Morgan Holen & Associates, LLC ~ C140044 City of Tigard
CONTRACT CHANGE ORDER/ Tigard
S Hall Blvd.
Tard,Oregon 97223
AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171
Fax - (503) 684-7297
cn-
Project Title: Fanno Creek Slope Stabilization Project Manager: Greg Berry
Contractor: Morgan Holen&Associates LLC Or' al Contract#: C140044
Effective Dates: 12/5/13 Chan e Order/Amendment Amount: $1,200
Accounting String:500-8000-5 6005, 93009-500-130 1 Amendment Percentage Running Total: 86%
AMENDMENT DETAILS
Services during construction
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $1,400
Amendment#1 $1,200
TOTAL $2,600
REASONING FOR CHANGE ORDER/AMENDMENT
The original contract provided serves required for the design of the project. The proposed amendment will
provide services during construction.
RisQuFSTING PROJECT MANAGER P Cl �AFF
SignatureSi atu_re
_
-- --- — -- - - Date -- - — - Date _
Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR
the additional work described below in accordance with the terms
and conditions detailed in the original contract along with all
applicable rules, regulations, and laws that may be in effect for
the work. The unit pricing in the original contract shall apply to Signature
all additional work. A copy of this form, once completed, is to
be forwarded to the Purchasing Office to ensure all changes to
the encumbrances are met. Remember—the cumulative total
of Amendments cannot exceed the project's FY budget. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
FANNO CREEK SLOPE STABILIZATION—ARTHUR COURT
PROFESSIONAL ARBORIST SERVICES
AMENDMENT#1 (CONTRACT#C140044)
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Morgan Holen&Associates,LLC,hereinafter referred to as Consultant, entered into on the
5th day of December,2013,is hereby amended as follows:
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from
the work under this Agreement. The total amount paid to the Consultant by the City shall not
exceed Two Thousand Six Hundred and No/100 Dollars ($2.600.00)Gtte Thousand Foiffim
€na -ftz1 " /400 if all tasks are completed. Any and all payments made
to the Consultant shall be based upon the following applicable terms:
EXHIBIT A
SERVICES TO BE PROVIDED
Additional Tasks Covered by Amendment 1—Total cost shall not exceed $1,200.00.
TASK DESCRIPTION
1 Pre-Construction Site Visits. One on-site meeting with the pruning contractor and
neighboring property owner to discuss recommendations for pruning at trees 101 and 102 prior
to construction. One additional site visit to inspect and verify the installation of tree protection
measures prior to construction.
Assumptions: Prior to construction,the City will coordinate the on-site meeting between the
neighbor,pruning contractor,and project arborist, and contact the project arborist for inspection
once protection measures are installed.
2 Construction Monitoring. One site visit during construction to monitor tree protection
measures and ensure compliance with the arborist recommendations provided in the pre-
construction arborist report. Includes an e-mail to the City documenting the inspection.
3 Final Inspection. One site visit once construction is complete to evaluate the condition of the
trees following construction. Includes an e-mail to the City documenting the final inspection and
providing arborist recommendations for tree care if needed.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TiG MORGAN HOLEN&ASSOCIATES,LLC
Signature Signa
A116*1419LA-. MpriuK E lei,
Printed Name Printed SLme
Date Date
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUSTACCOMPANYEVER Y CONTRACT
Contract Title: Fanno Creek Bank Stabilization-Arthur Court 93009 Number:O,l gObl-/q
Contractor: Morgan Holen&Associates,LLC Contract Total: $1,400
Contract Overview: Consultant,in the efforts to minimize risk of damage and injury to personnel and
property, will provide professional services with regards to the tree condition
evaluation, site monitoring, tree protection documentation and reporting as
specified in the contract.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low
Risk Reduction Steps: Lowering the automobile habilij5:to incidental use. (Reduced to $1 inillnon instead of
$2 million).
Risk Comments:
Risk Signature:
Contract Manager: Greg Berry, P.E. Ext: 2468 Department: Engineering__
T'Tpe ❑ Purchase Agreement X PersonalService ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 12/05/2013 End Date: 12/31/2014
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Morgan Holen&Associates $1,400
(�Zileage and Miscellaneous Expenses are included)
Account Strung: Fund-Division-Account Work Order—Activit3:T�pe Amount
500-8000-56005 93009-130 $1,400
Approvals - LCRB Date:
Department Comments: Direct appoint. Contract under$20.000.
Department Signature:
Purchasing Comments: �---
Purchasing Signature*
City Manager Comments
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a
completed Contract Checklist.
Contract Number qa0 y
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
FANNO CREEK SLOPE STABILIZATION-ARTHUR COURT
PROFESSIONAL ARBORIST SERVICES
THIS AGREEMENT made and entered into this 5th day of December,2013 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Morgan Holen &
Associates,LLC,hereinafter called the Consultant.
RECITALS
WHEREAS, the City's 2013-2014 fiscal year budget provides for services related to the Design and
Construction Phases of the Fanno Creek Slope Stabilization—Arthur Court;and
WHEREAS, City has need for the services of a company with a particular training, ability,knowledge, and
experience possessed by Consultant,and
WHEREAS, City has determined that Consultant 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:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement. Consultant agrees to complete work that is detailed in
Exhibit A and by this reference made a part hereof. Any and all work assigned by the City will be
contained in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended, on December 31, 2014. All work under this Agreement shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for
performance of those services described herein and in any subsequent agreements that arise from
the work under this Agreement. The total amount paid to the Consultant by the City shall not
exceed One Thousand Four Hundred and Zero/100 Dollars ($1,400.00) if all tasks are
completed. Any and all payments made to the Consultant shall be based upon the following
applicable terms:
A. Payment by City to Consultant for performance of services under this Agreement includes
all expenses incurred by Consultant, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the approval
of the City Manager, or designee, and not more frequently than monthly. Payment shall be
made only for work actually completed as of the date of invoice.
Consultant shall be fully responsible for the acts or omissions of any subconsultants or
subconsultants and of all persons employed by them, and neither the approval by City of any
subconsultant or subconsultant nor anything contained herein shall be deemed to create any
contractual relation between the subconsultant and City.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and
shall be deemed to be an independent Consultant 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 Consultant 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 Consultant under the
terms of this Agreement, to the full extent of any benefits or other remuneration Consultant
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 Consultant or to a third party) as a result of said
finding.
B. The undersigned Consultant 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 Consultant, 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, Consultant certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his
or her normal charge for the type of service provided.
Consultant 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.
C. Consultant certifies that it currently has a City business license or will obtain one prior to
delivering services under this Agreement.
D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
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non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall
not be less than$1,000,000.
If Consultant uses a personally-owned vehicle for business use under this contract, the
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of the
contract,business automobile liability coverage for all owned vehicles on an "occurrence" form.
The Combined Single Limit per occurrence shall not be less than$1,000,000.
C. Workers' Compensation Insurance
The Consultant or, its subconsultants, 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. Consultants 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 limits of not less than $1,000,000 each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers, employees, agents and representatives as additional insureds with
respect to this contract.
E. Insurance Carrier Rating
Coverages provided by the Consultant 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.
F. Self-Insurance
The City understands that some Consultants 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 the Consultant is self-insured for commercial
general liability or automobile liability insurance the Consultant must provide evidence of such
self-insurance. The Consultant 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.
G. 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 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 contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
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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.
10. MERGER
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 shall be effective unless and until it is made in writing and signed by
both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by
a Consultant that does not represent clients on matters contrary to City interests. Further,
Consultant shall not engage services of an attorney and/or other professional who individually, or
through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the services
on an attorney and/or other professional who individually, or through members of his/her same
firm, represents clients on matters contrary to City interests, Consultant shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,
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 Consultant,its
subconsultants, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked, or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Consultant,if a receiver or trustee is appointed for Consultant, or
if there is an assignment for the benefit of creditors of Consultant.
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relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules, and regulations. Consultant 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.
18. ERRORS
Consultant shall 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.
19. EXTRA(CHANGES) WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change) work.
Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such
work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance
of the work by the owner. Consultant warrants that all practices and procedures,workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance
of the work nor payment therefore shall relieve Consultant from liability under warranties contained
in or implied by this Agreement.
21. 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 attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the laws
of the State of Oregon. Any action or suits involving any question arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
23. 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 Chapters 279A, 279B and 279C, the provisions of
which are hereby made a part of this agreement.
24. 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
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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 he 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 MORGAN HOLEN&ASSOCIATES,LLC
By:Mike Stone,R ., City Engineer By: uth ri Agent of ons ant
l2.1 1r1►I--j 12. ( . ( 3
Date Date
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y
971.409.9354
Morgan Nolen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
--&—Af,f OCIATU1L1 Consulting Arborists and Urban Forest Management morgan.holen@comcast.net
SCOPE OF WORK AND AGREEMENT
Project No. MHA1356 November 22, 2013
Project Information: Client:
Fanno Creek Slope Stabilization—Arthur Ct. City of Tigard, Engineering Department
Consulting Arborist Services Attn: Karleen M. Aichele, Engineering Technician
City of Tigard Project No. 93009 13125 SW Hall Blvd.
Tigard, Oregon Tigard, Oregon 97223
Tasks Description
Tree Evaluation. One site meeting with the project design consultant and City staff to
1 evaluate existing trees in terms of the proposed work. Develop recommendations for
tree protection.Approximately one tree of issue.
Arborist Report. Written memorandum documenting the existing condition of tree(s)
2 of issue, and providing recommendations to reduce risk of injury at the site and
damage to the tree(s) and specifications for tree protection during construction.
Construction Monitoring. One site visit during construction to monitor tree protection
3 measures and ensure compliance with the arborist recommendations provided in Task
2. Includes an e-mail to the City documenting the inspection.
Final Inspection. One site visit once construction is complete to evaluate the condition
4 of the tree(s)following construction. Includes an e-mail to the City documenting the
final inspection and providing arborist recommendations for tree care if needed.
Fee Schedule
Consultant Rate: $150/hour
Mileage: at the current IRS mileage rate
Miscellaneous expenses at cost
This scope of work will be completed on a time and materials basis for an estimated amount not to
exceed $1,400-. Billing rates will be based on the fee schedule.Additional work outside of this scope will
be performed on a time and materials basis at the rates shown in the fee schedule and with prior
written consent from the Client. Work will be completed in a timely manner.Terms of payment are due
and payable on the date of the invoice, net 30 days.
This agreement is entered into by signature of the Client and Consultant.
Accepted by:
11/22/13
Client Date Mo n Holen, Ow r Date
Consultant