Harris Stream Services ~ C130096 CITY OF TIGAiRD,OREGON
CONTRACT SUMMARY FORM
(FORM.MUSTACCO19 rPAM'EAGH CONTRACT FOR AL,=oRIZATioN)
Contract Tide: Wetland/Stream Monitoring Hiteon Creek 1 &2 Number:,OEL1-� a C�0
Contractor: Harris Stream Services Contract Total: $12.$80.00
Contract Overview: This contract completes the fifth year of Wetland & Stream Mitigation
Monitoring at Hiteon Creek for the Tigard Business Center and for 72" and
Dartmouth Intersection Improvements.
Type: ❑ Purchase Agreement Start Date: dine G, 2013 End Date: June 30,2014
X Personal Service
❑ Public Improvement LCRB Award: Department: Public Works.
❑ IGA
❑ Other: Contract Manager: Staedter
Quotes/Bids/Proposal: FIRM Ari i ORE
Harris Stream Service $12,880.00
atak Unable to bid see attached
ESA — no response
Account String: Fund-Division-Account Project-Fund-Phase Amount
Year 2012-13 510-6260-54001 + , a
Year 2013-14 510-6260-54001
Approvals
Department Comments:
Department Signature: 1-,711
Purchasing Comments: ( >�----�
PurchasingSignature:
nature:
City Manager Continents:
City Manager Signature:
After securing all required approvals, forward original copy° to the Contracting and Purchasing Cillce along with a
completed Contract Checklist.
Contract#C 06 U)
CITY OF TIGARD,OREGON
AGREEMENT FUZZ SERVICES RELATED TO
WETLAND AND STREAM MITIGATION
MONITORING FOR HITEON CREEK SITES 1&2
THIS AGREEMENT made and entered) into this 10''' day of June, 2013 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Harris Stream
Services hereinafter called"Contractor",collectively known as the"Parties."
RECITALS
WHEREAS,City has need for certain services and goods provided by Contractor,and
WHEREAS. Contractor is in the business of providing services and goods and is aware of the
purposes for which the City needs the services and goods,
THEREFORE, City and Contractor wish to enter into a contract under which City shall purchase
the services and goods described in Contractor's bid in accordance with these contract documents,
including the attached scope of services.
1. SERVICES TO BE PROVIDED
City shall purchase the services or goods from Contractor in accordance with specifications,
scope, and pricing detailed in Exhibits A,B, C, and D. This Contract is non-exclusive, City
reserves the right to procure services or goods through any other means as it deems
necessary. Contractor shall be responsible for the delivery of the services or goods in
accordance with Exhibit A, B, C, and D and the terms and conditions of this Contract.
2. EFFECTIVE DATE AND DURATION
This Contract shall become effective upon June 10, 2013 and shall expire, unless otherwise
terminated or extended, on June 30, 2014. The City shall also retain the rights to one (1)
one-year extensions to the Contract.
3. COMPENSATION
City agrees to compensate Contractor for services or goods supplied, including any
applicable shipping and handling charges, as described in Exhibit A, B, C,and D. City shall
not be responsible for payment of any materials, services, expense, or costs other than those
which are specifically included in Exhibit A-D. Payment shall be on a unit price only for
those services or goads received in an acceptable condition to City.
Compensation over the life of this Contract is estimated at/not to exceed Twelve-thousand,
eight-hundred, eighty, and 00/100 Dollars ($12,880.00) Payment will be made based on
Contractor's invoice, subject to the approval of the Contract Manager or appropriate City
representative, and not more frequently than monthly. Payment shall be made only for work
actually completed as of date of invoice. Payment terms shall be net 30 days from date of
invoice.
The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. The availability of funds in any future fiscal
year shall be contingent upon the adoption of Tigard's annual budget
4. CONTACT INFORMATION
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:
CITY of TIGARD HARRis S'T'REAM SERVICES
Attn: Carla Staedter Attn:Andrew Harris
Address: 13125 SW Hall Blvd. Address: 2270 Arbor Dr.,
Tigard, Oregon 97223 West Linn, OR 97068
Phone: (503) 718-2788^ Phone: (503) 866-0901.
Fax: (503) 624-0752 Fax: N/A
Email: carla@tigard-or.gov EmailAddress:
h arri s s trey ms ervice com cas t.net
5. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before the
30th of June, 2014 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 Contractor
for services rendered prorated to the date of termination.
5. 'FORCE MAJEURE
Neither City nor Contractor 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, epidenuc, quarantine restriction, area-wide strike,
freight embargo, unusually severe weather or delay of subcontractor or supplies clue to such
cause; pro`ided 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,snake 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.
7. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans
with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules
established pursuant to those laws.
8. INIDEMNIFICATION
Contractor 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 expensed incidental to the
investigation and defense thereof, of whatever nature, resulting from or arising out of the
Standard Purchase Agreement—General Services 2
Revised—12/20/2012
activities of the Contractor or is Subcontractors, agents, or employees under this contract,
except,however,that the foregoing shall not apply to liability that arises out of City's negligence.
9. INSURANCE
Contractor shall maintain insurance acceptable to City in fiiU force and effect throughout the
term of this contract Such insurance shall cover Al risks arising directly or indirectly out of
Contractor's activities and 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
If Contractor will be installing or testing the goods,or otherwise performing services on
City's premises, Contractor shall provide a certificate indicating that Contractor has
commercial general liability insurance covering bodily Injury and Property Damage on
an "occurrence" form (1996 ISO or equivalent). This, cow
shall include
Wntrac� bility insurance, Coverage will. include4lx' ; occurrence and
neral annual aggregate. 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.
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. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier
complies with this paragraph.
C. Workers'Compensation Insurance
The contractor, its Subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall 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
shall provide Employer's Liability Insurance with coverage Emits of not less than
$500,000 each accident.
D. 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 certificate will
specify and document all provisions within this Contract.
E. City's insurance is excess and not contributory insurance with the insurance required by
this contract.
Standard Purchase Agreement-General Services 31 -
Revised-12/20/2012
Any action or suits involving any question arising under this Contract must be brought in the
appropriate court of the State of Oregon.
10. COMPLIANCE WITH STATE AND FEDERAL LAWS RULES
Contractor 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
subcontractors and income tax withholding contained in QRS Chapters 279A, 279 B and
279C, the provisions of which, are hereby made a part of this agreement.
11. 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.
12. 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. Contractor, by the signature of its authorized representative, hereby
acknowledges that Contractor 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.
CI'T'Y OF TIGARD HARRIS STREAM SR VICES
v
By:Authorized Representative By:Authorized C actor epresentative
CZ,!� a Z01-3
Date Date
Standard Purchase Agreement—General Services ¢
Revised— 12/20/2012
EXHIBIT A
To
SERVICES.AGREEMENT
For The
Hiteon Creek One (I)
Year Five (5) Annual Monitoring Report 20I3
SCOPE OF SERVICES
Permitted Project: The Tigard Business Center
DSL Permit No: 37247-FP
USACE Permit No: NWP-2006-629
Mitigation Site: Hiteon Creek One (1)
Location; Englewood Park between Scholls Ferry Road and Springwood Dr.
The anticipated period of services for these services is June 10, 2013 to June 30,2014.
The year five (5) annual monitoring report (2013) 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:
Item 1. Monitoring Field Data.Collection
A.VeWtation
• Perform vegetation monitoring following the guidelines set forth in the Oregon Department
of State Lands "Routine Monitoring Guidelines for Vegetation".
• Perform vegetation sample plot monitoring in June.
• Perform non-native invasive species monitoring in June and again in October/November.
B.Hydrolo�
• Collect wetland hydrology data including soils saturation and inundation from soil test pits in
June or October/November.
• Make observation and provide photo documentation of hydraulic inundation of the wetland
mitigation area.
C. Stream Restoration
• Inspect the stream restoration channel including grade control structures.
• Document any channel conditions that are not within the restoration design criteria for the
project. Perform these inspections in June and again in October/November.
Standard Purchase Agreement—General Services 5 {
Revised—12/20/2012
E. Photo Documentation
• Provide photo documentation at each field data collection activity.
F. Wetland Delineation
• Collect field data for a NXIedand Delineation Light as required by the Oregon Department of
State Lands (DSL) for the wetland mitigation. site.
Item 2.Annual Monitoring Report
A. Monitoring Report
• Submittals. Prepare and submit the report to the DSL and City of Tigard Public Works
Department by December 31,2013.
• Wetland Delineation Light. Prepare the Wetland Delineation Light report.A single Wetland
Delineation Light report will include information and data for both Hiteon Creek 1 and
Hiteon Creek 2 sites.
• Recommendations. Prepare a list of recommended maintenance activities needed to satisfy
permit success criteria.
• Reporting, Report recommended maintenance activities to the City of Tigard Public Works
Department as they are observed.
Deliverables
Can-going Maintenance Recommendations
Annual Monitoring Report
Wetland Delineation Report
Standard Purchase Agreement—General Services ( I
Revised—12/20/2012
COST OF SERVICES EXHIBIT "B"
Services Year Five(5)Monitoring-7013
Permitted Project: Tigard Business Center
Mitigation Site Hiteon Creek Site One(I)
DATE: May 8,7013
CLIENT: City of Tigard _
FIRM: Harris Stream Services,LLC
2270 Arbor Drive
West Linn,OR.97068
ITEMS DESCRIPTION UNITS QTY TOTAL
1 Field Data Collection
A Vegetation LS 1.0 $1,120.00
B Hydrology LS 1.0 $960.00
C Stream Restoration LS 1.0 $960.00
D Photo Documentation LS 1.0 $640.00
E Wetland Delineation Lite LS 1.0 $1,800.00
2 Annual Monitoring Report
A iMonitoringReport LS 1.0 $960.00
Cost of Services $6,440.00
Standard Purchase Agreement—General Services 7
Revised—12/20/2012
EXHIBIT aC"
To
SERVICES AGREEMENT
For The
Hiteon Creek Two (2)
Year Five (5) Annual Monitoring Report 2013
SCOPE OF SERVICES
Permitted Project: The Tigard lousiness Center
DSL Permit No: 40493-FP
USACE Permit No: No number.The permit is issued by default from lack of review
Mitigation Site: Hiteon Creek Two (2)
Location: Englewood Park South of Springwood Dr.
The anticipated period of services for these services is June 6,2013 to June 30,2014.
The year five (5) annual monitoring report (2013) shall satisfy the compensatory mitigation
monitoring requirements specified in the approved permits by the Oregon Department of State
Land (DSL) and the T..T.S Army Corps of Engineers (USACE).
The Scope of Services includes the fallowing tasks:
Item 1. Monitoring Field Data Collection
A. Vegetation
• Perform vegetation monitoring following the guidelines set forth in the Oregon Department
of State Lands "Routine Monitoring Guidelines for Vegetation".
• Perform vegetation sample plot monitoring in June
• Perform non-native invasive species monitoring in June and again in October/November.
B. Hydrology
• Collect wetland hydrology data including soils saturation and inundation from soil test pits in
June.
• Make observation and provide photo documentation of hydraulic inundation of the wetland
mitigation area.
C. Stream Restoration
• Inspect the stream restoration channel including grade control structures. Document any
channel conditions that are not within the restoration design criteria for the project. Perform
these inspections in June and again in October/November.
Standard Purchase Agreement—General Services g �
Revised—12/.20/2012
D.Photo Documentation
• Provide photo documentation at each field data collection activity.
E.Wetland Delineation
• Collect filled data for a Wetland Delineation Light as required by the Oregon Department of
State Lands (DSL) for the primary wetland mitigation site and for an additional wetland
mitigation site to compensate for non-performance in the primary wetland mitigation site.
Item 2,Annual Monitoring Report
A.Monitoring Report
• Submittals. Prepare and submit the annual monitoring report to the DSL and City of Tigard
Public Works Department by December 31.
• Wetland Delineation Light. Prepare the Wetland Delineation Light report. A single Wetland
Delineation Light report will include information and data for both Hiteon Creek 1 and
Hiteon Creek 2 sites.
• Recommendations. Prepare a list of recommended maintenance activities needed to satisfy
permit success criteria.
• Reporting. Report recommended maintenance activities to the City of Tigard Public Works
Department as they are observed.
Deliverables
On-going Maintenance Recommendations
Annual Monitoring Report
Wetland Delineation Report
Standard Purchase Agreement—General Services 9
Remised—12/20/2012
Cost of Service Exhibit "D
Services Year Four(5)Monitoring- 2013
Permitted Project: Tigard Business Center
Mitigation Site Hiteon Creek Site Two(2)
DATE: May S,2013
CLIENT: City of Tigard
FIRM: lHarris Stream Services,LLC
2270 Arbor Drive
West Lina,OR.97068
ITEMS DESCRIPTION UNITS I QTY TOTAL
1 Field Data Collection
A Vegetation LS 1.0 $1,120,04
B H drology LS 1.0 1$960.00
C Stream Restoration LS 1.0 $960.00
D Photo Documentation LS 11.0 $640.00
E Wetland Delineation Lite LS 1.0 $1,800.00
2 Annual Monitoring Report
A Monitoring Report LS 1.4 $960.00
Cost of Services $6,440.00
Standard 1'utchase Agreement—General Services fp
Revised—12/20/2012