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Terracon Consultants Inc ~ C140018 City of Tigard 13125 SW Hall Blvd. •� CONTRACT CHANGE ORDER/ Tigard,Oregon 97223 AMENDMENT SUMMARY FORM Phone- (503) 639-4171 Fax- (503) 68-1--797 www.tig'ard-or.gov Project Title: BROWNFIELDS INVENTORY AND Project Manager: Sean Farrelly ENVIRONMENTAL SERVICES Contractor: Terracon Consultants, Inc Original Contract#: C140018 Effective Dates: May 15,2014 Change Order/Amendment Amount: $5,000 Accounting String: 940-8000-56005 Amendment Percentage Running Total: 22.7% AMENDMENT DETAILS Increase not to exceed budget by$5,000 iw CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ REASONING FOR CHANGE ORDER/AMENDMENT Increased budget for two additional Phase 1 Environmental Site Assessment reports. e- ue I rve : A ; — k43. "`.akfrs1 REQUESTING PROJECT MANAGER APPRO ` NG CI ry STAFF Sean Farrelly _ e/14/ - S- 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 Sae 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 Date of Amendments cannot exceed the project's FY budget. CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT BROWNFIELDS INVENTORY AND ENVIRONMENTAL SERVICES C140018 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Terracon Consultants, Inc., hereinafter referred to as Contractor, entered into on the 29th day of January,2014,is hereby amended as follows: Compensation City agrees to pay Contractor an amount not to exceed Twenty Two Thousand Dollars and No/100 Dollars ($22,000) Twenty Seven Thousand and No/100 dollars ($27,000) for performance of those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. 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 TERRACON CONSULT S INC. Signature Sign. Printed Name Printed Name 3/4 Date Dad CITY OF TIGARD, OREGON CONTRACT SUMMARY FORM FORM MUST ACCOMPANY EACH CONTRACT FOR AUTHORIZATION) Contract Tide: Brownfields Inventory and Environmental Services Number: C140018 Contractor: Terracon Contract Total: $22,000 Contract Overview: Develop an inventory of brownfields with GIS layers; assist with public outreach; and perform three Environmental Site Assessments. Ty_ pe: ❑ Purchase Agreement Start Date: July 25, 2013 End Date: June 30, 2015 M Personal Service ❑ Public Improvement LCRB Award: Department: CD n IGA ❑ Other: Contract Manager: Sean Farrelly Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Terracon 105.6 AMEC 103.5 Maul Foster Alongi 92.3 Stantec 86.8 Account String: Fund-Division-Account Project-Fund-Phase Amount Year 1 940-8000-56005 97020-940-120 $22,000 Year 2 Year 3 Year 4 Year 5 Approvals Department Comments: Department Signature: k"6t- Purchasing Comments: Purchasing Signa • —ft d City Manager Commen City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract#l I q0 l CITY OF TIGARD,OREGON PERSONAL SERVICES AGREEMENT TIGARD BROWNFIELDS INVENTORY AND ENVIRONMENTAL SERVICES THIS AGREEMENT made and entered into this 29th day of July,2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Terracon Consultants Inc.,hereinafter called Contractor. RECITALS WHEREAS, City has need for the services of a company with a particular training, ability, knowledge,and experience possessed by Contractor, and WHEREAS, City has determined that Contractor is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth: THEREFORE, the parties agree as follows: SCOPE OF WORK Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. Contractor agrees to complete work that is detailed in Exhibit A — Scope of Work and by this reference made a part hereof. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon signature by both parties and shall expire, unless otherwise terminated or extended, on June 30, 2015. All work under this Agreement shall be completed prior to the expiration of this Agreement. COMPENSATION City agrees to pay Contractor an amount not to exceed Twenty-two thousand dollars and 00/100 Dollars ($22,000) for performance of those services described in this Agreement. Payment will be made based on Contractor's invoice, subject to the approval of the City, and not more frequently than monthly. Payment shall be payable within thirty (30) days from the date of the Contractor's invoice. CONTACT INFORMATION All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax. Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and contacts shall be used to transmit notices,bills,payments, and other information: CITY OF TIGARD/CCDA TERRACON CONSULTANTS INC. Attn: Sean Farrelly Attn: Lon Yandell Address: 13125 SW Hall Boulevard Address: 4103 SE International Way,Suite 300 Tigard, Oregon 97223 Portland, OR 97222 Phone: (503) 718-2420 Phone: 503-659-3281 Fax: (503) 718-2748 Fax: 503-659-1287 Email: sean @tigard-or.gov Email: lryandell @terracon.com CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an independent contractor as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Contractor is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Contractor under the terms of this 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. Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer, employee,or agent of the City as those terms are used in ORS 30.265. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor warrants that all 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 and City agree to indemnify and defend the other, and the other's officers, agents and employees 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 and (at both trial and appeal level, whether or not a trial or appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of the sole negligence of the party being indemnified. The indemnification by Contractor of the City 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. 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: 1. 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: Personal Services Agreement—Short Form 2 I P a g e Revision Date: 7/11/2013 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 Medical Expense (any one person) $5,000 2. Business Automobile Liability Insurance Contractor shall also obtain, at contractor's expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $2,000,000. Said insurance shall name City as an additional insured. If Contractor hires a carrier to make delivery,Contractor shall ensure that said carrier complies with this paragraph. 3. 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. 4. Insurance Carrier Rating Coverages 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. 5. Certificates of Insurance or Copies of Auto Insurance Coverage As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance or copies of their auto 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. TERMINATION The parties agree that any decision by either party to terminate this Agreement before either before the work is completed or the 30th day of June, 2015 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 services rendered prorated to the date of termination. Personal Services Agreement—Short Form 3' P a g e Revision Date: 7/11/2013 AGREEMENT MODIFICATIONS Modifications to this Agreement are valid only if made in writing and signed by all parties. OWNERSHIP OF WORK PRODUCT City shall be the owner of and shall be entitled to possession of any and all work products of Contractor which result from this Agreement,including any computations,plans, correspondence or pertinent data and information gathered by or computed by Contractor prior to termination of this Agreement by Contractor or upon completion of the work pursuant to this Agreement. GOVERNING LAW Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or disability. The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. All provisions required by ORS Chapters 279A,279B, and 279C to be included in a contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. CONDITIONS OF SUPPLYING A PUBLIC AGENCY Where applicable,Contractor must make payment promptly as due to persons supplying Contractor labor or materials for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from Contractor to the Industrial Accident Fund incurred in the performance of this order. Contractor shall not permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on account of any labor or material to be furnished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. COMPLETE AGREEMENT This Agreement and attached exhibit constitutes the entire Agreement between the 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 they have 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 TIG /CCDA TERRACON CONSULTANTS INC. By: A thorized City staff ByA orized Agent of Contractor (i 3.13 k//2/20 Date Date Personal Services Agreement—Short Form 4' P a g e Revision Date: 7/11/2013 Exhibit A Scope of Work BROWNFIELDS INVENTORY AND ENVIRONMENTAL SERVICES 1.Scope of Services and Deliverables Task 1 Brownfield Inventory(completion:August 15,2013) The Contractor will work with the City of Tigard, and its GIS technicians, to develop a comprehensive site inventory in a shared database.The area of study for the site inventory shall be the Downtown urban renewal district. However, the inventory will be easily expandable to other areas. Inventory development by the Contractor will include the following phases: • Incorporation of site data currently held by the city and other public agencies from the region into the database; • Brownfield site identification and entry of site data; • Database report code development. 1.1 Incorporation of Existing Data Existing city information and relevant information currently held by other public agencies,including Metro,will be reviewed and decisions jointly made about whether all or only a portion of the data will be incorporated into the database.ArcGIS based systems will be utilized to store information collected during the records and field research. The Data Gap Analysis database completed by Metro for the Regional Brownfields Scoping Project will be reviewed and the data gathered will be incorporated into the inventory. 1.2 Site Identification and Data Entry Conduct research,public outreach, and field reconnaissance to identify potential brownfield properties for inclusion in the inventory. Up to 191 taxlots in the urban renewal district will be researched. The historical records review will identify site uses,including businesses and/or activities that may result in the determination of a given property having suspect contamination. Record sources and field research will include: • Review of an EDR Radius Map Report, Sanborn Maps,historical and current aerial photographs, and select city directories. • Field reconnaissance (i.e.,windshield surveys) of focal taxlots to assess the current condition and use visual observation to identify other potential indicators of suspect contamination (i.e. monitoring wells,underground storage tank fill ports,dry wells, etc.). • Information obtained from public outreach on potential sites. For each property identified as a potential brownfield, all data gathered will be entered into the ArcGIS-based inventory/database. 1.3. Development of Site Ranking Criteria The Contractor,working with the city will develop a site ranking system.The ranking criteria will be selected based on city planning and priorities. First,the criteria utilized in the ranking and the proportionate value placed upon each ranking criteria will be determined. Then,an algorithm will Personal Services Agreement—Short Form 5 I P a g e Revision Date: 7/11/2013 be applied to complete the site ranking, extracting the site data housed in the ArcGIS-based inventory/database and applying ranking criteria. The deliverable for this task will be a spreadsheet report sorted with the highest ranked site listed first; summarizing the point totals for up to eight data categories. 1.4. Database Report Development and Map Creation With input from the city,the Contractor shall develop database report(s) and write the code necessary to generate the database report(s) utilizing the data housed in the inventory/database. The reports can summarize site information collected during the inventory process,along with ranking scores and site location inset maps. The inventory/database,with the imported geospatial data,will be able to provide data for the creation of inventory maps showing site locations. These maps can be used to provide a visual tool of the project area showing site locations, ranking scores,or other parameters and should prove useful in selecting properties for participation in the program. Task 2 Public Engagement (completion: September 30,2013) 2.1 Participate in Public Outreach Activities The city will engage a public outreach consultant to organize two public workshops on brownfield issues. The contractor may be asked to participate in a panel for one or both of these workshops (but will not directly organize them.) Task 3 Environmental Site Assessments (completion:TBD) 3.1 Environmental Site Assessments Perform up to three Phase I ESA's on high ranking properties. It is anticipated that property owners will have a renewed interest in participating in the project as the result of the public engagement. 2. Fee Schedule Task 1 Brownfield Inventory 1.1 Incorporation of Existing Data $1,990 1.2 Site Identification and Data Entry $5,870 1.3.Development of Site Ranking Criteria $1,400 1.4.Database Report Development and Map Creation $3,410 Task 2 Public Engagement 2.1 Participate in Public Outreach Activities $790 Task 3 Environmental Site Assessments 3.1 Environmental Site Assessments $6,030 Contingency $2,510 Total $22,000 Personal Services Agreement—Short Form 6 I P a g e Revision Date: 7/11/2013 For this contract,hourly rates are as follows: Staff Hourly Rate Senior Principal Dave Koch $160 Principal Project Manager Lon Yandell, $150 Proj.Manager Charlotte Berghoffer $105 Staff Env.Engineer Jonathan Horowitz $85 Env. Field Staff Lauren Thorp $75 CAD Tech $75 Clerical $55 Personal Services Agreement—Short Form 7 I P a g e Revision Date: 7/11/2013