Fishman Environmental Services ~ April 16, 1998
Fishman Environmental Services
434 NW Sixth Avenue
Suite 304
Portland, OR 97209-3600
Project: Fanno Creek Trail Wetland Delineation
FES 97126
The purpose of this letter is to formally amend the above-named contract to include the
following changes:
"Section 1: Services to be Provided" is revised to include the delineation of wetland
boundaries and the preparation of a related narrative report for Woodard Park and the
proposed seven-acre park expansion area.
"Section 3: Compensation" is revised to replace the Not-to-Exceed amount from $5,800
to $7,300.
hames Hendryx
Community Development Director
CITY OF TIGARD, OREGON
CONTRACT FOR CONSULTANT SERVICES
CONTRACT TITLE: Fanno Creek Trail Wetland Delineation
This Contract, made and entered into this 16 day of January ,
1996 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 complete the survey and related work tasks as
described in attachment "A" .
C. All research reports and field data purchased or produced in
conjunction with the study shall become the property of the City.
D. 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.
2 . Compensation
A. The City agrees to pay Contractor an amount not to exceed $ 3 . 600
for performance of services . Thisount in�]� ge ' any direct
project expenses incurred by �� *��,- �� on behalf
of the City. Payment shall be based upon the following applicable
terms :
CONTRACT FOR PERSONAL SERVICES - PAGE 1
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.
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
Christie Galen, Fishman Environmental Services, 434 NW Sixth Avenue,
Suite 304, Portland, Oregon 97209-3600; 224-0333 .
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
CONTRACT FOR PERSONAL SERVICES - PAGE 2
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
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
CONTRACT FOR PERSONAL SERVICES - PAGE 3
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
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.
CONTRACT FOR PERSONAL SERVICES - PAGE 4
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.
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
Date
CONTRACT FOR PERSONAL SERVICES - PAGE 5
CONTRACTOR
BY: Cs
Date
i/lrpn/dr/Pers.fish
CONTRACT FOR PERSONAL SERVICES - PAGE 6
01-09-1998 Lt :_JtiPf1 FPOr i 1.011PLD HEADQUARTEP='= TO F , =11
Fishm. . 'Environmental Services
434 NW Sixth Avenue • Suite 304
Portland, OR 97209-3600
Jauary 8, 1998 503-224-0333
<�o vM4k
PROPOSAL FOR WETLAND SERVICES
TO; Duane Roberts, Planner
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
639-4171; Fax 684-7297
FROM: Christie Galen, staff ecologist
PROTECT: Field Wetland Delineation for two Tigard trail projects: Woodard Park to Main Street Trail
and Ash Street Trail-
DESCRIPTION
rail-DESCRIPTION OF TASKS:
1) Conduct a Wetland Delineation according to the 1987 Federal Manual on the subject sites in
potential trail areas as discussed with Duane Roberts
2) Flag wetland boundaries
3) Document soils, hydrologic features, hydrophytic vegetation and wetland/upland boundary _
4) Meet with surveyors (if necessary)
COST ESTIMATE: 24-48 hours, 2 people @ $75/hour - $1,800, not to exceed $3600.00.
RESPONSIBILITIES OF CLIENT:
1) Provide consultant access to the site.
2) Provide any available site-specific informatiun such as topographic surveys or base maps, or
aerial photographs (if necessary).
3) Provide surveying of wetland boundaries and sample plot locations.
SCHEDULE: A wetland delineation of Woodard Trail will begin on Monday, January 12 and it will be
completed as soon as possible (a lot depends on access and the density of the blackberry). The delineation
at Ash Creek trail will begin after we receive the appropriate maps. Tasks will be completed within two
to four weeks of authorized notice to proceed has been received.
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 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 60 days from the above date.
FAX: (503) 224-1851
Printed on Recycled Paper
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