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Aerotek ~ C140056 City of Tigard 13125 SW Hall Blvd. r CONTRACT CHANGE ORDER/ Tigard, Oregon 97223 A.MENDMEl\ TT SL7MMARYFORM I Phone- (503) 639-4171 R Fax- (503) 684-7297 -car. ov Project Tide: Project Engineering Temp. Staffing Serv. Project Manager: Kim McMillan Contractor: Aerotek Original Contract#: C140056 Effective Dates: 3/5/14 through 12/31/14 Chane Order/Amendment Amount: $0 Accounting String: Billed to appropriate WO Amendment Percentage Running Total: 0% .AMENDMENT DETAILS Change in Effective Duration only. CHANGE ORDER DETAILS UNIT QTY UNIT$ NOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT No increase to dollar amount. If average is used from recent invoices, the last invoice will come through in the third week of December. REQUESTING PROJECT MANAGER APPROVI G CITY STAFF Kim McMillan 7. I44l /*,7 C_ 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 theproject's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT PROJECT ENGINEERING TEMPORARY STAFFING SERVICES CONTRACT#C140056 AMENDMENT#1 THIS AGREEMENT, made and entered into this 5`'` day of March, 2014, by and between the City of Tigard, a municipal corporation,hereinafter referred to as the "City," and Aerotek,hereinafter referred to as the"Contractor." 2. Effective Date and Duration This Agreement shall become effective upon the date of execution by the City's Local Contract Review Board, and shall expire,unless otherwise terminated or extended, on completion of the work or +m-e-303-;- 1!t-D cenibcr 31,2014,whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 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 TIGARD ��- . AEROTEK �6L - Signature Signature M(A( �'(��tk Wim Printed Name Printed Name 6.30. 2z14- Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVER Y CONTRACT �' O� Contract Title: Project Engineer Temporar�J Staffing Services Number: Contractor: Aerotek Contract Total: $100,000.00 Contract Overview: Contractor shall provide professional temporary staffing services. Contractor shall provide one or more Contract Employees to City at City's request. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low Risk Reduction Steps: a— clj ins � L - Risk Comments: e-- �� � • ,ate � �e�� f Risk Signature: Contract Manager: Kim McMillan Est: 2642 Department: PW/Engineering Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement ❑ IGA ® Other: Professional Services Start Date:' End Date: 6/30/14 Quotes/Bids/Proposal: FIRM - AMOUNT CORE Aerotek $100,000 kccount String: Fund-Division-Account Work Order-Activijy TyFe Amount Year 1 Contract Employee will be billed to appropriate Work Order Year 2 Year 3 Year 4 Year 5 Approvals - LCRB Date: Department Comments: Aerotek was chosen at the request of the purchasing department. Department Signature: - ( — Purchasing Comments: Purchasing Signature: City Manager Commen City Manager Signature: r - After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. i Contract CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT PROJECT ENGINEER TEMPORARY STAFFING SERVICES THIS AGREEMENT,-made and entered into this 5"' day of March, 2014, by and between the City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Aerotek, hereinafter referred to as the "Contractor." RECITALS WHEREAS, the City's 2014 fiscal year budget provides for temporary project engineering services for various capital improvement projects;and WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City;and WHEREAS, the City desires to engage the Contractor to render professional project engineering temporary staffing services as described in this Agreement, and the Contractor is willing and qualified to perform such services; THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree as follows: 1. Contractor's Scope of Services The Contractor shall provide professional temporary staffing services relevant to the Project in accordance with the terms and conditions set forth herein, and as provided in Exhibit A,which is attached hereto and by this reference made a part of this Agreement. Contractor shall provide one or more Contract Employees to City at City's request. 2. Effective Date and Duration This agreement shall become effective upon the date of execution by the City's Local Contract Review Board, and shall expire,unless otherwise terminated or extended, on completion of the work or June 30, 2014 whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Contractor's Fee The City agrees to pay Contractor in accordance with the hourly 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 Contractor by the City shall not exceed One Hundred Thousand and No/100 Dollars ($100,000.00) if all tasks are completed. The Parties further agree that upon reaching such not to exceed amount, Contractor shall owe no further obligation to provide services to City hereunder. Any and all payments made to the Contractor shall be based upon the following applicable terms: A. Contractor's temporary employee assigned to the City hereunder will present a timesheet to the City for verification and signature at the end of each week. City's approval thereby will indicate its acceptance of the hours worked. B. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor,with the exception of expenses,if any identified in this Agreement as separately reimbursable. C. Payment will be made within 30 days of Contractor's invoice, subject to the approval of the City Manager, or designee, and not more frequently than weekly. Payment shall be made only for work actually completed as of the date of invoice. D. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. E. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. F. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. G. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. H. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor 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 Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to- any unpaid claims. I. Contractor 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. J. Contractor 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 Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor 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. K. Should City hire the Contractor's Contract Employee prior to 6 months of service, the buyout fee will be 30%. If the Contractor's Contract Employee has completed a minimum of 6 months of service at City for Contractor, there will be no fee for directly hiring the employee. L. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 2014 Project Engineer Temporary Staffing Services 2 " 4. Ownership of Plans and Documents: Records 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. 6. Contractor is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Contractor's services are satisfactory and consistent with this agreement. Contractor shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Contractor is an independent contractor and not an employee of City. Contractor acknowledges Contractor's status as an independent contractor and acknowledges that Contractor is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Contractor to provide services under this contract are employees of Contractor and not of City. Contractor acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation coverage for its employees and all other payments and taxes required by law. Furthermore,in the event that Contractor is found by a court of law or an administrative agency to be an employee of the 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 the 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. C. The undersigned Contractor 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 the Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. 2014 Project Engineer Temporary Staffing Services 3 !' . E. Contractor 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. F. Contractor shall obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. G. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. Indemnity City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor 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 Contractor's work by City shall not operate as a waiver or release. Contractor 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 Contractor and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Contractor and its subcontractors shall provide at least the following limits and coverages: 2014 Project Engineer Temporary Staffing Services 4 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 (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 $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 B. Workers' Compensation Insurance The Contractor, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are 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. 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$1,000,000 each accident. C. Additional Insured Provision All policies aforementioned, other than Workers' Compensation shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. D. Insurance Carrier Rating Coverage provided by the Contractor 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. E. Self-Insurance The City understands that some Contractors 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 Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor 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. 2014 Project Engineer Temporary Staffing Services 5 i' : cc F. 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 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 address below prior to coverage expiration. G. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. H. Primary Coverage Clarification The parties agree that Contractor'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. I. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile 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 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. 9. 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 Contractor. If City terminates the contract pursuant to this paragraph,it shall pay Contractor for services rendered to the date of termination. 2014 Project Engineer Temporary Staffing Services 6 !' 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Contractor, 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 Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. 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 Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Contractor 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 days or such other period as City may authorize. 3) If Contractor fails to eliminate a conflict as described in Section 14 of this agreement. The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Contractor 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), Contractor 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 Contractor bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from 2014 Project Engineer Temporary Staffing Services 7 i' such amount the amount of damages, if any, sustained by City due to breach of contract by Contractor. 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. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 12. Method and Place of Giving Notice, Submitting Bills and Making 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 AEROTEK Attn: Kim NlclNliIlan,Asst City Engineer Attn: Brian Sorg Address: 13125 SW Hall Blvd. Address: One Embassy Center Tigard, Oregon 97223 9020 Washington Sq Rd, Suite 300 Tigard, Oregon 97223 Phone: (503) 718-2642 Phone: (503) 403-1900 Fax: (503) 684-7297 Fax: (503) 403-1890 Email: kimatigard-or.gov Email: bsorg cnioaerotek.com 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, 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. 13. 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. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by a Contractor, which does not represent clients on matters contrary to City interests. Further, Contractor shall not engage services of an Contractor and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Contractor represent clients on matters contrary to City interests or engage the services of an Contractor and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Contractor shall consult with the appropriate City representative regarding the conflict. 2014 Project Engineer Temporary Staffing Services 8 After such consultation, the Contractor 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 10 (B -3) of this agreement. 15. 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, 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 subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten 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-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. All facilities designed by Contractor under this contract shall be designed to be readily accessible to and usable by individuals with disabilities as required by the Americans with Disabilities Act. 17. 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. 18. Compliance With Applicable Law Contractor shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,279B,and 279C. 19. Conflict Between Terms It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 20. Access to Records City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 2014 Project Engineer Temporary Staffing Services 9 21. Audit Contractor 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. Contractor 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. 22. 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. 23. Industrial Accident Fund Paymen Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 24. Job Supervision The City shall be responsible for the supervision of the Contractor's employees. City shall provide a safe, clean work environment that complies with all applicable local, state and federal laws. City agrees to provide site specific training, certification, evaluation and orientation for all Contractor's Contract Employees in all applicable safety, hazardous communication and operational instructions in the same manner as City employees and as required by policy or by law, including but not limited to, all federal OSHA and equivalent state agency requirements, guidelines and standards. City will provide and require all Contractor's Contract Employees to wear all appropriate safety equipment. City will notify Contractor immediately in the event of an accident or medical treatment of any Contractor Contract Employee, and will be provided with a completed supervisor's report of injury. In the event of an accident or other incident involving an Contractor's Contract Employee, Contractor shall have the right to conduct and onsite investigation. City shall indemnify Contractor and hold it harmless against and from any claims made or brought as a result of City's breach of its obligations contained in this paragraph. 25. Scope of Background Inquiries To the extent permitted by applicable law, City will perform the following checks: A. Social Security Verification B. Oregon State Police Records C. Department of Motor Vehicles Records 26. Resume Confidentiality City agrees to hold in confidence the identity of Contractor's candidate and the candidate's resume,social security number and other legally protected personal information. 2014 Project Engineer Temporary Staffing Services 10 ( i :: 27. 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 Exhibits, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 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 Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD AEROTEK By: Marty Wine, .i Manager By: Authori/zed Contract presentative Li Date Date 2014 Project Engineer Temporary Staffing Services EXHIBIT A SCOPE OF SERVICES SCOPE OF SERVICES Contractor shall provide the City with a qualified candidate to fufill the position according to the job description below . • Monitor operations and activities of the engineering function; recommends improvements and modifications and prepares various reports on operations and activities; recommends and assists in the implementation of goals and objectives;implements policies and procedures. • Supervise, plan, design, and inspect all phases of civil engineering public works construction projects, including defining the scope of the project; securing adequate funding from Federal and State grant programs and other funding sources; coordinate with permitting and public utility agencies; perform historical document research and review; survey and engineering analysis of alternatives; prepare plans, specifications, and cost estimates; perform research, map, and field studies and surveys; draft site plans with specialized computer software; apply engineering principles and practices to specific problems; coordinate construction schedules with other projects and agencies, prepare and review cost estimates and inspect construction of projects to ensure compliance with construction documents; and other related engineering and design work. • Assist the Engineering Manager and/or City Engineer with the project initiation phase,including defining the project scope;identifying project financing;identifying internal and external stakeholders;and developing a project charter. • Oversee the project planning process, including developing a project management plan, collecting project requirements, defining the project scope, developing a work breakdown structure, defining project activities, developing project activity sequencing, establishing activity resource needs, establishing activity durations, developing project schedules, developing cost estimates; developing QA/QC, human resources, communications and risk management plans, • Review construction plans prepared by consulting engineers and private contractors to verify compliance with City sidewalk, public utility, and improvement requirements; check plans for conformance with regulations regarding line, grade, size, elevation, and location of structures; review engineering calculations of other engineers or engineering technicians; participates in pre- design, construction, and utility coordination meetings and issues construction permits. • Provide project administration, public relations, management, and inspection of public works construction projects,including acquiring a project team, developing/managing the project team, distributing information, conducting procurement, coordinating work with other divisions and City departments, review and inspect work to ensure conformance with plans and specifications, track and maintain all project accounting, reviewing change orders or contract amendments, coordinate and control project schedules, prepare project performance reports for distribution to appropriate managers, and provide public notices of projects. • Investigate field problems affecting property owners, contractors, and maintenance operations; respond to citizen inquiries and complaints; provide information to the public at the front counter in person, via telephone, or other means of communication regarding grading, encroachment permits, right-of-way and property line information, utility information, slope stability and groundwater issues,improvement plan check, and payment processes. 2014 Project Engineer Temporary Staffing Services 12 !' • Provide oversight to ensure that all CIP projects are properly closed out, including obtaining appropriate approvals from internal or external regulatory authorities; conducting appropriate post-project critiquing sessions, applying appropriate updates to organizational processes or assets;and archiving all relevant project documentation. • Develop 6onsultaft Contractor requests for proposals for professional and/or construction services and the advertising and bid processes; evaluate proposals and recommend project award; negotiate and administers contract for construction projects; ensure contractor compliance with City standards and specifications, time, and budget estimates; analyze and resolve complex problems that may arise;recommend and approve field changes as required. • Provide technical review for construction plans for private developments to ensure adherence to City rules and standards;recommend changes as necessary. • Keep immediate City staff report and designated other City staff accurately informed concerning work progress, including present and potential work problems and suggestions for new or improved ways of addressing such problems. • Attend meetings, conferences, workshops, and training sessions and review publications and audio-visual materials to become and remain current on principles, practices, and new developments in assigned work areas. • Communicate and coordinate regularly with appropriate others to maximize the effectiveness and efficiency of interdepartmental operations and activities. Provide technical direction and training to other engineering and technical staff. • Other duties as assigned projects warrant. REQUIRED KNOWLEDGE AND ABILITIES Gensultan Contractor shall provide temporary project engineer staff that has the following minimum knowledge and ability sets: Knowledge of: • Principles and practices of employee supervision, including work planning, assignment, review and evaluation, discipline, and the training of staff in work procedures. • Civil engineering principles, techniques, policies, and procedures. • Methods, materials, and techniques used in the construction of public works projects, including water and wastewater systems, stormwater, street, and traffic systems design. • Advanced principles, practices, procedures, and standards related to City public works and engineering infrastructure development and maintenance. • Advanced principles and practices of capital improvement program budgeting, cost estimation, funding, project management,and contract administration. • Advanced design, layout, and construction practices for public improvements such as streets, storm drains,grading, and landscaping. • Subdivision engineering, plan review, mapping, and construction practices. • Bidding requirements for public works projects. • Engineering plan types,review practices, and permit filing and approval procedures. • Applicable Federal, State, and local laws, codes, and regulations. • Modern office practices and technology, including personal computer hardware and software applications related to the work, such as computer-aided drafting concepts and applications, and Geographic Information Systems (GIS) programs. 2014 Project Engineer Temporary Staffing Services 13 1 P • Modern developments, current literature, and sources of information regarding engineering. • Principles of advanced mathematics and their application to engineering work. • Practices of researching engineering and design issues, evaluating alternatives, making sound recommendations, and preparing and presenting effective staff reports. • Methods and techniques of effective technical report preparation and presentation. • English usage,grammar, spelling,vocabulary,and punctuation. • Techniques for effectively representing the City in contacts with governmental agencies, community groups, various business, professional, educational, and regulatory organizations and with property owners, developers, contractors, and the public. • Techniques for dealing effectively with the public,vendors, contractors, and City staff,in person and over the telephone. • Techniques for providing a high level of customer service to public and City staff,in person and over the telephone. Ability to: • Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards. • Supervise, train,plan, organize, schedule, assign,review, and evaluate the work of staff. • Organize,implement, and direct plans examination operations, activities, and projects. • Analyze, interpret, apply, and enforce applicable Federal, State, and local policies, procedures, laws, and regulations. • Identify problems, research and analyze relevant information, and develop and present recommendations and justification for solution. • Research, analyze, and evaluate new service deliveiy methods,procedures, and techniques. • Conduct complex civil engineering research projects, analyze complex problems, evaluate alternatives,make sound recommendations, and prepare effective technical staff reports. • Prepare, understand, and interpret engineering construction plans, specifications, and other contract documents. • Conduct comprehensive engineering studies and prepare reports with recommendations. • Develop and administer contracts for professional services and construction in a public agency setting. • Read, interpret, apply, and explain technical written material and complex laws, codes, regulations, ordinances, and City engineering policies and procedures. • Design and manage engineering projects. • Perform mathematical and engineering computations with precision. • Recognize discrepancies from as-built to contract specifications and recommend reconciliation of any discrepancies. • flake engineering design computations and check, design, and prepare engineering plans and studies. • Effectively represent the department and the City in meetings with governmental agencies, community groups, and various business, professional, and regulatory organizations and individuals. • Coordinate assigned activities with other City departments and agencies as required. • Direct the work of contractors. 2014 Project Engineer Temporary Staffing Services 14 1' r, • Prepare and present clear, concise, and logical written and oral reports, correspondence, policies, procedures, and other written materials. • Establish and maintain a variety of filing,record-keeping, and tracking systems. • Make sound,independent decisions within established policy and procedural guidelines. • Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner; organize own work, set priorities, and meet critical time deadlines. • Operate modern office equipment including computer equipment and specialized software applications programs. • Comprehend and use English effectively including producing all forms of communication in a clear, concise,and understandable manner to intended audiences. • Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines. • Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. REQUIRED EDUCATION AND EXPERIENCE Contractor shall provide temporary engineering staff that possesses a combination of training and experience as follows: Equivalent of graduation from an accredited four-year college or university with major coursework in civil engineering or a related engineering field and three (3) years of increasingly responsible experience in professional engineering design,plan review, and project administration experience, preferably in a public agency setting. REQUIRED LICENSES AND CERTIFICATIONS Contractor shall provide temporary project engineering staff that has the following minimum licenses and certifications: • Possession of a valid driver's license with a satisfactory driving record. • Possession of a Professional Civil Engineer license to practice in the State of Oregon. HOURLY RATE All work shall be billed at a rate of Sixty Seven and 90/100 Dollars ($67.90) per hour. All bills submitted to the City by Contractor must list total number of hours worked during that billing cycle. Contractor may increase its hourly rate provided under this Agreement to reflect increases in Contractors costs of doing business, including costs associated with higher wages for workers and/or related tax, benefit and other costs. Contractor will provide the City with thirty (30) days written notice of the increase in rates. CONVERSION FEES Contractor's professionals are full-time, salaried employees of Aerotek. Should City hire the Contractor's Contract Employee prior to 6 months of service, the buyout fee will be 30%. If the Contractor's Contract Employee has completed a minimum of 6 months of service at City for Contractor, there will be no fee for directly hiring the employee. 2014 Project Engineer Temporary Staffing Services 15