Fishman Environmental Services - Fanno Creek Trail Wetland Fill CITY OF TIGARD, OREGON
PERSONAL SERVICES CONTRACT
THIS AGREEMENT made and entered into this 21 day of May, 1998 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.
WITNESSETH
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 Fishman Environmental Services is qualified and capable
of performing the professional services as CITY does hereinafter require, under those terms and
conditions set forth:
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
1. SERVICES TO BE PROVIDED:
CONTRACTOR shall initiate services immediately upon receipt of CITY'S notice to
proceed, together with an executed copy of this Agreement. CONTRACTOR agrees to
complete work.which is detailed in Exhibit "A" and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION:
This Agreement shall become effective upon the date of execution,-and shall expire,
unless otherwise terminated or extended on rJune 30, 1998. All work under this
Agreement shall be completed prior to the expiration of this Agreement.
3. COMPENSATION:
CITY- agrees to pay CONTRACTOR not to exceed $24,000 for performance of those
services described herein, which payment shall be based upon the following applicable
terms:
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a. Payment by CITY to CONTRACTOR for performance of services under this
Agreement includes all expenses incurred by CONTRACTOR, with the exception
of expenses, if any, identified.in this Agreement as separately reimbursable.
b. Payment will be made in installments based on CONTRACTOR'S invoice,
subject to the approval of the City Manager, and not more frequently than
monthly. Payment ahall be made only for work actually completed as of the date
of invoice.
C. 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.
d. CONTRACTOR shall make payments promptly, as due, to all persons supplying
labor or materials for the prosecution of this work.
e. 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.
f. CONTRACTOR shall pay to the Department of Revenue all sums withheld from
employees pursuant to ORS 316.167.
g. 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'S Finance Director 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.
h. CONTRACTOR 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.
L CONTRACTOR 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 CONTRACTOR or all sums which CONTRACTOR agrees to pay
for such services and all moneys and sums which CONTRACTOR collected or
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deducted from the wages of employees pursuant to any law, contract or agreement
for the purpose of providing or paying for such service.
j. The CITY certifies that sufficient funds are available and authorized for
expenditure to finance costs of this contract.
4. 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.
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, CONTRACTOR 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 nor anything contained herein shall be
deemed to create any contractual relation between the subcontractor and CITY.
-- 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR:
CONTRACTOR certifies that:
a. 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 670.700 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.
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b. The undersigned CONTRACTOR 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
CONTRACTOR, 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, CONTRACTOR certifies
that he or 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.
CONTRACTOR 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 calendaryear,by any public employer participating in the
Retirement System.
C. CONTRACTOR certifies that it currently has a CITY business license or will
obtain one prior to delivering services under this Agreement.
d. CONTRACTOR is not an officer, employee; or agent of the CITY as those terms
are used;in,ORS 30.265.
7. INDEMNIFICATION:
CITY has relied upon the professional ability andtraining. of CONTRACTOR as a
material inducement to enter into this Agreement. CONTRACTOR agrees that all its
work will be performed in accordance with generally accepted professional practices and
standards as well as well as it being understood that acceptance of a contractor's work by
CITY shall not operate as a waiver or release.
CONTRACTOR agrees to indemnify and defend the CITY, its 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) that may be asserted by any person or entity which in any way arise from
and to the extent attributable to the negligence of CONTRACTOR and its employees,
during or in connection with the performance of the work described in this contract,
except liability arising out of the sole negligence of the CITY and its employees. Such
indemnification 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
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or invalid for any reason whatsoever, ,such illegality or invalidity shall not affect the
validity of the remainder of this indemnification.
8. INSURANCE:
CONTRACTOR and its subcontractors 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,
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 CONTRACTOR and- its
subcontractor shall provide at least the following limits and coverages:
a. Commercial General Liability Inlum=
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 (1986 ISO or
equivalent). This coverage shall include Contractual Liability insurance for the
indemnity provided under this contract. The following insurance will be
carried:
Cov� Limit
General Aggregate 2,0009000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising'Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (Any one fire) 50,000
Medical Expense (Any one person) 59000
b. Commercial Automobile Insurance
CONTRACTOR shall also obtain, at contractor's expense, and keep in effect
during the term of the contract, "Symbol 1" 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 $1,000,000.
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C. Workers' Co Mnensation Insult
The CONTRACTOR, 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.. Contractors
who perform work without the assistance or labor of any employee need not to
obtain such coverage." This shall include Employer's Liability Insurance with
coverage limits of not less than $100,000 each accident.
d. Additional Insured Provision
The City of Tigard, Oregon, its officers, directors, and employees shall be
added as additional insureds with respect to this contract. The .Commercial
Automobile and Commercial General Liability Insurance policies will be
endorsed to show this additional coverage.
e. Notice of Cancellation
There shall be no cancellation,material change, exhaustion of aggregate limits
or intent not to renew insurance coverage without 30 days written notice to the
CITY. Any failure to comply with this provision will not affect the insurance
coverage provided to the City. The 30 days notice of cancellation provision
shall be physically endorsed on to the policy.
f. 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.
g. 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 certificate will specify and document all provisions within this
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contract. A renewal certificate will be sent to the above address 10 days prior
to coverage expiration.
h. 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 lor agent
of the CITY as those ternisl are used in ORS 30.265.
L Primary Coverage Clarification
All parties to this contract hereby agree that the CONTRACTOR'S coverage
will be primary in the event of a loss.
j. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all
general liability, professional liability, pollution and errors and omissions
policies required by this contract.
CONTRACTOR'S insurance policy shall contain provisions that such policies shall not
be canceled or their limits of liability reduced without thirty (30) days prior notice to
CITY. A copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company, or at the discretion of,CITY, in lieu
thereof, a certificate in form satisfactory to CITY certifying to the issuance of such
insurance shall be forwarded to:
Duane.Roberts, City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
Such policies or certificates must be delivered prior to commencement of the work. Ten
days cancellation notice shall be provided CITY by certified mail to the name at the
address listed above in event of cancellation or non-renewal of the insurance.
The procuring of such required insurance shall not be construed to limit contractor's
liability hereunder. Notwithstanding said insurance, CONTRACTOR sha11 be obligated
for the total amount of any damage, injury, or loss caused by negligence or neglect
connected with this contract.
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9. 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 or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
CITY OF,TIGARD
Duane Roberts
13125 SW Hall Blvd.
Tigard, Oregon 97223
CONTRACTOR
Fishman Environmental Services
Attn: Mirth Walker
Suite 304
434 NW Sixth Avenue
Portland, OR 97209-5600
and when so addressed, shall' be deemed given upon deposit in the United States mail,
postage prepaid. In,all other instances, notices, bills and payments shall be deemed given
at the time of actual delivery. Changes may be made in the names and addresses of the
person to whom 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 CONTRACTOR which does not represent clients on matters contrary to
CITY interests. Further, CONTRACTOR 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.
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Should the CONTRACTOR 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,
CONTRACTOR shall consult with the appropriate CITY representative regarding the
conflict.
After such consultation, the CONTRACTOR 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 13 (b - iii) 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 CONTRACTOR. If CITY terminates the
contract pursuant to this paragraph, it shall pay CONTRACTOR 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
CONTRACTOR, or at such later date as may be established by CITY, under any
of the following conditions:
L 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
ii. 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.
iii. If any license or certificate required by law or regulation to be held by
CONTRACTOR, its subcontractors, agents, and employees to provide the
services required by this Agreement is for any reason denied, revoked, or
not renewed.
iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition
in bankruptcy is filed by or against CONTRACTOR, if a receiver or
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trustee is appointed for CONTRACTOR, or if there is an assignment for
the benefit of creditors of CONTRACTOR.
Any such termination of this agreement under paragraph (a) shall be without prejudice to
any obligations or liabilities of either parry already accrued prior to such termination.
b. CITY, by written notice of default (including breach of contract) to
CONTRACTOR, may terminate the whole or any part of this Agreement:
L If CONTRACTOR fails to provide services called for by this agreement
within the time specified herein or any extension thereof, or
ii. If CONTRACTOR 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 (10) days or
such other period as CITY may authorize.
iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11
of this agreement.
The rights and remedies of CITY provided in the above clause related to defaults
(including breach of contract) by CONTRACTOR shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
If CITY terminates this Agreement under paragraph (b), CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. 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.
14. ACCESS TORECORDS:
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.
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15. FORCE MAJEURE:
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,
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 (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.
16. NON-WAIVER:
The failure of CITY to insist upon or enforce strict performance by CONTRACTOR 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.
17. NON-DISCRU IINATION:
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.
18. ERRORS:
Upon prompt notice by CITY, CONTRACTOR shall perform such additional work as
may be necessary to correct CONTRACTOR's negligent errors in the work required
under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES) WORK:
Only the Community Development Director may authorize extra (and/or changes) work.
Failure of CONTRACTOR 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
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unauthorized extra work and CONTRACTOR thereafter shall be entitled to no
compensation whatsoever for the performance of such work.
20. STANDARD'OF CARE:
Services provided by CONTRACTOR will be performed in a manner consistent with the
degree of care and skill ordinarily exercised by members of the same profession currently
practicing under similar circumstances.
21. ATTORNEY'S FEES:
In case suit or action is instituted to enforce the provisions of this contract, the parties
agree that the losing parry 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 APPLICABLE LAW:
CONTRACTOR shall comply with all federal, state, and local laws and ordinances
applicable to the work under this Agreement, including those set forth in ORS 279.310 to
279.320.
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 and nothing herein shall be considered as an acceptance of the
said terms of said proposal conflicting herewith.
25. AUDIT:
CONTRACTOR 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. CONTRACTOR agrees to permit CITY,. the
State of Oregon, the federal government, or their duly authorized representatives to audit
all records pertaining to this Agreement to assure the accurate expenditure of funds.
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26. 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 remainder of this Agreement shall
remain in full force and effect and shall in no way be affected or invalidated thereby.
27. COMPLETE AGREEMENT:
This Agreement and attached exhibits 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 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 CONTRACTOR has executed this Agreement on the
date hereinabove first written.
CITY OF TIGARD
James Hendryx,
CONTRA
By: Fishman Environmental Services
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EXHMIT Fishrlr. Environmental Services
434 NW Sixth Avenue • Suite 304
Portland, OR 97209-3600
PROPOSAL FOR WETLAND PERMITTING o 503-224-0333
AND MITIGATION SERVICES � NMan,
May 13, 1998
TO: Duane Roberts, Planner
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
639-4171 fax 684-7297
FROM: Mirth Walker, PWS, Wetlands Program Manager
PROJECT: Fanno Creek Trail Wetland Fill/Removal Permit Application and
Mitigation Plan Proposal (Wetland Delineation Project 97126)
FES Proposal P598b
PROJECT UNDERSTANDING: The proposed trail alinement crosses wetlands and a wetland
fill/removal permit is needed from the Division of State Lands(DSL) and the U.S. Army Corps
of Engineers. Wetland Mitigation will most likely be needed for the unavoidable trail impacts to
wetlands. Two bridges across Fanno Creek (south of Main Street and north of Grant Street) and a
bridge across Summer Creek are proposed as part of this project. The trail project will be divided
into two phases, for the area south of Main Street and then the remainder of the trail sections to
the north(a pre-application meeting between the City and Jan Stuart of the Corps and Bill Parks
of DSL confirmed that the project could be divided into two phases). The City desires that the
Main Street section be built this year. The trail is proposed to be a 10-foot wide asphalt path.
Our proposal is based on the calculated impacts for Segments 1 - 6,which I am assuming is the
whole trail, not just south of Main Street(information provided by Vannie Nguyen, P.E.). No
impacts are proposed in Segments 1, 3, 5, and 6; Segment 2 impact is 9,613 square feet(SF) and
Segment 4 impact is 1,667 SF, for a total impact area of 11,280 SF, or 0.26 acre of wetland.
Required mitigation acreage is calculated under DSL guidelines as a 1.5:1 ratio for creation of
wetlands and as a 3:1 ratio for enhancement of wetlands;therefore required mitigation acreage is
0.39 acre of wetland creation or 0.78 acre of wetland enhancement, or a combination of both.
Three areas are potentially available for wetland enhancement mitigation: Fanno Creek
floodplain at the Fowler School site; Summer Creek near the pond/dam project(KCM is
currently working on that project); and perhaps the ODOT wetland mitigation site just north of
Woodard Park. Wetland enhancement may be easily conducted in the reed canarygrass meadow
north of the Oregon ash forest at the Fowler School site; this could simplify the project and allow
for decreased costs.
Paul Fishman has also submitted a proposal to the City to assist with the design of the bridge
crossing and abutments for Fanno Creek, south of Main Street.
FAX: (503)224-1851
tR Printed on Recycled Paper PLEASE RECYCLE
PROPOSAL FOR WETLAND PERMITTING AND MITIGATION SERVICES, page 2
May 13, 1998
PROJECT: Fanno Creek Trail Wetland Fill/Removal Permit Application and
Mitigation Plan Proposal(Wetland Delineation Project 97126)
FES Proposal P598b
DESCRIPTION OF TASKS:
PHASE 1
1)'Prepare a wetland fill,permit application for•Phase 1, south of Main Street.
2) Prepare a conceptual mitigation plan to compensate for all proposed impacts to wetlands
(Phases 1 and 2).
3) Coordinate agency review of the wetland fill permit application and conceptual mitigation
plan. Respond to reviewing agency or citizen comments on the proposed activities.
4) Prepare a final mitigation plan that meets the regulatory agency requirements, or coordinate
with the Fowler School Property or ODOT to combine our mitigation efforts with those
already in process.
5) Provide Mitigation Construction Oversight, if needed.
6) Monitor the success of the wetland mitigation and prepare an annual report for the required 3
year or 5 year period (determined by regulatory agencies).
PHASE 2
7) Prepare a wetland fill permit application for Phase 2, north of Main Street. (Repeat Task 1.)
8) Coordinate agency review of the wetland fill permit application. Respond to reviewing agency
or citizen comments on the proposed activities. (Partial Repeat of Task 3.)
COST ESTIMATE BY TASK:
PHASE 1
1) $2,500
2) $2,000
3) $1,500
4) $2,500
5) $2,500
6) $6,000 (3 years)or$10,000 (5 years)
PHASE 2
7)$2,000
8) $1,000
Total Not-to-Exceed Cost Estimate: Phase 1 (_$17,000 to $21,000)+Phase 2 (_$3,000)_
$24,000
Please call to discuss, if needed.