Loading...
Harris Stream Services ~ CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO STREAM ENHANCEMENT & RESTORATION THIS AGREEMENT made and entered into this 13th of April, 2005 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Harris Stream Services, hereinafter called Contractor. RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services; and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE, The parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to Stream Enhancement & Restoration as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed together with an executed copy of this Agreement. This Agreement shall become effective on July 1, 2005 and shall expire, unless otherwise terminated or extended, on June 30, 2006. The City retains the right to four (4) additional one (1) year options for the work. The total duration of this agreement shall not exceed five(5) years. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor the rates assigned in Exhibit B, "Pricing Matrix", for those services Contractor provides under this agreement. The City's total expenditures shall not exceed Fifty Thousand and 00/100 Dollars ($50,000.00) over the life of this contract to any one Contractor providing Stream Enhancement & Restoration services. Services shall be billed at the rates assigned in Exhibit B, "Pricing Matrix". Payments shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. General Services Agreement-09-11-03 Rev.-09/17/03 F. 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 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 shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: Contract Manager for City Contract Manager for Contractor City of Tigard Company:Harris Stream Services Attn: Matt Stine Attn: Andrew Harris 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 2270 Arbor Drive,West Linn, OR 97068 Phone: (503)639-4171 ext. 2589 Phone: 503-866-0901 Fax: 503-684-8840 Fax: Email Address: mstine@ci.tigard.or.us Email Address: harrisstreamservices@comcast.net 7. TERMINATION This contract may be terminated by mutual consent of both parties or by the City at its full discretion with a thirty (30) day written notice. 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. 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 9. FORCE MAJEURE Neither City nor Contractor shall 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, natural disaster, war, civil unrest, General Services Agreement-09-11-03 Rev.-09/17/03 1 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 shall 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 shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 1.1. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. 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 any goods or services which require the use of a vehicle, 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 General Services Agreement-09-11-03 Rev.-09/17/03 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 All coverage 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 carriers) 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. 20. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert), attorney's fees and court costs on appeal. 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 22. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. General Services Agreement-09-11-03 Rev.-09/17/03 23. 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 shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both 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 Contractor 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 OF TIGARD Approved b d's Local Contract Review Board on: By: Authirized City staff person letting contract Date CONTRACTOR Y,,qlz,t By: Company Name Print Name&Title of A horized Re r entative C , J., � Sign Name Date General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT A SCOPE OF SERVICES The services to be provided under this agreement shall include, but are not limited to, the following: This services agreement covers the restoration and protection of watersheds for fish, wildlife, riparian and native species and for habitat conservation activities, including but not limited to planning, coordination, assessment, implementation, restoration, inventory, information management, and monitoring activities. The long-term protection of the water resources, including sustainable watershed functions, of this city is an essential component of Tigard's environmental stewardship goals. Each watershed in Tigard is unique, requiring different management techniques and programs. Assessing the conditions in each watershed is vital to: 1. Determine the quality of the existing environment, 2. Identify the causes for declines in habitat, fish and wildlife populations and water quality, 3. Assist with the development of action plans for watersheds that will achieve protection and restoration objectives. A. DURATION OF AGREEMENT This agreement will become effective upon execution and will be for a period of one year with the option to renew for four additional one-year periods. The total life of the agreement may not exceed five years. Awarded Contractor shall not begin any work on any given project until formal notice to proceed is given by the City's Contract Manager. B. SUBJECT MATTER OF WORK When requested to do so by the City, Contractor may submit quotes for the following services: 1. Category 1: planning, site preparation, plant protection and plant maintenance. 2. Category 2: irrigation services. C. PROJECT ASSIGNMENT 1. The City reserves the right to use alternate Contractors for any project that may arise if it is deemed to be in the City's best interest to do so. 2. Prior to the City assigning any project to the awarded Contractor, there may be a pre- project meeting, the purpose of which will be to enable the awarded Contractor to ask questions concerning the project and to clarify any uncertainties concerning the project prior to their providing a time and cost estimate to the City. 3. Prior to work on a project, awarded Contractor shall provide the City with a project estimate which includes a time estimate and hourly unit prices, as well as a total project estimated cost. 4. In additional, before the awarded Contractor begins a project, the Contractor shall prepare and submit to the City's Contract Manager, a written work plan detailing the Contractor's work schedule, including milestones, and project approach under which the work will be completed. All work must be completed no later than the deadline established by the City's Contract Manager. General Services Agreement-09-11-03 Rev.-09/17/03 D. UNIT PRICES 1. All project estimates shall be based upon the hourly and unit prices that will be contained in the agreement between the City and the awarded Contractor. These costs shall be based upon the awarded Contractor's response to this RFP. The City may, at its sole discretion, require estimates to be based upon another method for certain projects. Under certain circumstances, the City may ask for project estimates based upon a "per acre" basis. The City will calculate acreage to the closest tenth of an acre using a horizontal plane and without regard to slope. The minimum project site size for payment purposes will be .3 of an acre. Contractor shall not be entitled to reimbursement for expenses incurred in providing the services unless agreed upon in written with the City. E. ITEMS PROVIDED BY THE CITY The City shall dispense all plant material, mulch and water to the target site. F. WORK TASK DESCRIPTIONS 1. Site Preparation—Area Spray When directed to do so by the City, Contractor shall spray areas of invasive vegetation with herbicide. "Noxious weed" is vegetation that is designated by the Oregon Department of Agriculture (ODA) as noxious or invasive. Contractor shall avoid damaging existing native vegetation during spraying. "Native vegetation" is vegetation that is indigenous to a particular ecosystem type. 2. Site Preparation—Spot Spray When directed to do so by the City, Contractor shall spot spray invasive vegetation with an approved herbicide. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid damaging existing native vegetation during spraying. 3. Site Preparation—Mow/Cut Contractor shall remove invasive species using manual (e.g., sheering) or mechanical (i.e., weed whipping or mowing) means to control invasive vegetation. Contractor shall avoid damaging existing native vegetation when conducting these activities. 4. Site Preparation—Cut and Remove Blackberries Contractor shall remove blackberry using manual (e.g., chain sawing or flail mowing) means. Contractor shall avoid damaging existing native vegetation when conducting these activities. S. Site Preparation—Circle Scalp When directed to do so by the City, Contractor shall prepare individual planting spots by scraping away all live and dead vegetation, roots and rhizomes from a 16-inch diameter circle. Where the slope of the ground is greater than 20%, Contractor shall also construct a flat planting area. 6. Site Preparation—Seed Application When directed to do so by the City, Contractor shall seed project sites with native plants using hand or machine seed spreaders General Services Agreement-09-11-03 Rev.-09/17/03 7. Site Preparation-Grading or Filling When directed to do so by the City, Contractor shall grade soil or add soil if required by the project's guidelines. 8. Site Preparation—Straw Application When directed to do so by the City, Contractor shall spread the City approved straw at project sites for erosion control. 9. Planting—Bamboo Staking If directed to do so by the City's site inspector, Contractor shall install stakes adjacent to planted trees and shrubs. Stakes shall be driven vertically into the ground at a location four inches from the base of the plant, and to a depth of 12 inches. Contractor shall stake each plant on the date it is planted, even if the plant has been designated for plant protection. 10. Planting—Mulch Application If directed to do so by the City, Contractor shall place mulch in the form of wood chips or shavings around each planted plant. Five gallons of mulch shall be used for each plant, and the mulch shall be spread to a depth of two inches without covering the plant stem. The City's site inspector may change the quantity and kind of mulch material when warranted by site conditions. 11. Plant Protection—Tube Installation If requested to do so by the City's site inspector, Contractor shall install plant tubing on selected plants. All tubing shall be installed on the day of planting. The City's site inspector shall determine which plants are to receive tubing. Contractor shall position the bottom end of the tube so that it is in full contact with the ground. The tube shall be centered on the plant, and shall be installed so that it remains in full contact with the ground when subjected to a moderate upward tug. The maximum allowed lean of the tube is two inches from vertical, measured from the top of the tube. Contractor shall not damage the plant during tube installation. Plants with skinned bark, a broken terminal leader, a curled leader inside the tube, or a leader protruding through the side of the tube will be subject to rejection by the City. Unless otherwise directed by the City's site inspector, Contractor shall anchor each plant tube with one bamboo stakes. A three-foot stake shall be woven vertically through the tube webbing a minimum of four times and shall be driven into the ground to a depth of 10 inches. Where rocky ground prevents driving the stake to the full depth on the first attempt, the stake shall be moved to a location where the tube can be driven to a depth where it securely holds the tube. If such a location does not exist, Contractor shall notify the site inspector and the site inspector will determine whether tubing should be used at the location in question. Contractor shall discard and replace stakes broken during installation. 12. Plant Protection—Wire Cage Installation When directed to do so by the City, Contractor shall install welded wire mesh cages. Contractor shall support the cages with metal or wood stakes. The City's site inspector will designate which plants will receive the cages. General Services Agreement-09-11-03 Rev.-09/17/03 13. Maintenance—Mow/Cut When requested to do so by the City, Contractor shall maintain planted project sites using manual (e.g., sheering, grubbing or scalping) or mechanical (e.g., weed whipping or mowing) means to control invasive vegetation. Contractor shall not damage or destroy native plants when performing these activities. 14. Maintenance–Spot Spray When directed to do so by the City, Contractor shall spot spray invasive plants with herbicide during site maintenance. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid damaging existing native vegetation during spraying. 15. Maintenance—Truck/Hand Watering When directed to do so by the City, Contractor shall acquire and deliver clean well water to plants in project planting areas using a tanker truck and hoses. Contractor shall ensure that each live plant planted in the area identified for watering receives the specified quantity(e.g., two gallons) of water at the specified time. 16. Maintenance–Above-Ground Irrigation Provide all necessary maintenance to ensure effective, efficient and proper amounts of water to ensure the survivability of the plants. 17. Maintenance- Miscellaneous Other duties not listed above that will benefit the overall outcome of the project. G. THE ROLE OF THE CITY CONTRACT MANAGER . The City and Contractor acknowledge that certain elements of site work in the environmental restoration field are not easily addressed in written plans or designs, and are better addressed in the field while work is underway. Accordingly, the City shall appoint a contract manager, who will make decisions concerning locations where the various maintenance techniques are to be employed, the timing and duration of irrigation, and other issues. Most decisions made by the contract manager will not affect Contractor's costs or the terms of the amendment to this agreement that addresses the project. In the event the contract manager makes a decision that affects Contractor's costs or the terms of the amendment, the parties shall negotiate a written change order. The City's use of a contract manager to direct and monitor field work will not relieve Contractor from responsibility for complying with the terms of this agreement or any amendment to this agreement. H. HERBICIDE USAGE Contractor shall comply with the herbicide application guidelines set forth by the Oregon Department of Agriculture (ODA). Contractor shall use only as much herbicide as is necessary to meet the invasive vegetation removal directives issued by the City's site inspector or contained in any amendments to this agreement. As a general rule, Contractor shall treat one acre with between 25 and 50 gallons of herbicide mixture. The specific amount used will depend on the height and type of invasive vegetation sprayed. Contractor shall apply herbicide directly to the foliage of the target vegetation until the foliage is visibly wet, but not dripping. At smaller sites, Contractor shall use backpack sprayers when applying herbicides. At larger sites, Contractor shall use tank sprayers mounted on ATVs or small booms. Herbicides shall not be applied when wind speed is greater than 5 mph. There shall be no draft or over-spray of General Services Agreement-09-11-03 Rev.-09/17/03 herbicides onto native vegetation. Where necessary, Contractor shall manually or mechanically clear invasive vegetation away from native vegetation to protect native vegetation during spraying. In all cases, the spray mixture shall contain a colorant in the amount of 1% of the mixture, and shall also contain a City approved surfactant in the amount of 5% of the mixture. Contractor shall post public notice signs prior to spraying. I. DISPOSAL OF WASTE MATERIAL At the conclusion of work each day, Contractor shall gather and lawfully dispose of all empty boxes, bags, garbage and other waste material in a manner acceptable to the City. J. INSPECTION OF WORK The City and Contractor shall conduct periodic joint inspections of Contractor's work. K. WORK ACCEPTANCE Contractor may invoice the City for completed work following the City's acceptance of the work. For a given work site, the City shall determine whether to accept work at the following intervals: 1. After site preparation, 2. After maintenance (i.e., after each installment of maintenance work; generally, there are three annually), and 3. After irrigation (monthly). L. PAYMENT The City's payment for Contractor's work shall be based on work units completed and accepted. Payment shall be made at unit prices. In the event the total units completed vary from the estimate contained in the City's request for quotes by more than 20%, either party may request the negotiation of a change in the applicable unit prices. With the exception of the foregoing, all unit prices shall remain firm for the duration of any project. M. WORK HOURS To promote work quality, no member of Contractor's field staff shall be allowed to work more than 7 hours in the field on any work day without the City's permission. All field work shall be performed during daylight hours unless the City grants permission to do otherwise. N. LIQUIDATED DAMAGES The City incurs damages when native vegetation is damaged or destroyed by Contractor. The damages include the cost of plant material, additional agreement administration, and the loss of plant growth that would enhance resource values. As the extent of these damages is difficult to determine, Contractor hereby agrees to pay fixed, agreed, and liquidated damages at the rate of $4.50 per plant for every native plant damaged or destroyed in excess of two-percent of the native plants within the project area plots inspected under Section 9 of this agreement. General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT B PRICING MATRIX SERVICE EST.TOTAL ANNUAL HOURLY DESCRIPTION HOURS REQ. BY CITY RATE Planning 100 $80 Site Preparation 250 $80 Plant Protection 100 $80 Plant Maintenance 100 $65 Irrigation Services 200 $ Plant Installation As Needed $ On-Site Project Technician As Needed $ Volunteer Management &Plant Layout As Needed $ GIS Services As Needed $ Regulatory Permitting As Needed $ Monitoring &Maintenance As Needed $ Assessment Services Fluvial Geomorphology As Needed $97 Wetland Delineation As Needed $68 Wetland Function Assessment As Needed $68 Biological Assessment As Needed $65 Professional Land Surveying As Needed $97 Resource Inventories As Needed $80 Design &Engineering Services Natural Channel Morphology As Needed $97 Native Plant Community Restoration As Needed $80 Wetland Restoration As Needed $80 Erosion & Sediment Control Plans As Needed $80 Regulatory Permitting As Needed $80 Construction Project Management Plans & Specification Preparation As Needed $97 Construction Inspection As Needed $70-85 Prices shall be firm for the first year of the contract. Contractor may request an increase not exceeding the current Portland Metro Area CPI West-Urban rate for any addition option years executed by the City. A request to increase the rate according the terms allowed in this agreement must be in writing not less than 15 days prior to execution of the increase. General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT C CONTRACTOR'S PROPOSAL General Services Agreement-09-11-03 Rev. -09/17/03 Title Page Proposal to Provide Stream Enhancement and Restoration Services Andrew Harris, Owner Harris Stream Services 2270 Arbor Drive West Linn, OR 97068 503-866-0901 harrisstreamservices(i�comcast.net i The HSS team offers a number of stream and wetland restoration services that we believe the City of Tigard should consider as it undertakes to meet its environmental stewardship goals with regard to Fanno Creek tributaries. Specifically, we offer the following services: • Stream,Wetland and Watershed Assessment o Fluvial Geomorphological Assessment o Wetland Delineation o Wetland Function Assessment o Biological Assessment o Professional Surveying o Resource Inventories • Design and Engineering o Natural Channel Morphology Restoration o Wetland Restoration o Native Plant Community Restoration o Fish Passage Restoration o Erosion& Sediment Control Plans • Regulatory Permitting • Construction Project.Management o Plans and Specifications Preparation o Construction Inspection • Construction Project Management o Plans& Specifications Preparation o Construction Inspection • Post-Construction Monitoring and Maintenance The text of the enclosed proposal describes these services and their potential contribution to the success of the City's overall stream and wetland restoration projects. The HSS team stands ready to provide any or all of these services on an as-needed basis, or subject to a specific scope of work and agreement for services. The HSS team commits itself to complete any services negotiated with the City,whether under an as-needed agreement or a negotiated agreement for services, within the specified time periods. We look forward to working with the City to help you achieve your vital environmental stewardship goals. Sincerely, Andrew J. Harn , Owner Harris Stream Services HARRIS STREAM SERVICES PROJECT SUMMARY 35 deleted:3t REDBAND ENVIRONMENTAL PROJECT SUMMARY Deleted:3' JOHN GORDON,CONSULTING WETLAND BIOLOGIST PROJECT SUMMARY 37 �� ` Harris Stream Services-City of Tigard Proposal Pa Page 3 of 4141 construction management,monitoring,and maintenance management. His body of work includes in-stream channel restoration,riparian vegetation, and restoration of upland plant communities. In addition,he will serve as the primary point of contact for all services under this proposal. Mr. Harris managed and participated in all aspects of the City of Lake Oswego's surface water management program between 1978 and 2004. He contributed to the development of the city's original commove plan and wrote the city's original development standards for streams, wetlands, and drainage. He was involved in the development review of drainage plans since 1981.Mr.Harris represented the City of Lake Oswego as a member of the DMA committee for the Tualatin Basin TMDL. Mr.Harris establishers Harris Stream Services,based in Nest Linn, Oregon, in 2004 to continue providing stream restoration and surface water management services as a professional consultant He continues to expand his expertise with continuing education in applied fluvial geomorphology,wetland sciences,and regulatory permitting. He has been approved to take the examination as a Certified Professional in Erosion and Sediment Control (CPESC). STREAMFIX Russell Lawrence,owner of StrearnFix,will serve as the HSS team professional engineer, fluvial geomorphologist and professional land surveyor. StreamFix is a stream and wetland rehabilitation firm based in Oregon City,Oregon. StreamFix applies the highest levels of scientific analysis,engineering expertise and hands-on experience to stream and wetland problems. StreamFix designs practical, cost-effective solutions that provide stability now, and give the stream or wetland the opportunity to heal itself over the long term. Our solutions enhance the aquatic environment, the riparian corridor and opportuWties for lifestyle and economic vitality. Regulatory permit submittals by StreamFix consistently receive high marks for their riparian restoration component as well as commendations for innovative design excellence. StreamFix is available to provide or collaborate in providing to the City fluvial ge moi phological assessment(including identification of stream bank and channel stabilization needs),surveying,engineering design and specification,and permitting services. ABR,INC. ABR,Inc_—F.nvircztal Research& Services is a privately owned environmental research and services firm with offices in Forest Grove, Oregon and Alaska. ABR has been operat4-ig for 30 years and offers expertise in a variety of environmental disciplines, including fish and wildlife research,environmental impact assessment,vegetation and habitat analysis,and ecological restoration. Cumulatively,ABR's 12 Senior Scientists Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 restoration projects in Colorado. Mr. Travis will serve in an advisory capacity on biological evaluations and on the Endangered Species Act in the event his expertise is required. Mr. Coley is available to provide or collaborate in providing to the City biological and habitat assessment and monitoring services. b. QUALIFICATIONS OF THE FIRMS This section provides the qualifications of the firm team members in performing this type of work This includes examples of related experience and references for similar studies and projects. Overviews of the qualifications of each of the firms comprising the HSS team,and their key personnel available pursuant to this proposal, are provided below. A more detailed list and description of similar studies and projects by team members is included in Appendix A. HARRIS STREAM SERVICES Andrew J. Harris,owner of Harris Stream Services,brings more than 26 years of surface water management and 14 years of stream restoration experience to the HSS team. From 1980 to 2004,Andy was the project manager on 29 stream restoration projects totaling $900,000 for the City of Lake Oswego, Oregon. His stream restoration experience includes stream condition assessment,natural channel design and restoration,permitting, plans and specifications preparation, construction management,monitoring and maintenance. He was also responsible for restoration of riparian and upland plant communities. Andy's surface water management activities have included policy, planning,regulatory processes,codes,program development, engineering, problem assessment and surface quality treatment facility design. Andy earned a bachelor's degree in Natural Resource Planning from Humboldt State University in 1977. He has also completed over 15 professional continuing education courses relating to stream restoration, fluvial geomorphology, riparian habitats and related subjects. Andy holds a certificate of training in wetland delineation from Portland State University. Hams Stream Services—City of Tigard Proposal Pa Page 3 of C4 I Michael Cole, Ph. D.—Senior Scientist Dr. Cole leads ABR's Fisheries and Aquatic Sciences program. Dr. Cole has more than twelve years of experience performing research in urban freshwater ecosystems. His recent and current work includes leading a number of biological assessments, including an assessment of macroinvertebrate communities of the Tualatin River Basin and the Cities of Wilsonville and Lake Oswego,effectiveness monitoring of restoration projects on Fanno and Bronson Creeks, and, in eastern Oregon, effectiveness monitoring of instream enhancement activities. Dr. Cole is also currently performing long-term comprehensive monitoring of instream and riparian restoration efforts occurring in eastern Oregon. Dr. Cole and his team are monitoring long-term changes in physical habitat,water chemistry,hydrology,and biological conditions in stream and river reaches throughout the South Fork John Day watershed to examine the effectiveness of numerous restoration projects and best management practices. Dr. Cole has a comprehensive understanding of how aquatic communities respond to habitat degradation in streams and is currently publishing several journal articles on the subject. Dr. Cole's work includes studies.that have demonstrated relationships between land use types and intensity and instream biological conditions. He is very familiar with the Tualatin,Clackamas,and Willamette River Valleys,the watersheds within these areas, and the watershed and aquatic health issues associated with the land use types and intensity that occur in the region. Dr. Cole is experienced in managing complex projects for multi-party clients. His experience includes performing biological assessments and other studies for watershed councils and technical committees composed of government,non-profit,and industry constituents. He is experienced at planning and coordinating assessment activities and other studies to meet the needs of multiple stakeholders and cooperators. Dr.Cole is experienced at disseminating the results of these studies to multi-party clients in writing and through oral presentations Michele Koehler,M.S.—Research Biologist Ms. Koehler has six years of fisheries experience in western Washington and Oregon_ Since 1999, Ms. Koehler has investigated the effects of urbanization on Pacific Northwest fishes and the effectiveness of aquatic enhancement activities on promoting aquatic health in fresh and estuarine waters. Her experience includes working throughout Washington and Oregon on fisheries and macroinvertebrate assessments in both urban and rural settings. She is currently leading or co-leading the monitoring of several restoration projects focusing on salmonid habitat m the Tualatin River Valley,along the southern Oregon Coast,and in eastern Oregon. She is also co-leading a watershed assessment of Butte Creek in eastern Oregon with Dr. Cale. Ms.Koehler is experienced at conducting research,managing projects,field crews,and leading investigations of physical habitat and biological conditions in lakes,rivers,and streams. Harris Stream Services-City of Tigard Proposal Pa Page 3 of 4141 completed nine Endangered Species Act consultations, including in relation to the New Carissa shipwreck oil recovery. Travis has extensive experience with salmon restoration issues. He was one of ten scientists selected to serve on the National Marine Fisheries Service's Willamette and Lower Columbia Technical Recovery Team, focused on endangered salmon. He was responsible for designing and conducting biological and habitat research on anadromous and resident Pacific salmonids and other native fishes as well as for habitat restoration. Travis is the author or co-author of 25 scientific publications and reports related to fishery biology, habitat and restoration. [Please see Appendix A for a more detailed list of related projects and studies by team members.] PROTECT APPROACH a. WORK PLAN The services offered in this proposal fall within RFP Section 5(B) Additional Services. In keeping with the City's request that the standard format outlined in the RFP be used in all proposals,the HSS Team's approach, services and work plan are described below under the heading"Additional Services." b. CITY STAFF PARTICIPATION Please see below under"Additional Services." HOURLY/UNIT PRICING Please see Attachment D. Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 invertebrates to provide measures of stream health. Mr. Harris and Mr. Lawrence will analyze stream channel and floodplain conditions to determine whether reconfiguration of the channel will be necessary to ensure success of restoration efforts. This analysis will be directed toward a least-cost greatest benefit optimization. When existing conditions are sufficiently characterized, appropriate members of the team will develop site-specific restoration goals, objectives,performance standards, and design criteria that will bring each site into compliance with the City's restoration goals. When site goals and objectives are established, Mr. Gordon and Mr. Harris will conduct wetland determinations or delineations to determine if wetland permits will be needed to implement them. If necessary,they will then prepare wetland permit applications. If federal Section 404 permits are necessary, Mr. Coley will prepare appropriate Endangered Species Act compliance documents. Restoration plans for each site will be directed by these goals and objectives, culminating in the planting and maintenance desired by the City. b. DESCRIPTION OF SERVICES The HSS team offers a number of stream and wetland rehabilitation services that we believe the City of Tigard should consider as it undertakes to meet its environmental stewardship goals with regard to Fanno Creek tributaries. Specifically,the services being offered by the HSS team are described below. The HSS team stands ready to provide any or all of these services on an as-needed basis, or subject to a specific scope of work and agreement for services. STREAM,WETLAND AND WATERSHED ASSESSMENT Fluvial Geomoruhorphic Assessment The HSS team includes members that have received extensive training in fluvial geomorphology. That training has reinforced our belief that successful stream and wetland restoration design requires in-the-field enterprise. We recognize a stream's problems are nearly always a symptom associated with broader watershed conditions. We use geomorphic analysis to identify these problems and guide us in the development of effective and sustainable reach-level restoration activities. We do not believe that a standardized computer model can substitute for an on-the- ground understanding of the individual project. Therefore,we first inventory the existing topography and stream conditions through an intensive project pre-design survey. Fluvial geomorphic principles for stable stream dimension,pattern, and profile are applied to the project design. We then use computer models to ensure the design has met stable conditions consistent with the materials and conditions associated with the specific project. The team leaders for this task will be John Gordon with support by Andrew Harris and Russ Lawrence. Harris stream Services—City of Tigard Proposal Pa Page 3 of 4141 Mr. Travis will serve in an advisory capacity on biological evaluations and on the Endangered Species Act in the event his expertise is required. The team leader for ESA related tasks will be Travis Coley. Professional Land Surveying Team member Russ Lawrence (StreamFix) is a professional land surveyor. Surveying is likely to be needed to define areas on Fanno Creek tributaries and their associated wetlands that present geomorphological problems, and to design and specify rehabilitation actions including stream bank regrading, removal or modification of barriers to fish passage, installation of in-stream structures,creation of as-built drawings, etc. A part of that work may require the preparation of easement discriptions and identification of private property boundaries by a professional land surveyor. The team leader for this task will be by Russ Lawrence, P.E., P.L.S. Natural Resource Inventories Trees are a natural resource that has great value to communities like the City of Tigard. To provide assurance that trees are protected during a project,communities often require a tree inventory and survey to document the location and condition of individual trees. We will number tag each tree, survey each tree, and provide a tree location map. We will also document tree species,common name,tree number, diameter, and make note of tree condition. Mr. Gordon designed data collection methods and performed an urban forest inventory for the City of Beaverton. This work documented and characterized urban forest resources for the City. This enabled the City to prioritize forest resources for various protection measures. The team leaders for this task will be Andrew Harris and John Gordon. DESIGN AND ENGINEERING Natural Channel Morphology Restoration The team has extensive training and experience in natural channel design.. As the project summaries in Appendix A show,we bring field-tested knowledge about the floodplain connectivity and stabilization techniques that will work in a given situation. We also have a clear understanding of the cost-benefit trade-offs of various approaches. We are committed to implementing solutions that are practical and sustainable. The goal of stream restoration is to restore natural functions and improve stream health. The key to successful restoration is to use a healthy stable stream as a reference model for design and to select appropriate goals for the project site. Streams have a natural Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 Native Plant Community Restoration Native plant communities will be restored by a process that is very similar to the process described for wetland restoration. One difference will be that modifications to water supply will not be necessary for upland sites.Native plant species will be selected for historic context, probability of success, lowest maintenance needs, cost, and other factors that may be identified by the City. Irrigation may be specified on some sites to ensure vigorous establishment of plants. The HSS team will also use stream and wetland assessment data to determine the potential riparian or wetland plant communities that are best suited to the geomorphic and hydrologic setting found on the project site. HSS will then provide and description of appropriate plan communities and produce a planting plan that specifies the native tree, shrub, and herbaceous species in the community and typical percent cover for each species. We will work to create the conditions necessary for the planted natives to become self-sustaining over time as seed sources become available through self-seeding, flooding,wind, animals, or other mechanisms. The team leader for this task will be John Gordon and Andrew Harris with assistance from other team members. Fish Passage Restoration The team has established a track record of success in removing barriers to fish passage. We have completed eight projects of this type in Oregon and Washington with no failures. We have developed methods for replacing perched culverts in a manner that creates fish habitat and prevents head cutting while removing the passage barrier. We have also developed a unique method of providing fish passage through long culverts that cannot be removed. The team leaders for this task will be Russ Lawrence and Andrew Harris Erosion and Sediment Control Plans Erosion control is an important consideration for any construction project and is especially significant when working in streams. Diversion of stream flows around a project site may often be a requirement. HSS team members have considerable experience and proven success providing preventative erosion control measures. It is vital that these plans be undertaken prior to replanting efforts. Otherwise,the expense and effort expended in replanting may be lost due to subsequent erosion and/or sedimentation on the site. The team leader for this task will be Andrew Harris. Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 ABR, Inc. will develop, implement, and perform monitoring of restoration sites to evaluate the effectiveness of these projects at improving stream and riparian conditions and functions Effectiveness monitoring will be performed by tracking trends in measurable physical and biological attributes related to project objectives and performance standards. Biological monitoring will occur during the pre-treatment year, and in years 1,2, and 5 post-restoration activities when agreed upon by the City of Tigard and ABR, Inc. We propose to assess site conditions and to match monitoring objectives and methods with proposed restoration activities on a site by site basis. Suggested monitoring activities are: 1) Instream habitat 2) Riparian vegetation composition, structure, and cover 3) Instream biological communities(macroinvertebrates and fish). ABR, Inc. will meet with discuss the appropriate monitoring for each type of enhancement activity with the City of Tigard and project team staff. The team leaders for this task will be Senior Aquatic Scientist, Dr. Michael Cole and Research Biologist Michele Koehler with support from qualified ABR field staff. Monitoring Instream Habitat. Instream habitat surveys will be performed within the study reach to characterize existing and post construction habitat complexity and cover. Methods will follow standard protocols established by Kaufmann (2000) to characterize habitat in wadeable Western streams. This methodology has been widely adopted by other groups engaged in restoration monitoring activities(e.g. Cole 2001, Crawford and Johnson 2004). Instream habitat surveys will focus on two components of the EMAP methodology: performing a thalweg profile survey and a large woody debris inventory. These two components of the assessment will be performed concurrently during one upstream walk through the reach. At evenly spaced intervals(so as to produce at least 100 measurements along the reach), thalweg depth is measured, habitats are classified, and large wood is tallied by size class and location within the channel (within and above bankfull). Thalweg depth measurements from the pre-design post construction surveys and habitat classifications allow calculation of sizes and frequencies of all habitat types and therefore provide a measure of habitat complexity and suitability for aquatic life. The team leaders for this task will be Senior Aquatic Scientist Dr. Michael Cole and Research Biologist Michele Koehler with support from qualified ABR field staff. Monitoring Riparian Vegetation. On stream reaches along which riparian plantings are occurring, or where riparian vegetation will be managed to promote growth and maturation of native woody species, Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 concentrating fish that would otherwise be dispersed over a larger area(Frissell and Ralph 1998). Fish work in the Tualatin River Valley is subject to ODFW and NOAH Fisheries Take Permits. Since the deadline for 2005 permits has already passed, it is possible ABR, Inc. will not be able to conduct fish sampling at enhancement sites this year. There may also be environmental constraints or site-specific concerns with fish sampling. ABR will determine the feasibility of sampling fish once enhancement sites for this type of monitoring are determined. Macroinvertebrate Communities Macroinvertebrate communities will be sampled in late summer using standard methods developed and used by the Oregon Department of Environmental Quality(DEQ 2003). Three replicate, 8-kick pooled samples will be collected from the best available habitat occurring in each reach(riffles,if available). Macroinvertebrate samples will be preserved in 70%isopropyl alcohol and later sorted and identified at ABR's macroinvertebrate sample processing laboratory. A Benthic Index of Biotic Integrity(B- IBI) will be calculated from the raw data to quantify the condition of the macroinvertebrate community in the study reach. The team leaders for this task will be Senior Aquatic Scientist, Dr. Michael Cole with assistance from Research Biologist Michele Koehler and support from quaked ABR field staff. C. City Staff Participation The HSS team anticipates that the direct involvement of City personnel would be limited. Negotiations between the team and the City will be needed on the scope of the proposed Additional Services to be provided, and to execute an as-needed or project service agreement. We anticipate periodic meetings with the City's project contact to provide progress reports and agree on actions to be taken in the light of assessment results. We would expect the City to: • Determine the extent of public involvement (informational meetings; restoration planning meetings; etc.) in the process. • Review site information with Team members; provide written comments. • Review site restoration goals and objectives with team members;provide written comments. • Review/approve restoration plans with team members; provide written comments. • Provide access to relevant information contained in its GIS system and other databases. I / •I I ' I// I • I 1 1 ' .1 1 1 � t l i • 1 f � ,� � ,.. ���;►��i� �E � � � r •,,tea ��s �3 �V3�t .� r • ; i'.. q t� i] f S _ `3 If "w y�:y 1� 7•�` s 7y2i i 1 1 1 1 1 i •' 1 1 11 • • • 1 • • • 1 • / 'I I •I / � III I 1 / �1 t _ I � uSe y q ;;.+'f ♦ u I •I I • III I � , , gg,, ���. . � f� �F� _ .c,��y.. ��e,. ti�b� �;�{ /t• ��r s+d?��sa Yr t1��f3"^ _ r ¢ .���.a i 1Fq r� �Y 1 t�� ^Yy i f f £'� A % ♦ 'lf 24. � Y IM!" {� }y pr -•f,_ M1 t. �'�.. t ffr� � ,;fit ,� �� �,i tS -�i ? �.- 'a i t. s1 a >"tu. T till,: t3., Z s K` �._.. ,f .` �l.f:. S F f i y1• k v a .; fiS is al 'nYilk `'pk 5 I 7��r$ -Ns P..�'a a " r t h x r S r � - :r � a r _ I Harris stream services—City of Tigard Proposal Pa Page 3 of 4141 Lori Hennings,Project Manager,Metro, (503) 797-1940 Project: Pre-Urbanization Baseline Study of Streams in Northwest Clackamas County REDBAND ENVIRONMENTAL Mr. Craig Bozarth, Engineer, City of Longview, P.O. 128, Longview, WA 98632-7080 (360) 442-5202 craig.bozarthgci.longview.wa.us Ms. Yvonne Sterud, Contracting Officer,U.S. Forest Service, (360) 891-5082 Dick Dyrland, Supervisory Hydrologist,Fish First, (360) 887-0866 Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 APPENDIX A REPRESENTATIVE PROJECTS HSS TEAM MEMBERS ABR,INC.PROJECT SUMMARY ABR, Inc. is a leader in regional restoration effectiveness monitoring and biological assessment. Selected projects that further our qualifications to undertake monitoring activities for the City of Tigard are described below. 2004 Upper South Fork John Day River Restoration Monitoring,Izee, Oregon ABR is conducting a long-term assessment of changes in physical habitat and responses by macroinvertebrate communities to stream restoration projects and best management practices in the upper South Fork of the John Day River watershed. In these efforts,we are gathering physical habitat,water quality, and macroinvertebrate community data throughout the watershed following EPA and DEQ protocols. Client: Grant SWCD 2004 Fanno and Bronson Creeks Restoration Effectiveness Monitoridg—Baseline Data Collection,Hillsboro,Oregon ABR is currently performing long-term monitoring of the effectiveness of instream and riparian restoration techniques at improving physical habitat and fish and macroinvertebrate communities in streams within Portland's urban growth boundary. Client: Clean Water Services 2004 Macroinvertebrate Assessment,Lake Oswego,Oregon ABR performed biological (macroinvertebrate)and physical sampling in six stream reaches in the Lake Oswego basin in fall 2004. Biological conditions were correlated with instream physical habitat and adjacent riparian zone conditions. The data will serve as a baseline against which future datasets can be compared to track trends and changes in response to restoration and best management practices employed by the City of Lake Oswego. Client: City of Lake Oswego 20.04 Butte Creek Watershed Assessment, Fossil, Oregon Project description: We are currently performing a watershed assessment of biological, physical, and hydrologic conditions in the Butte Creek Watershed using the methods described in the OWEB Watershed Assessment Manual to characterize current conditions and develop recommendations to improve watershed conditions and functions through restoration projects. Client: Wheeler SWCD Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 2002 North Clackamas County Macroinvertebrate Study, Clackamas, Oregon ABR assessed the condition of benthic macroinvertebrate communities in relation to land use and instream physical and chemical conditions in 26 stream reaches throughout northwest Clackamas County, Oregon. Study watersheds included the lower Tualatin River basin, Mt. Scott and Kellogg Creeks,Rock Creek, Richardson Creek, and several smaller drainages. Client: Clackamas County 2003 City of Wilsonville Macroinvertebrate Assessment,Wilsonville, Oregon ABR performed a study of macroinvertebrate communities and stream habitat in streams within and adjacent to the City of Wilsonville, Oregon to help guide local planning and restoration activities. Client: City of Wilsonville Molalla River Bioassessment,Molalla,Oregon ABR studied relationships between river morphology, water chemistry, and macroinvertebrate community structure to provide baseline biological and physical data of the Molalla River from its headwaters to its confluence with the Willamette River. 2001 Assessment of Macroinvertebrate Communities of the Tualatin River Basin, Oregon ABR assessed the condition of benthic macroinvertebrate communities in relation to land use and instream physical and chemical conditions in 63 stream reaches throughout the Tualatin River Basin, Oregon. ABR collected all field data and samples using standard DEQ macroinvertebrate sampling protocols and a modified RSAT physical habitat assessment. ABR processed all samples and used DEQ's multimetric index and multivariate analysis to analyze the data. 2000 Assessment of Macroinvertebrate Communities of the Tualatin River Basin, Oregon ABR assessed the condition of benthic macroinvertebrate communities in 40 stream reaches throughout the Tualatin River Basin, Oregon. ABR collected all field data and samples,processed all samples, and used DEQ's multimetric index to analyze the data. Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 Springbrook Cr. Restoration Construction Inspection, Lake Oswego,OR StreamFix provided construction inspection services for restoration work on Springbrook Cr. for stream realignment and fish passage facilitation. Andy Harris,then Project Manager for the City of Lake Oswego,prepared ESC plans and permit applications. Springbrook Cr. Restoration Design,Lake Oswego, OR StrewnFix worked closely with Henderson Land Services to develop design and permits for removal and restoration of fish passage blockage in the lower end of Reach 5 and the upper end of Reach 1. A part of the work in Reach 1 was to facilitate year round fish passage through a 270 foot box culvert under a railroad. Springbrook Cr. Survey and Condition Assessment,Lake Oswego, OR StreamFix completed a topographic survey and conditions assessment of reaches 1 through 5 and reach 8 of Springbrook Creek in the spring of 2002. This work was accomplished in collaboration with Andy Harris,then a member of Lake Oswego city staff. Kerr/Cirque Reach of Springbrook Cr.Design/build Restoration,Lake Oswego,OR Russ Lawrence of StreamFix designed, obtained permits and constructed stream stabilization and restoration of approximately 300 feet of incised, high gradient stream near the Mountain Park neighborhood of Lake Oswego. In excess of 400 native plants were installed as a part of this project. This work involved successfully obtaining permits from local, state and federal regulatory agencies. City project management was performed by Andy Harris. Fish Passage Remediation,SW Washington StreamFix developed designs and specifications and performed inspection of the removal of fish passage blockage culverts in two counties in SW Washington. The work consisted of the removal of under-sized,perched culverts. One to two hundred feet of stream was reconstructed utilizing plunge pools to address gradient differential through the perched culverts. This project successfully prevented head-cutting while meeting state juvenile fish passage criteria. The culverts were designed to emulate natural'stream function by using naturally occurring stream substrate material through the culverts. Wind River Restoration,Stabler,WA StreamFix conducted a topographic survey and lead the development of a restoration plan for a 5-mile reach of the Wind River in private ownerships. The goal of the long reach plan was to obtain an overall permit to address a number of projects through the reach. A part of the planning was the development of detailed plans and construction specifications to shorten an overly flattened half-mile reach by approximately 600 feet. Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 Preakness Reach and Lost Dog Creek Restoration Projects Andy Harris managed these projects including bioengineering to stabilize stream channels,prepared the ESC plan and permit applications. These projects restored salmon habitat. Blue Heron Creek Restoration Project As a city employee, Andy Harris designed this large wood installation to stabilize the stream channel and enhance fish habitat,prepared the ESC plan and obtained permits, and served as installation project manager. Ball Creek Restoration Project Andy Harris was responsible for designing and managing this stream restoration and channel stabilization project,which restored fish habitat. He prepared the ESC plan and permit applications. Melrose Street Roadside Stream Improvement Project Andy Harris designed and managed this project, which created a 900 foot natural stream channel along a major roadway. The project was a winner of the 1996 Merit Award for storm water design presented by Metro. Andy prepared the ESC plan and permit applications. REDBAND ENVIRONMENTAL PROJECT SUMMARY Fishery Biology Studies Travis Coley conducted the following scientific studies relating to fish habitat and stream restoration: • The Physical Habitat characteristics of Chinook and Chum Salmon Spawning Habitat in the Columbia River Below Bonneville Dam (BPA funded) • Limiting Factors for Chum Salmon in the Columbia River Gorge (BPA funded) • Evaluation of Habitat Use and Population Dynamics of Lampreys in Cedar Creek (BPA funded) • Biological Verification of the Rosgen Stream Restoration Methodology(EPA funded) • Biological Verification of Stream Restoration on the Blitzen-Malheur National Wildlife Refuge (USFWS funded) Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 in the Klamath Basin. Mr. Gordon wrote a wetland delineation report for submittal to the prime contractor, and provided information about the jurisdictional status of all delineated waters on the site. Industrial Park Wetland Delineation and Functional Assessment Location: City of Rufus, Sherman County, Oregon Under contract to Oregon Economic and Community Development Department, Mr: Gordon delineated wetlands on the 50-acre City of Rufus Industrial Park. Mr. Gordon identified one wetland on the site. He performed a wetland functional assessment using methods in the Oregon Hydro-geomorphic Wetland Assessment guidebook. Mr. Gordon is preparing a wetland delineation report and wetland functional assessment report for the project. Klamath Falls International Industrial Park Wetland Delineation and Functional Assessment Location: City of Klamath Falls, Klamath County, Oregon Under contract to Oregon Economic and Community Development Department, Mr. Gordon delineated wetlands on the 63.99-acre Klamath Falls International Industrial Park. Mr. Gordon identified one wetland on the site. He performed a wetland functional assessment using methods in the Oregon Hydro-geomorphic Wetland Assessment guidebook. Mr. Gordon is preparing a wetland delineation report and wetland functional assessment report for the project. WESGO Industrial Park Wetland Delineation and Functional Assessment Location: City of Klamath Falls,Klamath County, Oregon Under contract to Oregon Economic and Community Development Department, Mr. Gordon delineated wetlands on the 93-acre proposed WESGO Industrial Park. Mr. Gordon identified one wetland on the site. He performed a wetland functional assessment using methods in the Oregon Hydro-geomorphic Wetland Assessment guidebook. Mr. Gordon is preparing a wetland delineation report and wetland functional assessment report for the project. Providence Health System Wetland Delineations Location: City of Newberg, Yamhill County, Oregon Mr. Gordon was project manager for two wetland delineations conducted for Providence Health Systems(PHS) in Newberg, Oregon. PHS requested wetland delineations on two sites as part of a hospital expansion project. Mr. Gordon delineated wetlands on the existing Providence Newberg Hospital site so that PHS would know what wetland constraints exist on the present site. Mr. Gordon also delineated wetlands on a separate 40-acre site that PHS is purchasing for a possible new expansion site In a report,he recommended that because both sites have streams that are tributaries of the Willamette River,PHS should assess the potential development constraints on the sites that might result from threatened or endangered fish species A SHAPIRO fisheries biologist assessed the in-stream habitat and riparian habitat to determine whether impacts to these. habitats could have potential impacts on listed fish. Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141 wrote wetland delineation reports for submittal to Montana Transportation Department and the U.S. Army Corps of Engineers. Biological Assessments for Transportation Improvements Location: Clark County, Washington Mr. Gordon managed a flexible services contract with Clark County's Public Works Department to conduct biological assessments for transportation projects in Clark County. He participated in project planning meetings with Clark County staff, conducted field visits, scheduled work and reviewed reports for the projects. McCullough Bridge/Shorewood Wayfinding Point Plant Survey Location: Coos County, Oregon Mr. Gordon conducted a survey for salt marsh birdsbeak,a plant listed under the Endangered Species Act as a species of concern; Oregon lists the plant as endangered. McCullough Bridge/Shorewood Wayfinding Point, on Highway 101 in Coos County, is near a known population of the plant. Mr. Gordon researched salt marsh birdsbeak and observed the population of the plant near the project site prior to conducting fieldwork, to ensure positive visual recognition of the plant and habitat. The plant was not observed on the project site, nor was potential habitat. Mr. Gordon wrote a report describing the study methods and results, for the Client. National Park Wetland and Riparian Inventories Mr. Gordon performed wetland inventories in Great Basin National Park,Nevada, and Zion National Park,Utah. Mr. Gordon investigated 200 sites in Great Basin National Park. He documented wetland conditions and classified wetlands according to the Cowardin wetland classification system. Mr. Gordon prepared an inventory report for the Park and the National Wetlands Inventory. In Zion National Park Mr. Gordon mapped and classified wetlands and riparian sites along 20 miles of the Virgin River. Local Wetland Inventories Mr. Gordon was the Project Manager for Local Wetland Inventories (LWI) for the cities of Gresham and Klamath Falls, Oregon. Klamath Falls' LWI is the largest in the state, including over 50 square miles in the study area. In his role as Project Manager, Mr. Gordon met with city officials and staff from Oregon Department of State Lands, and made presentations at public meetings. He planned and scheduled fieldwork and office work on the projects. He analyzed aerial photographs,National.Wetland Inventory maps, and other resources to locate probable wetlands, and supervised technical staff in the field to collect accurate inventory data. Mr. Gordon supervised staff in the office to analyze field data and produce inventory maps and reports.These inventories will be incorporated into the statewide wetland inventory. Mr. Gordon has worked on six other LWI's that are already in the statewide wetland inventory. Columbia River Wetland Mapping Project Mr. Gordon performed wetland determinations on approximately 100 sites along the Columbia River downstream from Portland, Oregon and Vancouver, Washington. Using a Geographical Information System overlay combining wetland maps from the U.S.Army City of Tigard,Purchasing Office 13125 SW Hall Blvd. Tigard,Oregon 97223 Phone-(503)639-4171/Fax-(503)639-1471 http://www.ei.tii!ard.or.us DATE: Tuesday,February 15,2005 TO: All Interested Parties FROM: City of Tigard,Purchasing Office RE: Downloading Solicitations The City of Tigard offers certain solicitation documents for downloading. The City requires each prospective bidder or proposer downloading these documents to follow the specific requirements detailed below. If the potential bidder or proposer does not comply with these requirements they risk the possibility of not receiving a complete solicitation packet and may be deemed a non-responsive bidder. Please note that the solicitation available for download is the original document released to the public. All prospective bidders or proposers are responsible for downloading any and all addendums or amendments listed along with the solicitation packet on the City's website. Once a potential bidder or proposer has completed, signed,and returned to the City the attached "FAX BACK"form,the City will automatically forward them any and all subsequent addendums,amendments,or other documents relevant to the solicitation. Disclaimer: The recipient of any downloaded document from this website shall be responsible for completing and returning to the City of Tigard's Purchasing Office,the attached "FAX BACK"form. It is imperative that it is faxed back as soon as possible. By doing so,the recipient will allow the City of Tigard to send any additional documentation, including addendums, amendments, and other information,which may be issued relative to a particular document. The City takes no responsibility for informing recipients of changes to original documents if the attached "FAX BACK" form has not been sent to the Purchasing Office. The recipient shall be responsible for the accuracy of the information of the form submitted. Any unidentified modifications to the original document issued by the City shall be null and void. In those instances where modifications are unidentified,the original document issued by the City of Tigard shall take precedence. The recipient of any downloaded documents is responsible for clearly identifying any and all changes or modifications to document upon submission to the City. Date:January 21, 2005 }. CITY OF TIGARD, OREGON Stream Enhancement and Restoration Services DATE DUE: February 15,2005 TIME DUE: 2:00 PM Envelope(s) shall be sealed and marked with Project Title. Respondents must submit one (1) original and three(3) complete copies of the RFP. Technical Questions: RFP Questions: Matt Stine, City Forester Joe Barrett, Buyer City of Tigard, Public Works City of Tigard, Finance Phone: 503-639-4171, Ext. 2589 Phone: 503-639-4171,Ext. 2477 Fax: (503) 718-2401 Fax:.(503) 639-1471 Email: mstinegci.tigard.onus Email:josephka,ci.tigard.onus SUBMIT PROPOSAL TO: Joe Barrett, Buyer City of Tigard-Court Counter 13125 SW Hall Blvd Tigard, Oregon 97223 RFP—Stream Enhancement&Restoration Services Page 1 of 26 Close—February 15,2005—2:00 PM TABLE OF CONTENTS TITLE PAGE Title Page 1 Public Notice 2 Table of Contents 3 Sections SECTION 1 Introduction 4 SECTION 2 Proposer's Special Instructions 4 SECTION 3 Background 7 SECTION 4 Scope and Schedule of Work 7 SECTION 5 Proposal Content and Format 12 SECTION 6 Proposal Evaluation Procedures 14 SECTION 7 Proposal Certification 17 SECTION 8 Signature Page 18 Attachments ATTACHMENT A Acknowledgement of Addendum 19 ATTACHMENT B Statement of Proposal 20 ATTACHMENT C City of Tigard General Service Agreement 21 ATTACHMENT D Unit Price List 26 RFP—Stream Enhancement&Restoration Services Page 3 of 26 Close—February 15,2005—2:00 PM B. GENERAL By submitting a proposal, the Proposer certifies that the Proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. C. PROPOSAL SUBMITTAL The Proposal and all amendments must be signed and submitted no later than 2:00 PM on February 15, 2005, to the address below. Each proposal must be submitted in a sealed envelope and designated with proposal title. To assure that your proposal receives priority treatment please mark as follows. Stream Enhancement & Restoration Services 2:00 PM—February 15, 2005 City of Tigard—Court Counter Joe Barrett, Buyer 13125 SW Hall Blvd. Tigard, Oregon 97223 Proposer shall nut their name and address on the outside of the envelope. It is the Proposer's responsibility to ensure that proposals are received prior to the stated closing time. The City shall not be responsible for the proper identification and handling of any proposals submitted incorrectly. Late proposals, late modification or late withdrawals shall not be considered accepted after the stated bid opening date and time and shall be returned unopened. Facsimile and electronic(email)proposals will not be accepted. D. PROTEST OF SCOPE OF WORD OR TERMS A proposer who believes-any details in the scope of work or terms detailed in the proposal packet and sample contract are unnecessarily restrictive or limit competition may submit a protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any such protest shall include the reasons for the protest and shall detail any proposed changes to the scope of work or terms. The Purchasing Office shall respond to any protest and, if necessary, shall issue any appropriate revisions, substitutions, or clarification via addenda to all interested Proposers. To be considered, protests must be received at least five- (5) days before the proposal closing date. The City shall not consider any protest against award due to the content of proposal scope of work or contract terms submitted after the established protest deadline. All protests should be directed to Joe Barrett, Buyer and be marked as follows: RFP Specification/Term Protest Stream Enhancement& Restoration Services, 2/15/05 City of Tigard Joe Barrett, Buyer 13125 SW Hall Blvd. Tigard, Oregon 97223 If a protest is received in accordance with section above, the proposal opening date may be extended if necessary to allow consideration of the protest and issuance of any necessary addenda to the proposal documents. RFP—Stream Enhancement&Restoration Services Page 5 of 26 Close—February 15,2005—2:00 PM M. TERMINATION The contract may be terminated by mutual consent of both parties or by the City at its discretion with a 30 days' written notice. If the agreement is so terminated, Contractor shall be paid in accordance with the terms of the agreement. N. INTERGOVERNMENTAL COOPERTIVE PURCHASING The bidder submitting this proposal agrees to extend identical prices and services under the same terms and conditions to all public agencies in the region. Quantities stated in this solicitation reflect the City of Tigard usage only. Each participating agency shall execute its own contract with the lowest responsible/responsive bidder for its requirements. Any bidder(s), by written notification included with their bid, may decline to extend the prices and terms of this solicitation to any and/or all other public agencies. O. NON-COLLUSION Proposer certifies that this proposal had been arrived at independently and has been submitted without collusion designed to limit independent bidding or competition. P. PUBLIC RECORD All bid material submitted by bidder shall become the property of the City and is public record unless otherwise specified. A bid that contains any information that is considered trade secret under ORS 192.501(2) should be segregated and clearly identified as such. This information will be kept confidential and shall not be disclosed except in accordance with the Oregon Public Records Law, ORS 192. The above restrictions may not include cost or price information, which must be open to the public. SECTION 3 BACKGROUND The focus of these restoration and enhancement projects will be on the tributaries to Fanno Creek. In the past,the City has worked on several projects on and/or around Fanno Creek. Clean Water Services (CWS) has requested that the City work to restore native plant environments on these tributaries while CWS concentrates on the main stem of Fanno Creek. The goals are to: ➢ Improve wildlife habitat throughout the Tualatin River Watershed, ➢ Improve water quality throughout the Tualatin River Watershed, ➢ Permanently reestablish native plant systems. The City will only use plants that are native to the particular area of the watershed. The City will rely predominantly on volunteer hours for the planting of the native species. The City hopes to eradicate no less than 95% of non-native vegetation that currently dominates the riparian areas along each tributary. The City hopes to restore conditions so that exotic vegetation cannot survive in, or specifically, dominate,the areas in the future. SECTION 4 SCOPE AND SCHEDULE OF WORK This services agreement covers the restoration and protection of watersheds for fish, wildlife, riparian and native species and for habitat conservation activities, including but not limited to planning, RFP—Stream Enhancement&Restoration Services Page 7 of 26 Close—February 15,2005—2:00 PM The City may, at its sole discretion, require estimates to be based upon another method for certain projects. Under certain circumstances, the City may ask for project estimates based upon a "per acre" basis. The City will calculate acreage to the closest tenth of an acre using a horizontal plane and without regard to slope. The minimum project site size for payment purposes will be .3 of an acre. Contractor shall not be entitled to reimbursement for expenses incurred in providing the services unless agreed-upon in written with the City. E. ITEMS PROVIDED BY THE CITY The City shall dispense all plant material,mulch and water to the target site. F. WORK TASK DESCRIPTIONS 1. Site Preparation--Area Spray When directed to do so by the City, Contractor shall spray areas of invasive vegetation with herbicide. "Noxious weed" is vegetation that is designated by the Oregon Department of Agriculture (ODA) as noxious or invasive. Contractor shall avoid damaging existing native vegetation during spraying. "Native vegetation" is vegetation that is indigenous to a particular ecosystem type. 2. Site Preparation--Spot Spray When directed to do so by the City, Contractor shall spot spray invasive vegetation with an approved herbicide. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid damaging existing native vegetation during spraying. 3. Site Preparation—Mow/Cut Contractor shall remove invasive species using manual (e.g., sheering) or mechanical (i.e., weed whipping or mowing) means to control invasive vegetation. Contractor shall avoid damaging existing native vegetation when conducting these activities. 4. Site Preparation—Cut and Remove Blackberries Contractor shall remove blackberry using manual (e.g., chain sawing or flail mowing) means. Contractor shall avoid damaging existing native vegetation when conducting these activities. 5. Site Preparation--Circle Sealp When directed to do so by the City, Contractor shall prepare individual planting spots by scraping away all live and dead vegetation, roots and rhizomes from a 16-inch diameter circle. Where the slope of the ground is greater than 20%, Contractor shall also construct a flat planting area. 6. Site Preparation—Seed Application When directed to do so by the City, Contractor shall seed project sites with native plants using hand or machine seed spreaders 7. Site Preparation-Grading or Filling When directed to do so by the City, Contractor shall grade soil or add soil if required by the project's guidelines. RFP—Stream Enhancement&Restoration Services Page 9 of 26 Close—February 15,2005—2:00 PM or mowing) means to control invasive vegetation. Contractor shall not damage or destroy native plants when performing these activities. 14. Maintenance—Spot Spray When directed to do so by the City, Contractor shall spot spray invasive plants with herbicide during site maintenance. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid damaging existing native vegetation during spraying. 15. Maintenance Truck/Hand Watering When directed to do so by the City, Contractor shall acquire and deliver clean well water to plants in project planting areas using a tanker truck and hoses. Contractor shall ensure that each live plant planted in the area identified for watering receives the specified quantity(e.g.,two gallons) of water at the specified time. 16. Maintenance—Above-Ground Irrigation Provide all necessary maintenance to ensure effective, efficient and proper amounts of water to ensure the survivability of the plants. 17. Maintenance-Miscellaneous Other duties not listed above that will benefit the overall outcome of the project. G. THE ROLE OF THE CITY CONTRACT MANAGER The City and Contractor acknowledge that certain elements of site work in the environmental restoration field are not easily addressed in written plans or designs, and are better addressed in the field while work is underway. Accordingly, the City shall appoint a contract manager, who will make decisions concerning locations where the various maintenance techniques are to be employed, the timing and duration of irrigation, and other issues. Most decisions made by the contract manager will not affect Contractor's costs or the terms of the amendment to this agreement that addresses the project. In the event the contract manager makes a decision that affects Contractor's costs or the terms of the amendment, the parties shall negotiate a written change order. The City's use of a contract manager to direct and monitor field work will not relieve Contractor from responsibility for complying with the terms of this agreement or any amendment to this agreement. H. HERBICIDE USAGE Contractor shall comply with the herbicide application guidelines set forth by the Oregon Department of Agriculture (ODA). Contractor shall use only as much herbicide as is necessary to meet the invasive vegetation removal directives issued by the City's site inspector or contained in any amendments to this agreement. As a general rule, Contractor shall treat one acre with between 25 and 50 gallons of herbicide mixture. The specific amount used will depend on the height and type of invasive vegetation sprayed. Contractor shall apply herbicide directly to the foliage of the target vegetation until the foliage is visibly wet, but not dripping. At smaller sites, Contractor shall use backpack sprayers when applying herbicides. At larger sites, Contractor shall use tank sprayers mounted on ATVs or small booms. Herbicides shall not be applied when wind speed is greater than 5 mph. There shall be no draft or over-spray of herbicides onto native vegetation. Where necessary, Contractor shall manually or mechanically clear invasive vegetation away from native vegetation to protect native vegetation during spraying. In all cases, the spray mixture shall contain a colorant in the amount of 1% of the RFP—Stream Enhancement&Restoration Services Page 11 of 26 Close—February 15,2005—2:00 PM 1. Title Pate Proposer should identify the RFP subject, name and title of contact person, address, telephone number, fax number,email address and date of submission. 2. Transmittal Letter The transmittal letter should be not more than two (2) pages long and should include as a minimum the following: a. A brief statement of the Proposer's understanding of the project and services to be performed; b. A positive commitment to perform the services within the time period specified, starting and completing the project within the deadlines stated in this RFP; and The names of persons authorized to represent the Proposer, their title, address and telephone number (if different from the individual who signs the transmittal letter). 3. Table of Contents The table of contents should include a clear and complete identification by section and page number of the materials submitted. 4. Firm Oualifications a. Background of the fun. This should include a brief history of the firm and types of services the firm is qualified to perform. b. Qualifications of the firm in performing this type of work. This should include examples of related experience and references for similar studies and projects. 5. Proiect Approach a. Submit a work plan to accomplish the scope of work defined in the section entitled "Scope and Schedule of Work" in this RFP. The work plan should include time estimates (in hours) for each significant segment of the project and the staff level to be assigned. Where possible, individual staff members should be named and their titles provided. The planned use of specialists (if any) should be described. b. Indicate the extent to which City personnel would be expected to contribute to the project work effort. 6. Hourly/Unit Pricing The majority of assigned projects shall.be based upon hourly/unit pricing (See Section 4.1)). Proposing funis shall supply hourly/unit cost on provided Attachment D. Only hourly/unit prices that are detailed on Attachment D shall be review by the City. No other form may be used. The City shall evaluate the hourly/unit pricing based upon a rough estimate of the number of hours for standard services involved in anticipated type projects. These are only very rough estimates of the hours required for services. Hours may vary over the life of the contract. The total cost based upon these hours and hourly/unit pricing(i.e. 10 hrs of A task @ $40 + 10 hrs of B task @ $50 = $900) shall determine the ranking in the City's evaluation of this criteria. RFP—Stream Enhancement&Restoration Services Page 13 of 26 Close—February 15,2005—2:00 PM 1. Completed Proposal submitted on time Pass/FaH 2. An original plus three(3) copies of the complete proposal Pass/Fail 3. Transmittal letter Pass/Fail 4. Firm qualifications 50 points The evaluation of the firm's qualifications as listed under Section 5 of this RFP Packet. Technical experience of the firm and prior stream enhancement and restoration service experience with governmental and municipal entities will be evaluated_ 5. Project understanding and approach 25 points An evaluation of the proposer's work plan and general understanding of the project as detailed in Section 5. 6. Unit pricing-evaluation 25 points The evaluation of the proposed fee will consider the overall cost (fees plus out-of-pocket expenses), and the proposed hours and City assistance requested. All of these factors are important in evaluating the reasonableness of the fee and the Proposer's understanding of the requirements. Total Evaluation Points 100 points B. INTERVIEW At the option of the City, the top firms may be required to make a presentation of their proposal. This will provide an opportunity to clarify or elaborate on the proposal, but will not, in any way provide an opportunity to change any fee amount originally proposed. The Project Administrator will schedule the time and location of these presentations (if necessary) and notify the selected firms. Should one or more firms be selected for oral interviews an additional 25 points in scoring will be assigned to the interview process. C. INVESTIGATION OF REFERENCES The City reserves the right to investigate references and the past performance of any proposer with respect to its successful performance of similar projects, compliance with specifications and contractual obligations, its completion or delivery of a project on schedule and its lawful payment of employees and workers. D. CLARIFICATION OF PROPOSALS The City reserves the right to obtain clarification of any point in a firm's proposal or to obtain additional information necessary to properly evaluate or particular proposal. Failure" of a Proposer to respond to such a request for,additional information or clarification could result in rejection of the firm's proposal. E. RESERVATION IN EVALUATION The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award to the vendor determined to best meet the overall needs of the City. F. INTENT OF AWARD Upon review of the proposals submitted, the City may negotiate a scope of work and a General Services Agreement with one firm, or may select one or more firms for further consideration. RFP—Stream Enhancement&Restoration Services Page 15 of 26 Close—February 15,2005—2:00 PM SECTION 7 PROPOSAL CERTIFICATIONS Non-discrimination Clause The Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training; rendition of services. It is fiuther understood that any contractor who is in violation of this clause shall be barred from receiving awards of any purchase order from the City, unless a satisfactory showing is made that discriminatory practices have terminated and that a recurrence of such acts is unlikely. Agreed by: Andrew Harris Firm Name: Harris Stream Services Address: 2270 Arbor Drive West Linn OR. 97068 Resident Certificate Please Check One: Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during :the last twelve calendar months immediately preceding the submission of this proposal. Or 6 Non-resident Vendor: Vendor does not qualify under requirement stated above. (Please specify your state of residence: ) Officer's signature: G✓u Type or print officer's name: Andrew Harris 17 RFP—Stream Enhancement&Restoration Services Page ft of 26 Close—February 15,2005—2:00 PM ATTACHMENT A ACKNOWLEDGMENT OF ADDENDA City of Tigard, Oregon Request for Proposal Stream Enhancement & Restoration Services Close: Tuesday, February 15,2005,2:00 PM UWE HAVE RECEIVED THE FOLLOWING ADDENDA: If none received write "None Received" L. None Received 3. 2. 4. FebnjM 15, 2005 Date Signature of Proposer Owner Title Harris Stream Services Corporate Name 0 RFP—Stream Enhancement&Restoration Services Page Prof 26 Close—February 15,2005—2:00 PM ATTACI EWENT C CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO STREAM ENHANCEMENT&RESTORATION SERVICES THIS AGREEMENT made and entered into this (Day) of (Month), (Year) by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and (Contractor's Name), hereinafter called Contractor. RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The parties agree as follows: 1. SERVICES TO BE PROVIDED . Contractor agrees to provide services related to (enter project title or brief description) as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on(Enter end date). All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding (Amount in words) and (00-99)/100 dollars ($Amount in numbers) for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. 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 RFP—Stream Enhancement&Restoration Services Page 21 of 26 Close—February 15,2005—2:00 PM unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall 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 shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall,upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON-DISCPJNHNATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. 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 any goods or services which require the use of a vehicle, 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 RFP—Stream Enhancement&Restoration Services Page 23 of 26 Close—February 15,2005—2:00 PM I 21. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both 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 Contractor 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. - CI'T'Y OF TIGARD Approved by Tigard's Local Contract Review Board on: By: Authorized City'staff-person letting contract Date CONTRACTOR >�` Harris Stream Services By: Company Name Andrew Farris,Owner Print Name 'tle of AuthorizeMR tative February 15,2005 Sign Name Date 2.� RFP—Stream Enhancement&Restoration Services Page.*of 26 Close—February 15,2005—2:00 PM