Fishman Environmental Services ~ (2) CITY OF TIGARD, OREGON
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 15th of March, 2004, by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Fishman
Environmental Services, LLC, hereinafter called Contractor.
RECITALS
WHEREAS the City has need for the services of a company with a particular training, ability,
knowledge, and experience possessed by Contractor, and
WHEREAS the 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 the City's Notice to Proceed and 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 signature of both parties and shall expire, unless
otherwise terminated or extended, on the 30th of June, 2004. 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 Eight Hundred and No/100
Dollars ($2,800.00) annually for performance of those services described in this Agreement.
Payment will be made based on Contractor's invoice, subject to the approval of the City, 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 Fishman Environmental Services, LLC
Attn: Duane Roberts Attn: Stacy N. Benjamin
13125 SW Hall Blvd., Tigard, Oregon 97223 434 NW Sixth Ave., Suite 304, Portland, Oregon
97209
Phone: 503-718-2444 Phone: (503) 224-0333
Fax: (503) 684-7297 Fax: (503) 224-1851
Email Address: duane@ci.tigard.or.us Email Address:
sbenjamin@fishmanenvironmental.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 the 31st of
December, 2003 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 Contidctor 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 this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first
written.
City Tigard Contractor
By: Authorized City staff By: Authorized Agent of Contractor
—Date Date
7 f�
Q02
EXHIBIT
Fishman Environmentai services, LLC
CONSULTANTS IN ECOLOGY AND NATURAL RESOURCE MANAGEMENT
CHANGE OF SCOPE FOR NATURAL RESOURCE SERVICES
February 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 Segment Natural Resource Assessment(FES #03104)
Fishman Environmental Services,LLC(FES)is under contract to the City of Tigard to evaluate the
vegetated corridor on the Fanno Creek Park site and to prepare a natural resource assessment report
and vegetated corridor mitigation plan to meet Clean Water Services requirements in order to
construct the segment of the Fanno Creek Trail on the Fanno Creek Park site. The City wishes to
amend the scope of services to include evaluation of vegetated corridor impacts and preparation of
a vegetated corridor mitigation plan to construct the segment of the Fanno Creek Trail to be located
on the new Tigard Library site and crossing the proposed Wall Street to connect with the trail
segment on the Fanno Pointe site. The condition of the vegetated corridor on the library site was
previously evaluated by Kurahashi & Associates in August 2002. The location of the new trail
segment and determination ofvegetated corridor impacts and mitigation areas will need to be closely
coordinated with the new Tigard library project and the City's proposed Wall Street project.
Task 1)Review background information
We will review the vegetated corridor documentation prepared by Kurahashi for the new
Tigard library project and the preliminary alignment of the new Fanno Creek Trail segment.
Task 2)Project_Coordination
We will coordinate with the City planning and engineering departments,library,
Associates (Wall St. engineering consultant), and Fanno Pointe development as needed
regarding a suitable location of the new Fanno Creek Trail segment,evaluation of vegetated
corridor impacts, and location of suitable mitigation areas. We will also coordinate with
Clean Water Services as needed.
Task 3)Vegetated Corridor Impact Analysis &Mitigation Plan
We will prepare a summary memo describing proposed vegetated corridor impacts and
proposed mitigation areas.We will prepare a table ofplanting specifications forthe vegetated
corridor mitigation areas.
COST ESTIMATE:
Task 1)Review background information $ 400
Task 2)Project Coordination $ 600
Task 3)Vegetated Corridor Impact Analysis & Mitigation Plan $1,800
Total Not-to-Exceed $2,800 0
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434 NW Sixth Avenue,Suite 304 Portland OR 97209-3652 phone:503 224 0333 fax.-5032241851 www.fishmanenvironmental.mm
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SCHEDULE:
DeHaas and Associates have recently completed preliminary construction drawings for Phase 1 of
the Wall Street project.The proposed trail location will need to be revised to be compatible with the
Fanno Pointe access off of Wall Street and the revised outfall of the library water quality treatment
bioswale.
RESPONSIBILITIES OF CLIENT:
1)Provide map of trail location on the site.
2)Provide consultant access to the site.
3)Provide any available site development information.
TERMS:
Services will be billed on a time and materials basis through the end of the month in accordance with
our current fee schedule. Costs may be less than the estimate. 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, LLC are
covered by general and professional liability insurance ($1,000,000); employees are covered by
Worker's Compensation insurance; certificates of insurance will be provided upon request. 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.
Client Signature Date
Name - --
Address
City, State, Zip
Prepared by:
Stacy N. Benjamin
Wetland Ecologist
Fishman Environmental Services,LLC Project 03104 Page 2