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Morgan Holen & Associates, LLC ~ C140044 City of Tigard CONTRACT CHANGE ORDER/ Tigard S Hall Blvd. Tard,Oregon 97223 AMENDMENT #1 SUMMARY FORM Phone- (503) 639-4171 Fax - (503) 684-7297 cn- Project Title: Fanno Creek Slope Stabilization Project Manager: Greg Berry Contractor: Morgan Holen&Associates LLC Or' al Contract#: C140044 Effective Dates: 12/5/13 Chan e Order/Amendment Amount: $1,200 Accounting String:500-8000-5 6005, 93009-500-130 1 Amendment Percentage Running Total: 86% AMENDMENT DETAILS Services during construction CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ Original Contract $1,400 Amendment#1 $1,200 TOTAL $2,600 REASONING FOR CHANGE ORDER/AMENDMENT The original contract provided serves required for the design of the project. The proposed amendment will provide services during construction. RisQuFSTING PROJECT MANAGER P Cl �AFF SignatureSi atu_re _ -- --- — -- - - 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 the work. The unit pricing in the original contract shall apply to Signature all additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember—the cumulative total of Amendments cannot exceed the project's FY budget. Date CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT FANNO CREEK SLOPE STABILIZATION—ARTHUR COURT PROFESSIONAL ARBORIST SERVICES AMENDMENT#1 (CONTRACT#C140044) The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Morgan Holen&Associates,LLC,hereinafter referred to as Consultant, entered into on the 5th day of December,2013,is hereby amended as follows: 3. COMPENSATION The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Consultant by the City shall not exceed Two Thousand Six Hundred and No/100 Dollars ($2.600.00)Gtte Thousand Foiffim €na -ftz1 " /400 if all tasks are completed. Any and all payments made to the Consultant shall be based upon the following applicable terms: EXHIBIT A SERVICES TO BE PROVIDED Additional Tasks Covered by Amendment 1—Total cost shall not exceed $1,200.00. TASK DESCRIPTION 1 Pre-Construction Site Visits. One on-site meeting with the pruning contractor and neighboring property owner to discuss recommendations for pruning at trees 101 and 102 prior to construction. One additional site visit to inspect and verify the installation of tree protection measures prior to construction. Assumptions: Prior to construction,the City will coordinate the on-site meeting between the neighbor,pruning contractor,and project arborist, and contact the project arborist for inspection once protection measures are installed. 2 Construction Monitoring. One site visit during construction to monitor tree protection measures and ensure compliance with the arborist recommendations provided in the pre- construction arborist report. Includes an e-mail to the City documenting the inspection. 3 Final Inspection. One site visit once construction is complete to evaluate the condition of the trees following construction. Includes an e-mail to the City documenting the final inspection and providing arborist recommendations for tree care if needed. IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this Amendment upon signature and date listed below. CITY OF TiG MORGAN HOLEN&ASSOCIATES,LLC Signature Signa A116*1419LA-. MpriuK E lei, Printed Name Printed SLme Date Date CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM THIS FORMMUSTACCOMPANYEVER Y CONTRACT Contract Title: Fanno Creek Bank Stabilization-Arthur Court 93009 Number:O,l gObl-/q Contractor: Morgan Holen&Associates,LLC Contract Total: $1,400 Contract Overview: Consultant,in the efforts to minimize risk of damage and injury to personnel and property, will provide professional services with regards to the tree condition evaluation, site monitoring, tree protection documentation and reporting as specified in the contract. Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate X Low Risk Reduction Steps: Lowering the automobile habilij5:to incidental use. (Reduced to $1 inillnon instead of $2 million). Risk Comments: Risk Signature: Contract Manager: Greg Berry, P.E. Ext: 2468 Department: Engineering__ T'Tpe ❑ Purchase Agreement X PersonalService ❑ General Service ❑ Public Improvement ❑ IGA ❑ Other: Start Date: 12/05/2013 End Date: 12/31/2014 Quotes/Bids/Proposal: FIRM AMOUNT/ CORE Morgan Holen&Associates $1,400 (�Zileage and Miscellaneous Expenses are included) Account Strung: Fund-Division-Account Work Order—Activit3:T�pe Amount 500-8000-56005 93009-130 $1,400 Approvals - LCRB Date: Department Comments: Direct appoint. Contract under$20.000. Department Signature: Purchasing Comments: �--- Purchasing Signature* City Manager Comments City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Oce along with a completed Contract Checklist. Contract Number qa0 y CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT FANNO CREEK SLOPE STABILIZATION-ARTHUR COURT PROFESSIONAL ARBORIST SERVICES THIS AGREEMENT made and entered into this 5th day of December,2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Morgan Holen & Associates,LLC,hereinafter called the Consultant. RECITALS WHEREAS, the City's 2013-2014 fiscal year budget provides for services related to the Design and Construction Phases of the Fanno Creek Slope Stabilization—Arthur Court;and WHEREAS, City has need for the services of a company with a particular training, ability,knowledge, and experience possessed by Consultant,and WHEREAS, City has determined that Consultant is qualified and capable of performing the professional services as City does hereinafter require,under those terms and conditions set forth, THEREFORE, the Parties agree as follows: 1. SERVICES TO BE PROVIDED Consultant shall initiate services immediately upon receipt of City's notice to proceed together with an executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City will be contained in subsequent scope of work as needed 2. EFFECTIVE DATE AND DURATION This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on December 31, 2014. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit A for performance of those services described herein and in any subsequent agreements that arise from the work under this Agreement. The total amount paid to the Consultant by the City shall not exceed One Thousand Four Hundred and Zero/100 Dollars ($1,400.00) if all tasks are completed. Any and all payments made to the Consultant shall be based upon the following applicable terms: A. Payment by City to Consultant for performance of services under this Agreement includes all expenses incurred by Consultant, with the exception of expenses, if any identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Consultant's invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. Consultant shall be fully responsible for the acts or omissions of any subconsultants or subconsultants and of all persons employed by them, and neither the approval by City of any subconsultant or subconsultant nor anything contained herein shall be deemed to create any contractual relation between the subconsultant and City. 6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT Consultant certifies that: A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall be deemed to be an independent Consultant as defined by ORS 670.600 and not an employee of City, shall not be entitled to benefits of any kind to which an employee of City is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that Consultant is found by a court of law or any administrative agency to be an employee of City for any purpose, City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Consultant under the terms of this Agreement, to the full extent of any benefits or other remuneration Consultant receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Consultant or to a third party) as a result of said finding. B. The undersigned Consultant hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Consultant, either directly or indirectly,in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Consultant certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. Consultant and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. C. Consultant certifies that it currently has a City business license or will obtain one prior to delivering services under this Agreement. D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. I'J(: :A1oq,'An I foh n& Ar.>ociatc.x,1.1 Fanno Creek Slopc Stabilization—-Arthur COUrt i")APk)9` 3 1 1'a e non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$1,000,000. If Consultant uses a personally-owned vehicle for business use under this contract, the Consultant shall obtain, at Consultant's expense, and keep in effect during the term of the contract,business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$1,000,000. C. Workers' Compensation Insurance The Consultant or, its subconsultants, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Consultants who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers, employees, agents and representatives as additional insureds with respect to this contract. E. Insurance Carrier Rating Coverages provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. F. Self-Insurance The City understands that some Consultants may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Consultant is self-insured for commercial general liability or automobile liability insurance the Consultant must provide evidence of such self-insurance. The Consultant must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Consultant shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. i,Ci: \lr,rr;an I L. ??•t.1»uri,;tc.?,l.l,f;:l mini(:rci k Jlupr 5r bilir.rric,r?—:\r h:?r(:(,IIrr 5 1 1' a i r made in the names and addresses of the person to who notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES The City requires that services provided pursuant to this agreement shall be provided to the City by a Consultant that does not represent clients on matters contrary to City interests. Further, Consultant shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm,represents clients on matters contrary to City interests. Should the Consultant represent clients on matters contrary to City interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Consultant shall consult with the appropriate City representative regarding the conflict. After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement. 12. TERMINATION WITHOUT CAUSE At any time and without cause, City shall have the right in its sole discretion, to terminate this Agreement by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it shall pay Consultant for services rendered to the date of termination. 13. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Consultant, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Consultant,its subconsultants, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked, or not renewed. 4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Consultant,if a receiver or trustee is appointed for Consultant, or if there is an assignment for the benefit of creditors of Consultant. !'��.Alos',an Ifoicu&..lisoci.ttcS,1.1.x.:1�.ulno(.rrrk Slope Stahili/.Itioil—_Arthur(;aurT .93(it 7 1 1) relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS Consultant shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA(CHANGES) WORK Only the City's Project Manager for this Agreement may authorize extra (and/or change) work. Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such work. 20. WARRANTIES All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance of the work by the owner. Consultant warrants that all practices and procedures,workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve Consultant from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this Contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,including attorney's fees and court costs on appeal. 22. GOVERNING LAW The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Consultant shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subconsultants and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of which are hereby made a part of this agreement. 24. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control PSC\Ir;r;r.in I inh n& \a;<,rrarc ,I C:Daunt,Crcvh Slopr Stabiiiratirm-- \I-Thur Court A)3k)09` 9 1 p a g, e writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Consultant, by the signature of its authorized representative, hereby acknowledges that he has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first written. CITY OF TIGARD MORGAN HOLEN&ASSOCIATES,LLC By:Mike Stone,R ., City Engineer By: uth ri Agent of ons ant l2.1 1r1►I--j 12. ( . ( 3 Date Date iN' \Ir)r,-:dn I J,'Icu&-- \zz:(wi.rti.�,IJ l;: i .1:;no Cr('A"I(I)C S%Ibiji/AtlUn—.\nhnr COUn 1930II 11 I I'a e y 971.409.9354 Morgan Nolen 3 Monroe Parkway,Suite P 220 Lake Oswego,Oregon 97035 --&—Af,f OCIATU1L1 Consulting Arborists and Urban Forest Management morgan.holen@comcast.net SCOPE OF WORK AND AGREEMENT Project No. MHA1356 November 22, 2013 Project Information: Client: Fanno Creek Slope Stabilization—Arthur Ct. City of Tigard, Engineering Department Consulting Arborist Services Attn: Karleen M. Aichele, Engineering Technician City of Tigard Project No. 93009 13125 SW Hall Blvd. Tigard, Oregon Tigard, Oregon 97223 Tasks Description Tree Evaluation. One site meeting with the project design consultant and City staff to 1 evaluate existing trees in terms of the proposed work. Develop recommendations for tree protection.Approximately one tree of issue. Arborist Report. Written memorandum documenting the existing condition of tree(s) 2 of issue, and providing recommendations to reduce risk of injury at the site and damage to the tree(s) and specifications for tree protection during construction. Construction Monitoring. One site visit during construction to monitor tree protection 3 measures and ensure compliance with the arborist recommendations provided in Task 2. Includes an e-mail to the City documenting the inspection. Final Inspection. One site visit once construction is complete to evaluate the condition 4 of the tree(s)following construction. Includes an e-mail to the City documenting the final inspection and providing arborist recommendations for tree care if needed. Fee Schedule Consultant Rate: $150/hour Mileage: at the current IRS mileage rate Miscellaneous expenses at cost This scope of work will be completed on a time and materials basis for an estimated amount not to exceed $1,400-. Billing rates will be based on the fee schedule.Additional work outside of this scope will be performed on a time and materials basis at the rates shown in the fee schedule and with prior written consent from the Client. Work will be completed in a timely manner.Terms of payment are due and payable on the date of the invoice, net 30 days. This agreement is entered into by signature of the Client and Consultant. Accepted by: 11/22/13 Client Date Mo n Holen, Ow r Date Consultant