Fanno Creek Trail Project/4491
April 27,2009
Page-2-
Female turtles typically search for nesting sites between May and July, but there is also evidence
of turtles nesting from late April through August; therefore, no construction or preparation work
should take place during this time period. Overwintering and estivation("summer hibernation")
areas are typically in upland areas. These turtles can also be active between February through
November. Given this information and knowledge of turtle presence within the vicinity of the
proposed project, there is no "optimal" time for construction. As such, PHS recommends that the
City of Tigard discuss the possibility of a winter construction schedule (potentially,
December/January) with local ODFW biologists prior to commencing any work.
For the same reasons listed above, no staging areas should be located north of Fanno Creek.
Therefore, it is likely that staging areas for equipment and materials will be limited to the south
side of Fanno Creek on the Library side; however, a site visit will be needed in order to
determine whether or not this location will be appropriate. As with the proposed construction
schedule, PHS recommends that the final location of the staging areas be discussed with local
ODFW biologists prior to use.
The total estimated costs associated with reviewing the proposed site plan and permits;
conducting a site visit; updating the 2006 Wildlife Assessment; and attending the May 11`"
Public Hearing is $5,721. The work will be conducted on a time and materials basis and you will
only be charged for the time actually spent on the project.
If you are satisfied with this scope of work, costs, and conditions,please authorize the work by
signing the attached consultant's agreement. Please return one original agreement to authorize
start-up and retain the other for your records.
Sincerely,
Caroline Rim
Project Manager
Pacific Habitat Services,Inc.
Project#: 4491
Proposal to provide environmental consulting services for the proposed Fanno
Creek Trail& Bridge/Hall Blvd.Crossing project in Tigard,Oregon Date: 4/27/2009
Project Personnel: Disbursements*:
Travel Misc. Sub- Task
JVS CR SB JDL Supplies I Total Totals*
Task 1 Review project information(proposed site plan,permits,staff report)
2 30 1 0 $0 $20 $20 $3,154
Task 2 Conduct site visit,on-site review of 2006 Wildlife Assessment
0 8 0 0 $30 $20 $50 1 $810
Task 3 Update November 17,2006 Wildlife Assessment
1 8 2 2 $0 $50 $50 $1,156
Task 4 Attend May 11,2009 public hearing at City of Tigard
0 6 0 0 1 1 $30 $0 1 $30 $600
Personnel: JVS CR SB JDL
Hourly rate: $110 $95 $64 $54
Total hours: 3 52 3 2
Labor costs: $330 $4,940 $192 $108
PROJECT TEAM:
JVS John van Staveren,Principal In Charge Total Labor $5,570
CR Caroline Rim,Project Manager *Total Disbursements $151
SB Solye Brown,Graphics Specialist
JDL Jane Le Blanc,Technical Editor Project Total: $5,721
Notes: Travel $0.505/mi;FAX $1.00/page;Photo costs included in misc.:
Copies: B&W 8 1/2 X 11$0.15/page;Color:8 1/2 X 11$1.00/page,
as
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CITY-OF TIGARD
CONTRACT SUMMARY FORM
EMS MUSTACCOMPANYEACH CONTRACTBEFOREA UTHORIZATIONSIGNA TURE CANBEACQUIRED)
Title of Contract: Fanno Creek Trail&Bridge Improvement Contract#: 0632005
Contractor: Pacific Habitat Servcies Inc. Total:-$10,000
Brief Overview: Provide environmental consulting services for the proposed trail&Bridge
Changes Made To None use personal Service Agreement
Boilerplate Contract:
((r ld
Type of Contract: Ll Purchase A eement'."' '; ;Personal Service-.,';`: O`Coristruction Ll Other
LC" Date:N/A
Start Date: 5/4/09 f"':;`=,=End'Dated'G/30/` 9�._-, =,
Contract Manager:Vannie Nguyen;rQ;' `""=L:Extensiori'2470 IDe artmerit: CD
Quotes/Bids/Proposals: COMPANY*' "` AMOUNT /SCORE
_ ._
e I
I •1 ..V.::r-"..� � .r9. -�
Department,Comments: Direct_hire_:iiina&.$10;000 Issue Agreement is for 721:00
G Contin iicffor$P',27-.9,,.00
;- e: 3c) eq
De artment Si&2ature at
Purchasing Comments:
Purchasing Signature: Date:
Administration: Date:
Certificate of Insurance Received? ❑Yes ❑ No ❑ Self-Insured (Form Received
Business Tax Current? ❑Yes ❑ No Contractor License Current? ❑ Yes ❑ No
Federal TIN/1099#: Bonds Required: ❑Yes ❑ No
Accounting String: Fund Division Account Total
225 6400 754043 $10,000 `
ENGINEERING DEPARTMENT
PURCHASE REQUISITION / PO & Payment Tracking
Date: XXXXXX PO#: 0632005
Vendor: Ship to:
Pacific Habitat Services City of Tigard
9450 SW Commerce Cir S-180 Project Manager Name
Wilsonville, OR 97070 Date approved by L XXXX XXXX
Phone: 503-570-0855 Taxpayer ID: XXXX XXXX
Fax: 503-570-0855
Acct.#: 225-6400-754043 File No.: 0632
Acct.#: XXX-XXX-XXX CIP No.: XX XX-XX
Project name:
Fanno Creek Trail(Hall to Fanno Creek)
Type of contract:
CONSTRUCTION/PERSONAL SERVICE ETC.
-_-- --- -r-�;: " ;�; --,�-- •-_ " • - ontiactfAmount �� : ..- - —,,:;..- - ,;ci;,, , .I;..,-:•. , . _„%4.
Description. 'Dates Change`O�d.'ers. : PO Payments ;PO Amt/Balarice
Contract Amount FY08-09 -$ a 5;721.00. $ 5,721.00
Contingency 5/5/09 $ 4,279.00 $ 10,000.00
PO PAYMENTS $
Total Change Orders/Amendments to Contract $ '4,279.00
Total Contract Amount
NTP Issued: PO Balance
Expires:
Completion Date:
%contract over original amount 175%
contract paid = �%
Total Contract Amount4F:Y 7-08 $Total Contract AmountO Date: !
Authorized Signature Date
1:1ENG1200132009 FY CIPTanno Creek Trail-Hall to Fanno Creek Boardwalk Path and Bridge909501PO&Payment Tracking-Fanno Creek Trail- Hall to Fenno Creek-As
5/19/2009