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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. 2 c,C\o s;G-A o SI.JC/A �►�V�r�►n►��:�a) C'cnSn4-S �Sl�JG4� 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 ai36 pn,eow46NrtK C0X5" 1"7s 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 �TC� lC��b15 t�v� 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