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James L Creations, LLC ~ C190044 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORM MUST ACCOMPANY EVER Y CONTRACT) Contract Title: Installation of Fairy/Elf Doors and Woodcarving � 1(��jr' At Dirksen Nature Park Number: l `w�7 Contractor: Tames L. Creations,LLC Contract Total: $9,850.00 Contract Overview- Installation of 23 oa.°ner-provided fair /elf doors and protide wuodcar�uig services at Dirksen Nature Park's nature play=area. Initial Risk Level: ❑ Extreme ❑ HighIoderate ❑Low Risk Reduction Steps. Requiring insurance coverages consistent with Minimum Risk Insurance Matrix. Risk Comments: -Jo .5�� ' i Or Risk Signature: Contract Manager: Staedter Ext: 2'88 Department: PW-Engineering TNTe: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr D Public Imp X General Syc ❑ Engineering Svc ❑ Other: Start Date: 9 End Date: '-i tzi —715 (,.)uotes/Bids/Proposal: FIRM AMOUNT/Scorn -James L. Creations.LLC $9.850.00 Account String: Fund-Division-Account Work Order-Activity; Type Amount FY 2018-19 420-8000-5605 92016-04-140 $9,850.00 FY FY FY FY Approvals - LCRB Date:N A Department.Coirdments- -Ills l 5 ALL, k/1 VA-- It . Department Signature: Purchasing Comments, ' Purchasing Signature: - Cit<T Manager Comments: City Manages Signature: After securing all required approvals, forward original copy to the Contracting and Purchasing OMce along with a completed Contract Checklist. contract CITY OF TIGARD,,OREGON AGREEMENT FOR SERVICES RELATED TO INSTALLATION OF FAIRY/ELF DOORS AND WOODCARVING AT DIRHSEN NATURE PLAY THIS AGREEMENT made and entered into this 23'day of January,2019 by and between the City of T*atd,a municipal corporation of the State of Oregon,hereinafter called"City",and James L.Creations, LI.0 hereinafter called"Contractor",collectively known as the"Parties.' RECITALS WHEREAS,Contractor has submitted a bid or proposal to City to provide specific services;and WHEREAS,Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services;and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE,The Parties agree as follows: L SERVICES TO BE PROVIDEII Contractor agrees to provide services related to woodcarving and art door installation as detailed in Exhibit A—Scope of Services and by this reference made a part hereof 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on April 30, 2019. All services shall be completed prior to the expiration of this Agreement 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Nine Thousand Eight Hundred Fifty and No/100 Dollars($9,850.00) for performance of those services described herein,which payment shall be based upon the following applicable terms: A. Payment will be made in three installments based on Contractor's invoice and subject to the approval by the City Project Manager. The scope specifies phases and payments to be completed by the contractor and to include Phase 1 — Notice to Proceed, Phase 2 — Fairy/Elf Door Installation, and Phase 3 — Figure Carving. Payments shall be made in accordance with the Scope of Work and Phases detailed in Exhibit A and will be made based on the Contractor's invoice, subject to approval by the City Project Manager. Payment shall be payable within thirty(30) days from the date of receipt by the City. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails,neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due,City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation,furnishing medical,surgical,hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor of all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. L The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 4. ASSIGNMENTJDELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 5. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery,mail or fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses shall be used to transmit notices,bills,payments,and other information: Cast of TiGmw JAM"L.CREMONS,LLC Attn: Carla Staedter Attn: Marilyn Lukinich Address: 13125 SW Hall Boulevard Address: 25445 Yamhill River Road Tigard,Oregon 97223 Willamina,Oregon 97396 Phone: (503) 718-2788 Phone: (619) 916-8459 Email: rarla@ly ra d-or.gQy Email: jlcreationsna,gmail.com 6. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 30' day of April, 2019 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of tennination. 2019 GSA—Woodcarving and Art Feature Installation 2 1 P a g t 7. ACCESS TO RECORDS City shall have access to such books,documents,papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 8. FORCE MA�EURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled,including but not restricted to,natural disaster,war,civil unrest,volcano,earthquake,fire,flood,epidemic,quarantine restriction,area wide strike,freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten(10)days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each patty 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 9. NON DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established pursuant to those laws. 10. INDEMNITY Contractor agrees to and shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, costs, demands, judgments,penalties,and causes of action of any kind or character,or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees in performance of this contract, except, however, that the foregoing shall not apply to liability that arises out of the City's,its officers,employees,agents and representatives sole negligence. 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 remainder of thisdemnification. IL INSURANCE Contractor 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 Contractois activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liabflity Insurance Contractor shall obtain,at contractor's expense,and keep in effect during the term of this contract,Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall 2019 GSA—Woodcarving and Art Feature Installation 3 1 Page include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried Comae Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 2,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 B. Connnen al Automobile Insurance Contractor shall also obtain, at contractor's expense,and keep in effect during the term of the contract, Personal Auto Policy with a business use endorsement coverage including coverage for all owned, hired, and non-owned vehicles on an "occurrence" form. The Combined Single Limit per occurrence shall not be less than$500,000. If Contractor uses 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$500,000. C. Workers' Compensation Insurance The contractor, its Subcontractors, if any, and all employers providing work, labor, or materials under this Contract that are subject employers under the Oregon Workers' Compensation Law 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. Contractors who perform work without the assistance or labor of any employee need not obtain workers' compensation coverage. All non-exempt employers shall provide Employer's Liability Insurance with coverage limits of not less than $1,000,000 each accident. D. 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. E. Insurance Caroler Katins± Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. All policies of insurance must be written by companies having an A.M.Best rating of"A-VII"or better,or equivalent. The City reserves the right to reject all or any insurance carriers)with an unacceptable financial rating. F. Self-Insurance The City understands that some Contractors may self-insure for business risks and the City will consider whether such self-insurance is acceptable if it meets the minimum 2019 GSA—Woodcarving and Art Feature Installation 41 a g e insurance requirements for the type of coverage requited 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. G. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effective until the required Certificates of Insurance have been received and approved by the City. The certificate will specify and document all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal certificate will be sent to the below address prior to coverage expiration. IL Indeeendent Contractor Status The service or services to be tendered 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. L Primary Coverage Clarification The parties agree that Contractor'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. J Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability,pollution and errors and omissions 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 Atte: 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 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 of liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage,injury,or loss caused by negligence or neglect connected with this contract 2019 GSA—Woodcarving and Art Feature Installation 5 1 P a�r 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,including witness fees (expert and non-expert),attorney's fees and court costs on appeal 13. COMPLIANCE WITH STATE AND FEDERAL IAWS/RVIES Contractor shall comply with all applicable federal,state and local laws,rules and regulations, including,but not limited to,the requirements concerning working hours, overtime,medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapters 279A, 279B, and 279C,the provisions of which are hereby made a part of this agreement. 14. 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. 15. CITY OF TIGARD BUSDIESS i iCENSE Contractor 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, 16. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract,this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 17. 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. 18. REPRESENTATIONS AND WARRANTIES Contractor represents and warrants to the City that: A. Contractor 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 Contractor,enforceable in accordance with its terms. C. Contractor (to the best of Contractor'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 Contractor, to Contractor's property, operations, receipts, or income, or to 2019 GSA--Woodcarving and Art Feature Installation 6 1 Page Contractor's performance of or compensation for any work performed by Contractor; 3) Any tax provisions imposed by a political subdivision of this state that applied to Contractor,or to goods,services,or property,whether tangible or intangible,provided by Contractor;and 4) Any rules,regulations,charter provisions,or ordinances that implemented or enforced any of the foregoing tax laws or provisions. D. Any intellectual property rights or such delivered to the City under this Agreement, and Contractor's services rendered in the performance of Contractor'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 flee and clear of any and all liens,claims,mortgages,security interests,liabilities,charges,and encumbrances of any kind 19. COMPLIANCE WITH TAX 1A5 A. Contractor 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 Contractor's warranty, in subsection 25.0 of this Agreement;that the Contractor 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 Contractor,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 Contractor '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 Contractor. 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. 20. COMPLETE AGRE UEDU 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 iaconsistency between Exhibit A and Exhibit B,Exhibit A shall control. 2019 GSA—Woodcarving and Art Feature Installation 7 1 P i. n i No waiver,consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent,modification, or change if made,shall be effective only in specific instances and for the specific purpose given. There are no understandings,agreements,or representations,oral or written,not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that he/she has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF'TIGARD JAMES 1 .CREATIONS,LLC By, thorized City resentattve Date Da 2019 GSA—Woodcarving and Art Feature Installation 81 a S e EXHIBIT A SCOPE OF SERVICES Woodcarving and Installation of Owner Provided Fairy/Elf Doors at Dirksen Nature Park Nature Play Area Task 1. Project Preparation The Contractor will complete research of the site and its surroundings,will study character of wood provided at the nature play,and will study owner provided art doors in preparation for carving. Task 2. Install 23 Owner provided art doors into the Upright Log Cluster at the Play Area The contractor will inset and permanently anchor small owner provided doors into the face of the sequoia and deodar cedar logs. Ensure that doors are counter sunk 1 to 3 inches into the face of the logs to create small ledges in front of the doors. Ensure that doors are permanently fastened to the inset areas. Doors are not to open but interesting cavities can be created that are visible behind "windows". Task 2. Carve scenes around the doors and on the log faces The Contractor will carve as he is inspired"context" around the art doors. Items could include but are not limited to tiny staircases,vines,tiny native animals. This carving is at the discretion of the artist as he sees fit when working with the natural character of the wood and is inspired by doors. If the Contractor believes there are too many doors for the existing upright logs,he may choose to install any excess doors into the large sequoia log laying on the ground by the soft paths. Task 3. Carve native animal or plants into the arms of the sequoia chair located on the climbing logs in the middle of the large nature play area. The Contactor will carve as he is inspired animals and or plants into the arms of the chair. This carving is at the discretion of the Contractor as he sees fit when assessing and studying the various woodgrain patterns and colors exposed in the cut chair area. Task 4. Carve small surprise animals or bugs as desired The Contractor at his discretion may carve small"surprise" animals into other logs around the nature play. These animals should be smoothly set into any climbing surface or beaver lodges pole. This Task is not required but provides permission if inspiration hits. For the Contractor's reference,some of the animals that call Dirksen Nature Park Home: Amnhibians Rough-Skinned Newt-R,)uph-skinned newts were named fut then dn' granular skin—most other-wam.ander 3peuts have mcust smooth skin.A terrestrial adult newt hay a brown head and back)xlLh a blight orange bell"and can grov to almost eight jachus in total length 2019 GSA—Woodcarving and Art Feature Installation 9 1 Page Pacific Tree Frog- As the smallest frog species in Oregon,adult.Northem Pacific treeftogs only grow to mr)inches in length. ....'idult treefrog-s havk a dart;mask that cxunds from the tip of the nose across tht eves to the shouldr.n-_Coioratl.on vatics between indi6duals,ranging from green or.Leddish to brown or gras-.Most havc dark.blotches along tli&.-sides xvith light colored bumpy undersides, ;r 4. ------ ..... Woodhouses Toad-Woodhouse's toads live in tivet.vapors in sagebrush And grassland habitats These large toads have bumps on their ch­k skin which contain prison glands to di,-coui age. predatovs. Col(v varies between indixiduah ranting from gran of-mflow to dairk browri.Theyhaxc thin.-ur,bite Stripes their backs and yclium bellies with daA specks Ferualesz ate larger than males said grow tip Fiv e Anchm to length- Mammals 1 Tari Common RaCCOOn -The common raccoon is a moderately sized, heavily furred mammal best characterized bj its distinctive markings.'rhe face.has a dark biovaush-black eye mask shaxpl; separated Froin-a-hitish nose parches,evebroxv lines,aid cxclamation points bevveen the eves,'The inside of the cars A ringed with-white,adding to the facial contrast,The tad is annulated with five to seven dark rings sepat.ated b, light gray or ran i-ings The bind legs are longet thaD the N*ont,thus,in a wall,-wgg,u4 the rump is higher than the head 2019 GSA-Woodcarving and Art Feature Installation 10 1 ?fl, VI L -1 -Striped Skunk-The Striped skunk is about the sire of a house cat with a Pointed head,slighth,upturned,ncarlv- spherical nose pad;anti bead-black eve-, 'The pelage is entirell black Except Fria a narrow v lute stripe on the forehead and nose.,a white pare leading to two diverging white stripes on the back that extend pm-d-., or completely to the rump River Otter-The River otter is adapted for both terrestrial and aquatic cinironiments-The heavily muscled,somewhat cylindrical body is thickest at the thorax and taped postcriorly to a thick, flattened tad.'nc bodr tapei-., to a blunt arid slightly flattened head.The legs are-short and p.),weffiil;and the toes are webbed.I'lic clics are small,for%vardly directed and set high on the head.11he undcrffit is grayish,short,and dint,and overlain by toiWi:,stiff and shiny gaw:d.hairs.The dorsum is br.o,%k-n and,he N-entet a lighter brown or tAii;the lower Jaw and throat atekvhitish t�` 4&wouglas Squirrel-The Douglas squirml is one of the smaller. tree squirrels In Orcgon.'rhe color and markings of this squirrel differ individual(i.,geographically and seasonally,appearing a duski olive to brownish grafi with an indistinct band of reddish brown with a blackish band along the flanks. 2019 GSA—Woodcarving and Art Feature Installation 111 P -; gc r rS � e � 1' } ;Coyote-The coyote is a typical canid intermediate in size between the foxes and the gray wolf. The pelage of the coyote is grayish,buff,pinkish cinnamon,or brownish,or a combination of those colors,often overlain by blackish tipped hairs on the ears,muzzle feet,and dorsum.The:lips and eyelids are black, accentuated by contrasting borders of white fur.The underparts are paler than the remainder of the body. i7- .' ..M Black-tailed Deer-Oregov%black-tail deer occur throughout the state west of the Cascade Ran.gc-Thee rend Lo be secv-,t rc and often relf on stealth or conc:calmc:nt rather than speed as a meam, of escape. ActrVity periods are influenced strongly b•7 temperature E Townsend Mole-Li Oregon,it is restricted to the into.-lor vallec's and coastal reg►om west of the foothills of'tlic Cascade Range,.It c.,ccupir.:s paswres,prairies,and shrub habitats in lowlands and rivc.i flood plains Reptiles -- Western Pond Turtle -We-stem;pond turtles prefet marshes,streams, rrvcrs,Bonds and.lakes.Thcy nerd.sparse-•egetation nc.arbN for diipng nests avid hke to bask on logy. 2019 GSA—Woodcarving and Art Feature Installation 12 1 Page v-, Western Painted Turtle -Westcrn painted turtles need marshy ponds,small lakes,slow-inn-ving streams and quiet,off-channel portions of rivers.They prefer waters with muddy botLorns with aquatic:vc&-tation. ()pcn ground for lasting and logs for basking help keq)tbi4-.pecAes healthy V^ R estern Garter Snake - This snake v,found in meadows and at the edges of clearings in forests. It:!,.-)rcfer,.areas with dense vegetation but,when basking can be found in open areas or on talus slopes.It OLCUI-5 1.) *cKxied areas on flae flum of the XY.."Mamette Palley and has been found.in the Rogue Vallee This gaiter make is commonly found in suburban areas and city parks. Birds .Bald Eagle- Thc Bald L*L is one Of CLIght species(if sea-ea!0c worldwide, and the only sea-eagle found throughout"worth.America It is one of the most,;tudicd-Nottli.Amexican birds. Large sL�e,wingspan of six-and-a-half to eight feet,and the contrast of white head and tail,and yellow cyc%beak,and li,g,to dark brown body and wing;maIx the adult Bald tagjc olio of out most distinctive raptor.s.There is an e-agje nest near Dirkscri.Nature Park_ 2019GSA—Woodcarving and Art Feature Installation 13 1 Pigc Z", Orr. .?_ Red-tailed Hawk- One of rhe most familiar sights along the roads of Oregon is aRed-tailed hawksoaring high on the sl,.vo-vet a fiteld,or psi shed on aatihty pole,wading patiently for pre.y. Reil-tailed hxicks ate large-t)ndif.-d wings The back is inottled bmi9ni,and tits Lail of mature birds is otangishred with a thin,darl,.suktetininal band. Green Heron-Though less conspicuous than Great blue herons,Green herons are well-established Jesidents of western Oregon."I"hey are distinguished by small si:,e,glossv greenish-black Cap and Loack,vc1lov icg. s, blackish-men wings,gray Luidctparts.,and dark red neck.One of the fcvtool-using birds.Green lictori.l.arc expert at making and using baits and lure-,such as bread crusts,may dies,carthworras,stick,,,ani featlicts to catch fish Great Blue Heron-This is o-ic of the mast widespread And fiamiliar. Nvaterbirds in Oregon.It is thy:largest heron in North Arricrica,standing approximately Bow feet tall. Ins slate gray with a white crown,checks,and throat,rushy thighs and a uniformly yellow bill.Adults develop lrmg gxa!-whitc Plumes fin chew,neck,and back durfiiv.breeding. 2019 GSA—Woodcarving and Art Feature Installation 14 1 Pa g e I �f• c1 S y. _ Pileated Woodpecker-T7ie Pileated woodpecker u as the model f,,r the. cartoon eharactet,'Woody-Woodpecker.It 1h a large black-and-whit;bird tx•ith a bold red feathered crest and diet iictivc call. Ou may hear it7 powctful drumming before ou see it k '+YM.Y* F A Pacific Wren- The Pacific wren:Hakes its home in dense conifcrou forests with understoty=thickets where it often forages for insects r- V California Quail- C ahfi)iia yawl are the most widely-distributed upland gator.birds in Oregonklost easily recognized b• the comma-shaped,black,plume,of "topknot,"which bends forward and is larger on the cnale. iWAk Swainson's'Thrush Robin 2019 GSA—Woodcarving and Art Feature Installation 15 1 P a g e K R n, Spotted Towhee -Junco 4 Chickadees � �- Nuthatch Hummingbirds Payments Payment 1-Phase 1—$3,283.50 Upon "Notice to Proceed" for City Project Manager, the Artist/Contractor will submit an invoice, payable within thirty(30) days,for$3,283.50 to complete research of the site and its surrounding and to study wood provided at the nature play,and to study owner provided art doors in preparation for carving. Payment 2-Phase 2-$3,283.50 Upon completion of installation of owner provided Fairy/Elf doors or upon completion of/z of art installation if doors and carving are being done together,the Artist/Contractor will submit an invoice, payable within thirty (30) days. The artist/contractor will manage all aspects of the carving and door installation on site during carving and door installation. Payment 3-Phase 3-$3,283.00 Upon completion of all Fairy/Elf door installation and carving,the Artist/Contractor will submit an invoice, payable within thirty (30) days. The artist will manage all aspects of the carving and door installation on site during carving and door installation. 2019 GSA—Woodcarving and Art Feature Installation 16 1 P a g EXHIBIT B CONTRACTOR'S PROPOSAL Contractors Proposal James Lukinich Master Chainsaw Sculptor DBA James L Creations,LLC 25445 Yamhill River Rd Willamina, Or 97396 16 January 20,2019 James Lukinich,ardst, agrees to scope of work outlined in EXHIBIT A of this contract. Compensation for this project is for the sum of Nine thousand eight hundred fifty dollars and no/cents,$9,850 to be paid in three installments. Project to be completed on or before 31 April 2019. 2019 GSA—Woodcarving and Art Feature Installation 17 1 Page