Morgan Holen & Associates, LLC ~ C140045 City of Tigard
CONTRACT CHANGE ORDER/ Tigard,
Svr OreIlallgon
Blvd.
Tigard,Oregon 97223
AMENDMENT #1 SUMMARY FORM Plione- (503) 639-4171
Fax- (503) 684-7297
>r>�-
Project Title: Copper Creek Slope Stabilization Project Manager: Greg Berry
Contractor: Morgan Holen &Associates LLC Original Contract#: C140045
Effective Dates: 12/5/13 Change Order/Amendment Amount: $1,700
Accounting String:510-8000-5 6005, 94022-510-130 Amendment Percentage Running Total: 121 ,'o
AMENDMENT DETAILS
Services during construction
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
Original Contract $1,400
Amendment#1 $1,700
TOTAL $3,100
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.
REQUESTING PROJECT MANAGER P O "I SZ FF
Signature Signature
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 Signature
the work. The unit pricing in the original contract shall apply to
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 bud et. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
COPPER CREEK SLOPE STABILIZATION
AMENDMENT#1 (CONTRACT#C140045)
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 Contractor, entered into on the
5"' 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 Three Thousand One Hundred and No/100 Dollars ($3,100 00 Gae-T4to-d :4 ftd-F-'tTr
Httt_,�..e ;n,, � � � 9 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 $1,700.00,
TASK DESCRIPTION
1 Pre-Construction Site Visit. One site visit prior to construction to inspect pruning and verify
the installation of tree protection measures.
Assumptions: The City will contact the project arborist for inspection once pruning is complete
and protection measures are installed.
2 Construction Monitoring. Three site visits during construction to monitor tree protection
measures and provide arborist supervision of stump removal and excavation beneath the dripline
of protected trees to ensure compliance with the arborist recommendations provided in the pre-
construction arbonist report. Includes e-mails to the City documenting inspections and any
additional tree protection recommendations. Assumes six hours of monitoring during
construction.
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&pASSOCIATES,LLC
Signature I Signa e
IGIk.4•(eR.�• �hD ' d h
Printed Name Printed N Ole
o11041l4 71�1_!4
Date Date r
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: Copper Creek Slope Stabilization- 94022 Number:(2 /(4WtkS
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 habihj<:to incidental use (Reduced to $1 million instead of
$2 million.)
Risk Comments:
Risk Signature:
Contract Manager: Greg Berry,P.E. Ext: 2468 Department: Engineering__
Type: ❑ Purchase Agreement X Personal Seri-ice. ❑ 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
(Mileage and Miscellaneous Expenses are included.)
Account String: Fund-Division-Account Work Order—Activily'rype Amount
510-8000-56005 94022-130 $1,400
Approvals - LCRB Date:
Department Comments: Direct appoint. Contract under$20,000.
Department Signature: �2`l�c113
Purchasing Comments:
yu
Purchasing Signature:
City Manager Comm
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract Number c/UOoqs
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
COPPER CREEK SLOPE STABILIZATION
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 Copper Creek Slope Stabilization;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.
C. 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.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials
for the prosecution of this work.
E. 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.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a sub-consultant or sub-consultant by any person as such
claim becomes due, City's Finance Director may pay such claim and charge the amount of
the payment against funds due or 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.
H. Consultant shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one 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.
I. Consultant shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and 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.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding during future fiscal
years shall be subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement,including any computations,plans, correspondence or
pertinent data and information gathered by or computed by Consultant prior to termination of this
Agreement by Consultant or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract,
21 I' ll
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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7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to
enter into this Agreement. Consultant represents that all of 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 Consultant's work
by City shall not operate as a waiver or release.
Consultant agrees to indemnify and defend the City, its officers, employees, agents and
representatives 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 (at both
trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies) that may be asserted by any person or entity which in any
way arise from, during or in connection with the performance of the work described in this contract,
except liability arising out of the sole negligence of the City and its employees. Such indemnification
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.
8. INSURANCE
Consultant and its subconsultants 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, including the operations of its subconsultants of
any tier.
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 (CG 2010 1185 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 $2,000,000
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. Commercial Automobile Insurance
Consultant shall also obtain, at consultant's expense, and keep in effect during the term of the
contract, Commercial Automobile Liability coverage including coverage for all owned,hired,and
¢ I Post.
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.
51 ['ag,
H. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
I. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
J. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability,
professional liability,pollution and errors and omissions policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an
authorized representative of the issuing insurance company may be required to be forwarded to
the above address.
Such policies or certificates must be delivered prior to commencement of the work. 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.
9. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices, bills and payments shall be made in writing and may be given by personal delivery, mail
or by 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 MORGAN HOLEN&ASSOCIATES,LLC
Attn: Greg Berry, P.E., Project Engineer Attn: Morgan Holen
Address: 13125 SW Hall Boulevard Address: 3 Monroe Parkway, Suite P 220
Tigard, Oregon 97223 Lake
Oswego, Oregon 97035
Phone: (503) 718-2468 Phone: (971) 409-9354
Fax: (503) 684-7297
Email: greg@tigard-or.gov Email: morgan.holen@comcast.net
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
61 Pa c
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be
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.
' -- 71 Pac;�
Any such termination of this agreement under paragraph (a) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City,by written notice of default (including breach of contract) to Consultant,may terminate
the whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time
specified herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so
fails to pursue the work as to endanger performance of this agreement in accordance
with its terms, and after receipt of written notice from City, fails to correct such
failures within ten (10) days or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this
agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (b), Consultant shall be entitled to receive
as full payment for all services satisfactorily rendered and expenses incurred, an amount
which bears the same ratio to the total fees specified in this Agreement as the services
satisfactorily rendered by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, that there shall be deducted from such amount the
amount of damages, if any, sustained by City due to breach of contract by Consultant.
Damages for breach of contract shall be those allowed by Oregon law, reasonable and
necessary attorney fees,and other costs of litigation at trial and upon appeal.
14. 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.
15. 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, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire,flood,epidemic,quarantine restriction,area-wide strike, freight
embargo,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.
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
..i:. 8 1 p a e
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 not 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
9l Page
and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City, the State of Oregon, the federal government, or their duly
authorized representatives to audit all records pertaining to this Agreement to assure the accurate
expenditure of funds.
26. 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.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant labor
or materials for the execution of the work provided by this order. Consultant must pay all
contributions or amounts due from Consultant to the Industrial Accident Fund incurred in the
performance of this order. Consultant 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.
Consultant further agrees to pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order, then no person shall be employed for more than eight (8)
hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or emergency
or where the public policy absolutely requires it, and in such cases, except cases of contracts for
personal services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all
overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal
holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in
ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty
(40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or
under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS' COMPENSATION
Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury,to the employees of such Consultant, of all sums which the Consultant
agrees to pay for such services and all moneys and sums which the Consultant collected or deducted
from the wages of the employees pursuant to any lav, Consultant agreement for the purpose of
providing or paying for such service.
30. COMPLETE AGREEMENT
This Agreement and attached exhibits constitutes the entire Agreement between the parties. No
waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in
10 1 P
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
o
By:Mike Stone,P. .,City Engineer By: uth ri Agent of Consul nt
��� tAl��i lZ• � 1 • t �
Date Date
11 P ;i e
EXHIBIT A
SERVICES TO BE PROVIDED
SCOPE OF SERVICES
Following is the proposed scope of services from design through construction:
PRECONSTRUCTION PHASE
• TASK 1 - Evaluate Tree: Provide one site visit with the project design consultant and City staff to
evaluate existing tree(s) in terms of the proposed construction activities. Develop recommendations
for tree protection.Approximately 1 tree of known issue.
• TASK 2 - Prepare Arborist Report: Prepare written memorandum documenting the existing
condition of tree(s) of issue, and provide recommendation to reduce risk of injury at the site and
potential damage to the tree(s).
• TASK 3 - Provide Protection Recommendations: Provide specifications for tree protection
during construction.
CONSTRUCTION PHASE
• TASK 4 — Construction Monitoring: Perform on site visit during construction to monitor tree
protection measures and ensure compliance with the arborist recommendations provided in Task 2.
Provide an e-mail to the City representative documenting the inspection.
POST-CONSTRUCTION PHASE
• Task 5 — Final Inspection: Provide one site visit following the completion of construction to
evaluate the condition of the tree(s). Follow this visit, provide an e-mail to the City Representative
documenting the final inspection and including arborist recommendations for tree care if needed.
FEE SCHEDULE
Consultant Rate ` $150/hour !
_t.._..._......_._....._.._.. - ---------
j Mileage Current IRS. --- rate
Miscellaneous expenses _ _ Y $150
COST/RATE ESTIMATES/FEE SCHEDULE
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.
- 121Pa g e
971.409.9354
Morgan Molen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
—� —AfJOCIATE r, Consulting Arborists and Urban Forest Management morgan.holen@comcast.net
SCOPE OF WORK AND AGREEMENT
Project No. MHA1357 November 22, 2013
Project Information: Client:
Copper Creek Slope Stabilization City of Tigard, Engineering Department
Consulting Arborist Services Attn: Karleen M.Aichele, Engineering Technician
City of Tigard Project No. 94022 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