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Todd Prager & Associates, LLC ~ 32500025 CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM Contract Overview Contract/Amendment Number: 32500025 Contract Start Date: 9/4/2024 Contract End Date: 8/31/2025 Contract Title: On-Call Arborist Services Contractor Name: Todd Prager & Associates, LLC Contract Manager: Sambo Kirkman Department: CD Contract Costs Original Contract Amount: $20,000 Total All Previous Amendments: n/a Total of this Amendment: n/a Total Contract Amount: $20,000 Procurement Authority Contract Type: Personal Services Procurement Type: Intermediate Quotes $10K<=$150K Solicitation Number: n/a LCRB Date: n/a Account String: Fund-Division-Account Work Order – Activity Type Amount FY 25 Varies – on-call $20,000 FY FY FY FY Contracts & Purchasing Approval Purchasing Signature: Comments: Requires PO to use, unused amount will roll as contract is extended. DocuSign Routing Route for Signature Name Email Address Contractor Todd Prager todd@toddprager.com City of Tigard Sambo Kirkman sambo.kirkman@tigard-or.gov Final Distribution Contractor Todd Prager todd@toddprager.com Project Manager Sambo Kirkman sambo.kirkman@tigard-or.gov Project Manager Joanne Bengtson joanne@tigard-or.gov Buyer Rosie McGown Rosie.mcgown@tigard-or.gov Contract Number 32500025 CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT ON-CALL ARBORIST SERVICES THIS AGREEMENT made and entered into this 4th day of September, 2024 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Todd Prager & Associates, LLC, hereinafter called Contractor. RECITALS WHEREAS, the City’s 2025 fiscal year budget provides for the use of on-call arborist services; and WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and experience possessed by Contractor, and WHEREAS, 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: 1. SERVICES TO BE PROVIDED Contractor will perform services in accordance with the terms and conditions set forth herein, and as provided in Exhibit A, incorporated herein by reference. 2. EFFECTIVE DATE AND DURATION This Agreement is effective upon the date of execution and expires on August 31, 2025, unless otherwise terminated or extended. The City and Contractor may mutually agree to four (4) additional one (1) year extensions to this Agreement. The total life of this contract may not exceed five (5) years. All work under this Agreement must be completed prior to the expiration of this Agreement. 3. COMPENSATION The City agrees to pay Contractor on a per Task Order basis in accordance with the fee schedule outlined in Exhibit A. All Task Orders under this agreement shall be done via a Purchase Order referencing all terms and conditions of this Agreement shall be in effect. The total amount paid to the Contractor by the City may not exceed Twenty Thousand and No/100 Dollars ($20,000.00). Payments made to Contractor will be based upon the following applicable terms: A. Payment by City to Contractor for performance of services under this Agreement includes all expenses incurred by Contractor, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. B. Payment will be made in installments based on Contractor’s invoice, subject to the approval of the City Manager, or designee, and not more frequently than monthly. Unless otherwise agreed, payment will be made only for work actually completed as of the date of invoice. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 2 | P a g e On-Call Arborist Services 32500025 C. Payment by City releases City from any further obligation for payment to Contractor for services performed or expenses incurred as of the date of the invoice. Payment may not be considered acceptance or approval of any work or waiver of any defects therein. D. Contractor must make payments promptly, as due, to all persons supplying labor or materials for the performance of the work provided for in this Agreement. E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. F. Contractor will pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from the contractor or any subcontractor. H. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City’s Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner does not relieve Contractor or their surety from obligation with respect to any unpaid claims. I. Contractor will promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical, and hospital care or other needed care and attention, incident to sickness or injury, to the employees of Contractor, of all sums that Contractor agrees to pay for the services and all moneys and sums that Contractor collected or deducted from the wages of employees pursuant to any law, contract, or agreement for the purpose of providing or paying for services. J. Contractor and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. K. Contractor must obtain, prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. L. The City certifies that sufficient funds are available and authorized for this Agreement during the current fiscal year. Funding during future fiscal years is subject to budget approval by Tigard’s City Council. 4. OWNERSHIP OF WORK PRODUCT City is the owner of and is entitled to possession of any and all work products of Contractor which result from this Agreement, including any computations, plans, correspondence, or Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 3 | P a g e On-Call Arborist Services 32500025 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. 5. ASSIGNMENT/DELEGATION Neither party may assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment has any force or effect unless and until the other party has consented. If City agrees to assignment of tasks to a subcontract, Contractor is fully responsible for the acts or omissions of any subcontractors and of all persons employed by them. Neither the approval by City of any subcontractor nor anything contained herein creates any contractual relation between the subcontractor and City. The provisions of this Agreement are binding upon and will inure to the benefit of the parties to the Agreement and their respective successors and assigns. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR Contractor certifies that: A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an independent contractor as defined by ORS 670.600 and not an employee of City. Contractor is not entitled to benefits of any kind to which an employee of City is entitled and is 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 is 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. B. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS 30.265. 7. CONFLICT OF INTEREST The undersigned Contractor hereby represents that no employee of the City, or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from Contractor, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, Contractor certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed their normal charge for the type of service provided. 8. INDEMNIFICATION City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Agreement. Contractor represents that all of 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 will not operate as a waiver or release. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 4 | P a g e On-Call Arborist Services 32500025 Contractor agrees to indemnify and defend the City, its officers, employees, agents, and representatives 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 (at both trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before federal or state administrative agencies), that may be asserted by any person or entity which in any way arise from, during, or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the City and its employees. Such indemnification will also cover claims brought against the City under state or federal worker's compensation laws. If any aspect of this indemnity is found to be illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the validity of the remainder of this indemnification. 9. INSURANCE Contractor and its subcontractors must maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance must cover risks arising directly or indirectly out of Contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the Contractor must provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor will 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 (CG 2010 1185 or equivalent). This coverage must include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate $2,000,000 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 B. Commercial Automobile Insurance Contractor must also obtain, at Contractor’s expense, and keep in effect during the term of the contract, Commercial Automobile Liability coverage including coverage for all owned, hired, and non-owned vehicles on an “occurrence” form. The Combined Single Limit per occurrence may not be less than $2,000,000. If Contractor uses a personally-owned vehicle for business use under this contract, the Contractor will obtain, at Contractor’s expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an “occurrence” form. The Combined Single Limit per occurrence may not be less than $2,000,000. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 5 | P a g e On-Call Arborist Services 32500025 C. Workers’ Compensation Insurance The Contractor, its subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law must comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. 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 workers’ compensation coverage. All non-exempt employers must provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. Additional Insured Provision All required insurance policies, other than Workers’ Compensation and Professional Liability, must name the City its officers, employees, agents, and representatives as additional insureds with respect to this Agreement. E. Insurance Carrier Rating Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. F. Self-Insurance The City understands that some contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If Contractor is self-insured for commercial general liability or automobile liability insurance, Contractor must provide evidence of such self-insurance. Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, Contractor will furnish a Certificate of Insurance to the City. No contract is effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. H. Primary Coverage Clarification The parties agree that Contractor’s coverage is primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 6 | P a g e On-Call Arborist Services 32500025 I. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability policies required by this Agreement. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office contractspurchasing@tigard-or.gov At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance will not be construed to limit Contractor’s liability hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this Agreement. 10. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS All notices, bills and payments will be made in writing and may be given by personal delivery, mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses will be used to transmit notices, bills, payments, and other information: CITY OF TIGARD TODD PRAGER & ASSOCIATES, LLC Attn: Sambo Kirkman Attn: Todd Prager Address: 13125 SW Hall Blvd Tigard, OR 97223 Address: 601 Atwater Road Lake Oswego, Oregon 97034 Phone: (503) 718-2490 Phone: (971) 295-4835 Email: sambo.kirkman@tigard-or.gov Email: todd@toddprager.com Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when so faxed, upon successful fax. In all other instances, notices, bills and payments will be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices, bills, and payments are to be given by giving written notice pursuant to this paragraph. 11. SURVIVAL The terms, conditions, representations, and warranties contained in this Agreement survive the termination or expiration of this Agreement. 12. MERGER This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 7 | P a g e On-Call Arborist Services 32500025 Agreement. No modification of this Agreement will be effective unless and until it is made in writing and signed by both parties. 13. TERMINATION WITHOUT CAUSE At any time and without cause, City has the right in its sole discretion to terminate this Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this paragraph, City will pay Contractor for services rendered to the date of termination. 14. TERMINATION WITH CAUSE A. City may terminate this Agreement effective upon delivery of written notice to Contractor, or at such later date as may be established by City, under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Contractor, its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied, revoked, or not renewed. 4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if there is an assignment for the benefit of creditors of Contractor. Any such termination of this agreement under paragraph (A) will be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Contractor, may terminate the whole or any part of this Agreement: 1) If Contractor fails to provide services called for by this Agreement within the time specified, or 2) If Contractor fails to perform any of the other provisions of this Agreement, or fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from City, fails to correct such failures within ten (10) days or such other period as City may authorize. The rights and remedies of City provided above related to defaults (including breach of contract) by Contractor are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If City terminates this Agreement under paragraph (B), Contractor will be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, provided, that the City may deduct the amount of damages, if any, sustained by City due to breach of contract by Contractor. Damages for breach of contract include those Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 8 | P a g e On-Call Arborist Services 32500025 allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 15. ACCESS TO RECORDS City will 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. 16. HAZARDOUS MATERIALS Contractor will comply with all federal Occupational Safety and Health Administration (OSHA) requirements and all Oregon safety and health requirements. In accordance with OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical under normal conditions of use (for example, employees of a construction contractor working on-site), it is the responsibility of Contractor to provide the City with the following information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor will inform employees about any precautions necessary, an explanation of any labeling system, and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or mark such goods. 17. FORCE MAJEURE Neither City nor Contractor will be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled will within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification will not be the basis for a claim for additional compensation. Each party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 18. NON-WAIVER The failure of City to insist upon or enforce strict performance by Contractor of any of the terms of this Agreement or to exercise any rights hereunder should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 19. HOURS OF LABOR, PAY EQUITY In accordance with ORS 279B.235, the following are hereby incorporated in full by this reference: A. Contractor may not employ an individual for more than 10 hours in any one day, or 40 hours in any one week, except as provided by law. For contracts for personal services, as defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for all overtime the employees work in excess of 40 hours in any one week, except for Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 9 | P a g e On-Call Arborist Services 32500025 employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to 209 from receiving overtime. B. Contractor must give notice in writing to employees who work on a public contract, either at the time of hire or before commencement of work on the contract, or by positing a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work. C. Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits or other compensation with another employee or another person and may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits or other compensation with another employee or another person. D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a material element of this Agreement and failure to comply will be deemed a breach that entitles City to terminate this Agreement for cause. 20. NON-DISCRIMINATION Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances applicable to the provision of services under this Agreement, including, without limitation: A. Title VI of the Civil Rights Act of 1964; B. Section V of the Rehabilitation Act of 1973; C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act (ADAAA) of 2008 (Pub L No 101- 336); and D. ORS 659A.142, including all amendments of and regulations and administrative rules, and all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 21. ERRORS Contractor will perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 22. EXTRA (CHANGES) WORK Only the City’s Project Manager for this Agreement may change or authorize additional work. Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to adjust the contract price or contract time due to such unauthorized extra work and Contractor will not be entitled to compensation for the performance of unauthorized work. 23. WARRANTIES Contractor will guarantee work for a period of one year after the date of final acceptance of the work by the owner. Contractor warrants that all practices and procedures, workmanship and materials are the best available unless otherwise specified in the profession. Neither Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 10 | P a g e On-Call Arborist Services 32500025 acceptance of the work nor payment therefore relieves Contractor from liability under warranties contained in or implied by this Agreement. Any intellectual property rights delivered to the City under this Agreement and Contractor’s services rendered in the performance of Contractor’s obligations under this Agreement, will be provided to the City free and clear of any and all restrictions on or conditions of use, transfer, modification, or assignment, and be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. 24. ATTORNEY'S FEES In the event an action, suit of proceeding, including appeal, is brought for failure to observe any of the terms of this Agreement, each party is responsible for that party’s own attorney fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal. 25. CHOICE OF LAW, VENUE The provisions of this Agreement are governed by Oregon law. Venue will be the State of Oregon Circuit Court in Washington County or the U.S. District Court for Oregon, Portland. 26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor will comply with all applicable federal, state and local laws, rules and regulations applicable to the work in this Agreement. 27. CONFLICT BETWEEN TERMS In the event of a conflict between the terms of this Agreement and Contractor’s proposal, this Agreement will control. In the event of conflict between a provision in the main body of the Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will control. 28. AUDIT Contractor will maintain records to assure conformance with the terms and conditions of this Agreement and to assure adequate performance and accurate expenditures within the contract period. Contractor agrees to permit City, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 29. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions will not be impaired unless the illegal or unenforceable provision affects a significant right or responsibility, in which case the adversely affected party may request renegotiation of the Agreement and, if negotiations fail, may terminate the Agreement. 30. COMPLIANCE WITH TAX LAWS Contractor represents and warrants that Contractor is, to the best of the undersigned’s knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620 and ORS Chapters 316, 317, and 318. Contractor’s failure to comply with the tax laws of this Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 11 | P a g e On-Call Arborist Services 32500025 state or a political subdivision of this state before the Contractor executed this Agreement or during the term of this Agreement is a default for which the City may terminate this Agreement and seek damages and other relief available under the terms of this Agreement or applicable law. IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their duly authorized officials. CITY OF TIGARD TODD PRAGER & ASSOCIATES, LLC By: __________________________________ By: __________________________________ Name: _______________________________ Name: _______________________________ Title: ________________________________ Title: ________________________________ Date: ________________________________ Date: ________________________________ Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Principal 9/4/2024 Todd Prager X Interim Community Development Director Sambo Kirkman 10/1/2024 12 | P a g e On-Call Arborist Services 32500025 EXHIBIT A SERVICES TO BE PROVIDED INTRODUCTION The City of Tigard is committed to preserving, enhancing, and maintaining its urban forest. The City's trees provide an important backdrop for life in Tigard. The city’s American Planning Association award winning Urban Forestry Master Plan established the goal that “Tigard’s urban forest is valued and protected by residents as a thriving interconnected ecosystem managed to improve quality of life, increase community identity, and maximize aesthetic, economic, and ecological benefits.” Additionally, Tigard is a Tree City USA, as recognized by the National Arbor Day Foundation, and this is the 24th year that Tigard has received recognition for its urban forestry management efforts. Given this proud history, Tigard seeks a contractor to provide support to the urban forestry program that will maintain the highest quality work standards and professionalism. SCOPE OF WORK Services performed under this contact may include: A. Conduct tree risk assessments using International Society of Arboriculture Standards for trees on both private and public properties. B. Prepare written reports and recommendations for city staff on tree risk assessments and abatement options. C. Determine the replacement value of trees using The Guide for Plant Appraisal, Current Edition. when illegal tree removal occurs. D. Perform written completeness reviews for city staff on the tree/urban forestry plan component of land use applications. E. Provide written comments and recommended conditions of approval for city staff on the tree/urban forestry plan component of land use applications. F. Perform compliance inspections of the tree/urban forestry plan component of land use permits during the development process. G. Provide written compliance inspection reports during the development process. H. Provide evaluations, comments and written reports on tree permits outside the land use process. I. Review of Development Code updates and internal procedures for consistency with Urban Forestry Code regulations. J. Other Arborist Services as needed. SCHEDULE MILESTONES Work under this Agreement will be initiated on an as needed basis on a per Task Order basis. There is no guarantee of work under this Agreement. RATES Billing Rate: $210/hour Mileage: Current IRS mileage rate Printing, mailing, lab testing, and subconsultant costs: at cost with no markup Adjustment of rates will be considered upon written request from Contractor. Approval of a request for rate increases is solely within the City’s discretion and under no circumstances is the City obligated to approve such a request. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC 13 | P a g e On-Call Arborist Services 32500025 Rate increases are subject to the following limitations:  No increases will be granted during the initial term of this Agreement;  No more than one increase will be granted annually;  Fee increases cannot be retroactive. Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC City of Tigard REQUEST FOR PROPOSALS For On-Call Arborist Services Prepared by: Todd Prager, RCA #597, ISA Board Certified Master Arborist, Tree Risk Assessment Qualified, AICP Todd Prager & Associates, LLC 8/11/2024 Exhibit B Contractor's Proposal Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Table of Contents Introduction .................................................................................................................................................. 1 Proposed Approach and Understanding ..................................................................................................... 2 Firm and Team Member Qualifications and Experience ............................................................................. 8 Similar Project Experience ........................................................................................................................... 9 References ..................................................................................................................................... 11 Proposed Cost of Services .......................................................................................................................... 12 COBID Certification..................................................................................................................................... 13 Attachments (Resumes) ............................................................................................................................. 14 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road • Lake Oswego, OR 97034 Phone: 971-295-4835 • Email: todd@toddprager.com • Website: toddprager.com City of Tigard Attn: Rosie McGown 13125 SW Hall Boulevard Tigard, OR 97223 Todd Prager & Associates, LLC is pleased to provide this proposal for On-Call Arborist Services. We look forward to the possibility of working with the City of Tigard on a variety of urban forestry issues including but not limited to: tree risk assessments, tree appraisals, urban forestry plan reviews for development, inspections for compliance with approved urban forestry plans, reviewing and providing recommendations for pending non-development tree permits, and providing reviews and recommended improvements to the Development Code and internal procedures . Todd Prager will be the main point of contact for these services. Todd has over 22 years of experience working with public agencies in arboriculture, urban forestry, and current and long-range planning. Todd has deep ties with Tigard serving as City Arborist from 2007 to 2012 and providing on-call consulting services from 2012 through present for Planning, Public Works, and Redevelopment. In addition to being an ISA Board Certified Master Arborist, Todd’s background in urban planning provides him with unique expertise in integrating trees with the built environment. Todd’s past efforts in Tigard have been recognized with the following awards: • Oregon Urban and Community Forestry Award, Outstanding Leadership • American Planning Association Award, Best Practice in Planning • Oregon Planning Association Award, Professional Achievement in Planning Todd Prager & Associates, LLC is a COBID ESB (Oregon Certification #: 13724). Please contact me if you have any questions about this proposal. Sincerely, Todd Prager ASCA Registered Consulting Arborist® #597 ISA Board Certified Master Arborist®, WE-6723B ISA Qualified Tree Risk Assessor® AICP, American Planning Association ASCA Tree & Plant Appraisal Qualified® Page 1 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road • Lake Oswego, OR 97034 Phone: 971-295-4835 • Email: todd@toddprager.com • Website: toddprager.com 1. Proposed Approach and Understanding This section includes a detailed description of the approach that Todd Prager & Associates will take to accomplish each task identified in the scope of work. The most critical elements of each task are identified along with the team members that will be performing each task. Task A. Conduct tree risk assessments using International Society of Arboriculture Standards for trees on both private and public properties. Approach: Upon receiving a request to conduct a tree risk assessment, Todd Prager & Associates will dispatch a TRAQ qualified arborist to conduct a Level 2 visual assessment of the tree from the ground according to ISA standards. If an emergency situation is identified by the arborist while on site, the arborist will immediately notify the City and take appropriate action to limit the potential for people and/or property to be damaged. Todd Prager & Associates will also provide their findings to the City in writing. If warranted based on the opinion of the arborist and approved by the City, the arborist may conduct an advanced Level 3 assessment to further evaluate the health, condition, and structural stability of the tree. The tools and techniques for the advanced assessment may include but not be limited to aerial inspection, decay testing using an increment borer, drilling with a small diameter bit, resistance- recording drilling, and/or sonic tomography. Critical Elements: Identifying the urgency of the tree risk assessment will be critical. If necessary, Todd Prager & Associates can dispatch a TRAQ qualified arborist immediately upon request. Otherwise, the assessment can be scheduled in a timely manner if there is not an emergency. Also, it will be important to identify the format of the evaluation. Todd Prager & Associates can complete tree risk assessments using both the qualitative format developed by the ISA and the numerical ranking format developed by the City of Tigard in the Urban Forestry Manual. Team Members: Todd Prager, Christine Johnson, and Rick Till are designated as TRAQ qualified by the ISA. Therefore, all three are qualified to conduct tree risk assessments. Todd will be the initial point of contact for tree risk assessments and depending on his availability and specific tree issues in question, he will either conduct the assessment himself or Christine or Rick will complete the assessment. Task B. Prepare written reports and recommendations for City staff on tree risk assessments and abatement options. Page 2 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Approach: After completing the fieldwork for the assessment described in Task A, Todd Prager & Associates will prepare a written a report and recommendation on the tree risk assessment and abatement options. The report will include information on any significant health, condition, and/or structural issues, and options for addressing the issues. If using the qualitative format developed by the ISA, the report will include the ISA risk rating and risk mitigation options. If using the numerical ranking format developed by the City of Tigard, the numerical risk rating and abatement options will be provided in the format specified in the Urban Forestry Manual. Finally, the time frame for the likelihood of failure of the tree or tree part in the assessment will be specified. Todd Prager & Associates will be available to discuss the findings of the report with the City to ensure there is a full understanding of the report content. Critical Elements: Identifying the format of the written report (ISA Qualitative or City of Tigard Numerical) will be critical to ensure the deliverables are in a format that is most useful to the City. Of equal importance is Todd Prager & Associates' availability to discuss the findings of the report so the City has a full understanding of the content. Team Members: Todd Prager, Christine Johnson, and Rick Till are qualified to conduct tree risk assessments. The person writing the report will be the same as the person who completed the field assessment. However, Todd, Christine, and Rick will peer review one another's work before finalizing the report and sending to the City. Task C. Determine the replacement value of trees using The Guide for Plant Appraisal, Current Ed. when illegal tree removal occurs. Approach: Todd Prager & Associates will use The Guide for Plant Appraisal, Current Ed. when determining the replacement value of illegally removed trees. The typical method for determining replacement value is the trunk formula technique which takes into account the size and species of the tree, along with any functional and external limitations of the tree. Todd Prager & Associates will use these criteria to provide a written report to the City summarizing the appraisal and attach the detailed calculations that were used to determine replacement value. Critical Elements: The most critical element of this task is to provide the City with the replacement value and methodology in writing. This helps to substantiate the basis for determining the value and provides the City with documentation for record keeping purposes and/or if there are disputes with the responsible party. Team Members: Both Todd Prager and Christine Johnson are experienced at determining the replacement value of trees using The Guide for Plant Appraisal. Todd and Christine are both ASCA Tree Risk Assessment Qualified. Todd will be the initial point of contact for determining replacement value and depending on his availability and specific tree issues in question, he will either conduct the appraisal himself or Christine will complete the appraisal. Todd & Christine will peer review one another's work before finalizing the report and sending to the City. Task D. Perform written completeness reviews for City staff on the tree/urban forestry plan component of land use applications. Page 3 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Approach: Prior to performing a completeness review, Todd Prager & Associates will work with City staff to determine the applicable code standards to be reviewed. Todd Prager & Associates will then write out the applicable code standards in table format and provide a concise reason for whether the code requirement has been met. Todd Prager & Associates will be available to discuss the findings of the completeness review with the City to ensure there is a full understanding of the review. Critical Elements: The most critical element of performing a completeness review is identifying the applicable code standards. This allows for the City and consultant to focus on the requirements for a complete application. Team Members: Todd Prager will be the point of contact for this task. Completeness reviews will either be completed by Todd, Christine, or Rick since all three are familiar with the City of Tigard Code. Task E. Provide written comments and recommended conditions of approval for City staff on the tree/urban forestry plan component of land use applications. Approach: Todd Prager & Associates will work with City staff to determine the applicable code standards for which the City would like comments. Todd Prager & Associates will then write out the applicable code standards and provide findings regarding whether each code requirement has been met. These findings may be used by City staff when writing their staff reports. In addition, Todd Prager & Associates will provide recommended conditions of approval if certain components of the tree/urban forestry plan requirements are not met and/or if the conditions will serve to implement the code. Finally, Todd Prager & Associates will be available to discuss the comments and recommended conditions of approval with the City to ensure there is a full understanding of the comments and recommendations. Critical Elements: When providing comments and recommended conditions of approval, it is critical that the comments and recommendations specifically address the code requirements. Therefore, it is important for the City and consultant to identify the relevant code requirements for each land use application for which comments and recommendations are requested. Team Members: Todd Prager will be the point of contact for this task. Comments and recommended conditions will either be completed by Todd, Christine, or Rick since all three are familiar with the City of Tigard Code. Task F. Perform compliance inspections of the tree/urban forestry plan component of land use permits during the development process. Approach: Upon receiving a request to perform a compliance inspection, Todd Prager & Associates will conduct a site visit to determine compliance with the tree/urban forestry plan component of the land use permit during the development process. When performing inspections, the approved plans will be utilized to evaluate whether the conditions in the field meet or exceed the plan. If an emergency such as active illegal tree removal is identified in the field, the arborist will immediately notify the City and take appropriate action to limit the potential for further violations. Todd Prager & Page 4 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Associates will also provide their inspection results to the City in writing to create a record of the inspections. Critical Elements: It is critical that the compliance inspection be based off the approved plans for the project. This is the best way to determine compliance with the tree/urban forestry plan component of land use permits during the development process. Todd Prager & Associates will obtain copies of the approved plans prior to performing inspections. Team Members: Both Todd Prager, Christine Johnson, and Rick Till are experienced in performing compliance inspections during the development process. Todd will be the initial point of contact for compliance inspections and depending on his availability, he will either conduct the inspection himself or Christine or Rick will complete the inspection. Task G. Provide written compliance inspection reports during the development process. Approach: Following the compliance inspections described in Task F above, Todd Prager & Associates will provide their inspection results to the City in writing to create a record of the inspections. Options for the format of compliance inspection reports include a table which provides information in an organized format and allows the City to quickly track compliance issues and resolution dates from week to week. Alternatively, a more detailed report format with photos and narrative text could be used when reporting on specific issues such as tree damage or removal that may lead to enforcement action. Todd Prager & Associates will coordinate the specific report format with the City prior to the inspection and will provide written inspection results within one week of the site visit. Critical Elements: It will be critical for the City and consultant to coordinate the desired inspection report format and key information prior to the site visit. This will help to ensure the consultant is collecting and reporting the information in a format that will be most useful for the City's purposes. Team Members: Todd Prager, Christine Johnson, and Rick Till are experienced in providing written compliance inspections during the development process. The person writing the compliance inspection report will be the same as the person who completed the site inspection in Task F. Task H. Provide evaluations, comments and written reports on tree permits outside the land use process. Approach: When called upon to provide evaluations, comments, and written reports on tree permits outside the land use process, Todd Prager & Associates will first request the tree permit application materials for review. The application materials will describe the tree, its location, and the reasons for removal. After conferring with City staff regarding the City's need for information, Todd Prager & Associates will then typically perform a site visit to determine whether they concur with the information in the application materials. Finally, Todd Prager & Associates will provide comments and written reports on the tree permit in terms of whether the code and Urban Forestry Manual requirements are met, and any other information requested by City staff. Page 5 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Critical Elements: The most critical element for this task is conferring with City staff regarding the City need for information on the tree permit. Typically City staff will request information when input on items such as tree risk or health are needed and cannot be determined by internal staff. Identifying the City's needs prior to a site visit will help ensure the evaluation and subsequent comments and reports meet the City's needs. Team Members: Todd Prager, Christine Johnson, and Rick Till are experienced in providing evaluations, comments, and written reports on tree permits outside the land use process. Todd will be the initial point of contact for this task and depending on his availability, he will either conduct the task himself or Christine or Rick will complete the task. Task I. Review of Development Code updates and internal procedures for consistency with Urban Forestry Code regulations. Approach: When the Development Code and internal procedures are updated, Todd Prager & Associates will request a copy of the updates and evaluate them for consistency with existing Urban Forestry Code regulations. Todd Prager will be the primary point of contact for this task since he served as project manager and consultant for the Urban Forestry Code update and implementation of procedures and thus has extensive knowledge of how the Urban Forestry Code ties into the overall Development Code. Todd will provide his comments to the City in writing and identify any conflicts with the Urban Forestry Code. Critical Elements: The most critical element for this task is for the consultant to receive a track changes version of the updated code or procedures. This will help to clearly identify the aspects of the code or procedure that have changed so it can be evaluated for consistency with the Urban Forestry Code. Team Members: Todd Prager will be the point of contact for this task due to his familiarity with the City of Tigard Code. Task J. Other Arborist Services as needed. Approach: Todd Prager & Associates is capable of providing a full range of arborist services not identified in the tasks above. Upon request, Todd Prager & Associates will be available to perform other arborist services as needed. Critical Elements: Communication of the scope of these additional arborist services will allow Todd Prager & Associates to provide the services as needed. Team Members: Todd Prager, Christine Johnson, and Rick Till are capable of providing a full range of arborist services. Todd will be the initial point of contact and depending on his availability, he will either complete the services himself or Christine or Rick will complete the services. Page 6 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Project Management. Todd Prager will serve as the lead consultant in coordinating with the City’s project manager. Todd’s process involves meeting with the client (e.g. development review team, long range planning, code enforcement, etc.) as needed to identify work requests, track work products, and monitor progress. Internally, Todd Prager & Associate’s team has a process for completing deliverables on schedule and within budget. We have a shared project tracking sheet which we review weekly that identifies deadlines, hours budgeted, and job status. We coordinate between team members for assistance as needed to ensure deadlines are met. All work products are peer reviewed before delivery. Below is an example of the job tracking sheet (active projects are highlighted): Page 7 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com 2. Firm and Team Member Qualifications and Experience Table 1 includes the name, role, qualifications, prior experience, position, level of responsibility in the project, and time allocated to the project. Resumes for each team member are provided as an attachment to this proposal. Table 1: Summary of Consultant Qualifications, Roles, and Experience Todd Prager Christine Johnson Rick Till Role Principal Project Manager First Lead Consultant Primary Point of Contact Work Product Approval Senior Associate Second Lead Consultant Secondary Point of Contact Site Data Collection Work Product Generation Associate Site Data Collection Work Product Generation Education AS, Forestry, Bakersfield College BS, Env. Hort., UC Davis MS, Hort., UC Davis BS, Natural Resources and Env. Sciences, U. of Ill. MS, Forest Ecosystems and Society, OSU BA, Philosophy, WSU JD, Env. and Natural Resource Law, Lewis & Clark Law School Credentials ASCA RCA, ISA Board Certified Master Arborist, AICP, Tree Risk Assessment Qual., Tree & Plant Appraisal Qual. ASCA RCA, ISA Board Certified Master Arborist, ISA Tree Risk Assessment Qual., Tree & Plant Appraisal Qual. ISA Board Certified Master Arborist, ISA Tree Risk Assessment Qual., Certified Treecare Safety Professional Years of Experience 20 8 8 Prior Experience 2002-2006, City of San Francisco Urban Forestry Inspector 2007-2012, City of Tigard Arborist/Planner 2012-Present, Consulting Arborist 2017 Oregon Department of Forestry Natural Resource Specialist (Temp.) 2018-2020 Northwest Turf & Tree Arborist 2020-Present, Consulting Arborist 2006-2016 Friends of the Columbia Gorge Conservation Staff 2016-2024 Honl Tree Care Arborist 2024-Present, Consulting Arborist Position Principal Senior Associate Associate Level of Responsibility Primary Responsibility Staff Supervision Secondary Responsibility Secondary Point of Contact Staff Level (limited responsibility) Tree Risk Assessment Experience Yes Yes Yes Tree Appraisal Experience Yes Yes No Development Review & Inspection Experience Yes Yes Yes Non-Development Tree Permit Review Experience Yes Yes Yes Development Code Update Experience Yes Yes Yes Time Allocations 35% 40% 25% Page 8 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com 3. Similar Project Experience The following list includes recent examples of comparable consulting arborist services provided by Todd Prager & Associates and members of our team: City of Milwaukie Consulting Arborist Services On-call services for tree permit application reviews, development application reviews for tree preservation and planting, tree protection plan reviews, tree risk assessments, and other arborist services as needed for the City of Milwaukie. Provide findings, recommendations, and conditions of approval for land use reviews. City of Sandy Consulting Arborist Services On-call services for development application reviews for tree preservation and planting, tree protection plan reviews, and other arborist services as needed for the City of Sandy. Provide findings, recommendations, and conditions of approval for land use reviews. City of West Linn Consulting Arborist Services Services for code enforcement, tree appraisal, and expert witness reports and testimony as needed for the City of West Linn. City of Tigard Consulting Arborist Services On-call services for Tree City USA recertification and other arborist services as needed for the City of Tigard. City of Tigard Consulting Arborist for Downtown Redevelopment Projects On-call services for tree inventories, tree protection plans, tree risk assessments, construction monitoring and oversight, and tree mitigation for downtown redevelopment projects for the City of Tigard. Tree Risk Assessments in City of Lake Oswego Natural Areas Conducting comprehensive tree risk assessments for the City of Lake Oswego Parks Departments in naturals areas adjacent to residential zones. GPS mapped tree locations and provided risks assessments, risk ratings, and mitigation recommendations for assessed trees. Consulting Arborist for Lake Oswego State of the Urban Forest Report Provided consulting arborist services for Parametrix in developing Lake Oswego’s State of the Urban Forest Report. Analyzed permit data, canopy mapping, existing City programs, local and regional climate trends, urban forest threats, and other data to provide findings for the State of the Urban Forest Report. Consulting Arborist for City of Portland Urban Forest Plan Update Providing consulting arborist services for the update to the City of Portland Urban Forest Plan. Analyzing permit data, canopy mapping, existing City programs, local and regional climate trends, urban forest threats, and other data to provide findings and recommendations for the Portland State of the Urban Forest Report. Also attending and presenting at Technical Advisory Committee meetings, public open Page 9 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com houses, staff meetings, and other events to receive input on the plan update. Providing strategies and actions for the plan update. City of Beaverton Tree Code Audit Project Served as consulting arborist for a comprehensive audit of Beaverton’s tree code. The work involved a review of both the development and non‑development portions of the existing tree code, best practice case study research, and engaging staff and local stakeholders in interviews and focus groups. The final deliverables were a Tree Code Best Practices and Alternatives Report summarizing the tree‑related policies and regulations of other jurisdictions in the region to identify potential best practices and alternative approaches. Additionally, a Tree Code Audit Report deliverable diagnosed the key issues with the tree code to inform future planning processes and policy discussions around how the City might approach tree regulations. These reports will inform future urban forest planning or tree code updates. Consulting Arborist for Cooper Mountain Tree Code Update Assisted the City of Beaverton in developing new natural resource and tree regulations for its urban growth boundary expansion area at Cooper Mountain. Given the many important natural resources present in the expansion area, different policy and regulatory approaches were necessary for this area as opposed to the rest of the City. Todd Prager & Associates developed a series of policy concept approaches to natural resource and tree protection, and provided technical assistance for development code updates. This project may inform future updates to other tree code regulations for the rest of the City. Consulting Arborist for City of Milwaukie Tree Code Update This project integrated the development of middle housing, parking, and tree preservation and planting. Todd Prager worked with the City and community to audit their existing tree regulations, understand community goals, and prepare code revisions and other strategies for implementing community tree preservation and canopy goals consistent with the City’s Comprehensive Plan, Urban Forestry Management Plan, and Climate Action Plan. City of Vancouver Development Standards and Tree Impacts Evaluation This project involved reviewing Vancouver, WA’s development standards including lot coverage, setbacks, parking, and landscaping to understand the impacts on the City’s tree preservation and planting goals outlined in their Urban Forestry Management Plan. As part of the project Todd Prager & Associates researched development standards from several jurisdictions within the region and throughout the US and Canada. This information was delivered in report format and included recommendations for potential changes to tree planting and preservation standards. This project has entered the implementation phase and Todd Prager & Associates is currently assisting the City with development code updates. Page 10 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com Portland Streets 2035 Project This project involved creating a new framework for balancing uses including streets, sidewalks, utilities, and trees in Portland’s public rights-of-way. Todd Prager served as consulting arborist to provide technical expertise on the space allocation needs and design standards for trees in the public right-of-way. References Sean Farrelly, Redevelopment Manager, City of Tigard 503-718-2420, sean@tigard-or.gov Megan Big John, Parks and Recreation Director, City of West Linn 503-742-6047, mbigjohn@westlinnoregon.gov Rob Zoeller, Senior Planner, City of Beaverton 503-526-3730, rzoeller@BeavertonOregon.gov Additional references can be available upon request. Page 11 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com 4. Proposed Cost of Services All three of our staff consulting arborists (Todd Prager, Christine Johnson, and Rick Till) are highly trained and qualified with the top certifications from the International Society of Arboriculture. Our billing rate for each staff member is $210 per hour and mileage is charged at the current IRS rate. Normal administrative costs such as printing, mailing, lab testing and subconsultant costs such as sonic tomography and pneumatic excavation are charged at cost with no markup. Page 12 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager & Associates, LLC 601 Atwater Road · Lake Oswego, OR 97034 Phone: 971-295-4835 · Email: todd@toddprager.com · Website: toddprager.com 5. COBID Certification or Subcontractor / Supplier Utilization Todd Prager & Associates, LLC is a COBID ESB (Oregon Certification #: 13724). Page 13 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Todd Prager is a Consulting Arborist with professional experience in the industry since 2002. Todd is principal of the firm and manages the work schedules of three ISA certified arborists. He has provided consulting arborist and urban forestry management services for since 2004. 2012 – Present Consulting Arborist, Lake Oswego, OR • Consulting arborist/planner for municipalities. Activities include completing tree inventories including using sample plots and GPS based data collection; preparing reports and revisions to development codes, municipal codes, and urban forestry technical manuals; conducting tree risk assessments; determining the replacement value of illegally removed trees; performing land use reviews; recommending conditions of land use approval; conducting compliance inspections; and providing analysis and reports on tree removal permits. • Consulting arborist/planner for private firms and individuals. Activities include completing tree inventories including using sample plots and GPS based data collection, tree appraisals, tree risk assessments, natural resource delineations, preservation plans, mitigation options, arborist reports, tree permits, and land use applications/findings for development projects. 2007 – 2012 The City of Tigard, City Arborist/Planner, Tigard, OR • Completed tree inventories for public projects and reviewed tree inventories for private projects. • Created the City’s first GIS based publicly accessible tree inventory and populated the inventory with GPS based tree point data collection. • Served as project manager for the City’s Urban Forestry Code Revisions and Urban Forestry Master Plan projects. • Ensured public and private development projects adequately protected existing trees, and created new landscapes that provided increased tree canopy in compliance with City procedures, practices, and policies. • Conducted hazard tree evaluations and recommended abatement options in accordance with arboricultural practices and standards to protect public safety. • Performed appraisals of trees removed for public and private development projects in accordance with arboricultural practices and standards. 2002 – 2006 The City of San Francisco, Urban Forestry Inspector, Horticulturist, San Francisco, CA Todd Prager RCA #597 Principal | Consulting Arborist education: AS, Forestry, Bakersfield College BS, Environmental Horticulture, UC Davis MS, Horticulture, UC Davis registrations: ASCA RCA #597 ISA Board Certified Master Arborist WE-6723B AICP Tree Risk Assessment Qualified ASCA Tree & Plant Appraisal Qualified years of experience: in industry: 22 affiliations: ASCA, ISA, PNW-ISA, APA, OR APA awards: Distinguished Service Award for the Lake Oswego Planning Commission Oregon Urban and Community Forestry Award for Outstanding Leadership American Planning Association Award for Best Practice in Planning Oregon Planning Association Award for Professional Achievement in Planning Page 14 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Christine Johnson is a Consulting Arborist with professional experience in the industry since 2017. Christine earned her Master of Science degree in Forest Ecosystems and Society from Oregon State University in 2017 where she researched the challenges to implementing low impact development in small, rural Oregon cities. After working at a tree care company for several years, Christine made the transition to arboricultural consulting. She has provided consulting arborist and urban forestry management services for public and private clients since 2016. 2020 – Present Consulting Arborist, Lake Oswego, OR • Serve municipal, residential, and commercial clients in the Pacific Northwest with tree inventories, tree risk assessments, landscape appraisals, tree evaluations, and permit assistance. • Collaborate with architects, builders, landscapers, and other development project partners on best practices for tree protection, retention, preservation, and management. 2018 – 2020 Northwest Turf & Tree, Clackamas, OR • Oversaw arboriculture operations for eight (8) employees with novice to expert experience. Responsibilities included sales, scheduling, safety, and training. • Wrote detailed arborist reports as requested by commercial clientele. Topics include but are not limited to required tree inventories for development projects within the City of Portland, tree health assessment, tree risk assessment, and property disputes. • Proactively communicated with property managers, landscape architects, subcontractors and suppliers on tree removal and renovation projects. 2017 Natural Resource Specialist 1 (Temporary), Oregon Department of Forestry, Salem, OR • Developed, organized, and coordinate outreach materials for Oregon State University’s Extension website, Oregon Stormwater Solutions, launched in Fall 2017. • Develop print and online materials for the general public on the benefits of green infrastructure (GI) best management practices. • Assist with programmatic urban and community forestry outreach to Oregon cities, serving as a consultant, reviewer, and soundboard for questions associated with urban forestry and GI planning, policy, implementation, and maintenance. Christine Johnson RCA #823 Senior Associate | Consulting Arborist education: BS, Natural Resources and Environmental Sciences, University of Illinois at Urbana-Champaign MS, Forest Ecosystems and Society, Oregon State University registrations: ASCA RCA #823 ISA Board Certified Master Arborist PN-8730B ISA Tree Risk Assessment Qualified ASCA Tree & Plant Appraisal Qualified years of experience: in industry: 8 affiliations: ASCA, ISA, PNW-ISA volunteer experience: Chair of the City of Gresham Urban Forestry Commission State of Oregon Community Green Infrastructure Advisory Committee ASCA Editorial Review Board PNW-ISA, 2021 Virtual Conference Crew Leader, Friends of Trees Page 15 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC Rick Till is a Consulting Arborist with professional experience in the arboriculture industry since 2016. Rick earned his JD in Environmental and Natural Resources Law from Lewis & Clark Law School in 2004. He has consulted and worked professionally in the natural resource and arboriculture industry in a variety of capacities included being a seasonal ranger for the US Forest Service, restoring native habitats in Portland, advocacy work for Friends of the Columbia Gorge, and serving as a consulting arborist and crew leader since 2016 in Oregon. He has provided consulting arborist and urban forestry management services for public and private clients since 2016. 2024 – Present Consulting Arborist, Lake Oswego, OR • Serve municipal, residential, and commercial clients in the Pacific Northwest with tree inventories, tree risk assessments, landscape appraisals, tree evaluations, and permit assistance. • Collaborate with architects, builders, landscapers, and other development project partners on best practices for tree protection, retention, preservation, and management. 2016 – 2024 Honl Tree Care, Portland, OR • Performed arboricultural services in Portland metropolitan area consistent with ANSI safety and arboricultural standards and ISA Best Management Practices. Proficient in tree climbing, including moving rope systems and stationary rope systems. Exceptional pruning skills. Proficiency with installation of supplemental support systems. Proficient in moderate complexity removals. • Highly proficient as crew leader and complex job site management. Served as lead on safety and training since 2018. Assist in managing all field operations. • Perform sales and consultation work, including tree inventory work and tree preservation plans required by local municipalities. 2006 – 2016 Friends of the Columbia Gorge, Portland, OR • Worked with legal and conservation staff to advocate for the protection of the Columbia River Gorge National Scenic Area (CRGNSA). • Responsibilities entailed commenting on all permitting and regulatory proposals that could impact the scenic, natural, cultural, and recreational resources of the CRGNSA; oral advocacy at administrative hearings; and collaborative support on litigation, in cluding extensive legal research and drafting legal briefs. • Obtained advanced understanding in the application of multiple local, state, and federal statutes protecting the scenic, natural, cultural, and recreation resources of the Columbia River Gorge. Rick Till ISA Board Certified Master Arborist PN-8358B Associate | Consulting Arborist education: BA, Magna Cum Laude, Philosophy, Washington State University JD, Cum Laude, Environ. and Natural Resource Law Lewis & Clark Law School registrations: ISA Board Certified Master Arborist PN-8358B ISA Tree Risk Assessment Qualified Certified Treecare Safety Professional 04200 years of experience: in industry: 8 affiliations: ASCA, ISA, PNW-ISA, Tree Care Industry Association volunteer experience: PNW-ISA, Governance Director Friends of Trees Natural Area Program Crew Leader City of Portland Street Tree Inventory Team Director, At-Large Position 1, East Multnomah Soil and Water Conservation District Page 16 of 16 Docusign Envelope ID: CF0B31A6-138F-40E2-9A55-2A07A14B17BC