Apex Environmental Consulting - 7-1015 CITY OF TIGARD,OREGON
Phase One Environmental Site Assessments
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 13th of June, 2006, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon, hereinafter called City, and Apex Environmental Consulting
Services, Inc., hereinafter called Contractor.
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 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 execution and shall expire, unless otherwise terminated or
extended, on 30th of June, 2007. All work under this Agreement shall be completed prior to the expiration of
this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Eight Thousand Two Hundred and 00/100 dollars
($8200.00) annually for performance of those services described in this Agreement. Payment will be made
based on Contractor's invoice, subject to the approval of Dan Plaza, Parks Manager, 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: Apex Environmental Consulting Svcs., Inc
Attn: Dan Plaza, Parks Manager Attn: Brad Kelsay, Project Manager
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: PO Box 1445, Wilsonville,.OR 97070 -
Phone: 503-639-4171 ext. 2590 Phone: 503-682-9737
Fax: 503-684-8840 Fax: 503-682-0525
Email Address: daniel@tigard-or.gov Email Address:
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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
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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 30th of June, 2007 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 perfomnance ofithis 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
famished. 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 Contract has executed this Agreement on the date hereinabove first written.
4yv.
IGARD CONTRACTOR
tho 'zedCity staff By: Authorized Agent of Contractor
_7 09 Wa&/o(
Date Date
Exhibit A
Scope of Work
PHASE ONE ENVIRONMENTAL SITE ASSESSMENT
Contractor will perform an environmental site assessment in compliance with ASTM E 1527 and
will include the following scope of work:
1. Subject property identification and visual survey for the presence of hazardous substances
and petroleum products;
2. Review federal, state and local agency listings regarding the subject property and adjacent
areas;
3. Review of historic maps,historic occupants and the nature of past property usage;
4. Review of previous soils, geology, environmental reports for the subject or in the vicinity of
the subject;
5. Interviews with persons knowledgeable about the subject;
6. Preparation of the report which summarizes observations, sources utilized, and findings and
conclusions relating to the presence or likely presence of hazardous substances or petroleum
products on the subject property.
Costs for providing these services is as follows:
Site 1: Phase 1 Environmental Site Assessment $3000
9180 SW Burnham, Tigard
(1.3 acre Zoned Commercial)
2S1 02AC 2000
Site 2: Phase 1 Environmental Site Assessment $2600
SW Summit Ridge Street, Tigard
(1.2 acre Zoned Residential R-7)
2S1 09DA 9100 Tract C
Site 3: Phase 1 Environmental Site Assessment $2600
Open Tracts A&B, Tigard
(33,000 SF Zoned Residential R-4.5)
IS 1 34DB not assigned
TOTAL: $8200
Exhibit B
Rate Schedule
Services will be billed using the following rate schedule:
Environmental Professional $55.00/hour
Project Manager $65.00/hour
Computer Aide Drafting $45.00/hour
PLM Analysis(Asbestos) $15.00/sample
AA Analysis (Lead) $15.00/sample
Mileage $0.38/mile
Reimbursables(reproduction,photos) Cost plus 15%
Payment Terms Net 15 days
Attachment A.,,--
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CONTRACT SUMMARY FORM
(THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED)
Title of Contract: Phase One Environmental Site Assessments Contract#:
Contractor: Apex Environmental Consulting Services, Inc. Total: $8200
Brief Overview: Contractor will perform environmental site assessments for three potential park
land properties.
Changes Made To none
Boilerplate
Contract:
Type of Contract: ❑ Purchase Agreement® Personal Seiv-ice ❑Public Improvement ❑ Other
Start Date: upon execution End Date: 6/30/07 ' r;LLCRB Award Date: n/a
Contract Manager: Dan Plaza - Extension: 2590 Department: PW
Quotes/Bids/Proposals- COMPANY '�'^ AMOUNT/SCORE
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Department �� N ., ,Date D��P
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,y l� Y,
Administration F 1 'l ? P 9 Y c 1 yDatem K SAY `"•.
Certificate of Insurance Recei�%eci?x ❑ Yes T 4 ❑No ❑ Self-Insureii m xeceived� x M
Business Tax Current? ® Yes ❑No Contractor License Current? ❑ Yes ❑ No
Federal TIM 099#: 91-1847212 Bonds Required- ❑ Yes ®No
Accounting String: Fund Division Account Total
225 6400 754030 $8200