Fishman - Sensitive Lands Permit for Fanno Creek Trail Cook to Ped. Bridge CITY OF TIGARD,OREGON
Sensitive Lands Permit—Fanno Creek Trail, Tigard Library to Wall Street Segment
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 24th of May, 2005, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon, hereinafter called City, and Fishman Environmental Services, a
division of SWCA, hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
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 execution and shall expire, unless otherwise terminated or
extended, on 31st of December, 2005. 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 Two Thousand Seven Hundred and 00/100 dollars
($2700) annually for performance of those services described in this Agreement. Payment will be made based
on Contractor's invoice, subject to the approval of Daniel Plaza, Parks Manager, and not more frequently than
monthly. Payment shall be payable within thirty(30) days from the date of receipt by the City.
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:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Fishman Environmental Services
Attn: Daniel Plaza, Parks Manager Attn: Stacy Benjamin
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: 434 NW Sixth Avenue, Suite 304
Portland, OR 97209
Phone: 503-639-4171 ext. 2590 Phone: 503-224-0333
Fax: 503-684-8840 Fax: 503-224-1851
Email Address: daniel@ci.tigard.or.us Email Address: sbenjamin@swca.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:
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 1,000,000
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) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, 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.
d. 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.
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.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 31st of December, 2005
shall be accompanied by sixty (60) 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.
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 Chapter 279 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.
' a
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 he/she 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 Contracto has executed this Agreement on the date hereinabove first written.
CITY F IGA CONTRACTOR
By: utho zed City staff By: Authorized Agent of Contractor
Date Date
Exhibit A
Scope of Work
PROJECT: Fanno Creek Trail, Tigard Library to Wall Street Segment
City of Tigard Sensitive Lands Permit
PROJECT BACKGROUND/UNDERSTANDING:
Fishman Environmental Services, a Division of SWCA Environmental Consultants (SWCA),
prepared a wetland delineation and vegetated corridor condition assessment report to meet Clean
Water Services' (CWS) natural resource assessment requirements for the proposed project. A
vegetated corridor mitigation planting plan was also submitted to CWS for proposed vegetated
corridor impacts due to a proposed bridge crossing of Fanno Creek. A Service Provider Letter
was issued for the project on January 25, 2004 (CWS File No. 4714). The proposed trail
alignment is located outside delineated wetland areas, and the conceptual trail design
incorporates a bridge crossing of Fanno Creek. Therefore, a wetland permit will not be required
for the project from the Oregon Department of State Lands or the U.S. Army Corps of Engineers
provided that no impacts below ordinary high water of Fanno Creek are proposed due to the
bridge. Since the proposed trail alignment is located within the 100-year floodplain, a City of
Tigard Sensitive Lands Permit for floodplain impacts is required for the project. SWCA attended
a pre-application meeting at the City of Tigard on January 20, 2005 to discuss the requirements
for obtaining a Sensitive Lands Permit. SWCA also prepared the pre-application meeting
materials required by the City.
TASKS:
Task 1) Sensitive Lands Permit Application
SWCA will prepare documentation to meet the submittal requirements outlined in
Chapter 18.775 (Sensitive Lands) and Chapters 18.390.040-18.390.040 (Impact Study) as
well as other necessary code chapters identified at the pre-application meeting. This task
includes preparation of a mitigation plan for any proposed tree impacts if necessary.
Task 2) Public Involvement
SWCA will attend the neighborhood meeting and the Hearings Officer meetings in order
to respond to any environmental concerns raised at the meetings. The City of Tigard will
be responsible for preparing the public meeting notice and making meeting arrangements.
Task 3) Project Coordination
This task includes project coordination with the City of Tigard in order to obtain the
necessary engineering drawings of the bridge design and proposed floodplain impact
calculations. This task also includes coordination with the City regarding Task 3 above
such as preparation of meeting materials.
COST ESTIMATE:
Task 1) Sensitive Lands Permit Application $1,200
Task 2) Public Involvement $1,000
Task 3) Project Coordination $ 500
Total Not-to-Exceed $2,700
CITY OF TIGARD, OREGON
Personal Services Agreement
5-1407
Sensitive Lands Permit- Fanno Creek Trail, Tigard Library to Wall Street Segment
AMENDMENT H-1
The Personal Services Agreement between the City of Tigard, a municipal corporation of the
State of Oregon, hereinafter called City, and Fishman Environmental Services, a division of
SWCA, hereinafter called Seller, entered into on the 24th of May, 2005, is hereby amended as
follows:
EXHIBIT A—SCOPE OF WORK
The scope of work shall be amended to include the following tasks:
1. Obtain a revised Clean Water Services Service Provider Letter for the project due to
the change.in the trail alignment and removal of the•viewing platform since the initial
CWS SPL was obtained.
2. Revise the vegetated corridor mitigation planting plan.
3. Review and provide comments on the draft staff report.
The total cost for these additional services shall not exceed Six Hundred Seventy Five
and 00/100 dollars ($675.00).
COMPENSATION
City agrees to pay Gentr-aetot! an ametint not to exeeed TWo Thousand Seven Hundred and
00400 dollars ($2-740) annually for-peffofmanee of those sefviees desefibed in this Agfeeffient...
City agrees to pay Contractor an amount not to exceed Three Thousand Three Hundred
Seventy Five and 00/100 dollars,($33.75, annually for,perform,ance of those services described
in this Agreement...
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly
authorized undersigned officer and Seller has executed this Amendment upon signature and date
listed below.
CIT O TIG Fish n amental Services/SWCA
ure ignat e
Printed Name Printed Name
60,
Date Date