Fishman Environmental - 5-1180 CITY OF TIGARD,OREGON
PERSONAL SERVICES AGREEMENT
NATURAL RESOURCE ASSESSMENT—FANNO CREEK TRAIL, TUALATIN RIVER SEGMENT
THIS AGREEMENT made and entered into this 13th of September, 2004, by and between the CITY OF TIGARD, a
municipal corporation, of 'the State of Oregon, hereinafter called City, and FISHMAN ENVIRONMENTAL
SERVICE hereinafter called Contractor.
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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 Exhibit B
Contractor's Proposal, both-documents by this reference made a part hereof.
EFFECTIVE-DATE AND DURATION
This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or
extended,on 12th of September,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 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, 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:
Contract Manager for City: Contract Manager for Contractor:
City.of Tigard Company: Fishman Environmental Services SLJC
Attn:.Daniel Plaza Attn: Stacy N. Benjamin
Address: 13125 SW Hall Blvd.,Tigard, Oregon 97223 Address: 434 NW Sixth Ave., Suite 304
Portland,OR 97209
Phone: 503-639-4171 ext. 2590 Phone: 503-224-0333 y,.1_Z0
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'swork 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 f 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 1,0002000
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.
A -Insurance Carrier Ratine
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 12th of September, 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.
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 thisAgreement to be executed by its duly authorized undersigned officer,and
Contractor has ex ted this Agreement on the date hereinabove first written.
CI O TIGA CONTRACTR
co"
ut rized City staff By: Authorized Agent of Contractor
Date Date
EXHIBIT A '
SCOPE OE WORK
Task.l) Vegetated Corridor Condition Assessment
Assess the condition of the vegetated corridors on the site adjacent-to the Tualatin River.and
wetlands in accordance with Clean Water Service's Design and Construction Standards. Plant
communities will be documented and percent tree canopy, percent cover by native species, and
percent cover by invasive and/or noxious species will be recorded at representative sample plot
locations.
.Task 2) Natural Resource Assessment Documentation
Finalize a summary report of the wetland delineation,meeting the requirements of the Division of
State Lands' May 21, 2004 wetland delineation report rules, for Clean Water Services. Prepare a,
separate memo for the Fanno Creek Trail segment project discussing the results of the vegetated
corridor condition assessment and referencingthe wetland delineation report to meet Clean Water
Services requirements. The City will have the top of bank of the Tualatin River surveyed in order
to determine the-location of the 125 foot vegetated corridor adjacent to the river. FES will provide
a map of the updated wetland boundaries.to the City to be used to determine the location of the 50 -
foot vegetated corridor adjacent to the wetlands. The City will be responsible for preparing a site
map for the Clean Water Services submittal showing the top of bank of the.Tualatin River,
wetland,boundaries,vegetated corridors, and trail alignment.,
Task 3)Vegetated Corridor Enhancement& MitigationPlan
Based on our previous field work on the site, it appears that a portion of the vegetated corridor is
in degraded condition; therefore, an enhancement plan' will be, prepared to :meet CWS
requirements. Additional vegetated corridor mitigation will be required if impacts to the
vegetated corridor are proposed due to trail construction. We will assist the City in determining
the location of any mitigation areas, if necessary.
Task 4)Project Coordination
This.,task includes project coordination with the City of Tigard and Clean Water Services as 1
'necessary to obtain a Service Provider Letter for the project.
EXHIBIT B
CONTRACTOR'S PROPOSAL
JL` Portland Office
' 434 NW Sbdh Avenue,Su to 304
I Portland,Oregon 97209
A DDIlt�O� Of Tel 503,224.0333 fax 503.224.1851
www
7�'�� .swca.com
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PROPOSAL FOR NATURAL RESOURCE ASSESSMENT SERVICES
August 24, 2004
Duane Roberts
City of Tigard
13125 SW Hall Blvd.
Tigard, Oregon 97223
(503)718-2444, fax(503)684-7297
PROJECT: Fanno Creek Trail—Tualatin River Segment
Natural Resource Assessment
FES Proposal P04081
PROJECT UNDERSTANDING:
Fishman Environmental Services (FES) delineated wetlands on the site (former John Thomas Dairy) in
1996 and conducted a wetland delineation update in August 2004 for Clean Water Services and their
agent, MWH Americas, Inc. FES will coordinate with our client for the wetland delineation update in
order to obtain their permission to release the results to the City of Tigard for their use during the Fanno
Creek Trail project.
A vegetated corridor condition assessment is needed to meet Clean Water Services requirements for site
development. Clean Water Services requires a 125 foot vegetated corridor adjacent to the Tualatin River,
provided that the topography adjacent to the river is less than 25% slope. A 50 foot vegetated corridor
will be required adjacent to the wetlands on the site to the north of the river.
SCOPE OF SERVICES:
Task 1)Vegetated Corridor Condition Assessment
We will assess the condition of the vegetated corridors on the site adjacent to the Tualatin River
and wetlands in accordance with Clean Water Service's Design and Construction Standards. Plant
communities will be documented and percent tree canopy, percent cover by native species, and
percent cover by invasive and/or noxious species will be recorded at representative sample plot
locations.
Task 2)Natural Resource Assessment Documentation
We are currently in the process of finalizing a summary report of the wetland delineation,
meeting the requirements of the Division of State Lands' May 21, 2004 wetland delineation
report rules, for Clean Water Services. We will prepare a separate memo for the Fanno Creek
Trail segment project discussing the results of the vegetated corridor condition assessment and
referencing the wetland delineation report to meet Clean Water Services requirements. We
recommend that the City have the top of bank of the Tualatin River surveyed in order to
determine the location of the 125 foot vegetated corridor adjacent to the river.. FES will.provide a
map of the updated wetland boundaries to the City to be used to determine the location of the 50
foot vegetated corridor adjacent to the wetlands. The City will be responsible for preparing a site
map for the Clean Water Services submittal showing the top of bank of the Tualatin River,
wetland boundaries,vegetated corridors,and trail alignment.
Task 3)Vegetated Corridor Enhancement&Mitigation Plan
Based on our previous field work on the site, it appears that a portion of the vegetated corridor is
in degraded condition; therefore, an enhancement plan will be prepared to meet CWS
requirements. Additional vegetated corridor mitigation will be .required if impacts to the
vegetated corridor are proposed due to trail construction. We will assist the City in deten-nining
the location of any mitigation areas, if necessary.
Task 4)Project Coordination
This task includes project coordination with the City of Tigard and Clean Water Services as
s
necessary to obtain a Service Provider Letter for the project. -
COST ESTIMATE:
Task 1)Vegetated Corridor Assessment $ 800
Task 2)Natural Resources Documentation $. 800
Task 3)Enhancement/Mitigation Plan . $ 600
Task 4)Project Coordination $ 400
Expenses $ 100
Total Not-to-Exceed $2,700
SCHEDULE:
Task 1 can be conducted within two to three weeks of notice to proceed. Tasks 2 and 3 can be completed
within two to three weeks of receiving final trail location information from the City. Client and agency
coordination will be ongoing as needed.
RESPONSIBILITIES OF CLIENT:
1)Provide consultant access to the site.
2)Prepare site map for the Clean Water Services,submittal showing the surveyed top of bank of the
Tualatin River,,wetland boundaries,vegetated conidors,-and trail alignment.
NOTIFICATION TO,PROCEED:
Please print two copies and sign both copies of the attached Services Agreement and send them to our
office for our signature.
Prepared by:
Stacy N. Benjamin
Senior Project Manager
CITY OF TIGARD
CONTRACT SUMMARY FORM
(THIS MUST ACCOMPANY EACH CONTRACT BEFORE AUTHORIZATION SIGNATURE CAN BE ACQUIRED)
Title of Contract: Natural Resource Assessment - Fanno Contract#:
Creek Trail, Tualatin River Segment
Contractor: Fishman Environmental Services Total: $2700
Brief Overview: This contract is for a natur'al resouce assessment of the Fanno Creek Trail,
Tualatin River segment (Cook Park).
Changes Made To none
Boilerplate
Contract.-
Type
ontract:T e of Contract: ❑ Purchase Agreement ® Personal Seryice ❑ Construction ❑Other
Start Date: upon execution End Date: 9/12/05 LCRB Award Date: n/a
Contract Manager: Dan Plaza Extension: 2590 Department: PW
Quotes/Bids/Proposals: COMPANY AMOUNT/SCORE
Fishman Environmental Services $2700
Department Comments:
Department Signature �"' Date: `—
Purchasing Comments:
Purchasing S' Ir
Date: Q jf
Administrati Date:
Certificate of Insurance ceived? ❑ Yes ❑ No ❑ Self-Insured Form Received)
Business Tax Current? Yes No Contractor License Current? Yes LJNo
Federal TIN/1099 #: 93-1285047/86-0483317 Bonds Required: Ljyes NNo
Accounting String: Fund Division Account Total
225 6400 754050 $2700
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CITY OF TIGARD
CONTRACT AMENDMENT SUMMARY FORM
THIS FORM MUST ACCOMPANY EACH AMENDMENT BEFORE AUTHORIZING SIGNATURE CAN BE ACQUIRED.
Contract Title: Natural Resource Assessment - Fanno Original Contract#: 5-1180
Creek Trail, Tualatin River Segment
Contractor: Fishman Environmental/SWCA Original Contract $: 2700
Contract Summary: This contract is for a natural resouce assessment of the Fanno Creek Trail,Tualatin
River segment(Cook Park).
PREVIOUS AMENDMENTS,
Amendment #: Amendment $: % Original $:
Amendment Summary:
Amendment #: Amendment $: Running%Original $:
Amendment Summary:
Amendment #: Amendment $: Running%Original $:
Amendment Summary:
Amendment #: Amendment $: Running%Original $:
Amendment Summary:
CURRENT AMENDMENT t
Amendment #: 1 Amendment $: n/a Running%Original $: n/a
Reasons for Amendment: This amendment serves to extend the expiration date of the contract to
(attach additional memo if needed) December 31, 2005. This additional time is needed to complete the tasks in
the original scope of work. No work has been added to the project and the
compensation has not changed.
Accounting String: Fund Division Account Total
225 6400 754050 2700
Department Signature:
Purchasing Signature:
Administration Signature:
H
CITY OF TIGARD,OREGON
Service Agreement
5-1180
Natural Resource Assessment- Fanno Creek Trail,Tualatin River Segment
AMENDMENT#1
The Personal Service 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 Environmental Consultants, hereinafter called Seller, entered into on the 13th of
September,2004, is hereby amended as follows:
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution and shall expire, unless
otherwise terminated or extended, on the 31" of December, 2005.
All work under this Agreement shall be completed prior to the expiration of 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.
CITY O TIGARD Fishman Environmental Services,
a division of SWCA
Signature Signature
D2 1'a Z& C • M 1 f-+ \ Wa1kLy-
Printed Name Printed Name
q?�3jDs 913a 12t,�S
Date Date
CITY OF TIGARD
13125 SW HALL BLVD
TIGARD,OR 97223
Ph:(503)639-4171 FAX:(503)639-1471
Vendor No: SWCA434 PO Number: 5-1180
Vendor: SWCA,Inc
.Suite 304
434 NW Sixth Avenue Order Date: 10/27/2004
Portland,OR 97209-3600 Expectant Date: ?
(503)224-0333 , Shipping Instructions: chug to,SWCA 9/8/05-pa
Payment terms: 0 days
Deliver to: Contract Mgr: Dan Plaza PO Status: Open
13125 SW Hall Blvd,
Tigard,OR 97223
Comment: Tualatin River Project
1.00 2,700.00 2,700.00 Natural Resource Assessment-Fanno Creek 2,700.00 225-6400-754050
Trail,Tualatin River Segment
Overview:
This Contract is for a Natural Resource
Assessment of the Fanno Creek Trail,Tualatin
River Segment(Cook Park).
Boilerplate Changes: None
Contract Type: Personal Service
Contract Ends: Dec.31,2005 **
**This amendment serves to extend the
expiration date of the contract to Dec.31,2005.
This additional time is needed to complete the
tasks in the original Scope of Work. No work
has been added to the project and the
compensation has not changed.
--------------------- ---------------------
TOTALS: 2,700.00 2,700.00
CITY OF TIGARD
13125 SW HALL BLVD
TIGARD,OR 97223'
S Ph:(503)639-4171 FAX:(503)639-1471
Vendor No: SWCA434 PO."Number: 5-1180
Vendor: SWCA,Inc'
Suite 304
434 NW Sixth Avenue Order Date: 10/27/2004
Portland,OR 97209-3600 Expectant-Date: ?
(503)224-0333 Shipping Instructions: chng to SWCA 9/8/05-pa
Paymentterms: 0 days
Deliver to: Contract Mgr: Dan Plaza PO Status: Open
13125 SW Hall Blvd
Tigard,OR 97.223
Comment: Tualatin River Project
1.00 2,700.00 2,700.00 Natural Resource Assessment.-Fanno Creek 2,700.00 225-6400-754050
Trail,Tualatin River Segment
Overview:
This Contract is for a Natural Resource
Assessment of the Fanno Creek Trail,Tualatin
River Segment(Cook Park).
Boilerplate Changes: None
1 ,
Contract Type: Personal Service
Contract Ends: Sept. 12,2005
TOTALS: ---------- ---------
2,700.00 2,700.00