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Pacific Habitat Services ~ C190035 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUSTACCOMPANYEVERYCONTRACT) ^� Contract Title: Pacific Habitat Services On-Call Environmental Permitting Support Services Number: ('{/ Contractor: Pacific Habitat Services-Inc. Contract'Total: N/A Contract Overview-: On-Call Contract Categogr r 3.1 —En%jronmental Permitting Support Seri-ices Initial Risk Level: ❑ Extreme p High K Moderate ❑Low Risk Reduction Steps: Following Risk Matrix issues v-M be addressed on a pro,ject need basis ac time PO issued. Risk Comments: Risk Signature: Contract Manager: Carla Staedter Ext: 2788 Department: PW Engineering Type: F-1 Personal Svc F] Professional Svc ❑ __�rchtte.ctural Agr 9 Public Imp ❑ ,en :al Svc ❑ Engineering Svc ❑ Other: Start Date: End Date: 3I A 91 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE On-call OBS process. Account String: Fund-Division-Account W rk Order—Activily Tag Amount FY saswdo rta'e 1 41`x. FY FY FY FY Approvals - LCRB Date: 11 Department Comments: Department Signature: Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approrvls, forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract#C I q00a 95 CITY OF TIGARD,OREGON PROFESSIONAL SERVICES AGREEMENT ON-CALL ENVIRONMENTAL PERMITTING SUPPORT SERVICES THIS AGREEMENT,made and entered into this 9'day of January,2019,by and between the City of Tigard,a municipal corporation,hereinafter referred to as the "City," and Pacific Habitat Services, Inc,hereinafter referred to as the "Consultant." RECITALS WHEREAS, the City's Fiscal Year 2018-2019 budget provides for on call environmental permitting support services for various projects;and WHEREAS,the accomplishment of the work and services described in this Agreement is necessary and essential to the program of the City; and WHEREAS, the City desires to engage the Consultant to render professional on call environmental permitting support services for the various on call projects,and the Consultant is willing and qualified to perform such services; THEREFORE,in consideration of the promises and covenants contained herein,the parties hereby agree as follows: 1. Consultant's Scope of Services The Consultant shall perform professional on call environmental services relevant to the Project in accordance with the terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and by this reference made a part of this Agreement. 2. Effective Date and Duration This agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on completion of the work or January 31, 2021 whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. Consultant's Fee A. Basic Fee 1) As compensation for Basic Services as described in Exhibit A of this Agreement, and for services required in the fulfillment of Paragraph 1,the Consultant shall be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of this agreement, which shall constitute full and complete payment for said services and all expenditures which may be made and expenses incurred, except as otherwise expressly provided in this Agreement. No task order assigned under this Agreement may exceed One Hundred Thousand and No/100 Dollars ($100,000.00) at any point, including all change orders assigned to that particular task order. 2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services to be provided by the Consultant and is not necessarily related to the estimated construction cost of the Project. In the event that the actual construction cost differs from the estimated construction cost, the Consultant's compensation will not be adjusted unless the Scope of Services to be provided by the Consultant changes and is authorized and accepted by the City. B. Payment Schedule for Basic Fee Payments shall be made upon receipt of billings based on the work completed. Billings shall be submitted by the Consultant periodically, but not more frequently than monthly. Payment by the City shall release the City from any further obligation for payment to the Consultant for service or services performed or expenses incurred as of the date of the statement of services. Payment shall be made only for work actually completed as of the date of invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Payment for Special Services Only when directed in writing by the City, the Consultant shall furnish or acquire for the City the professional and technical services based on the hourly rate schedule as described in Exhibit B of this contract for minor project additions and/or alterations. D. Certified Cost Records The Consultant shall furnish certified cost records for all billings pertaining to other than lump sum fees to substantiate all charges. For such purposes,the books of account of the Consultant shall be subject to audit by the City. The Consultant shall complete work and cost records for all billings on such forms and in such manner as will be satisfactory to the City. E. Contract Identification The Consultant shall furnish to the City its employer identification number, as designated by the Internal Revenue Service, or social security number,as the City deems applicable. F. Payment—General 1) Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 2) Consultant shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one 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. 3) Consultant shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of Consultant or all sums which Consultant agrees to pay for such services and all moneys and sums which Consultant 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. 4) The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5) Consultant shall make payments promptly, as due,to all persons supplying services or materials for work covered under this contract. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any account of any service or materials furnished. 6) If Consultant fails,neglects or refuses to make prompt payment of any claim for labor, 21Page materials,or services furnished to Consultant, sub-consultant or 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 to the Consultant. The payment of the claim in this manner shall not relieve Consultant or their surety from obligation with respect to any unpaid claims. 4. Ownership of Plans and Documents: Records A. The field notes, design notes, and original drawings of the construction plans, as instruments of service, are and shall remain,the property of the Consultant;however,the City shall be furnished, at no additional cost,one set of previously approved reproducible drawings, on 3 mil minimum thickness mylar as well as diskette in "DWG" or "DXF" format, of the original drawings of the work. The City shall have unlimited authority to use the materials received from the Consultant in any way the City deems necessary. B. The City shall make copies,for the use of and without cost to the Consultant, of all of its maps, records, laboratory tests, or other data pertinent to the work to be performed by the Consultant pursuant to this Agreement, and also make available any other maps, records,or other materials available to the City from any other public agency or body. C. The Consultant shall furnish to the City, copies of all maps, records, field notes, and soil tests which were developed in the course of work for the City and for which compensation has been received by the Consultant at no additional expense to the City except as provided elsewhere in this Agreement. 5. Assignment/Delegation Neither party shall assign,sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If City agrees to assignment of tasks to a subcontract,Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them,and neither the approval by City of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and City. 6. Consultant is Independent Contractor A. The City's project director, or designee, shall be responsible for determining whether Consultant's work product is satisfactory and consistent with this agreement, but Consultant is not subject to the direction and control of the City. Consultant shall be an independent contractor for all purposes and shall be entitled to no compensation other than the compensation provided for under Section 3 of this Agreement. B. Consultant is an independent contractor and not an employee of City. Consultant acknowledges Consultant's status as an independent contractor and acknowledges that Consultant is not an employee of the City for purposes of workers compensation law, public employee benefits law, or any other law. All persons retained by Consultant to provide services under this contract are employees of Consultant and not of City. Consultant acknowledges that it is not entitled to benefits of any kind to which a City employee is entitled and that it shall be solely responsible for workers compensation 31Page coverage for its employees and all other payments and taxes required by law. Furthermore, in the event that Consultant is found by a court of law or an administrative agency to be an employee of the City for any purpose,City shall be entitled to offset compensation due, or to demand repayment of any amounts paid to Consultant under the terms of the agreement, to the full extent of any benefits or other remuneration Consultant receives (from City or third party) as a result of said finding and to the full extent of any payments that City is required to make (to Consultant or to a third party) as a result of said finding. C. The undersigned Consultant hereby represents that no employee of the City or any partnership or corporation in which a City employee has an interest, has or will receive any remuneration of any description from the Consultant, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. D. If this payment is to be charged against Federal funds, Consultant certifies that he/she is not currently employed by the Federal Government and the amount charged does not exceed his/her normal charge for the type of service provided. E. Consultant and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 hours or more in the calendar year by any public employer participating in the Retirement System. F. Consultant shall obtain,prior to the execution of any performance under this Agreement, a City of Tigard Business License. The Tigard Business License is based on a calendar year with a December 31st expiration date. New businesses operating in Tigard after June 30th of the current year will pay a pro-rated fee though the end of the calendar year. G. Consultant is not an officer,employee,or agent of the City as those terms are used in ORS 30.265. 7. Indemnity A. The City has relied upon the professional ability and training of the Consultant as a material inducement to enter into this Agreement. Consultant represents to the City that the work under this contract will be performed in accordance with the professional standards of skill and care ordinarily exercised by members of the Consultant's profession under similar conditions and circumstances as well as the requirements of applicable federal, state and local laws,it being understood that acceptance of an Consultant's work by the City shall not operate as a waiver or release. Acceptance of documents by City does not relieve Consultant of any responsibility for design deficiencies, errors or omissions. B. Claims for other than Professional Liability. Consultant agrees and shall indemnify, defend, save and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of whatsoever nature, including intentional acts resulting from or arising out of the activities of Consultant or its subcontractors, sub- consultants, agents or employees in performance of this contract at both trial and appeal level,whether or not a trial or appeal ever takes place including any hearing before federal 41rage or state administrative agencies.. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever,such illegality or invalidity shall not affect the validity of the remainder of this indemnification. C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save and hold harmless the City of Tigard,its officers,employees,agents,and representatives from all claims, suits, or actions and all expenses incidental to the investigation and defense thereof, arising out of the professional negligent acts, errors or omissions of Consultant or its subcontractors,sub-consultants,agents or employees in performance of professional services under this agreement. Any work by Consultant that results in a design of a facility that is not readily accessible to and usable by individuals with disabilities shall be considered a professionally negligent act,error or omission. D. As used in subsections B and C of this section, a claim for professional responsibility is a claim made against the City in which the City's alleged liability results directly or indirectly, in whole or in part, from the quality of the professional services provided by Consultant, regardless of the type of claim made against the City in performance of this contract. A claim for other than professional responsibility is a claim made against the City in which the City's alleged liability results from an act or omission by Consultant unrelated to the quality of professional services provided by Consultant in performance of this contract. 8. Insurance Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of Consultant's activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of City and that any other insurance maintained by City is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the Consultant and its subcontractors shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an"occurrence"form(CG 20101185 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 $3,000,000 Products-Completed Operations Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $2,000,000 Fire Damage (Any one fire) $50,000 51 a B. Professional Liability Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this contract, Professional Liability Insurance covering any damages caused by any actual or alleged negligent act, error or omission in the rendering of or failure to render Professional Services. Combined single limit per claim shall not be less than$2,000,000,or the equivalent Annual aggregate limit shall not be less than$3;999;999-and filed on a"claims-made" form. off? C. Commercial Automobile Insurance 0^1SVS Consultant shall also obtain, at Consultant's expense,and keep in effect during the term of the contract (Symbol l or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on an"occurrence" form including coverage for all owned,hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than$2,000,000. If Contractor operates a personally-owned vehicle for business use under this contract, the Contractor shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$2,000,000. D. Workers'Compensation Insurance The Consultant, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are 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. 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. Consultants 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$1,000,000 each accident E. Additional Insured Provision All policies aforementioned, other than Workers' Compensation and Professional Liability, shall include the City its officers,employees,agents and representatives as additional insureds with respect to this contract. Coverage will be endorsed to provide a"per project"aggregate. F. Extended Reporting Coverage If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended Reporting coverage will be required at the completion of this contract to a duration of 24 months or the maximum time period the Consultant's insurer will provide such if less than 24 months. Consultant will be responsible for furnishing certification of Extended Reporting coverage as described or continuous "claims-made" liability coverage for 24 months following contract completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting coverage, provided its retroactive date is on or before the effective date of this contract Coverage will be endorsed to provide a "per project"aggregate. 61Page G. Insurance Carrier Rating Coverage provided by the Consultant must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VII" or better,or equivalent. The City reserves the right to reject all or any insurance carrier(s)with an unacceptable financial rating. H. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum insurance requirements for the type of coverage required. If the Contractor is self-insured for commercial general liability or automobile liability insurance the Contractor must provide evidence of such self-insurance. The Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a form acceptable to the City. The City reserves the right in its sole discretion to determine whether self-insurance is adequate. I. Certificates of Insurance As evidence of the insurance coverage required by the contract,the Consultant shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the address below prior to coverage expiration. J. IndgVendent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer, employee or agent of the City as those terms are used in ORS 30.265. K. Primary Coverage Clarification The parties agree that Consultant's coverage shall be primary to the extent permitted by law. The parties further agree that other insurance maintained by the City is excess and not contributory insurance with the insurance required in this section. L. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability and commercial automobile policies required by this contract. A certificate in form satisfactory to the City certifying to the issuance of such insurance will be forwarded to: City of Tigard Attn: Contracts and Purchasing Office 13125 SW Hall Blvd Tigard, Oregon 97223 At the discretion of the City, a copy of each insurance policy, certified as a true copy by an 7 , g authorized representative of the issuing insurance company may be required to be forwarded to the above address. Such policies or certificates must be delivered prior to commencement of the work. The procuring of such required insurance shall not be construed to limit Consultant's liability hereunder. Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract. 9. Termination Without Cause At any time and without cause, City shall have the sight in its sole discretion, to terminate this Agreement by giving notice to Consultant. If City terminates the contract pursuant to this paragraph,it shall pay Consultant for services rendered to the date of termination. 10. Termination With Cause A. City may terminate this Agreement effective upon delivery of written notice to Consultant, or at such later date as may be established by City,under any of the following conditions: 1) If City funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds. 2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. 3) If any license or certificate required by law or regulation to be held by Consultant,its subcontractors, agents, and employees to provide the services required by this Agreement is for any reason denied,revoked,or not renewed. 4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by or against Consultant,if a receiver or trustee is appointed for Consultant,or if there is an assignment for the benefit of creditors of Consultant. Any such termination of this agreement under paragraph (A) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. B. City, by written notice of default (including breach of contract) to Consultant, may terminate the whole or any part of this Agreement: 1) If Consultant fails to provide services called for by this agreement within the time specified herein or any extension thereof, or 2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms,and after receipt of written notice from City,fails to correct such failures within ten days or such other period as City may authorize. 3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement. 8 1 Page The rights and remedies of City provided in the above clause related to defaults (including breach of contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement If City terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by Consultant bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by City due to breach of contract by Consultant. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 11. Non-Waiver The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of this Agreement or to exercise any rights hereunder,should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any fixture occasion. 12. Method and Place of Giving Notice, Submitting Bills and Making Payments All notices,bills and payments shall be made in writing and may be given by personal delivery, mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: CITY OF TIGARD _ _ PACIFIC HABIT'A'T SERVICES,INC Attn: Carla Staedter Attn:John van Staveren Address: 13125 SW Hall Blvd. Address: 9450 SW Commerce Cir Ste 180 Tigard, Oregon 97223 Wilsonville OR 97070 Phone: (503) 718-2788 Phone: (503)570-0800 Email: carla@jgard-or.gov Email: jvs@,Vacifichabitat.com and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to who notices,bills and payments are to be given by giving written notice pursuant to this paragraph. 13. Merger This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 14. Professional Services The City requires that services provided pursuant to this agreement shall be provided to the City by an Consultant,which does not represent clients on matters contrary to City interests. Further, 9 1 Page Consultant shall not engage services of an Consultant and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests. Should the Consultant represent clients on matters contrary to City interests or engage the services of an Consultant and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to City interests, Consultant shall consult with the appropriate City representative regarding the conflict After such consultation,the Consultant shall have seven (7) days to eliminate the conflict to the satisfaction of the City. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 10 (B-3) of this agreement 15. Force Majeure Neither City nor Consultant 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, an act of God or of a public enemy,civil unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area- wide strike,freight embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided that the parties so disenabled shall within ten 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 16. Non-Discrimination Consultant agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. All facilities designed by Consultant under this contract shall be designed to be readily accessible to and usable by individuals with disabilities as required by the Americans with Disabilities Act. 17. Errors Consultant shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 18. Extra (Changes)Work Only the City's Project Manager may authorize extra (and/or change) work. Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such work. 10 g 19. Governing Law The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 20. Choice of Law,Venue The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon Circuit Court in Washington County or the US District Court for Oregon,Portland. 21. Compliance With Applicable Law Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement,including those set forth in ORS 279A,279B,and 279C. 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 said terms of said proposal conflicting herewith. 23. Access to Records City shall have access to such books, documents, papers and records of Consultant as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 24. Audit Consultant shall maintain records to assure conformance with the terms and conditions of this Agreement,and to assure adequate performance and accurate expenditures within the contract period. Consultant agrees to permit City, the State of Oregon,the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. 25. 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. 26. &Vresentations and Warranties Consultant represents and warrants to the City that: A. Consultant has the power and authority to enter into and perform this Agreement. B. This Agreement, when executed and delivered, is a valid and binding obligation of Consultant, enforceable in accordance with its terms. 111 Page C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no fewer than six calendar years (or since the firm's inception if less than that) preceding the effective date of this Agreement, faithfully has complied with: 1) All tax laws of this state,including but not limited to ORS 305.620 and ORS chapters 316, 317,and 318; 2) Any tax provisions imposed by a political subdivision of this state that applied to Consultant, to Consultant's property, operations, receipts, or income, or to Consultant's performance of or compensation for any work performed by Consultant; 3) Any tax provisions imposed by a political subdivision of this state that applied to Consultant,or to goods,services,or property,whether tangible or intangible,provided by Consultant;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual propertyrights or such delivered to the City under this Agreement, and Consultant's services rendered in the performance of Consultant's obligations under this Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions of use, transfer,modification,or assignment,and shall be free and clear of any and all liens, claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind. 27. Compliance with Tax Laws A. Consultant must, throughout the duration of this Agreement and any extensions, comply with all tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon. For the purposes of this Section, "tax laws" includes all the provisions described in subsection 25.C. 1) through 4) of this Agreement. B. Any violation of subsection A of this section shall constitute a material breach of this Agreement. Further, any violation of Consultant's warranty, in subsection 25.0 of this Agreement,that the Consultant has complied with the tax laws of the State of Oregon and the applicable tax laws of any political subdivision of this state also shall constitute a material breach of this Agreement. Any violation shall entitle the City to terminate this Agreement, to pursue and recover any and all damages that arise from the breach and the termination of this Agreement, and to pursue any or all of the remedies available under this Agreement,at law,or in equity,including but not limited to: 1) Termination of this Agreement,in whole or in part; 2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to Consultant,in an amount equal to State's setoff right,without penalty; and 3) Initiation of an action or proceeding for damages, specific performance, declaratory or injunctive relief. The City shall be entitled to recover any and all damages suffered as the result of Consultant's breach of this Agreement, including but not limited to direct,indirect,incidental and consequential damages,costs of cure,and costs incurred in securing a replacement Consultant. 12 1 Page These remedies are cumulative to the extent the remedies are not inconsistent, and the City may pursue any remedy or remedies singly, collectively, successively, or in any order whatsoever. 28. 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 Exhibits, 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 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. Consultant, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Consultant has executed this Agreement on the date hereinabove first written. Awarded by Tigard's Local Contract Review Board at their December 11,2018 meeting. CITY OF TIGARD PAC IC HABITA ERVICES,INC r By: Marty Wine,tity Manager By:Auth d Contractor Representative Date Date 13 age EXHIBIT A SCOPE OF SERVICES The Consultant shall render professional environmental permitting support services including: Corp of Engineers / Department of State Lands wetland removal and fill permits Qoint Permit Applications), wetland delineations, Compensatory Wetland Mitigation Plans, Clean Water Services Vegetated Corridor assessments and mitigation plans, Wetland and Stream Monitoring Plans and yearly reports, archaeological and cultural resource studies, wildlife studies, hazardous materials studies,rare and noxious plants studies and/or biological assessments. All work shall be as described below,which demonstrate the broad and diverse range of services the City may contract for,not the scope of a typical Task Order. A. Project Management 1. Work Scope and proposal development assistance for a particular task order. 2. Prepare and maintain the project schedule, and manage consultant staff and subconsultants to meet schedule project milestones. 3. Schedule and conduct project meetings and prepare agendas and meeting notes. 4. Prepare monthly progress reports, invoices, and cost versus budget vs percent complete reports. B. Concept Planning 1. Research"as-built"records and other historical data. 2. Perform technical evaluations, literature research, field investigations, mathematical analyses, computer modeling,permitting agency coordination, and/or other work to determine current conditions and potential constraints and fatal flaws affecting the permitting or construction of a future project. 3. Identify and evaluate concept level project alternatives and prepare conceptual designs and cost estimates for future projects. 4. Create project design criteria and/or performance criteria for future projects. 5. Update existing utility master plans. 6. Participate/Lead public meetings to forward conceptual design and solicit public input. C. Preliminary and Final Design 1. Participate in preliminary (30%, 609/6) and final (90%, Final) project designs, drawings, and specifications based upon City Standards, ODOT Standards, Clean Water Services Standards and/or other standards, including preparing supplemental general conditions and special provisions. Prepare Consultants Estimates and Bid Documents. 2. Perform specialized field investigations such as soil borings and other geotechnical investigations, water quality sampling, open channel flow measurements, pavement management surveys, pipeline condition assessments and leak studies, traffic and pedestrian studies, speed studies, and signal timing evaluations. 3. Conduct design review meetings, document and distribute review comments, and revise designs,drawings, specifications,and contract documents as needed. 4. Perform field and topographic surveys to support concept designs and/or final design and drawing preparation. 5. Prepare environmental reviews and documentation, environmental permit application submittals, and permitting agency coordination. 14 1 Page 6. Prepare documents and maps for right-of-way,easement, and property acquisitions,and assist with title work and negotiations. D. Construction Consultation and Field Services 1. Perform surveying services as requested during construction. 2. Perform as-built surveys, establish final survey monuments per County standards, and file official maps with the City or County as needed. 3. Provide on-site consultation and inspection support during construction, including field evaluation of specification compliance, submittal reviews, change order reviews, design revisions,billing and quantity reviews, and construction management. 4. Prepare hard copy and electronic as-built record drawings following construction completion. E. Investigations, Studies,Analyses and Other Consulting 1. Cost of service analyses (e.g.,rate studies and evaluations) 2. Environmental studies, assessments, reports, and submittals such as wetland delineations, mitigation plans, and Joint Permit Applications 3. Regulatory compliance studies and submittals such as Water Management and Conservation Plans, annual water rights reports, mixing zone studies, and Americans with Disabilities Act (ADA) compliance assessments 4. Seismic and structural analyses 5. Forensic investigations and analyses 6. Computer Applications support services (GIS,GPS,AutoCad) 15 1 Page EXHIBIT B CONSULTANT'S PROPOSAL 161 Qualification-based Request for Proposal On-call Civil Engineering And Other Related Services Prepared for City of Tigard—Contracts and Purchasing Office Attn: Joe Barrett,Principal Management Analyst 13125 SW Hall Boulevard Tigard, Oregon 97223 503-718-2477 503-684-7297 FAX Email: joesph@tigard-or.gov Submitted by Pacific Habitat Services,Inc. Attn: John van Staveren 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX EMAIL: jvs@pacifichabitat.com Submission Date: November 7, 2018, 2 pm PHS4 iPHSA J, PACIFIC HABITAT SERVICES, INC 9450 SW Commerce Circle,Suite 180 (800)871-9333•(503)570-0800•Fax(503)570-0855 Wilsonville,OR 97070 November 7,2018 City of Tigard Attn: Joe Barrett,Principal Management Analyst 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Joe: Pacific Habitat Services, Inc. (PHS)is pleased to respond to the City of Tigard's On-Call Civil Engineering and Other Related Services Request for Proposal.PHS is submitting this proposal for the Category 3.1-Environmental Permitting Support Services. We have worked both in and for the City for over 25 years and have a proven track record of providing high quality work,which is delivered on time and at a reasonable cost to ensure that your projects are constructed on schedule and on budget. We pride ourselves on our excellent reputation with state, federal and local agencies. PHS is committed to continuing to provide the City with the highest quality consulting services in Oregon. Publicly-funded projects are often multifaceted, for which multiple design alternatives may be analyzed for safety,budget constraints,public opinion, and effects on threatened and endangered species,wetlands, and waterways. Services necessary for such projects can include conducting wetland delineations, conducting surveys for threatened, endangered, or sensitive plant and animal species; Clean Water Services vegetated corridor assessments,preparing mitigation plans; obtaining state and federal permits, and mitigation plans. Other services (some of which we subcontract)may include wetland and stream monitoring plans and yearly reports, archaeological and cultural resource studies, wildlife studies,hazardous materials studies,rare and noxious plants studies and/or biological assessments. The City of Tigard must have consultants that understand all of the federal, state and local permitting requirements for a given project, and can provide expertise in guiding the project through the permitting processes to ensure there are no delays. Regulatory jurisdiction and permitting may include the federal Endangered Species Act(ESA),which is administered by the US Fish and Wildlife Service and the National Marine Fisheries Service,the Oregon Endangered Species Act of 1987 (DESA), which is administered by the Oregon Departments of Agriculture (ODA) and Fish and Wildlife (ODFW); Section 404 of the Clean Water Act administered by the Corps of Engineers and Department of Environmental Quality, the Oregon Removal/Fill Law administered by the Department of State Lands, and Clean Water Services natural resource assessments. PHS has developed excellent working relationships with the regulatory agencies and has determined that proactive interaction ensures a timely review of all permit applications. Oregon General Contractor:CCB#94379 City of Tigard Attn: Joe Barrett,Principal Management Analyst City of Tigard's Request for Qualifications—On-Call Civil Engineering and Other Related Services Pacific Habitat Services November 7,2018 Page 2 In addition to understanding the biological consequences of constructing projects and the regulatory requirements associated with project implementation, the City of Tigard may also need a consultant that understands how to successfully design and implement restoration,mitigation and bioengineering projects and monitor their success. For example, successful wetland restoration projects often require an understanding of soil chemistry,plant dynamics, and hydrologic constraints. PHS can conduct wetland projects,ranging from the initial analysis of the alternative sites, to wetland delineations,wetland assessment,wetland mitigation planning and design,plant procurement,wetland mitigation construction and planting, and the monitoring of wetlands. PHS is a licensed general contractor in Oregon(CCB #94379). We provide construction supervision, contractor training, construction scheduling, and installation of natural resource proj ects. John van Staveren,President,who has over thirty years of experience working on often- complicated projects,will be the person authorized to represent PHS in negotiations and to sign contracts that may result for the above services. John will also be serving as the project manager. He can be contacted at: Pacific Habitat Services, Inc. 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 • (503) 570-0855 (FAX) jvs@pacifichabitat.com(e-mail) Our federal and state tax identification numbers are: 93-1121144(federal)and 0-6988-27-2 (state). Our state of incorporation is Oregon. PHS accepts all terms and conditions contained in this RFQ with the exception of required professional liability of$3,000,000 annual aggregate in the sample contract. We would request a modification to the contract for this amount to be $2,000,000. Thank you for your consideration. We look forward to assisting the City with their capital improvement projects. Sincerely, PACIFIC HABITAT SERVICES, INC. John van Staveren President/Project Manager TABLE OF CONTENTS Page SOFTWARE RESOURCES AND DELIVERABLES...........................................................3 GENERAL QUALIFICATIONS AND RESPONSIVENESS...............................................3 UNDERSTANDING AND PROJECT MANAGEMENT APPROACH..............................5 CATEGORY SPECIFIC COMPANY QUALIFICATIONS.................................................7 CATEGORY SPECIFIC TECHNICAL PERSONNEL........................................................9 PROPOSALCERTIFICATIONS..........................................................................................11 SIGNATUREPAGE................................................................................................................12 ATTACHMENTA...................................................................................................................13 ATTACHMENTB...................................................................................................................14 ATTACHMENTC...................................................................................................................15 SOFTWARE RESOURCES AND DELIVERABLES PHS operates a Windows-based computer system. Our software,which is completely compatible with the City of Tigard's software, includes AutoCAD v. 2018 (we regularly work with engineering companies who use MicroStation), ESRI ArcMap,Adobe Acrobat,MS Word/Excel 2010 and we of course have e-mail and intemet capability. PHS also has a digital copier that is able to print in color and scan documents. We are capable of printing in 11 X 17 format, however, for prints larger than 11 X 17 we send to Salem/Lake Owego Blue Printing. We acknowledge that contract conditions, requires consultants to agree that: a. Upon completion of a project, copies of all materials generated in the course of the project shall be provided to the City in both reproducible hard-copy and original electronic format; and b. All materials and documents acquired or produced in conjunction with a project shall be delivered to and become the property of the City of Tigard,without restriction or limitation of their future use. GENERAL QUALIFICATIONS AND RESPONSIVENESS Pacific Habitat Services,Inc. (PHS)is a multidisciplinary environmental consulting firm established in 1993 and based in Wilsonville,which is our only office. We provide a wide range of services to the public and private sectors, ranging from environmental permitting to natural resource design and construction. Our nineteen employees (see Organizational Chart below) offer professional expertise in the disciplines of wetland science,wildlife biology, hydrology, soil science,botany, and environmental planning. We specialize in regulatory permitting,natural resource assessments, habitat restoration,wetland delineations, and planning. PHS is a licensed general contractor,providing construction supervision, construction scheduling, and installation of natural resource projects. John van Staveren President Project Manager Biologists (5) Biologists (8) Fish Biologist (1) HydrologistRestoration Ecologist(1) CAD/Graphic Administration/Technical City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 3 Key Management/Project Management Personnel John has managed environmental consulting projects for the past 30 years; 23 years at the PHS office in Wilsonville. John will be Project Manager for the duration of this contract, and will be responsible for any sub-consultant work and for the day-to-day direction and internal management of the consultant effort. He has extensive experience reviewing task orders and contracts for a number of agencies and municipalities throughout the State. As President there is no dollar limit to the contracts that he can review. f. Other information that you believe will assist the City in making its selection. PHS has conducted over 80 projects within the City limits and is very familiar with its natural resources. As the majority of PHS staff have worked at the company for over 14 years,the personnel assigned to the task orders will have a very good understanding of what is required to ensure each project is a success. In addition, PHS' extensive experience with Clean Water Services', State, and Federal regulations will be invaluable to ensure projects' success. g. Minimum Qualifications—Proposers shall document their firm's ability to meet the following minimum qualifications: PHS can meet the Minimum Qualifications as follows: 1)Ability to provide State of Oregon Registered Professional Engineer or Land Surveyor,or other licensed professional(s)as required for any individual project-specific task. The work provided by PHS is not required to be licensed; however,we have five staff members who have obtain Certification as a Professional Wetland Scientist. John van Staveren Amy Hawkins Craig Turner Joe Thompson Amber Clark 2)Minimum of five(5)years in business providing professional consulting services under the same corporate name,or for recently created or incorporated firms,a minimum of ten years of relevant professional experience for the principal owner of the firm. PHS was incorporated in September 1993, and just celebrated 25 years of providing professional consulting services to private and government clients in Oregon. John van Staveren,Principal, has over 30 years of experience as a wetland scientist, 23 of those with PHS. 3)Ability to meet Insurance and Indemnification requirements currently required by the City(see attached Professional Services Agreement Template). PHS can meet all insurance and indemnification requirements required by the City with the exception of the $3,000,000 annual aggregate required for Professional Liability. We currently carry$2,000,000 in both"each claim"and"aggregate". 4)Meeting the Representations and Certifications required in the RFP. PHS has five Professional Wetland Scientists on our staff. City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 4 i 5)Ability to execute a Professional Services Agreement with the City. As stated above, John van Staveren is President of PHS, and has extensive experience reviewing task orders and contracts for a number of agencies and municipalities throughout the State.As President there is no dollar limit to the contracts that he can review. UNDERSTANDING AND PROJECT MANAGEMENT APPROACH PHS has completed numerous projects both for the City and in the City limits and has an excellent understanding of its natural resources, its development code,its management structure and style, and the values that are important to its staff. We have assisted the City in numerous projects over the past 25 years,which have included addressing state and federal wetland regulations, the Endangered Species Act, Clean Water Services requirements and supervising the construction of natural resource projects. The City of Tigard must have consultants that understand all of the federal, state and local permitting requirements for a given project, and can provide expertise in guiding the project through the permitting processes to ensure there are no delays. PHS has developed excellent working relationships with the regulatory agencies and has determined that proactive interaction ensures a timely review of all permit applications. We are successful,because we understand the regulations,pay attention to detail and have the experience that allows us to see the project as a whole,without focusing on just the environmental aspects. We have an excellent relationship and reputation with the regulatory agencies,but also conduct our projects with an understanding that our client is the City. This ensures that we have the principal goals of the project in mind(e.g. flood control, water quality treatment, improved traffic flow,pedestrian access)when addressing environmental aspects (e.g. wetland impacts, riparian enhancement,wildlife and fish habitat improvements). PHS works with the City and the project team throughout the life of the project to ensure that environmental issues are raised from the beginning and that team members are regularly updated on project developments. We have either worked as subconsultants to engineering companies or have contracted directly with the City on numerous projects. Our thorough understanding of the City's natural resources ensures that we will understand potential project impacts or opportunities no matter where the project is located. This allows us to prepare a scope of services that accurately reflects the services needed. Our extensive knowledge of state,Federal, and local rules and regulations ensures that our scope reflects all of the permitting needs. Managing Task Orders: We approach the development and management of a Task Order the same no matter the funding for the project(e.g. CIP, ODOT-funded). John will communicate with the City's project manager to ensure he thoroughly understands the scope of the project and its goals. We suggest an initial meeting with the City's project manager to ensure the scope of the project is understood. As we are located in Wilsonville,we can quickly visit the location of the project to ensure we understand potential issues prior to the first meeting. City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 5 John will assign an internal project team to work on the project. We manage Task Orders by maintaining communication between team members and by updating our project schedule throughout the life of the project. In general,permitting is the critical path item. The City does not want to bid a project without the permits in hand,which can lead to project delays and cost overruns. We manage this by working with the project team to set the bid date early in the project and by scheduling work tasks backwards from this date. We will work with the City to establish a date prior to the bid date when permits must be in hand. This date is often two months before the bid let. This cannot always be achieved given other project constraints,but this type of discussion is necessary to set the date for when each work task must be completed. Successful project management is dependent on good communication,the correct allocation of resources, and the commitment by team members to conduct the best work of which they are capable. Communication between the PHS project manager and the City is a key factor in ensuring expectations are met and changes during the course of the project are successfully managed. Communication between project team members is no less important. We recommend the City meet with the PHS project manager and other team members at the beginning of each project. This ensures that all team members are provided with the same information at the outset of the project and that a rapport is established within the project team. We also recommend(and this may depend on the size of the project)regular telephone calls to discuss the project's progress. John is the PHS President and will be the primary person responsible for negotiating contracts; however, John will likely not always be the project manager that works directly with City staff. Quality and Cost Control: Quality and cost control is a PHS priority. This includes accurate and efficient data collection, accurate and legible graphics, and concise written documents. Field work is conducted in a timely manner and within budget. Data collected in the field is entered into computer spreadsheets and reviewed by at least two team members for accuracy. Documents, graphics, and data forms undergo a thorough review process, including a final review by the project manager. Project progression and quality control are an important part of PHS' project management approach. Internal communication regarding project updates with the project manager is required. PHS maintains a policy of daily communication, as needed,regarding project progress. Work quality is maintained through internal peer review of reports. Reports, documents, and plans undergo a series of internal reviews, as well as technical editing,prior to submittal to the agency or the client. Projects are conducted on budget and on schedule. Staff time on each project task is entered weekly into our Windows-based computer spreadsheet program by our administrative staff. This allows the project manager to quickly ascertain the progress on each task. It also accurately tracks the project budget for efficient cost control. Task and budget information will be sent to the City or the prime consultant documenting the progress. City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 6 The PHS project team has the expertise and the ability to respond to any level of work that is required by the City. Our team members are used to working on projects of all sizes and would be available to the City regardless of the project's size and scope. Responding to the City's needs will be a priority. We foresee,therefore,that when projects are available,we will respond quickly and efficiently to the request. If for any reason,we cannot fulfill the request in a timely manner,we will immediately inform the City ensuring the project is not delayed. One of the most important aspects to ensuring a successful project is having open lines of communication. There can likely never be too much communication. All PHS team members regularly communicate via email or telephone. Good communication ensures that project assumptions are agreed to,that changes in project directions are discussed and deliverable dates are met. PHS often coordinates regular conference calls to update clients on project status. CATEGORY SPECIFIC COMPANY QUALIFICATIONS Summary table listing example projects with brief descriptions for the work category,"Environmental Permitting Support Services". Project Name Brief Description 124th Avenue and Ann Court Culvert Wetland delineation,Natural Resource Assessment, Replacement DSL/Corps Permitting City of Tigard Fanno Creek Trail(Woodard Park-Bonita Wetland delineation,Natural Resource Assessment, Road) DSL/Corps Permitting City of Ti ard/ODOT SW Walnut Street Mitigation Monitoring City of Tigard Jack Park Master Plan Wetland delineation,Natural Resource Assessment City of Tigard Wall Street Extension Wetland Delineation,Natural Resource Assessment City of Tigard Public Works Yard wetland delineation Wetland delineation and Natural Resource City of Tigard Assessment Beaverton Center for the Arts Wetland delineation,Natural Resource Assessment, City of Beaverton Hocken Bridge Wetland delineation,Natural Resource Assessment, City of Beaverton DSL/Corps Permitting Hall Creek Enhancement Plan Wetland delineation,Natural Resource Assessment, City of Beaverton DSL/Corps Permitting Canyon Road Bike Lane Wetland delineation,Natural Resource Assessment, City of Beaverton DSL/Corps Permitting Kelly Creek Detention Facility Wetland delineation,DSL/Corps Permitting City of Gresham 28th Avenue improvements Wetland delineation,Natural Resource Assessment, City of Hillsboro Pe ng NE 231st Avenue Road Widening Wetland delineation,Natural Resource Assessment, City of Hillsboro Permitting City of Tigard-Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 7 Project Name Brief Description Public Training Facility Ci of Hillsboro Wetland Delineation,Natural Resource Assessment Crystal Springs Wetland Delineation Wetland Delineation City of Portland Kinsman Road Extension permitting DSL/Corps Permitting City of Wilsonville Tooze Road Improvements DSL/Corps Permitting City of Wilsonville Rockinghorse Lane Drainage Improvements DSL/Corps Permitting,Environmental Review, City of Lake Oswego Mitigation Monitoring Kinsman Willamette Waterline Permitting DSL/Corps Permitting City of Wilsonville East-West Connector Road DSL/Corps Permitting City of Wilsonville Please see Appendix for projects in cut sheet format as requested. Key management/project management personnel that were assigned to the representative projects are provided on the project descriptions in the Appendix. These staff members would be potentially available for similar assignments for City of Tigard projects. Below is a table showing work performed for other governmental or quasi-governmental entities under the broad heading of On-Call, Resident Engineer, Town Engineer, Consultant-of-Record, Pre-Qualified, or other designation. Client Dates Existed Services Performed City of Salem 2014—Present Wetland Delineation, State-Federal Wetland Permitting,Biological Assessments Clean Water Services 2012—Present State/Federal Wetland Permitting,Natural Resource Assessments,Mitigation banking City of Gresham 2005-Present Delineations, State/Federal Permitting,Feasibility studies, Site Assessments Clackamas County 2013 -Present State and Federal wetland Permitting,wetland delineations Port of Portland 2013—Present Avian field surveys,mitigation monitoring,raptor monitoring at airport Metro 2013—Present Habitat Assessments, State/Federal/Local Permitting North Clackamas School District 2013—Present Wetland Delineations/State-Federal Wetland Permitting Washington County 2014-Present Goal 5 Inventory and Assessment: Wetlands, Riparian Corridors Mitigation Monitoring City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 8 CATEGORY SPECIFIC TECHNICAL PERSONNEL PHS has 17 technical staff that can perform the professional services requested in this RFQ; all of which are familiar with the City of Tigard and the local area. All work out of the Wilsonville Office. Key team members include, John van Staveren, Shawn Eisner, Dr. Gregg Lomnicky, Craig Tumer,Fred Small, Dale Groff, and Amy Hawkins. A summary of qualifications for each key team member is below. Resumes are in the Appendix at the end of the proposal. Pacific Habitat Services,Inc. Name Background Relevant Experience • over 30 years of experience • Project management John van Staveren . B.S. Marine biology and limnology, 1987 . Wetland analysis and delineation President/Senior (magna cum laude) a Mitigation planning, design, and Scientist • Professional Wetland Scientist, Society of monitoring Wetland Scientists(Number 000506) . Biological assessments 23 years with PHS • ODOT Certified Biologist a Coordination with regulatory agencies Shawn Eisner 15 years of experience . Wetland delineations,permitting, • B.S.Environmental Science/Earth Science, and mitigation design and Natural Resource 1995 monitoring Specialist . Graduate Certificate in Environmental e Natural Resource Assessments, Geology,2002 regularly obtains Service Provider 18 years with PHS , ODOT Certified Biologist Letters • Fisheries management,including salmonid habitat conservation and restoration Dr.Gregg • Over 22 years of experience . Authored and co-authored Lomnicky ■ Ph.D.in Fisheries Science, 1996 publications on fisheries, Fishery Biologist • American Fisheries Society,Life Member salmonid habitat,amphibians,and • Oregon Lake Association classification of lakes and 22 years with PHS e ODOT Certified Biologist watersheds e Prepared numerous Biological Assessments for impacts of proposed construction projects Habitat assessment,including Craig Tumer • 23 years of experience federally and state listed • B.S.Biology, 1989 endangered species Natural Resource a professional Wetland Scientist, Society of • Wetland delineations and function Specialist/ Wetland Scientists(number 00001290) assessments Professional Wetland Scientist ' Virginia Certified Professional Wetland . Environmental resource Delineator(Number 000025) inventories 11 years with PHS e ODOT Certified Biologist • Water quality analysis • Permitting City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 9 Pacific Habitat Services,Inc. Name Background Relevant Experience • Botanical surveys for ESA Fred Small compliance BiologistlBotanist • 22 years of experience • Wetland delineations,permitting a B.S.Biology, 1990 and mitigation design and 22 years with PHS monitoring,habitat assessments • Natural Resource Assessments Amy Hawkins • 15 years of experience . Wetland delineations permitting, Natural Resource B.S. Environmental Science,2000 ,p g, Specialist/ ODOT Certified Biologist and mitigation design and Professional . professional Wetland Scientist Society of monitoring Wetland Scientist etY a Natural Resource Assessments Il years with PHS Wetland Scientists(number 00001959) Amber Clark Natural Resource • 18 years of experience e Wetland delineations,permitting, Specialist/ • M.S.Environmental Science,2006 and mitigation design and Professional . Professional Wetland Scientist, Society of monitoring Wetland Scientist Wetland Scientists • Natural Resource Assessments 4 years with PHS • Restoration Horticulturist with expertise in wetland mitigation e 26 years of experience construction, soil science,water Dale Groff . B.S. Geology, 1998 quality monitoring and revegetation Hydrologist . Oregon Pesticide Consultant License • #125980 Assists in mitigation planning, 25 years with PHS monitoring,construction • Registered Geologist-In-Training(Oregon) coordination,erosion control, bioengineering,and stream restoration City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Page 10 SECTION 8 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 further 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: Firm Name: Pacific Habitat Services,Inc. Address: 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070 Please Check One: Q 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 ❑ Non-resident Vendor: Vendor does not qualify under requirement stated above. (Please specify your state of residence: ) Officer's signature: Type or print officer's name: John van Staveren City of Tigard—Request for Qualifications Professional Services for the 2016 Qualified Pool List Pacific Habitat Services,Inc. Page 11 SECTION 9 SIGNATURE PAGE The undersigned proposes to perform all work as listed in the Specification section, for the price(s) stated; and that all articles supplied under any resultant contract will conform to the specifications herein, The undersigned agrees to be bound by all applicable laws and regulations, the accompanying specifications and by City policies and regulations. The undersigned,by submitting a proposal,represents that: A) The Proposer has read and understands the specifications. B) Failure to comply with the specifications or any terms of the Request for Proposal may disqualify the Proposer as being non-responsive. The undersigned certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The undersigned certifies that all addenda to the specifications has been received and duly considered and that all costs associated with all addenda have been included in this proposal: Addenda: No. N/A through No. inclusive. We therefore offer and make this proposal to furnish services at the price(s) indicated herein in fulfillment of the attached requirements and specifications of the City. Name of firm: Pacific Habitat Services, Inc. Address: 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070 Telephone Number: 503-570-800 Fax Number: 503-570-0855 By: _J"Iawk Date: 11/7/18 (Signature of Authorized Official.If partnership,signature of one partner.) Typed Name/Title: John van Staveren, President If corporation, attest: J"&Wk (Corporate Officer) ❑X Corporation ❑ Partnership ❑ Individual Federal Tax Identification Number(T": 93-1121144 City of Tigard—Request for Qualifications Professional Services for the 2016 Qualified Pool List Pacific Habitat Services,Inc. Page 12 ATTACHMENT A CITY OF TIGARD,OREGON ACKNOWLEDGMENT OF ADDENDA Project Title: On-Call Civil Engineering and Related Services Close: Wednesday, November 7, 2018 -2:00 pm I/WE HAVE RECEIVED THE FOLLOWING ADDENDA(none received, write `None Received'): 1. None 3. 2. 4. Date: 11/7/18 4WAVok Signature of Proposer President Title Pacific Habitat Services, Inc. Corporate Name City of Tigard—Request for Qualifications Professional Services for the 2016 Qualified Pool List Pacific Habitat Services,Inc./Page 13 ATTAC)E M ENT B CITY OF TIGARD, OREGON STATEMENT OF PROPOSAL Name of Consultant: Pacific Habitat Services, Inc. Mailing Address: 9450 SW Commerce Circle, Suite 180 Wilsonville, OR 97070 Contact Person: John van Staveren Telephone: 503-570-0800 Fax: 503-570-0855 Email: jvs@pacifichabitat.com accepts all the terms and conditions contained in the City of Tigard's Request for Proposal for On- Call Civil Engineering and Related Services and the attached template Professional Services Agreement: with the exception of the $3,000,000 annual aggre atg a required for Professional Liability. We currently carry $2,000,000 in both"each claim" and"aggre ag te". 11/7/18 Signature of authorized representative Date John van Staveren 503-570-0800 Type or print name of authorized representative Telephone Number John van Staveren 503-570-0800 Type or print name of person(s) authorized to negotiate contracts Telephone Number REFERENCES . City of Gresham 503-618-2488 Reference#1 Telephone Number On-call Environmental Services for City of Gresham Kathy Majidi Project Title Contact Individual City of Wilsonville 503-570-1570 Reference#2 Telephone Number On-call Environmental Services for City of Wilsonville Kerry Rappold Project Title Contact Individual City of Salem 503-588-6211 Ext. 7489 Reference#3 Telephone Number On-call Environmental Services for City of Salem Patricia Farrell Project Title Contact Individual City of Tigard—Request for Qualifications Professional Services for the 2016 Qualified Pool List Pacific Habitat Services,Inc./Page 14 ATTACHMENT C PROPOSER'S SUBMITTING CATEGORY FORM Pacific Habitat Services,Inc. (Company Name) does hereby propose to provide the City of Tigard with On-Call Civil Engineering and Related Services, as defined in Section 5 of the City's Qualification-based Request for Proposal. Category# Engineering Services Mark with 11X" 1.1 Utility Project Planning and Engineering 1.2 Transportation Project Planning and Engineering 1.3 Land Surveying Services 1.4 Soils and Geotechnical Engineering 1.5 Transportation Systems Engineering&Analysis 1.6 Stream Channel&Outfall Engineering&Analysis Engineer of Record Services Engineer of Record: Water Systems Modelling& 2.1 Analysis Engineer of Record: Aquifer Storage&Recovery 2.2 System Engineer of Record: Supervisory Control and Data 2.3 Acquisition SCADA System Related Services 3.1 Environmental Permitting Support ServicesX 3.2 Landscape Architecture Services 3.3 Architectural Services 4-� '�1i Authorized Signature: Date: 1 IM18 City of Tigard—Request for Qualifications Professional Services for the 2016 Qualified Pool List Pacific Habitat Services,Inc./Page 15 Appendix Sample Projects and Key Personnel Resumes City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Tooze Rd: 110th Avenue — Grahams Ferry Road Extension -Wilsonville, Oregon City of Wilsonville Contact: Mike Ward Contract Value: $51,750 City of Wilsonville 29799 SW Town Loop E Date: 2014—Ongoing Wilsonville, OR 97070 (503) 570-1546 ward(a)ci.wilsonville.or.us Pacific Habitat Services,Inc. (PHS) is currently providing environmental services (Wetland Delineation, Endangered Species Act Consultation,Noxious Weed Survey and Management, and Permitting)for the Tooze Road: 110th Avenue to Grahams Ferry Road Project in Wilsonville. The project will replace an existing two-lane section of Tooze Road(from west of 110th Avenue to Grahams Ferry Road)with a three-lane section, including buffered bike lanes, sidewalks, street lighting, and a signalized intersection at Grahams Ferry Road. Grahams Ferry Road will also be reconstructed to the north and south of the Tooze Road intersection to accommodate turn lane movements for the new signal. The purpose of the proposed project is to improve the -4 multi-modal transportation link from the west side of + Wilsonville to the Washington County Commuter Rail (WES) site, and businesses east of I-5. The proposed project will improve traffic flow and improve safety with the addition of turn lanes, increased sight distance, and bicycle and pedestrian facilities. Currently, Boeckman Road east of the project area consists of three travel lanes and bike lanes that terminate at Tooze Road. After construction,the capacity of Tooze Road will match that of Boeckman Road. PHS is responsible for permitting the project with state and federal agencies. The project team is working closely with state and federal agencies (e.g. DSL, Corps of Engineers,National Marine Fisheries Service,ODFW)to ensure the project is quickly approved. Proiect Personnel, Title......................................Years with PHS John van Staveren,Project Manager...................................25 Eric Campbell,Biologist 2....................................................3 Tina Farrelly,Biologist 1 ......................................................6 I S Geren Island Water Treatment Facility, Salem, Oregon City of Salem Contact: Patricia Farrell,Project Manager Contract Value: $232,056 555 Liberty St SE, Room 325 Salem, Oregon 97301 Date: 2013 -Ongoing (503) 503-588-6211 PFarrell@cityofsalem.net Since 2003, Pacific Habitat Services has conducted a wide variety of natural resource projects on Geren Island. The first project was resolving a wetland mitigation violation with the Corps of Engineers. An expansion of the Water Treatment Facility necessitated impacts to 1.73 acres of wetlands. An approximately two-acre wetland mitigation was created by another consultant,but did not satisfy the Corps' permit conditions. Through the redesign of the mitigation area and its monitoring,PHS successfully resolved the violation. Other tasks conducted on the island include monitoring the island's population of Oregon chub (Oregonichthys crameri), annually salvaging salmonids, and updating a Habitat Conservation Plan originally written to ensure the operation of the Treatment Facility did not result in the unauthorized take of Oregon chub and salmonids. Currently,we are working to gain State and Federal permits and approvals and to aid in the design of measures to ensure water from the adjacent North Santiam River flows freely to the Treatment Facility. Since 1936, the City has diverted water from the North Santiam River onto Geren Island,where it is treated before being used as the City's primary drinking water source. That project requires us to prepare a biological assessment, a joint permit application and to facilitate agency meetings and discussions in order to obtain permits and approvals in a timely manner. Proiect Personnel,Title..............................Years with PHS John van Staveren,Project Manager............................23 Dale Shank, Restoration Ecologist..............................25 Dr. Gregg Lomnicky,Fish Biologist...........................22 Fred Small, Wetland Scientist 2...................................22 Dale Groff, Hydrologist...............................................23 Craig Turner,Biologist 2.............................................11 Eric Campbell,Biologist 2.............................................3 I S ;� Mill Creek Corporate Center - Wetland Mitigation Oregon Dept. of Administrative Services Contact: Damn Brightman Contract Value: $1,619,378 Property Development and Disposition Department of Administrative Services 1225 Ferry Street SE#U140 Salem, OR 97301 Date: 2008 - Ongoing Darrin.W.Brightman@state.or.us (503) 373-7065 Pacific Habitat Services,Inc. (PHS) is currently managing the wetland mitigation project required to compensate for wetland impacts associated with the development of the Mill Creek Corporate Center in Salem. The project required State and Federal Permits and formal consultation with the National Marine Fisheries Service and'the US Fish and Wildlife Service. The master planned 646- acre industrial/commercial site is owned and managed by the Department of Administrative Services. Almost 25-acres of wetland and waters will be filled by the proposed corporate _ center. The mitigation area consists of two large on-site areas that contain enhanced,restored, and created wetlands. The }_~ mitigation area receives hydrology from overland flow, precipitation and ultimately treated stormwater runoff from the developed portions of the site, and groundwater. PHS and our subconsultant Otak first assessed the surface and groundwater hydrology of the wetland to determine the most appropriate design. A conceptual design had been submitted with the application to fill wetlands,but the plan needed updating. Based on our analysis,we prepared the grading and planting plans,the bidding of the project, supervised construction and now PHS is monitoring the success of the plants to comply with State and Federal permit requirements. This complex project required close coordination with the Department of Administrative Services and the City,who will ultimately take responsibility of the wetland when the monitoring period is complete. Proiect Personnel,Title..............................Years with PHS John van Staveren, Project Manager.............................23 Dale Shank, Restoration Ecologist...............................25 Fred Small, Wetland Scientist 2....................................22 Dale Groff,Hydrologist................................................23 Christie Galen, Wildlife Biologist................................6 l S East Lents —Johnson Creek Floodplain Restoration and Permitting Project - Portland Bureau of Environmental Services (2008- 2013): Contact: Ryan Durocher Contract Value: $227,868 Environmental Services, City of Portland 1120 SW P Avenue Date: 2008 - 2013 Portland, Oregon 97204 ryan.durocher@portlandoregon.gov 503-823-2316 office Pacific Habitat Services,Inc. (PHS) conducted a variety of natural resource tasks associated with the East Lents Floodplain Restoration project. These tasks included conducting a habitat assessment, designing wetland, stream,upland,riparian, and floodplain restoration plans, and gaining all state, federal and local permitting. The project constructed flood mitigation measures that reduced the risk of flooding in the East Lents - neighborhood of Portland. The project was a multiphase plan to manage flooding in the Lents area along Johnson Creek. PHS worked with the City of Portland's streamlining committee (comprised of state and federal regulatory agencies) and prepared the documentation needed to gain all of the required state and federal approvals. Construction started in 2010 and was completed in late 2012. PHS worked on the implementation of the project by overseeing wildlife salvage efforts. Proiect Personnel.Title................................Years with PHS John van Staveren,Project Manager............................23 Dale Shank,Restoration Ecologist..............................25 Dr. Gregg Lomnicky,Fish Biologist...........................22 Fred Small, Wetland Scientist 2...................................22 Dale Groff,Hydrologist...............................................23 Craig Turner,Biologist 2 .............................................11 Eric Campbell,Biologist 2.............................................3 I S Stream Mitigation Banking - City of Salem Contact: Nitin Joshi, Project Manager Contract Value: $227,868 1410 20'hStreet SE Salem, Oregon 97302 Date: 2008 -ongoing Phone: (503) 503-588-6647 Email:Njosshi@cityofsalem.net Pacific Habitat Services,Inc. (PHS)provided consulting services to establish a Stream Mitigation Bank within the City of Salem. The goal of the mitigation bank is for the City to use credits,which are contained within enhancement projects that will be scattered throughout the City. As such,when the City impacts a creek requiring state and federal permits and mitigation,the City can use their own credits to offset the impacts. During the beginning of the project,PHS worked closely with the City on the concept of starting a stream mitigation bank,which had not been accomplished before in Oregon and rarely throughout the country. PHS project manager John van Staveren attended technical advisory committee (TAC)meetings at the Oregon Department of State Lands (DSL)to discuss stream assessment methodologies. From the TAC,PHS developed a stream assessment methodology that quantified the impacts to streams and riparian areas from City Capital projects and also identified an appropriate amount of mitigation. PHS then prepared a Prospectus,which described the scope of the proposed Stream Mitigation Bank and had numerous meetings with the Interagency Review Team(IRT)to discuss how the bank would be operated and to review the assessment methodology. After acceptance of the Prospectus, PHS and the City prepared the Umbrella Mitigation Bank Instrument,which includes the detail on how the bank is operated. The Instrument was approved by the IRT and signed by the DSL and the US Army Corps of Engineers and other federal agencies. The first enhancement project to be approved within the mitigation bank is for the enhancement to Waln Creek,which is described below. Waln Creek Enhancement An approximately 800 foot-long section of Waln Creek was identified for restoration. The section,which is within the former Battle Creek Golf Course,was dominated by non- native plant species and open lawn. The improvements included meandering the creek, restoring the riparian area by excavating terraces to allow for flood storage and creating greater opportunity for biodiversity, and planting native trees and shrubs. The site was included in the Final Mitigation Banking Instrument. Proiect Personnel,Title................................Years with PHS John van Staveren,Project Manager............................23 Dale Shank, Restoration Ecologist..............................25 Dr. Gregg Lomnicky, Fish Biologist...........................22 Fred Small,Wetland Scientist 2...................................22 Dale Groff, Hydrologist...............................................23 Craig Tumer,Biologist 2.............................................11 PHS Smith and Bybee Lakes — State and Federal Permitting, Hydrology and Vegetation Management - Metro Contact: Katy Weil,Project Manager Contract Value: $55,422 Metro 600 NE Grand Avenue Portland, OR 97232 Date: 2014-2017 Phone: (503) 797-1688 Email: Katy.Weil@oregonmetro.gov Pacific Habitat Services,Inc. (PHS)provided consulting services to Metro related to obtaining state and federal permits and approvals for improving hydrology and vegetation management at the Smith and Bybee Lakes Natural Area. In recent years, Smith Lake has experienced a number of outbreaks of avian botulism. Sediments within the lake likely contain a large population of Clostridium spores,which will only develop into neurotoxin-producing bacterial colonies when dissolved oxygen pressures fall very low. Conditions conducive to an outbreak of avian botulism have occurred during the late summer months of August and September. Smith Lake is connected to Bybee Lake via a sinuous channel and Bybee Lake is connected to the tidally influenced Columbia Slough via an outlet control structure and an outlet channel(i.e.North Slough). From late June through November, the outlet structure is operated to allow water to both enter and leave Bybee Lake during tidal exchanges. However,the connecting channel between Smith and Bybee Lakes is dammed by beaver. As a result, Smith Lake does not receive sufficient influx of water during the tidal exchanges to prevent deterioration of water quality. PHS analyzed the hydrology and the vegetation of the lake system and provided short term and long term solutions to properly managing water levels in Smith Lake. The analysis looked at options ranging from t constructing a pipe from the Columbia River into Smith Lake, constructing a culvert between the Columbia Slough and Smith Lake and managing the sediment within the channel that connects Smith Lake to Bybee Lake. PHS facilitated discussions with State and Federal agencies,prepared a joint permit application, and a biological assessment and obtained all required permits and approvals. Proiect Personnel,Title................................Years with PHS John van Staveren, Project Manager............................23 Dale Shank, Restoration Ecologist..............................25 Dr. Gregg Lomnicky,Fish Biologist...........................22 Dale Groff,Hydrologist...............................................23 Craig Turner,Biologist 2.............................................11 Tina Farrelly,Biologist 2...............................................6 i S as John van Staveren PHS President,Professional Wetland Scientist Registrations/Certifications: Professional Wetland Scientist(#000506) ODOT Certified Biologist Years' experience in field: 30 Education: B.S. Marine Biology and Limnology, 1987 San Francisco State University,magna cum laude Professional Experience: As President, Mr. van Staveren directs Pacific Habitat Services' environmental and regulatory compliance activities throughout the Pacific Northwest. He has conducted over 1,000 wetland delineations, 30 Local Wetland Inventories and riparian inventories, designed and implemented dozens of freshwater and estuarine wetland mitigation plans. John regularly presents at public hearings (often where there is opposition or controversy),provides expert witness testimony at court trials, and has presented numerous times to peer groups. John served on three state-appointed Technical Advisory Committees concerning wetland policy in the State of Oregon. He is principal author of the Urban Riparian Inventory and Assessment Guide prepared for the Oregon Department of State Lands and Freshwater Wetland Restoration a chapter in The Art and Science of Ecological Restoration in Cascadia. The Science and Practice of Ecological Restoration (Island Press, 2006). Representative Projects: o Lower Tualatin Pump Station, Clean Water Services o Chieftain Dakota Creek Bank Stabilization permitting, City of Tualatin o Tualatin Country Club,Bank Stabilization Design and Permitting o Fanno Creek Trail Extension Multi-Use Path; Tualatin Hills Park and Recreation Department, THPRD o North Bethany Local Wetland Inventory and North Bethany Interceptor, Clean Water Services o Bull Mountain Local Wetland Inventory, Washington County Department of Land Use and Transportation o Lower and Upper Boeckman Creek Stream and Riparian Restoration, City of Wilsonville o Barber-Kinsman Extensions. City of Wilsonville o Villebois Planned Community in Wilsonville. Costa Pacific Communities o Temperature TMDL Monitoring. City of Wilsonville o Arrowhead Creek Culvert Replacement. City of Wilsonville o Mill Creek Industrial Park—Wetland Mitigation Planning, Department of Administrative Services o Beaverton High School Permitting, Beaverton School District City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Shawn Eisner PHS Wetland Scientist Registrations/Certifications: ODOT Certified Biologist Years of experience in field 15 Education Graduate Certificate in Environmental Geology, 2002 Portland State University B.S. Environmental Science/Earth Science, 1995 University of Wisconsin Professional Experience Mr. Eisner has over 15 years of experience providing natural resource consulting services and preparing federal and state environmental permits. He regularly conducts wetland delineations and habitat assessments, and designs and monitors mitigation projects . He has helped conduct several Local Wetland and Riparian Inventories. Shawn also has experience with Global Positioning Systems. His education has included special emphasis on wetland ecology and geology. Representative Projects o Lower Tualatin Pump Station, Clean Water Services o Chieftain Dakota Creek Bank Stabilization permitting, City of Tualatin o North Bethany Local Wetland Inventory and North Bethany Interceptor, Clean Water Services o Fanno Creek Trail Extension Multi-Use Path; Tualatin Hills Park and Recreation Department, THPRD o Trunkline Inspections, Clean Water Services o Pipeline Rehabilitation, Clean Water Services o Hedges Creek Enhancement and Cipole Trunk Upgrade, Tualatin, Clean Water Services o City of Eugene Local Wetlands and Riparian Inventory, City of Eugene o Morrison Woods Vegetated Corridor Mitigation Assessment, THPRD o PCC Rock Creek Campus Master Plan,Portland Community College o Rock Creek and North Bethany Trail (Natural Resources and Permitting), THPRD o SW 112'' (Portland Timbers Training Ground) (Natural Resources and Permitting), THPRD o Roger Tilbury Park(Natural Resources and Permitting), THPRD o Bronson Farm Wetland Mitigation Review, THPRD o Fanno Creek Trail Extension Multi-Use Path, THPRD o Garden Home Park Proposed Facilities Improvements, THPRD City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Craig E. Tumer PIIS Senior Biologist Registrations/Certifications: Professional Wetland Scientist(#1290) Professional Wetland Delineator(#0025) ODOT Certified Biologist Years' experience in field: 23 Education: B.S. Biology,May 1989 College of William and Mary, Williamsburg,Virginia Professional Experience: Craig has over twenty-three years of experience providing environmental consulting services for a wide range of projects in both the public and private sectors. Craig has expertise conducting wetland delineations; riparian, stream and habitat assessments and surveys for threatened and endangered birds,reptiles and plants; macroinvertebrates, and environmental resource inventories. He has extensive experience preparing federal and state permit applications and coordinating with federal and state regulatory agencies. He has highly effective writing style and report review abilities. He has a strong desire to balance economic growth with conservation needs and the responsible use of environmental resources to the benefit of all stakeholders. Representative Projects o Temperature TMDL implementation plan. City of Wilsonville o Natural Resource Implementation Plan. City of Gresham o Arrowhead Creek Culvert Replacement. City of Wilsonville o Energy Facility Siting Review. Oregon Department of Energy o Kavanaugh Sewerline wetland permitting. City of St Helens o Stream banking program development. City of Salem o Mill Creek Industrial Park—Wetland Mitigation Planning,Department of Administrative Services o Fairview Creek Wetland Mitigation Bank, City of Gresham o Beaverton High School Permitting, Beaverton School District o Smith and Bybee Lakes Management Plan, Metro o Roger Tilbury Park(Natural Resources and Permitting), THPRD o Bronson Farm Wetland Mitigation Review, THPRD o Fanno Creek Trail Extension Multi-Use Path, THPRD o Garden Home Park Proposed Facilities Improvements, THPRD City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Gregg Lomnicky, PhD PHS Fishery Biologist ds Years' experience in field: 27 Education: B.S. in Biological Sciences, Stanford University, 1984 M.S. in Fisheries Science, Oregon State University, 1990 Ph.D. in Fisheries Science, Oregon State University 1996 Professional Experience: Dr. Lomnicky is a fisheries biologist with over 27 years of experience with Pacific Northwest environmental fisheries issues. He is responsible for PHS' aquatic endangered species projects and regularly prepares Biological Assessments addressing the potential effects of development on protected aquatic species. He has conducted and supervised field research and has taught fisheries management at the senior/graduate level at Oregon State University. Representative Projects- o Lower and Upper Boeckman Creek Stream and Riparian Restoration, City of Wilsonville o Sunnybrook Extension Biological Assessment, Clackamas County o Geren Island Salmon and chub monitoring, City of Salem o Scholls Ferry Road Bridge Biological Assessment, Washington County o Stream banking program development. City of Salem o Mill Creek Industrial Park—Wetland Mitigation Planning,Department of Administrative Services o Fairview Creek Wetland Mitigation Bank, City of Gresham o Smith and Bybee Lakes Management Plan, Metro o Colorado Dam Improvements,Bend Park and Recreation Department o Lower and Upper Boeckman Creek Stream and Riparian Restoration. City of Wilsonville o Beaverton Interceptor, Clean Water Services o North Bethany Interceptor, Clean Water Services o East Lents Flood Mitigation, City of Portland BES o SW Corridor Planning,Metro City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Fred Small PHS Wetland Scientist/Botanist Years' experience in field: 22 Education: B.S. Biology, 1990 Portland State University B.S. General Studies, 1976 Portland State University Professional Experience: Fred Small has over twenty-two years of training and experience in botany and plant ecology, wetland science, and natural resource assessment. He has delineated hundreds of wetlands, provided botanical support for over a dozen large scale wetland inventories,prepared permit applications with compensatory mitigation plans for numerous projects, and conducted on-going compliance monitoring for multiple mitigation sites. In addition,he has conducted threatened, endangered, and sensitive(TES) and nuisance plant surveys in a variety of habitats in western and eastern Oregon. Representative Projects o Villebois Planned Community in Wilsonville. Costa Pacific Communities o Fujitsu Wetland Mitigation Permitting and Monitoring. City of Gresham o Regional detention facility planning, City of Woodburn o Colorado Street Dam feasibility study,Bend Parks and Recreation o Barber-Kinsman Extensions Permitting, City of Wilsonville o Segment 3b Monitoring, City of Wilsonville o Mill Creek Industrial Park—Wetland Mitigation Planning,Department of Administrative Services o Powell Butte Natural Area, City of Portland o Fairview Creek Wetland Mitigation Bank, City of Gresham o Smith and Bybee Lakes Management Plan, Metro o Fanno Creek Trail Extension Multi-Use Path; Tualatin Hills Park and Recreation Department, THPRD o North Bethany Local Wetland Inventory and North Bethany Interceptor, Clean Water Services o Bull Mountain Local Wetland Inventory, Washington County Department of Land Use and Transportation City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix Amy Hawkins PHS W la Wetland Scientist Years' experience in field: 15 Education: B.S. Environmental Science Huxley College of Environmental Science Western Washington University, 2000 Professional Experience: Amy is a biologist with 13 years of experience in performing wetland delineations, stream surveys, vegetation surveys,biological assessments, and natural resource assessments. At PHS, Amy manages permitting projects and conducts field work for a variety of projects. She also prepares joint permit applications,wetland mitigation plans, and habitat assessments. Amy is familiar with local sensitive/critical areas ordinances and works with local jurisdictions to comply with their development codes. Representative Projects and Role o Lower Tualatin Pump Station, Clean Water Services o Chieftain Dakota Creek Bank Stabilization permitting, City of Tualatin o Commerce Circle Drainage Improvements. City of Wilsonville o Sellers Road Improvements,Washington County o Hereto Road Improvements, Columbia County o Ayers Creek Bridge,Yamhill County o Barber-Kinsman Road Extensions, City of Wilsonville o Delta Ponds Trail Construction, City of Eugene o Beaverton High School Permitting,Beaverton School District o Springville Road Extension,Washington County Cornelius Pass Road Widening,Washington County Department of Land Use and Transportation o North Bethany Local Wetland Inventory and North Bethany Interceptor, Clean Water Services o Fanno Creek Trail Extension Multi-Use Path; Tualatin Hills Park and Recreation Department, THPRD o Bull Mountain Local Wetland Inventory,Washington County Department of Land Use and Transportation o Trunkline Inspections, Clean Water Services o Pipeline Rehabilitation, Clean Water Services City of Tigard—Request for Qualifications Professional Services for the 2018 Qualified Pool List Pacific Habitat Services,Inc. Appendix