Morgan Holen & Associates, LLC ~ C190071 CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
(THISFORMMUSTACCOMPANYEVERYCONTRAcr) �^
Contract Title: On-Call Arborist Services Number: 1
Contractor: Morgan Holen&Associates_LLC Contract Total: $10.000 annually/5 31s
Contract Overview: Various arborist services as needed by the City of Tigard. Conduct tree risk assessments
on Vnvate &public properties:written reports and recommendations:determine
replacement value of trees, etc. (See Scope of Work for more details.)
Initial Risk Level- ❑ Extreme ❑ High ® Moderate ❑ Low
Risk Reduction Steps:
Risk Comments: Possible risk of not correctly assessing a hazard tree.Possible injuries to arborist v�-hile
assessing a tree, etc.
Risk Signature:
Contract Manager: Tom McGuire Ext: 2490 Department: CD
Type: ❑ Purchase.Agreement ® Personal Service ❑ GeneralService ❑ Public Improvement
❑ IGA ❑ Other: Start Date: End Date. 4/30/20
Quotes/Bids/Proposal: FIRM Mo - T/SCORE
Morgan Holen&Associates,LLC $150/Hr
Teragan&Associates, Inc. $120/Hr
Northwest Tree Specialists $125/Hr
Account String: Fund-Division-Account Work Order—Activit;Tyge Amount
Year! Will be determined upon each project. $10,000.00
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments: 1 �p
Purchasing Signature:
City Manager Comments:
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Punhasing Office along with a completed
Contract Checklist.
Contract#G
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ON—CALL ARBORIST SERVICES
THIS AGREEMENT,made and entered into this 30"day of April,2019,by and between the City of Tigard,
a municipal corporation, hereinafter referred to as the "City," and Morgan Holen and Associates, LLC,
hereinafter referred to as the "Consultant."
RECITALS
WHEREAS, the City's Fiscal Year 2018-2019 budget provides for On-Call Arborist services for the various
projects throughout the city;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 arborist services for the project
described in this Agreement, 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 arborist 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 April 30,2020.The City and Consultant may mutually agree in writing up to
four(4)additional one(1)year extension to this Agreement. The execution of any extension period must
be completed no less than thirty (30) days prior to the end of an; contract year. The total life of this
contract may not exceed five (5) years. 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, 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. The City anticipates the total spend under the agreements with
on-call arborist services will not exceed Ten Thousand and No/100 Dollars ($10,000.00)
annually.
2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services
to be provided by the Consultant.
B. PU nent 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. Pa=ent 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.
A 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. ftgnent—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,
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.
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4. Ownership of Plans and Documents: Records
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,%ithout 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,will 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 is an independent contractor for all purposes
and be entitled to no compensation other than the compensation provided for under Section 3 of
this Agreement.
B. 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 be solely
responsible for workers compensation 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.
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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. Indemnijy
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
an) hearing before federal 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 will cover risks arising directly or indirectly out of
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Consultant's activities or work hereunder,including the operations of its subcontractors of any tier. Such
insurance is to 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 are to provide at
least the following limits and coverages:
A. Commercial General LiabilitXInsurance
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 2010 1185 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 $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Consultant is to 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$3,000,000 and filed on a"claims-made" form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the
contract(Symbol 1 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 v-ithin Oregon for more than
30 days in a calendar year. Consultants who perform work -v ithout the assistance or labor of any
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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.
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-LII" 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. Independent 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.
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K. PrimMCage 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 SAX'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 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 right 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.
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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.
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 future
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 MORGAN HOLEN&ASSOCIATES,LLC
Attn: Tom McGuire Attn: Morgan Holen
Address: 13125 SW Hall Blvd. Address: 3 Monroe Parkway Ste P 220
Tigard, Oregon 97223 Lake Oswego, OR 97035
Phone: 503-718-2490 Phone: 971-409-9354
Email: toinm(alti�r.gov Email: morgan.holenLcycomcast.net
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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 uniting 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, 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 30 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.
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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.
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 Lau. 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. Representations and Warranties
Consultant represents and warrants to the City that:
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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-a ith its terms.
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 property rights 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 v ithholding of amounts othery ise 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,
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incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Consultant.
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.
CITY OF TIGARD MORGAN HOLEN&ASSOCIATES,LLC
A
By: Marty W ine, City Manager By: Au o d Contractor R presentative
Date Date
12 1 1' .1 c
EXHIBIT A
SCOPE OF SERVICES
1. Background
The City of Tigard has a proud history of commitment to preserving,enhancing,and maintaining its urban
forest. The City's trees provide an important backdrop for life in Tigard. The City's American Planning
Association award winning LTrban Forestry Master Plan established the goal that"Tigard's urban forest is
valued and protected by City residents as a thriving interconnected ecosystem managed to improve quality
of life,increase community identity, and maximize aesthetic, economic, and ecological benefits."
Additionally,Tigard is a Tree City USA, as recognized by the National Arbor Day Foundation,and this is
the seventeenth year that Tigard has received this honorable recognition for its urban forestry
management efforts.
2. Scope of Work
The scope of work to be performed by the Consultant will include,but is not limited to the following:
A. Conduct tree risk assessments using International Society of Arboriculture Standards for trees on both
private and public properties.
B. Prepare written reports and recommendations for city staff on tree risk assessments and abatement
options.
C. Determine the replacement value of trees using The Guide for Plant Appraisal, Current Edition.when
illegal tree removal occurs.
D. Perform written completeness reviews for city staff on the tree/urban forestry plan component of land
use applications.
E. Provide written comments and recommended conditions of approval for city staff on the tree/urban
forestry plan component of land use applications.
F. Perform compliance inspections of the tree/urban forestry plan component of land use permits during
the development process.
G. Provide written compliance inspection reports during the development process.
H. Provide evaluations, comments and written reports on tree permits outside the land use process.
I. Review of Development Code updates and internal procedures for consistency with Urban Forestry
Code regulations.
J. Other Arborist Services as needed.
EXHIBIT B
CONSULTANT'S PROPOSAL
13 1 1' a c
14 1 P a g c
971.409.9354
Morgan Holen 3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035
—6�—MYOCIATULLc Consulting Arborists and Urban Forest Management morgan.holen@comcast.net
April 22, 2019
City of Tigard—Contracts& Purchasing Office
Attn:Jamie Greenberg, Purchasing Specialist
13125 SW Hall Boulevard
Tigard, Oregon 97223
Re: Informal Request for Proposal (IRFP)—Arborist Services
Dear Ms. Greenberg,
Morgan Holen & Associates, LLC (MHA) is pleased to present the City of Tigard with the enclosed
proposal to provide arborist services for various City projects and needs. We are excited at the prospect
of continuing to provide arborist services for the City and have the skills to meet your needs.
I am the sole member of MHA, a fourth-generation forester, International Society of Arboriculture (ISA)
Board Certified Master Arborist (PN-61458), ISA Tree Risk Assessor Qualified, and a member of the
American Society of Consulting Arborists and the Society of American Foresters. I have volunteered on
two Tigard Citizen Advisory Committees (CAC), including the Urban Forestry Master Plan CAC in 2009
and the Urban Forestry Code Revisions CAC from 2010 to 2011.
MHA previously held a personal services contract with the City for on-call arborist services starting in
2014, with the maximum four one-year extensions. Most recently, MHA completed tree protection
compliance inspections for the Tiedeman Realignment of the Fanno Creek Greenway Trail and the
Dirksen Nature Park Interpretive Shelter, Restroom and Nature Play Area project. We have thorough
knowledge and understanding of the City's award-winning Urban Forestry Master Plan, as well as the
Urban Forestry Manual and tree code regulations. Since 2011, MHA has worked on more than 100
different projects in the City of Tigard through our previous on-call contract and for private developers.
In addition, MHA provides consulting arborist services throughout the region and has experience in
conducting tree risk assessments using ISA standards and determining replacement value using the
Guide for Plant Appraisal. As the contract arborist for the City of Lake Oswego, I prepare reports and
written recommendations for city staff, including abatement options, completeness reviews and
conditions of approval. I also assist the Lake Oswego Code Enforcement Specialist with compliance
inspections. Beyond the City of Lake Oswego, I visit my private development projects at least once every
other week during periods of active construction to monitor and document tree plan compliance.
The enclosed proposal provides a more detailed description of our firm's qualifications and experience,
project approach and understanding, a cost proposal, and professional references; this proposal is valid
for 60 days from the proposal closing date. We have reviewed the Conditions and Instructions provided
in the IRFP and certify that this proposal was arrived at independently, understand that costs incurred to
develop this proposal will not be reimbursed, agree to the indemnification clause and not to
discriminate against anyone for any reason, and have the required insurance coverage.
Please contact me if you have questions or need any additional information.
Respectfully,
Morgan E. Holen, Member
THIS PAGE INTENTIONALLY LEFT BLANK
FOR THE PURPOSE OF DOUBLE-SIDED PRINTING
City of Tigard - Informal Request for Proposal:
Arborist Services
April 22, 2019
�L
r n in..d
Urban Forestry
M A N U A L
Prepared for:
City of Tigard—Contracts& Purchasing Office
Attn:Jamie Greenberg—Purchasing Specialist
13125 SW Hall Boulevard
Tigard, Oregon 97223
Prepared by:
Morgan Holen&Associates, LLC
Consulting Arborists and Urban Forest Management �.
3 Monroe Parkway,Suite P 220
Lake Oswego,Oregon 97035 Morgan Nolen I7
morgan.holen@comcast.net
— —AJJOGIATF/L--,
971.409.9354 ...�.��.���..,.,
Table of Contents
Qualifications and Experience...............................................................................................................................1
Project Approach and Understanding..................................................................................................................2
CostProposal...........................................................................................................................................................4
References................................................................................................................................................................4
AppendixA: Resume...............................................................................................................................................5
Appendix B: Project Experience............................................................................................................................6
Morgan Holen
—�..—A.-.0 IATF�/'��� Page 1
Qualifications and Experience. Morgan Holen & Associates, LLC (MHA) was established in January
2011 to provide consulting arborist and urban forest management services throughout the Portland
Metropolitan Region, Willamette Valley and southwest Washington. The Oregon Office of Minority,
Women and Emerging Small Business has certified our firm as a Women Business Enterprise and
Emerging Small Business (Certification Number 8482). MHA holds Tigard Business License No. 00532.
With backgrounds in traditional forest management, and Board Certified Master Arborist and Qualified
Tree Risk Assessor credentials from the International Society of Arboriculture (ISA), MHA provides a full
array of consulting arborist and urban forest management services, including: tree inventories; hazard
tree risk assessments; tree preservation, removal, mitigation and management plans; tree protection
specifications; tree protection monitoring during construction; specifications and monitoring for new
tree installation; insect and disease diagnosis;appraisals; and,expert witness testimony.
Our clients include the City of Lake Oswego, City of Wilsonville, Metro — The Oregon Zoo, Portland
Water Bureau, insurance companies, attorneys and numerous landscape architecture and civil
engineering firms and private developers.
Morgan Holen is the owner and sole member of MHA, but subcontracts work as needed to a variety of
leading industry professionals including qualified tree climbers, ISA Certified Arborists, ISA Board
Certified Master Arborists, forest pathologists, plant health care professionals and mapping specialists.
However, MHA is not proposing to utilize subcontractors for this proposal. Morgan will be the project
manager and staff person for all work under any contract arising out of this proposal.
Morgan is a fourth-generation forester with 18 years of education and experience in natural resources
management including arboriculture, silviculture, forest ecology, and public education and outreach.
Morgan is an ISA Board Certified Master Arborist (PN-6145B) and Tree Risk Assessment Qualified,
specializing in tree protection during construction and hazard tree identification and management.
Morgan also uses her professional expertise as a course instructor for the Pacific Northwest Chapter of
the ISA, leading workshops on Tree Protection During Construction throughout the region, and by
volunteering on the Board of Directors for Oregon Community Trees. Morgan's resume is provided in
Appendix A.
Our project experience includes, but is not limited to: contract arborist services for the City of Lake
Oswego Planning Department (including evaluating tree removal applications and tree protection plans,
providing staff with written findings and conditions of approval, assisting with tree code violations,
providing expert witness testimony for civil violations, assisting with tree code amendments and
improvements, preparing the City's annual Tree City USA application, and coordinating Arbor Week
events and the City's Urban and Community Forestry Workshop Series); tree risk assessment for 399
mature trees on the main campus at Oregon State University; tree risk assessment for the Wilsonville
Parks Department; tree appraisal for the City of Oregon City, Safeco Insurance and attorneys; design
phase consulting arborist services for developers, civil engineers and architects; and, regular monitoring
of tree protection measures during active construction with reports submitted to clients, contractors,
and local jurisdictions. Select project experience in Tigard is included in Morgan's resume; see Appendix
B for additional project experience.
Morgan Nolen
- -�foclAT «C Page 2
MHA previously held a personal services contract with the City of Tigard for on-call arborist services
starting in 2014,with four one-year extensions,the maximum allowed by the contract. During this time,
MHA performed three tree risk assessments and prepared written reports with findings,
recommendations and abatement options for city staff. In addition, we provided tree protection
compliance inspections for the Tiedeman Realignment of the Fanno Creek Greenway Trail and the
Dirksen Nature Park Education Center, Boardwalk and Overlook Improvements, and Interpretive Shelter,
Restroom and Nature Play Area projects.
Project Approach and Understanding. MHA understands that the City of Tigard is seeking a
qualified arborist to provide services for various City projects and needs, including, but not limited to:
• Conducting hazard tree risk assessments for trees located on private and public properties by
using standards established by the ISA;
• Preparing hazard tree risk assessment reports to document trees assessed in terms of risk
potential and provide arborist recommendations for treatment options to reduce risk;
• Determining replacement value of trees using standards established by the Council of Tree and
Landscape Appraisers in the current edition of the Guide for Plant Appraisal when illegal tree
removal occurs;
• Performing completeness reviews and providing written comments and recommended
conditions of approval for staff on the urban forestry plan component of land use applications;
• Performing compliance inspections of the urban forestry plan component of land use permits
during the development process and preparing written compliance inspection reports;
• Providing evaluations, comments and written reports on tree permits outside of the land use
process;
■ Reviewing Development Code updates and internal procedures for consistency with Urban
Forestry Code regulations; and
• Other on-call consulting arborist services, as needed.
Morgan will be available on-call, as needed, to assist with any or all of these tasks. Based on our
previous experience providing arborist services for the City of Tigard, we anticipate that staff will
identify specific tasks and contact us when services are needed. Our approach is to maintain open and
regular communication with city staff and complete tasks at staff's direction and in a timely manner. We
will continue to be responsive to staff, accept telephone calls from staff when possible or return calls
promptly and be available as needed to meet with staff at City Hall or in the field at specific sites.
The Informal Request for Proposals asks that we identify what our firm believes to be the most critical
elements of the project that the Project Team must address for a successful outcome. We believe that
communication with staff is the most critical element. Understanding staff's expectations will help
ensure that we provide useful recommendations to help staff make informed choices. We are confident
in our qualifications and experience and recognize that miscommunication is the limiting factor to a
successful outcome. Once expectations are clearly set, we will provide consulting arborist services to
meet or exceed those expectations.
Morgan Nolen
Page 3
In conducting hazard tree risk assessments, staff may provide us with a site address, map depicting the
location of trees of issue or meet with us at the site. We will coordinate with staff and private property
owners, as needed, to obtain authorization to access trees on a specific date and time. Our standard
approach to tree risk assessment includes using satellite imagery and state-of-the-art equipment (a
ruggedized handheld Nomad brand computer running ArcPad software, Holux brand GPS receiver and a
laser rangefinder from Laser Technologies). We can prepare maps depicting the location of assessed
trees if needed. We will utilize the standards established by the ISA and tree risk assessment data will be
collected electronically, including species, size, distance to target, comments regarding tree condition
and defects, tree risk ratings and treatment recommendations to reduce risk potential. Whenever
possible, treatments will include removal of defective parts rather than whole tree removal. We will also
consider whether or not recommendations to leave trees as standing dead trees (snags) is appropriate
or if wood from felled trees should be left on-site to provide wildlife habitat and soil nutrients. Following
fieldwork, Morgan will prepare written reports to document hazard tree evaluations and describe
abatement options. Our methodology is both comprehensive and efficient.
When illegal tree removal occurs, Morgan will coordinate with staff to obtain authorization to conduct a
site visit on a specific date and time. Morgan will utilize forms prepared by the Council of Tree and
Landscape Appraisers to collect standard tree appraisal data. If the stump is all that remains, Morgan
will use simple linear regression to predict tree diameter at 4.5-feet above ground level for the
assessment. Following site visits, Morgan will prepare written reports to describe the replacement value
of trees removed illegally using the standard methodology provided in the current (10th edition) of the
Council of Tree and Landscape Plant Appraiser's Guide for Plant Appraisal.
When land use applications are submitted to the City, staff may provide copies of pertinent sections to
Morgan for review in terms of completeness and urban forestry plan requirements. Morgan will provide
staff with written comments including recommended conditions of approval.
During the development process, Morgan will visit project sites and conduct compliance inspections in
regard to urban forestry plan regulations and conditions of approval. Following site inspections, Morgan
will prepare written compliance inspection reports. We will utilize a standardized compliance inspection
report for each compliance inspection. Morgan is very familiar with the Tigard Urban Forestry Master
Plan and Urban Forestry Manual, having served on Citizen Advisory Committees during the development
of both documents, and working with clients to satisfy the current regulations since they were first
implemented in 2013.
As needed, Morgan will also evaluate trees and provide written reports to staff regarding tree permits
outside of the land use process. If updates are made to the Development Code or internal procedures,
Morgan will review proposed revisions in terms of consistency with urban forestry code regulations and
provide written comments and suggestions to staff. Morgan will also be available to assist staff with
other on-call consulting arborist services, as need. Such services could include, but are not limited to:
assisting with Oregon Arbor Week events; developing, coordinating or staffing public workshops;
drafting tree related articles for city publications; reviewing Heritage Tree applications and providing
written findings to staff;or, preparing the city's annual application for Tree City USA designation.
Morgan Nolen Page 4
— -Aff0CIATUJ
Cost Proposal. Morgan's standard hourly rate for project management and consulting arborist
services is $150 per hour. Mileage expenses will be billed at the current Internal Revenue Service
mileage rate and miscellaneous expenses (such as printing, copying, laminating, shipping, etc.) will be
billed at cost with no mark-up and receipts will be provided. Work will be billed on a time and materials
basis and, unless requested otherwise, invoices will be submitted at the beginning of each month for
services provided the previous month.A summary of our fee schedule is provided in the following table:
Fee Schedule-Morgan Holen&Associates
Morgan Holen,Consulting Arborist
Consultant Rate $150/hour
Mileage Current IRS mileage rate
Miscellaneous Expenses At cost
References.Three professional references are provided in no particular order:
1. Chris Neamtzu,Community Development Director
City of Wilsonville
29799 SW Town Center Loop E, Wilsonville, OR 97070
neamtzu@ci.wilsonville.or.us
503.570.1574
2. Jessica Numanoglu, Planning Manager
City of Lake Oswego
380 A Avenue I PO Box 369, Lake Oswego, OR 97034
inumanoglu@ci.oswego.or.us
503.635.0283
3. Gary Pagenstecher, Associate Planner
City of Tigard
13125 SW Hall Boulevard,Tigard, OR 97223
garvp@tigard-or.gov
503.718.2434
Morgan Hole Page
— —Af' OCIATtT./'«� Appendix A: Resume
Morgan Molen I Consulting Arborist
Morgan is a fourth-generation forester with 18 years of education
and experience in natural resources management including
arboriculture, silviculture, forest ecology, and public education and
outreach. She is the sole member of Morgan Holen & Associates,
LLC, a consulting arborist and urban forest management company
serving Oregon and Southwest Washington. MHA specializes in
performing tree inventories and assessments, preparing arborist
reports, and monitoring tree protection during construction. MHA
provides consulting arborist services for local municipalities and
government agencies, as well as numerous private developers,
Education engineers, architects, insurance agencies and attorneys. The Oregon
BS—Forest Management Office of Minority,Women and Emerging Small Business has certified
University of Washington MHA as a Woman Business Enterprise and an Emerging Small
MEM—Forestry, Forest Business(Certification No. 8482).
Science, and the Management
of Forests for Conservation (elect Project Experience in Tigard, Oregon
and Development L?. City of Tigard,Tree Protection Monitoring,Tiedeman
Yale University Realignment of the Fanno Creek Greenway Trail
Professional Accreditation City of Tigard,Tree Protection Monitoring, Dirksen Nature
t ISA Board Certified Master Park Interpretive Shelter, Restroom and Nature Play Area
Arborist, PN-6145B JR City of Tigard,Tree Protection Monitoring, Dirksen Nature
IR ISA Tree Risk Assessment Park Boardwalk and Overlook Improvements
Qualified t City of Tigard,Tree Protection Monitoring, Dirksen Nature
IR ASCA, Member Park Education Center
• PNW-ISA, Member to City of Tigard,On-Call Tree Risk Assessments and Arborist
• SAF, Member Reports
t Mission Homes, Project Arborist Services, Lukar Ridge and
Total Years of Experience Mission Meadows
18 years ia Polygon Northwest, Project Arborist Services, Polygon at River
Terrace Northwest,West, East, South, Roshak Ridge, Bull
areas of Expertise Mountain and River Terrace Crossing
?a Tree Inventories Ja Riverside Homes, Project Arborist Services,Walnut Ridge,
?a Arborist Reports Progress Landing and Elderberry Ridge
19, Tree Preservation & 19. Sage Built Homes, Project Arborist Services, Murdock Street,
Removal Plans Ash Creek Village, Canyon Court
t Tree Protection Monitoring IR Other Personal Services Agreements:
During Construction City of Lake Oswego, OR
L Tree Risk Assessments Portland Water Bureau, Portland, OR
t Tree Appraisals City of Wilsonville, OR
la Expert Witness Testimony Metro, Oregon Zoo, Portland,OR
Morgan Nolen Page 6
-- —�foclAT «.
Appendix P�: Project experience
Project Experience. Descriptions of exemplary projects are provided below. References and additional
project descriptions may be provided upon request.
1. City of Lake Oswego, Planning and Building Services,On-Call Consulting Arborist Services, Lake
Oswego, OR. Annual contract to assist with review of tree removal applications and tree
protection plans, provide on-call services to current and long-range planning and code
enforcement staff and support the City's Urban and Community Forestry Program. The 2013-14
contract also includes assisting the Public Works Department with identifying and inventorying
dead, hazardous, and invasive trees along major thoroughfares.
2. City of Wilsonville, Master Professional Services Agreement,Arborist Services,Wilsonville,OR.
Assist the City with on-call consulting arborist services. Recent projects have included multiple
phases of high priority utility repairs for the Charbonneau neighborhood, tree evaluations for
the Tooze Road Improvements project, several tree risk assessments with reports and project
arborist services for the Memorial Park Pump Station project.
3. Portland Parks and Recreation, Project Arborist Services, Leach Botanical Garden Aerial Tree
Walk, Portland, OR. Project arborist services including an assessment of approximately 1,400
trees of 78 different species, coordination with project team to minimize tree removal and
potential construction impacts during design of an aerial tree walk, new trails and other park
amenities, preparation of an arborist report and assistance with development of tree plan
drawings. Currently on-call during development of final construction documents and contracted
by Land Morphology to provide monitoring of tree protection during construction.
4. Metro — The Oregon Zoo, Professional Services Agreement, Consulting Arborist Services,
Portland, OR. Design consultation and tree protection monitoring during construction for the
Oregon Zoo Veterinary Medical Center, California Condor Habitat, Education Center, and on-
going Polar Passage, Primate Forest and Rhino Habitat project. Work includes communicating
with Bond Project Managers and contractors, providing tree protection recommendations,
performing compliance inspections and monitoring reports and preparing other arborist reports
as needed.
5. City of Oregon City, Tree Appraisal Services, Oregon City, OR. Conducted an extensive
investigation of damages associated with trespass claim. Collected data and evidence, estimated
the value of damages associated, coordinated with City's private attorney and prepared an
appraisal report.
6. City of Woodburn, Consulting Arborist Services, Woodburn, OR. Design phase consulting
arborist services including a tree inventory, root rot evaluation, and arborist report with
specifications for tree protection for construction of park improvements. Also providing project
arborist services for the Woodburn First Street improvements project, including a tree
assessment and inventory, tree removal and protection recommendations and on-going
monitoring during construction.
Morgan Nolen Page 7
— —A/fOCIATULL, Appendix PJ (continued)
7. Marion County,Design Phase Project Arborist Services,45th Avenue NE Improvements,Marion
County, OR. Evaluated trees along the project corridor and collected individual tree data.
Coordinated with Public Works staff to provide recommendation for tree protection, including
design modifications and alternative construction techniques.
8. Bonaventure, Project Arborist Services, Ross Street Project, Tigard, OR. Conducted a tree
inventory, coordinated with design team to review, finalize, and sign Tree Preservation and
Removal Site Plan and Tree Canopy Site Plan as required by the City of Tigard Code Chapter
18.790 and Urban Forestry Manual Sections 10.1 and 10.2, and prepared a Supplemental
Arborist Report as required by City of Tigard Code Chapter 18.790 and Urban Forestry Manual
Section 10.3.
9. Lake Oswego Redevelopment Agency, Project Arborist Services, Second Street Improvement
Project, Lake Oswego, OR. Work included recommendations for existing tree preservation and
removal, developing specifications for tree protection and new tree installation, and tree
protection monitoring during construction.
10. Villebois, Consulting Arborist Services, Wilsonville, OR. Project arborist services during
development of the award-winning Villebois Community. Assisted with Master Plan
Development, provided design phase consulting services for nearly every land use application on
the site,tree protection monitoring and on-the-ground assistance during site improvements and
park developments, and contracted with numerous homebuilders to preserve existing trees
during construction. Various aspects of work are on-going since 2007 with site visits nearly once
every other week resulting in unprecedented mature tree retention in a Master Planned
community of this size. Clients include the City of Wilsonville, Polygon, Costa Pacific
Communities, Legend Homes and J.T. Roth Construction.
11. Oregon State University Tree Risk Assessment, Corvallis, OR. Performed a comprehensive
evaluation of 399 trees located in the core central area of the University's campus, of which
one-third were American elms. Collected and analyzed tree risk assessment data, utilized
advanced assessment techniques when needed and prepared an arborist report to assist
campus managers in scheduling and budgeting tree maintenance activities in order to maximize
the benefits of the campus's urban forest while minimizing risk to students, staff and visitors.
12. Oregon Travel Information Council, Tree Risk Assessment Services, Five Oregon Interstate
Safety Rest Areas for the Oregon Travel Information Council, OR. As the sole arborist working
for PBS Engineering + Environmental in Portland, Oregon, Morgan prepared the winning
proposal to locate and identify potential tree hazards in areas used by the public and to provide
the Oregon Travel Information Council (OTIC) with written management recommendations
aimed to reduce risk while scheduling and budgeting treatments over time. Five interstate
safety rest areas located along Interstates 5 and 84 were included in this work.
Morgan Holen Page s
-- —�foclAT «� Appendix P5 continued
Other Park Improvement Projects: Other Public Improvement Projects:
L7. Creston Park, Portland, OR Canyon Creek Road Extension,
6,. Couch Park, Portland, OR Wilsonville, OR
19. Duniway Park, Portland,OR 79. Cedar Street and Golden Road
Improvements, Hillsboro, OR
79, Errol Heights Park, Portland, OR
� Jackson School Road Improvements,
?a Fanno Creek Trail,Tigard, OR Hillsboro, OR
19. Gateway Green, Portland, OR NW Walker Road Improvements from
�3. Gilbert Park, Portland, OR 173rd-185th Ave, Beaverton,OR
19. Glenhaven Park, Portland, OR 19_ Outer Powell Transportation Safety
Project, US Hwy 26 from SE 122"d Ave
?a Khunamokwst Park, Portland,OR to SE 136th Ave, Portland, OR
Kenton Park, Portland, OR SE 136th Avenue Road Improvements
Legion Park, Woodburn, OR from Foster to Division, Portland, OR
Lents Park, Portland,OR Segment 3b Water Transmission
Lynchview Park, Portland OR Pipeline, Wilsonville, OR
Marshall Park, Portland,OR JR Sullivan's Crossing Bicycle and
Pedestrian Bridge, Portland, OR
Nike Memorial Trail,Washington 19. Washington Park Rose Garden Accessibility
County, OR Improvements, Portland,OR
Parklane Park Loo, Portland, OR IR West Baseline Road Improvements,
L7. Spring Garden Park, Portland, OR Hillsboro, OR
Sofia Park,Wilsonville, OR Wheeler Basin Reconstruction and
?aTualatin River Greenway Trail, Green Streets, Portland, OR
Portland,OR Willamette Water Supply Program
?a Westmoreland Park Pedestrian Bridge PLM 1.0 Project, Wilsonville, OR
Replacements, Portland, OR la 5th Street/ Kinsman Road Extension,
(Q Wildwood Pedestrian Bridge, Portland, Wilsonville, OR
OR