Tigard Library Expansion - Fishman Environmental Services CITY OF TIGARD, OREGON
CONTRACT FOR CONSULTANT SERVICES
CONTRACT TITLE: Tigard Library Expansion Prosect. This Contract, made and
entered into this 17th day of December 1999, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called
"City" and Fishman Environmental Services, hereinafter called "Contractor" ,
duly authorized to perform such services in Oregon.
W I T N E S S E T H:
WHEREAS, Consultant is able and prepared to provide such services as City
does hereinafter require, under those terms and conditions set forth; now,
therefore,
IN CONSIDERATION of those mutual promises and the terms and conditions set
forth hereafter, the parties agree as follows :
1. Project Description.
Consultant services under this Agreement shall consist of the
following:
A. The consultant shall provide a Wetland Boundary Delineation,
Buffer Evaluation, and Enhancement Plan as described in Attachment
"A"
B. Additional . work, beyond the attached work scope will be billed on
a time and materials basis . The billing rate for such work will
be based on the per hour rate schedule included in Attachment "A" .
All additional work shall be authorized in writing by the city
prior to its performance .
C. If not already registered, the consultant shall submit a completed
city business tax application and a federal W-9 "Request
for Taxpayer Identification Number and Certification. "
2 . Compensation
A. The City agrees to pay Contractor an amount not to exceed $ 2 , 600
for performance of services . This amount includes any direct
project expenses incurred by Fishman Environmental Servcies. on
behalf of the City. Payment shall be based upon the following
applicable terms :
1 . Schedule of payments : Payments shall be made upon receipt of
billings based upon number of billable hours performed.
Billings shall be submitted by the contractor periodically,
but not more frequently than monthly.
CONTRACT FOR PERSONAL SERVICES - PAGE 1
2 . The final amount will be paid within 30 days of City
acceptance of the final report .
B. Payment by the City shall release the City from any further
obligation for payment to Contractor for service or services
performed or expenses incurred as of the date of the statement of
services . Payment shall not be considered acceptance or approval
of any work or waiver of any defects therein.
C. City certifies that sufficient funds are available and authorized
for expenditure to finance costs of this contract .
3 . Contractor Identification
Contractor shall furnish to the City the Contractor' s employer
identification number, as designated by the Internal Revenue Service,
or Contractor' s Social Security number, as City deems applicable.
4 . City' s Representative
For purposes hereof, the City' s authorized representative will be
Duane Roberts, 13125 SW Hall Blvd. , Tigard, Oregon 97223 : (503)
639-4171 .
5 . Contractor' s Representative
For purposes hereof, the Contractor' s authorized representative will be
C. Mirth Walker, Fishman Environmental Services, 434 NW Sixth Ave. ,
Suite 304, Portland, OR 97209-3600; 503-224-03333 .
6 . City' s Obligations.
In order to facilitate the work of the Contractor as above outlined,
the City shall furnish to the Contractor the information and assistance
as outlined under "city responsibilities" in the attached work scope.
7 . Contractor Is Independent Contractor
A. Contractor' s services shall be provided under the general
supervision of City' s project manager, but Contractor shall be an
independent contractor for all purposes and shall be entitled to
no compensation other than the compensation provided for under
paragraph 2 of this Agreement .
B. Contractor shall comply with the provisions of ORS Chapter 656
relating to worker' s compensation.
C. Contractor acknowledges that for all purposes related to this
agreement, Contractor is and shall be deemed to be an independent
contractor and not an employee of City, shall not be entitled to
CONTRACT FOR PERSONAL SERVICES - PAGE 2
benefits of any kind to which an employee of the City is entitled
and shall be solely responsible for all payments and taxes
required by law; and furthermore in the event that Contractor is
found by a court of law or an administrative agency to be an
employee of the City for any purpose, City shall be entitled to
offset compensation due to demand repayment of any amounts paid to
Contractor under the terms of the agreement, to the full extent of
any benefits or other remuneration Contractor receives (from City
or third party) as 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.
D. The undersigned Contractor hereby represents that no employee of
the City of Tigard, or any partnership or corporation in which a
City employee has an interest, has or will receive any
remuneration of any description from the Contractor, either
directly or indirectly, in connection with the letting or
performance of this contract, except as specifically declared in
writing.
8 . Early Termination
A. This Agreement may be terminated without cause prior to the
expiration of the agreed upon term by mutual written consent of
the parties and for the following reasons authorized by ORS
279 . 326 .
1 . If work under the Contract is suspended by an order of a
public agency for any reason considered to be in the public
interest other than by a labor dispute or by reason of any
third party judicial proceeding relating to the work other
than a suite or action filed in regard to a labor dispute; or
2 . If the circumstances or conditions are such that it is
impracticable within a reasonable time to proceed with a
substantial portion of the Contract .
B. Payment of Contractor shall be as provided by ORS 279 . 330 and
shall be prorated to and include the day of termination and shall
be in full satisfaction of all claims by Contractor against City
under this Agreement .
C. Termination under any provision of this paragraph shall not affect
any right, obligation, or liability of Contractor or City which
accrued prior to such termination.
9 . Cancellation for Cause
City may cancel all or any part of this Contract if Contractor breaches
any of the terms hereof or in the event of any of the following:
Insolvency of Contractor; voluntary or involuntary petition in
bankruptcy by or against Contractor; appointment of a receiver or
CONTRACT FOR PERSONAL SERVICES - PAGE 3
• •
trustee for Contractor, or an assignment for benefit of creditors of
Contractor. Damages for breach shall be those allowed by Oregon law,
reasonable and necessary attorney' s fees, and other costs of litigation
at trial and upon appeal .
10 . 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 .
11 . Force Majeure
Neither City nor Contractor shall be considered in default because of
any delays in completion of responsibilities hereunder due to causes
beyond the control and without fault or negligence on the part of the
party so disenabled, including, but not restricted to, an act of God or
of a public enemy, volcano, earthquake, fire, flood, epidemic,
quarantine, restriction, area-wide strike, freight embargo, unusually
severe weather or delay of subcontractor or suppliers due to such
cause; provided that the party so disenabled shall within ten (10) days
from the beginning of such delay notify the other party in writing of
the causes of delay and its probably extent . Such notification shall
not be the basis for a claim for additional compensation.
12 . Nonwaiver
The failure of the City to insist upon or enforce strict performance by
Contractor of any of the terms of this contract or to exercise any
rights hereunder shall not be construed as a waiver or relinquishment
to any extent of its right to assert or rely upon such terms or rights
on any future occasion.
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' s fees and court costs
including attorney' s fees and court costs on appeal to appellate
courts.
14 . Applicable Law
This contract will be governed by the laws of the State of Oregon.
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 and
the proposal of the contractor, this instrument shall control and
nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
CONTRACT FOR PERSONAL SERVICES - PAGE 4
• i
16 . Indemnification
Contractor agrees to indemnify and to hold harmless the City, its
Officers, Employees and Agents against and from any and all loss,
claims, actions, suits, including costs and attorney' s fees, for or on
account of injury, bodily or otherwise, to, or death of persons, damage
to or destruction of property belonging to City, Contractor or others,
resulting from arising out of, or in any way connected with
Contractor' s sole negligence.
17. Complete Agreement
This contract and any referenced attachments constitute the complete
agreement between the City and Contractor and supersedes all prior
written or oral discussions or agreements .
IN WITNESS WHEREOF, the City has caused this agreement to be executed by its
duly authorized undersigned officers, and the contractor has executed this
agreement on the date herein above first written.
CITY OF TIGARD
l Z - 1 -7 -9 9 BY:
Date
Melinda Sission
Library Director
City of Tigard
CONTRACTOR
I� Z ✓ BY: C/"V1r1y�/
Date
C. Mirth Walker, PWS
Wetlands Program Manager
Fishman Environmental Services
BR/Perscont.mst
CONTRACT FOR PERSONAL SERVICES - PAGE 5
1L/14/9U 11:4b NAA OUJZZ41601 Y'1M PAA WJUL
• EXHIBIT A Fishfan Environmental Services
434 NW Sixth Avenue • Suite 304
Portland, OR 97209-3600
PROPOSAL FOR WETLAND AND NATURAL RESOURCE SEFVIg:� 503-224-0333
December 14, 1999 Vj
Duane Roberts,Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
PROJECT: Wetland Boundary Delineation, Buffer Evaluation,and Enhancement Plan
City of Tigard Library Expansion Project
FES Proposal P 10991
PROJECT UNDERSTANDING:
The library is proposing a building expansion that may encroach into the required 50 foot buffer from
wetlands associated with Fanno Creek(behind the building).The wetland boundary needs to be field
staked. This work builds upon the Local Wetlands Inventory completed for the City of Tigard by
Fishman Environmental Services(FES)and approved by the Division of State Lands in 1997.We can
assist with the City's application if desired,but understand that the City is the lead for that task. All
work will be performed in accordance with USA's Design and Construction Standards, updated
12/99, as well as USA's Technical Guidance for Natural Resource Assessment and Technical
Guidance for Landscape Requirements.
DESCRIPTION OF TASKS:
1) Flag the wetland boundary in the field adjacent to the Library building. The boundary will be
staked with 3-or 4-foot lath stakes tied with "wetland boundary" flagging. Field conditions
will be noted on wetland determination data sheets for our records.The existing setback will
be measured in the field and later surveyed(by others)if necessary.Background information
will be reviewed(soils, LWI,NWI, flood plain, aerial photograph)_
2) Determine the existing condition of the vegetation in the buffer,utilizing the USA standards for
vegetated corridor design requirements(see Design and Construction Standards for Sanitary
Sewer and Surface Water Management, December 1999). Prepare a brief write-up of our
findings.
3) After the site planning and project design process is completed, an enhancement plan will be
prepared.The enhancement plan will detail the removal of Himalayan blackberry and specify
the planting of native species to provide increased buffering function.
COST ESTIMATE:
Task 1) Wetland Boundary Staking and Review $ 600
Task 2) Buffer Evaluation and aerial photograph $ 800
Task 3) Enhancement Plan $1,200
Total Not-to-Exceed Cost Estimate $2,600
FAX: (503)224-1851
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12/14/99 17:46 FAX 5032241851 F1 SH NAA WJU3
PROPOSAL FOR WETLAND AND NATURAL RESOURCE SERVICES,page 2
December 14, 1999
City of Tigard Library Expansion Project
FES Proposal P1099i
Please note that we would be happy to participate in planning meetings with the Library's hired
consultant if desired. Meetings and requested out-of-scope items would be billed on a time and
materials basis.
SCHEDULE: Normal turnaround time is two weeks for field work and two to four weeks for
mitigation plan development. At this time, we can start work on this project as soon as notice to
proceed is given.
TERMS: Services will be billed on a time and materials basis through the last Friday of the month
in accordance with our current fee schedule. Balance is due upon receipt of monthly invoices.
Consultant agrees to perform consulting services with that standard of care, skill, and diligence
normally provided by a professional in the performance of similar environmental consulting services.
Note: Owner and employees of Fishman Environmental Services are covered by general liability
insurance($1,000,000);employees are covered by Worker's Compensation insurance.This proposal
is valid for a period of 90 days.
NOTIFICATION TO PROCEED: Please have the party responsible for payment sign below and
return a copy of this form by mail or fax(503/224-1851)to acknowledge acceptance of tasks,cost
estimate, schedule, and terms as described in this proposal.
Please do not hesitate to call with any questions or to clarify the scope and tasks.
Client Signature Date
(Client Name,Address,Phone,Fax,email)
C. Mirth Walker,PWS
Wetlands Program Manager
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Fishman Environmental Services •434 NW Sixth Avenue•Suite 304•Portland,OR 97209-3600.503-224-0333
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FEE SCHEDULE
SENIOR ECOLOGIST $110.00/hr
SENIOR FISH/AQUATIC BIOLOGIST $ 83.00/hr
ENVIRONMENTAL SERVICES MANAGER $ 80.00/hr
ECOLOGIST $ 78.00/hr
WETLANDS PROGRAM MANAGER $ 78.00/hr
SOIL SCIENTIST $ 78.00/hr
NATURAL RESOURCE PLANNER $ 75.00/hr
WETLAND ECOLOGIST $ 65.00/hr
AQUATIC/FISH BIOLOGIST I $ 60.00/hr
ADMINISTRATIVE/WORD PROCESSING $ 48.00/hr
FEE SCHEDULE CURRENT THROUGH DECEMBER 1999
1.5%FINANCE CHARGE PER MONTH ON AMOUNTS 30 DAYS PAST DUE
MILEAGE EXPENSE CHARGED AT$.31 PER MILE
FOR ADDITIONAL PROJECT EXPENSES SEE RATE SHEET
THERE IS NO MARK-UP ON SUBCONTRACTED SERVICES
FISHMAN ENVIRONMENTAL SERVICES IS A SOLE PROPRIETORSHIP
THERE ARE NO OVERHEAD FEES IN ADDITION TO THESE RATES
Fishman Environmental Services •434 NW Sixth Avenue•Suite 304•Portland,OR 97209-3600.503-224-0333
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