Ash Creek Forest Management ~ C130047 City of Tigard
■� s Blvd.
CHANGE ORDER T13125,Oregon 72
3
AMENDMENT SUMM.ARY FORM Phone- (503) 639-4171
Fax- (503)684-7297
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Project Title: On-Call Re-vegetation Services Project Manager: Staedter
Contractor: Ash Creek Forest Management Original Contract#: C130047
Effective Dates: October 30,2012 Chane Order/Amendment Amount: $5,242.50
Accounting String: 510-6260-54001 Amendment Percentage Running Total: 14.48%
AMENDMENT DETAILS
This amendment adds the Ash Creek Restoration site, a 4.45 acres site to the on-call re-vegetation
contract.with Ash Creek Forest Management for FY 2012-13.
It add the following services at tax lots 1S125DC09700, 1S125DC 09500,1S125DC09600;the Ash Creek
Restoration Site:
Site prep—spot or area spray $1,412.50
Site prep—hourly labor charges $1,160.00
Site prep—cut and mulch blackberry/brush $2,670.00
Total: $5,242.50
Changing the total contract amount to: $41,440.66
CHANGE ORDER DETAILS UNIT QTY UNIT$ ToTAL$
REASONING FOR CHANGE ORDER/AMENDMENT
This site needed to be added to the re-vegetation contract to accommodate site preparation for a Tree
Fund planting that we agreed to complete for a developer.
REQUESTING PROJECT MANAGER APPROVING CI STAFF
Staedter—
Signature — -- - afore -
� Ufa - ----
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. r1 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 25%of the oriincl contract. Date
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
ON-CALL VEGETATION SERVICE C130047
AMENDMENT #1
The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter
called City, and Ash Creek Forest Management hereinafter referred to as Contractor, entered into on the 30`h
day of October, 2012 is hereby amended as fellows:
.Add the following services at tax lots 1 S 125DC09700, 1 S 125DC 09500, 1 S125DC09600 which total 4.45acres
in size:
Site prep—spot or area spray $1,412.50
Site prep—hourly labor charges $1,160.00
Site prep--cut and mulch blackberry/brush $2,670,00
Total. $5,242.50
This work will be completed prior to the expiration of the contract on rune 30,2013.
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 ASH C EK FOR*T MANAGMENT
Signature Si .ature
Printed Name Printed Name
71.2--Z2-0
Date Dat
CITY OF TIGARD, OREGON
CONTRACT SUMMARY FORM
(FORMMUST ACCOMPANYEACH CONTRACTFOR AUTHORIZATION)
Contract Title: On Call Vegetation Services Number:cls cx> L
Contractor: .,-ksb Creek Forest Management Contract Total: $36,198.16
Contract Overview: This contract provides on call re-vegetation services including site preparation
planting, and maintenance activities for the Cijy of Tigard's Healthy= Streams and
other sites requiring natural area restoration.
Type: [] Purchase Agreement Start Date: November 17 2012 End Date: Tune 30, 2013
X Personal Service
❑ Public Improvement LCRB Award: Department: PW /Enginnering
❑ IGA
❑ Other: Contract Manager: Carla Staedter
Account String: Fund-Division-Account Project- Fund-Phase Amount
Fund 1 510-6260-54001 $195071.00
Fund 2 500-8000-56005 94020-500-140 $12,307 16
Fund 3 4204000-56005 92016-421- 110 $4 820.00
Fund 4
Fund 5
Approvals
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signa
CitV Manager Co ents:
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contract # G C OC1
CITY OF TIGARD , OREGON
AGREEMENT FOR SERVICES RELATED TO
ON- CALL RE-VEGETATION SERVICE
THIS AGREEMENT made and entered into this 30"' day of October, 2012 by and between the City
of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Ash Creek
Forest Mangement, LLC, hereinafter called "Contractor", collectively known as the "Parties."
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to Clean Water Services to provide as
needed services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the
purposes for which City requires the services; and
WHEREAS, the city is eligible, through permissive cooperative procurement as allowed under ORS
279A.215 , to directly contract with the Contractor, and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the
services described in Contract's bid or proposal;
THEREFORE, The Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to on-call re-vegetation services related to water
quality projects as detailed in Exhibit A — Scope of Services and by this reference made a part
hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an
executed copy of this Agreement. This Agreement shall become effective upon the date of
execution and shall expire, unless otherwise terminated, on June 30, 2013. All services shall be
completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor an amount not to exceed Thirty Six Thousand One Hundred
Ninety Eight and 16 / 100 Dollars ($36,198. 16) for the performance of the work assigned and
detailed in Exhibit A. Any and all payments made to the Contractor shall be based upon the
following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made
only for work actually completed as of the date of invoice.
B. 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. Payment shall not be considered acceptance or approval of any work or
waiver of any defects therein.
co Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. 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.
E. Contractor shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316 . 167.
F. 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 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 .
G. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work 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.
H. Contractor shall promptly, as due, make payment to any person, co-partnership,
association or corporation, furnishing medical, surgical, 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.
I. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Appropriations for future
fiscal years shall be subject to budget approval by the City Council.
5 . ASSIGNMENT /DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the
written consent of the other and any attempted assignment or transfer without the written
consent of the other party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices, bills, payments, and other information:
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CM OF Ttc . - e�A-�ii CREEK FOxEsT NLk kGEAiENT
Attn: Carla Staedter, Environ. Program Coord. Attn: George Kral
Address: 13125 SW Hall Blvd. Address: P. O . Box 231208
Tigard, Oregon 97223 Tigard, OR 97281
Phone: (503) 718-2788 Phone: (503) 624-0357
Fax: (503) 624-0752 Fax: (503) 620- 1701
Email Address: carlaQdgard-or.gov Email Address: gkral a ashcreekforestrcom
7. TERMINATION
The parties agree that any decision by either party to terminate this Agreement before June
30,2013-shall be accompanied by thirty (30) days written notice to the other party prior to
the date termination would take effect. There shall be no penalty for early termination. If
City terminates the contract pursuant to this paragraph, it shall pay Contractor for any services
rendered prior to the date of termination.
8. 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.
9. FORCE MATEURE
Neither City nor Contractor shall be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or negligence
on the part of the parties so disenabled, including but not restricted to, natural disaster, war,
civil unrest, volcano, earthquake, fire, flood, 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 (10) days from the beginning of
such delay, notify the other party in writing of the cause of delay and its probable extent. Such
notification shall not be the basis for a claim for additional compensation. Each party shall,
however, make all reasonable efforts to remove or eliminate such a cause of delay or default and
shall, upon cessation of the cause, diligently pursue performance of its obligation under the
Agreement.
10. 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 659.425, and all regulations and administrative rules
established pursuant to those laws.
11. INDEMNITYMOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents
and representatives from and against all liability, claims, demands, judgments, penalties, and
causes of action of any kind or character, or other costs or expenses incidental to the
investigation and defense thereof, of whatever nature, resulting from or arising out of the
activities of the Contractor or its subcontractors, agents, or employees under this contract,
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except, however, that the foregoing shall not apply to liability that arises out of City's sole
negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the
term of this contract. Such insurance shall cover all risks arising directly or indirectly out of
Contractor's activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
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 (1996 ISO 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 40000
Products-Completed Operations Aggregate 1 ,0003000
Personal & Advertising Injury 1 ,00OW
Each Occurrence 25000,000
Fire Damage (any one fire) 505000
Medical Expense (any one person) 53000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide City a certificate indicating that Contractor has business
automobile liability coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than $ 1 ,000,000. Said insurance
shall name City as an additional insured and shall require written notice to City thirty
(30) days in advance of cancellation. If Contractor hires a carrier to make delivery,
Contractor shall ensure that said carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this
Contract that are either 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 or employers that are exempt under ORS 656. 126. 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 $ 500,000 each accident.
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D. Insurance Carrier RatinLy
All coverage provided by the Contractor must be underwritten by an insurance
company deemed acceptable by the City. The City reserves the right to reject all or
any insurance carrier(s) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The 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.
13 . ATTORNEY' S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree
that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and
court costs, including witness fees (expert and non-expert), attorney's fees and court costs on
appeal.
14. COMPLIANCE WITH STATE AND FEDERAL LAWS /RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical
care, workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapter 279B , the provisions
of which are hereby made a part of this agreement.
15. 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 terms of proposal
conflicting herewith.
16. 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.
17. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that
Contractor or subcontractors incur during the performance of this Agreement.
18. 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
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inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibit, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of
this Agreement shall be effective unless and until it is made in writing and signed by both
parties. No waiver, consent, modification, or change of terms of this Agreement shall bind
either party unless in writing and signed by both parties. Such waiver, consent, modification, or
change if made, shall be effective only in specific instances and for the specific purpose given.
There are no understandings, agreements, or representations, oral or written, not specified
herein regarding this Agreement. Contractor, by the signature of its authorized representative,
hereby acknowledges that Contractor has read this Agreement, understands it and agrees to be
bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Approved by Tigard's Local Contract Review Board:
CITY OF TIGARD ASH REEK FOREST MANAGEMENT
00
/.
By. Authorized City Representative By: Authorized Contractor Representative
Date Date
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EXHIBIT A
SCOPE OF SERVICES
Contractor shall provide natural area revegetation services including:
y Site preparation, planting and maintenance,
Herbicide application, and
Watering services .
All work will take place in "natural" areas near streams or wetlands, usually within the floodplain.
Contractor's prices shall remain fixed for the duration of the contract. Project areas will be
measured and the minimum project area size used for payment purposes will be one acre. All
project acreage will be listed on a detailed scope of work provided to the contractor at the time of a
specific project.
The City may have some projects under this contract that are considered part of a public
improvement project and therefore may require prevailing wages to be paid. The City will identify
such projects, and for those projects, contractor and every subcontractor shall pay prevailing wages.
The Site Codes referred to in the following sections are described as follows:
Site Code Conditions Summary Description
la < 5 acres, ideal Small site, low invasive cover, good soil, flat
1b <_ 5 acres, average Small site, moderate invasive cover, fair soil, mixed terrain
1c <_ 5 acres, poor Small site, high invasive cover, poor soil, sloped
2a > 5 acres, ideal Large site, low invasive cover, good soil, flat
2b > 5 acres, average Large site, moderate invasive cover, fair soil, mixed terrain
2c > 5 acres, poor Large site, high invasive cover, poor soil, sloped
Site Preparation, Planting and Maintenance
Manual and mechanical preparation of planting areas, application of erosion control straw and seed,
installation of bareroot and containerized plants, acquisition and installation of pole cuttings, plant
mulching, installation of plant protectors, and manual and mechanical site maintenance. City shall
provide plant lists and planting plans and dispense all plants and plant protection materials.
71PaC: