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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 Printed on Reewled Panrr PI'VAQV I2prvrr v tqn 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 G-\1999\propos&11p1099i\revised proposalmpd Fishman Environmental Services •434 NW Sixth Avenue•Suite 304•Portland,OR 97209-3600.503-224-0333 G 0 o Printed on Recycled Paper •`n4N 0 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 o � MAN, Printed on Recycled Paper �cN O O O M f- O CO 00 N IRt T" W (0!) urz, T- N 69 N (0 64 69 6R? 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