Pacific Habitat Services ~ C150056 City of Tigard
CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd.
AMENDMENT SUMMARY
im
Ti Oregon 97
Phone 223
( 503) 6397223
4171
FIELD CHANGE ORDER FORM Fax- (503) 684-7297
www.t'Wd-or.gov
Project Tide: Ash Avenue Wetland Delineation Project Manager: Sean Farrell
Contractor: Pacific Habitat Services Original Contract #: C150056
Effective Dates: 4/7/15 Chane Order/Amendment Amount: $5,685
Accounting Strm' :940-8000-56005 Amendment Percentage Running Total:
AMENDMENT DETAILS
Additional work tasks: Prepare Natural Resources Assessment and Service Provider Letter application
CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
Additional scope
REQUESTING PROJECT MANAGER APPROVING CITY STAFF
Signature S ature
Date ate
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 CONTRACT
ASH AVE WETLAND DELINEATION 0150056
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Pacific Habitat Services, hereinafter referred to as Contractor, entered into on the 10th day
of February, 2015,is hereby amended as follows:
The Basic Fee shall not exceed the amount of Two '7"L...•-..and Eight t Hund...a d r,0 ,00_D04ftr-a
($2;800.00)Eight thousand six hundred sixty-five and No/100 Dollars ($8,665.00). The additional
dollars are for additional work related to the Wetland Delineation as detailed in Exhibit A to this
Amendment.
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 TIGA.RD P IC HAB TA RVICES
" �2m�
Signature U Signature
SPy A r/-c I S I M
Printed Name Printed Name
4-, � �� I�
Dat6 Date
iPHSt 441
PACIFIC HABITAT SERVICES, INC
9450 SW Commerce Circle,Suite 180 (800)871-9333•(503)570-0800•Fax(503)570-0855
Wilsonville,OR 97070
March 31, 2015
Sean Farrelly
Redevelopment Project Manager
City of Tigard/City Center Development Agency
13125 SW Hall Blvd
Tigard, OR, 97223
In Re: Proposal to provide a standard site assessment for the City of Tigard's
Public Works Yard at 12800 SW Ash Avenue in Tigard, OR(2S 1W
02AD tax lot 3000)
PHS project number: 5624
Dear Sean:
Pacific Habitat Services, Inc. (PHS)proposes to provide a standard site assessment to satisfy
Clean Water Services (CWS) for a lot line adjustment and proposed construction activities at the
City of Tigard's Public Works yard at 12800 SW Ash Avenue in Tigard. It is assumed that the
proposed construction activities will constitute"redevelopment," as defined by CWS. As such,
impervious areas must be a minimum of 25 feet from the Sensitive Area(SA).
PHS has already conducted a simplified site assessment for the property, identifying an overflow
channel of Fanno Creek along the southwest side of the property. The overflow channel will be
regulated by the US Army Corps of Engineers (Corps) and the Oregon Department of State
Lands (DSL).As such, CWS will require a vegetated corridor around the overflow channel as
defined in Chapter 3 of their Design and Construction Standards (2007).
As described above, impervious areas associated with redevelopment must be a minimum of 25
feet from the SA. The proposed site plan includes impervious surface areas within the 25-foot
vegetated corridor area,which constitutes vegetated corridor encroachment requiring mitigation.
In order to move forward with development of the site, the location of the overflow channel and
its associated buffer must be documented in a Natural Resources Assessment(NRA),which will
include a Tier 3 Alternatives Analysis for redevelopment of the site. PHS will submit a Sensitive
Area Certification Form with the NRA to obtain a Service Provider Letter(SPL) for the
proposed project. To conduct this work,we have prepared this proposal with two tasks.
General Contractors OR: CCB#94379
Sean Farrelly
Proposal for a standard site assessment for City of Tigard's Public Works Yard,Tigard,OR
Pacific Habitat Services,Inc./PHS#5624
Page-2-
Task 1 Prepare NRA Report
PHS will prepare an NRA report suitable for review by CWS. As described above, PHS has
already conducted the wetland delineation field work using the required criteria and
methodologies of the Corps of Engineers Wetland Delineation Manual Technical Report Y-87-1
(Environmental Laboratory, 1987) and the Western Mountains, Valleys and Coast Region
regional supplement to the 1987 Manual and NRA fieldwork per CWS criteria and
methodologies for water quality sensitive areas and associated vegetated corridors within 200
feet of the parcel. The boundaries of the overflow channel of Fanno Creek was flagged and
professionally surveyed.
The NRA report will include a discussion of sensitive areas within 200 feet of the site, as well as
an assessment of the on-site vegetated corridors. The NRA will assess impacts to the vegetated
corridor resulting from the proposed project, and include a discussion of required enhancements
and mitigation. PHS assumes that any required vegetated corridor mitigation will occur on site.
PHS has not included time for a search for any off-site mitigation requirements.
Because impacts to the vegetated corridor are associated with redevelopment within a modified
vegetated corridor(Section 3.10.2, Chapter 3 of Design and Construction Standards),the NRA
will include a Tier III Alternative Analysis. A requirement of the Tier III Alternatives Analysis is
a description of why the encroachment is needed under the proposed redevelopment plan,
including rejected alternatives that would result in less encroachment. PHS will work with the
project team to provide CWS with an alternatives analysis, as well as a discussion of the water
quality benefits of the project.
PHS will coordinate with you for the completion of the Sensitive Areas Certification Form,
which will be submitted with the NRA report to obtain the SPL. Clean Water Services will
require an initial review fee of$500 at the time of submittal. Additional fees will be required at
the time of SPL issuance. PHS has not included these fees in our proposal.
Though required,this proposal does not include the preparation of a final landscape plan for
enhancement of vegetated corridors on the property and the mitigation area. If you would like
PHS to prepare a landscape plan, it can be covered under a separate scope of work.
Task 2 Agency Coordination/Communication with Project Team
To facilitate the project as proposed, it will be necessary to communicate with the project team,
as well as the agencies. PHS will maintain regular contact with the project team, and relay
information between the project team and the agencies as necessary.
PROJECT TEAM
The PHS project team consists of John van Staveren, Principal-in-Charge ($120/hr); Wetland
Scientist 2 ($99/hr); Wetland Scientist 1 ($97/hr); Lisa Bosca, Graphics Specialist($75/hr); and
Jane Le Blanc, Technical Editor($65/hr).
Sean Farrelly
Proposal for a standard site assessment for City of Tigard's Public Works Yard,Tigard,OR
Pacific Habitat Services,Inc./PHS#5624
Page-3-
PROPOSED FEE ESTIMATE
The estimated total cost for conducting the work, including labor charges and disbursements, is
$5,865. The work will be conducted on a time and materials basis and you will only be charged
for the time actually spent on the project. If substantial or several design changes are made to the
project, charges may exceed this amount, and will be billed at PHS' standard hourly rates in
effect at the time the changes are made.
We look forward to working with you on this project.
Sincerely,
4c��
John van Staveren
Project Manager
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CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(Txis FORMMUST ACCOMPANY EVER Y CONTRACT)
Contract Title: Ash Avenue Wetland Delineation Services Number: J �o
Contractor: Pacific Habitat Services Contract Total: $2,800
Contract Overview: Perform wetland delineation for Ash Avenue site
Initial Risk Level: ❑ Extreme ❑ High ❑Moderate ®Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Sean Farrelly Ext: 2420 Department: CD
Type: ❑ Purchase Agreement ❑ Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ❑ Other: Start Date: End Date:
Quotes/Bids/Proposal: FIRM AMOUNT/ CORE
Direct appointment
Account String. Fund-Division-Account Work Order—Activi1y T;-pe Amount
Year 1 940-8000-56005 97012-940-120 $2,800
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments: k\"i I4
o /
i
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Jamie Greenberg
From: Loreen Mills
Sent: Thursday, February 12, 2015 10:30 AM
To: Jamie Greenberg
Cc: Sean Farrelly
Subject: Re: Professional Liability for Ash Avenue Contract
$2mil works good on this contract.Thanks for checking!
Loreen Mills
Sent from my iPhone
>On Feb 12, 2015, at 10:22 AM,Jamie Greenberg<jamie@tieard-or.eov>wrote:
> Loreen,
>Can you please take a look at the attached contract and let me know if the$2mil in Professional Liability will work.
>Sean had sent this to me earlier and I didn't realize this was a professional contract. I had told him that the other
insurance was fine with the umbrella coverage. I did ask about the workers comp and she said that they have$1,000,000
Employer Liability Insurance.
> If you can please advise on this would be great. I have called Jane in regard to the WC as I want to make sure I
understand exactly what they do have.
>Jamie Greenberg
> Purchasing Assistant
>503-718-2492
>-----Original Message-----
• From:Jane Le Blanc [mailto:jane@pacifichabitat.com]
>Sent:Thursday, February 12, 2015 9:52 AM
>To:Jamie Greenberg
>Subject: Professional Liability for Ash Avenue Contract
>Jamie,
>We only carry$2 million in aggregrate on our professional liability, not the $3 million. Can you please confirm that this
will be ok.Thanks!
>Jane
>Jane Le Blanc
> Pacific Habitat Services, Inc.
> 9450 SW Commerce Circle, Suite 180
>Wilsonville, OR 97070
> Phone: 503-570-0800
> Fax: 503-570-0855
> DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-
mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are
Contract# 6
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ASH AVENUE WETLAND DELINEATION
THIS AGREEMENT,made and entered into this 10`' day of February, 2015, by and between the
City of Tigard, a municipal corporation, hereinafter referred to as the "City," and Pacific Habitat
Services,Inc.,hereinafter referred to as the "Consultant."
RECITALS
WHEREAS,the City's 2014-2015 Fiscal Year budget provides for consultant services for the Public
Works Yard Development project;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 Consultant to render professional site assessment
services for the project described in this Agreement, and the Consultant 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. Consultant's Scope of Services
The Consultant shall perform professional site assessment 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.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, on completion of the work or June 30, 2015 whichever
comes first. All work under this Agreement shall be completed prior to the expiration of this
Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement,and
for services required in the fulfillment of Paragraph 1, the Consultant shall be paid
on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement,
which shall constitute full and complete payment for said services and all
expenditures which may be made and expenses incurred, except as otherwise
expressly provided in this Agreement. The Basic Fee shall not exceed the amount of
Two Thousand Eight Hundred and No/100 Dollars ($2,800.00) without prior
written authorization.
2) The parties hereto do expressly agree that the Basic Fee is based upon the Scope of
Services to be provided by the Consultant and is not necessarily related to the
estimated construction cost of the Project. In the event that the actual construction
cost differs from the estimated construction cost, the Consultant's compensation will
not be adjusted unless the Scope of Services to be provided by the Consultant
changes and is authorized and accepted by the City.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings
shall be submitted by the Consultant periodically, but not more frequently than monthly.
Payment by the City shall release the City from any further obligation for payment to the
Consultant for service or services performed or expenses incurred as of the date of the
statement of services. Payment shall be made only for work actually completed as of the
date of invoice. Payment shall not be considered acceptance or approval of any work or
waiver of any defects therein.
C. Payment for Special Services
Only when directed in writing by the City, the Consultant shall furnish or acquire for the
City the professional and technical services based on the hourly rate schedule as
described in Exhibit B of this contract for minor project additions and/or alterations,
A Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than
lump sum fees to substantiate all charges. For such purposes, the books of account of
the Consultant shall be subject to audit by the City. The Consultant shall complete work
and cost records for all billings on such forms and in such manner as will be satisfactory
to the City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number, as
designated by the Internal Revenue Service, or social security number, as the City deems
applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
2) 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.
3) 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.
4) The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract,
5) Consultant shall make payments promptly, as due, to all persons supplying services
or materials for work covered under this contract. Consultant shall not permit any
lien or claim to be filed or prosecuted against the City on any account of any service
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or materials furnished.
6) If Consultant fails, neglects or refuses to make prompt payment of any claim for
labor,materials, or services furnished to Consultant, sub-consultant or subcontractor
by any person as such claim becomes due, City may pay such claim and charge the
amount of the payment against funds due or to become due to 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.
4. Ownership of Plans and Documents: Records
A. The field notes, design notes, and original drawings of the construction plans, as
instruments of service, are and shall remain, the property of the Consultant; however,
the City shall be furnished, at no additional cost, one set of previously approved
reproducible drawings, on 3 imil minimum thickness mylar as well as diskette in "DWG"
or "DXF" format, of the original drawings of the work. The City shall have unlimited
authority to use the materials received from the Consultant in any way the City deems
necessary.
B. The City shall make copies, for the use of and without cost to the Consultant, of all of its
maps, records, laboratory tests, or other data pertinent to the work to be performed by
the Consultant pursuant to this Agreement, and also make available any other maps,
records, or other materials available to the City from any other public agency or body.
C. The Consultant shall furnish to the City, copies of all maps, records, field notes, and soil
tests which were developed in the course of work for the City and for which
compensation has been received by the Consultant at no additional expense to the City
except as provided elsewhere in 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, Consultant shall be fully responsible for the acts or omissions of any
subcontractors and of all persons employed by them, and neither the approval by City of any
subcontractor not anything contained herein shall be deemed to create any contractual relation
between the subcontractor and City.
6. Consultant is Independent Contractor
A. The City's project director, or designee, shall be responsible for determining whether
Consultant's work product is satisfactory and consistent .with this agreement, but
Consultant is not subject to the direction and control of the City, Consultant 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. Consultant is an independent contractor and not an employee of City. Consultant
acknowledges Consultant's status as an independent contractor and acknowledges that
Consultant 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 Consultant to
3 1 Pa€_ e
provide services under this contract are employees of Consultant and not of City.
Consultant 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 Consultant 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 Consultant under
the terms of the 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.
C. 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 the Consultant, 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, Consultant 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.
E. 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.
F. Consultant 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. Consultant is not an officer, employee, or agent of the City as those terms are used in
ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a
material inducement to enter into this Agreement. Consultant represents to the City that
the work under this contract will be performed in accordance with the professional
standards of skill and care ordinarily exercised by members of the Consultant's
profession under similar conditions and circumstances as well as the requirements of
applicable federal, state and local laws, it being understood that acceptance of an
Consultant's work by the City shall not operate as a waiver or release. Acceptance of
documents by City does not relieve Consultant of any responsibility for design
deficiencies, errors or omissions,
4 1 Pa€3
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify,
defend, save and hold harmless the City of Tigard, its officers, employees, agents, and
representatives from all claims, suits, or actions and all expenses incidental to the
investigation and defense thereof, of whatsoever nature, including intentional acts
resulting from or arising out of the activities of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of this contract 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.. 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.
C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save
and hold harmless the City of Tigard, its officers, employees, agents, and representatives
from all claims, suits, or actions and all expenses incidental to the investigation and
defense thereof, arising out of the professional negligent acts, errors or omissions of
Consultant or its subcontractors, sub-consultants, agents or employees in performance
of professional services under this agreement. Any work by Consultant that results in a
design of a facility that is not readily accessible to and usable by individuals with
disabilities shall be considered a professionally negligent act, error or omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a
claim made against the City in which the City's alleged liability results directly or
indirectly, in whole or in part, from the quality of the professional services provided by
Consultant, regardless of the type of claim made against the City in performance of this
contract. A claim for other than professional responsibility is a claim made against the
City in which the City's alleged liability results from an act or omission by Consultant
unrelated to the quality of professional services provided by Consultant in performance
of this contract.
8. Insurance
Consultant 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 Consultant'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 Consultant and its subcontractors 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 tenn 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:
g
Coverage Limit
General Aggregate $3,000,000
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
S. Professional Liability
Consultant shall obtain, at Consultant's expense, and keep in effect during the tern of this
contract, Professional Liability Insurance covering any damages caused by any actual or
alleged negligent act, error or omission in the rendering of or failurel to render Professional
Services. Combined single limit per claim shall not be less than $2,000,000, or the
equivalent. �xinu€ gr�gt�ltnit—sl� ll �rt�be-lessor tlaan $3;QI�Q;000-and filecl�on-a`�`�las�
mad. " ,oma. C�
C. Commercial Automobile Insurance 1/�
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of
the contract (Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability
coverage on an"occurrence" form including coverage for all owned,hired,and non-owned
vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract, the
Contractor shall obtain, at Contractor'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$2,000,000.
D. Workers' Compensation Insurance
The Consultant, 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, Consultants 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.
E. 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. Coverage will be endorsed to provide a"per projecf'
aggregate.
6 1 i>
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis,
Extended Reporting coverage will be requited at the completion of this contract to a
duration of 24 months or the maximum time period the Consultant's insurer will provide
such if less than 24 months. Consultant will be responsible for furnishing certification of
Extended Reporting coverage as described or continuous "claims-made" liability coverage
for 24 months following contract completion. Continuous "claims-made" coverage will be
acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or
before the effective date of this contract. Coverage will be endorsed to provide a "per
project"aggregate.
G. Insurance Carrier Rating
Coverage 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.
H. 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 niinimurn insurance
requirements for the type of coverage requited. 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.
I. 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 address below prior to
coverage expiration.
J. 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.
K. 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.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability
and cormtnercial automobile policies required by this contract.
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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. 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.
10. 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
subcontractors, 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.
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:
8 11 ;a-g c
1) If Consultant fails to provide services called for by this agreement within the tune
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 days or such other period as City may authorize.
3) If Consultant fails to eluninate 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 Consultant shall not be exclusive and are in addition to any other
rights and remedies provided by law or under this Agreement.
If City terininates 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.
11. 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 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, snail, or electronic transfer. The
following addresses shallbe used to transmit notices,bills,payments,and other information:
�10ft WQF TIrG.M 9F >. . :` PACIFIC HA T AT SERA c ti ..,..
Attn: Sean Farrelly Attn:John van Stavern
Address: 13125 SW Hall Blvd. Address: 9450 SW Commerce Cir, Suite 180
Tigard, Oregon 97223 Wilsonville, Oregon 97070
Phone: (503) 718-2420 Phone: (503) 570-0800
Fax: (503) 718-2748 Fax: (503) 570-0855
Email: sean(�'7t,tigarcl-or. Email: 'vs �pacifichabitat.coni
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
9 1 z.} :� g"
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 an Consultant, which does not represent clients on matters contrary to City interests.
Further, Consultant shall not engage services of an Consultant 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 of an Consultant 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 30 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 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
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
Consultant agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statues, 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. All facilities designed by Consultant 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. 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.
18. Extra (Changes) Work
Only the City's Project Manager 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.
19. 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.
20. Compliance With Applicable Law
Consultant 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.
21. 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.
22. 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.
23. 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 allrecords pertaining to this Agreement to assure the
accurate expenditure of funds.
24. 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.
25. 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
g
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. Consultant,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 Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD PA IF HABITAT E VICES
By: Sean Farrelly,Redevelo nt Proj. Manager By: h rized Contractor Representative
?-&7& I
Date Date
12 � ,:> :
EXHIBIT A
SCOPE OF SERVICES
The Consultant shall render professional services as described below:
Task 1—Conduct Wetland Delineation And Collect Data
Consultant shall conduct a wetland delineation using the required criteria and methodologies of the
Corps of Engineers Vetland Delineation Manual Technical Report Y-87-1 (Environmental Laboratory,
1987) and the Wlestern Mountains, Valleys and Coast Region regional supplement to the 1987 Manual.
These manuals provide the guidelines and methodology for defining the limits of wetlands and
waterways. Consultant shall collect data to document site conditions. Consultant shall flag the
wetland boundaries, so they can be surveyed by professional surveyors. The flags will be numbered
to facilitate the survey.
Task 2—Prepare Memorandum And Supporting Graphic
Consultant shall prepare a memorandum that will describe the existing conditions, the methodology
of our field work and will include data sheets documenting site conditions and a graphic illustrating
the location of the wetland boundary and the adjacent vegetated corridor
13 1:1 a £y.c
EXHIBIT B
CONSULTANT'S PROPOSAL
14
PHS
PACIFIC HABITAT SERVICES, INC
9450 SW Commerce Circle,Suite 180 (800)871-9333 (503)570-0800•Fax(503)570-0855
Wilsonville,OR 97070
February 5, 2015
Sean Farrelly
Redevelopment Project Manager
City of Tigard/City Center Development Agency
13125 SW Hall Blvd
Tigard, OR, 97223
RE: Proposal to conduct a simplified site assessment at the City of Tigard's Public
Works Yard at 12800 SW Ash Avenue in Tigard, OR
PHS Project No. 5624
Dear Sean:
Pacific Habitat Services, Inc. (PHS)proposes to conduct a conduct a simplified site assessment
to satisfy Clean Water Services (CWS) for a lot line adjustment and the redevelopment of the
City of Tigard's Public Works yard at 12800 SW Ash Avenue in Tigard. We assume there will
be no wetland or vegetated corridor impacts associated with the project. As such,we will only
need to conduct wetland delineation field work, collect data at a couple of locations and prepare
a brief memorandum.
To conduct the work we have prepared this proposal with two tasks. A spreadsheet with a
detailed breakdown of costs associated with each of the tasks is also included.
SCOPE OF WORK
Task 1. Conduct Wetland Delineation and collect data
We will conduct a wetland delineation using the required criteria and methodologies of the Corps
of Engineers Wetland Delineation Manual Technical Report Y-87-1 (Environmental Laboratory,
1987) and the Western Mountains, Valleys and Coast Region regional supplement to the 1987
Manual. These manuals provide the guidelines and methodology for defining the limits of
wetlands and waterways. We collect data to document site conditions.
We will flag the wetland boundaries, so they can be surveyed by professional surveyors. The
flags will be numbered to facilitate the survey. Our proposal does not include the costs of
conducting the survey.
General Contractors 0 OR: CCB#94379
Proposal to conduct a simplified site assessment at the City of Tigard's Public Works Yard
at 12800 SW Ash Avenue in Tigard, OR
Pacific Habitat Services
February 6,2015
Page-2-
Task 2. Prepare Memorandum and supporting graphic
We will prepare a memorandum that will describe the existing conditions,the methodology of
our field work and will include data sheets documenting site conditions and a graphic illustrating
the location of the wetland boundary and the adjacent vegetated corridor.
PROJECT TEAM
The PHS project team consists of John van Staveren, Project Manager($120/hr); Wetland
Scientist 2 ($99/hr); Wetland Scientist 1 ($97/hr); Lisa Bosca, Graphics Specialist($75/hr); and
Jane LeBlanc, Technical Editor ($65/hr).
PROPOSED FEE ESTIMATE AND SCHEDULE
The estimated total cost for conducting the work, including labor charges and disbursements, is
an amount not to exceed $2,659. The work will be conducted on a time and materials basis and
you will only be charged for the time actually spent on the project.
We can conduct the field work during the week of February 16t1'
We look forward to working with you on this project.
Sincerely,
John van Staveren
Project Manager
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