Harris Stream Services ~ CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
STREAM ENHANCEMENT & RESTORATION
THIS AGREEMENT made and entered into this 13th of April, 2005 by and between the City of Tigard, a
municipal corporation of the State of Oregon, hereinafter called City, and Harris Stream Services, hereinafter
called Contractor.
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services; and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the
services described in Contractor's bid or proposal;
THEREFORE, The parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor agrees to provide services related to Stream Enhancement & Restoration as detailed in
Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed together with an executed
copy of this Agreement. This Agreement shall become effective on July 1, 2005 and shall expire,
unless otherwise terminated or extended, on June 30, 2006. The City retains the right to four (4)
additional one (1) year options for the work. The total duration of this agreement shall not exceed
five(5) years. All services shall be completed prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor the rates assigned in Exhibit B, "Pricing Matrix", for those services
Contractor provides under this agreement. The City's total expenditures shall not exceed Fifty
Thousand and 00/100 Dollars ($50,000.00) over the life of this contract to any one Contractor
providing Stream Enhancement & Restoration services. Services shall be billed at the rates assigned
in Exhibit B, "Pricing Matrix". Payments shall be based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
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F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City may pay such claim and charge the amount of the payment against funds due or
to become due the Contractor. The payment of the claim in this manner shall not relieve
Contractor or their surety from obligation with respect to any unpaid claims.
G. Contractor shall pay employees at least time and a half pay for all overtime worked in
excess of 40 hours in any one work week except for individuals under the contract who are
excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from
receiving overtime.
H. Contractor shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical, hospital care or other needed care and
attention incident to sickness or injury to the employees of Contractor or all sums which
Contractor agrees to pay for such services and all moneys and sums which Contractor
collected or deducted from the wages of employees pursuant to any law, contract or
agreement for the purpose of providing or paying for such service.
L The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5. ASSIGNMENT/DELEGATION
Neither party shall assign or transfer any interest in or duty under this Agreement without the written
consent of the other and any attempted assignment or transfer without the written consent of the other
party shall be invalid.
6. SUBMITTING BILLS AND MAKING PAYMENTS
All notices and bills shall be made in writing and may be given by personal delivery, mail or fax.
Payments may be made by personal delivery, mail, or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments, and other information:
Contract Manager for City Contract Manager for Contractor
City of Tigard Company:Harris Stream Services
Attn: Matt Stine Attn: Andrew Harris
13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 2270 Arbor Drive,West Linn, OR 97068
Phone: (503)639-4171 ext. 2589 Phone: 503-866-0901
Fax: 503-684-8840 Fax:
Email Address: mstine@ci.tigard.or.us Email Address: harrisstreamservices@comcast.net
7. TERMINATION
This contract may be terminated by mutual consent of both parties or by the City at its full discretion
with a thirty (30) day written notice. There shall be no penalty for early termination. If City
terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered
prorated to the date of termination.
8. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Contractor as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
9. FORCE MAJEURE
Neither City nor Contractor shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest,
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1
volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo,
unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
1.1. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide City a certificate indicating that Contractor has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
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additional insured and shall require written notice to City thirty (30) days in advance of
cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said
carrier complies with this paragraph.
C. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract
that are either subject employers under the Oregon Workers' Compensation Law and shall
comply with ORS 656.017, which requires them to provide workers' compensation
coverage that satisfies Oregon law for all their subject workers or employers that are
exempt under ORS 656.126. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the
assistance or labor of any employee need not obtain such coverage. This shall include
Employer's Liability Insurance with coverage limits of not less than $500,000 each
accident.
D. Insurance Carrier Rating
All coverage provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. The City reserves the right to reject all or any insurance
carriers) with an unacceptable financial rating.
E. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effected until the
required certificates have been received and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability
hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any
damage, injury, or loss caused by negligence or neglect connected with this contract.
20. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including witness fees (expert and non-expert), attorney's fees and court costs on appeal.
21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor shall comply with all applicable federal, state and local laws, rules and regulations,
including, but not limited to, the requirements concerning working hours, overtime, medical care,
workers compensation insurance, health care payments, payments to employees and
subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of
which are hereby made a part of this agreement.
22. CONFLICT BETWEEN TERMS
It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument in the proposal of the contract, this instrument shall control and
nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith.
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23. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction, the validity of the remaining terms and provisions shall not be
affected to the extent that it did not materially affect the intent of the parties when they entered into
the agreement.
24. INDUSTRIAL ACCIDENT FUND PAYMENT
Contractor shall pay all contributions or amount due the Industrial Accident Fund form that
Contractor or subcontractors incur during the performance of this Agreement.
25. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall
be effective unless and until it is made in writing and signed by both parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and
signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only
in specific instances and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement. Contractor, by the
signature of its authorized representative, hereby acknowledges that Contractor has read this
Agreement, understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD
Approved b d's Local Contract Review Board on:
By: Authirized City staff person letting contract Date
CONTRACTOR
Y,,qlz,t
By: Company Name
Print Name&Title of A horized Re r entative
C , J., �
Sign Name Date
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EXHIBIT A
SCOPE OF SERVICES
The services to be provided under this agreement shall include, but are not limited to, the following:
This services agreement covers the restoration and protection of watersheds for fish, wildlife, riparian and
native species and for habitat conservation activities, including but not limited to planning, coordination,
assessment, implementation, restoration, inventory, information management, and monitoring activities.
The long-term protection of the water resources, including sustainable watershed functions, of this city is
an essential component of Tigard's environmental stewardship goals. Each watershed in Tigard is unique,
requiring different management techniques and programs. Assessing the conditions in each watershed is
vital to:
1. Determine the quality of the existing environment,
2. Identify the causes for declines in habitat, fish and wildlife populations and water quality,
3. Assist with the development of action plans for watersheds that will achieve protection and
restoration objectives.
A. DURATION OF AGREEMENT
This agreement will become effective upon execution and will be for a period of one year with the
option to renew for four additional one-year periods. The total life of the agreement may not
exceed five years.
Awarded Contractor shall not begin any work on any given project until formal notice to proceed
is given by the City's Contract Manager.
B. SUBJECT MATTER OF WORK
When requested to do so by the City, Contractor may submit quotes for the following services:
1. Category 1: planning, site preparation, plant protection and plant maintenance.
2. Category 2: irrigation services.
C. PROJECT ASSIGNMENT
1. The City reserves the right to use alternate Contractors for any project that may arise if it is
deemed to be in the City's best interest to do so.
2. Prior to the City assigning any project to the awarded Contractor, there may be a pre-
project meeting, the purpose of which will be to enable the awarded Contractor to ask
questions concerning the project and to clarify any uncertainties concerning the project
prior to their providing a time and cost estimate to the City.
3. Prior to work on a project, awarded Contractor shall provide the City with a project
estimate which includes a time estimate and hourly unit prices, as well as a total project
estimated cost.
4. In additional, before the awarded Contractor begins a project, the Contractor shall prepare
and submit to the City's Contract Manager, a written work plan detailing the Contractor's
work schedule, including milestones, and project approach under which the work will be
completed. All work must be completed no later than the deadline established by the
City's Contract Manager.
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D. UNIT PRICES
1. All project estimates shall be based upon the hourly and unit prices that will be contained
in the agreement between the City and the awarded Contractor. These costs shall be based
upon the awarded Contractor's response to this RFP.
The City may, at its sole discretion, require estimates to be based upon another method for
certain projects. Under certain circumstances, the City may ask for project estimates based
upon a "per acre" basis. The City will calculate acreage to the closest tenth of an acre
using a horizontal plane and without regard to slope. The minimum project site size for
payment purposes will be .3 of an acre. Contractor shall not be entitled to reimbursement
for expenses incurred in providing the services unless agreed upon in written with the City.
E. ITEMS PROVIDED BY THE CITY
The City shall dispense all plant material, mulch and water to the target site.
F. WORK TASK DESCRIPTIONS
1. Site Preparation—Area Spray
When directed to do so by the City, Contractor shall spray areas of invasive vegetation
with herbicide. "Noxious weed" is vegetation that is designated by the Oregon Department
of Agriculture (ODA) as noxious or invasive. Contractor shall avoid damaging existing
native vegetation during spraying. "Native vegetation" is vegetation that is indigenous to a
particular ecosystem type.
2. Site Preparation—Spot Spray
When directed to do so by the City, Contractor shall spot spray invasive vegetation with
an approved herbicide. Contractor shall ensure that the volume of spray mixture is
sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid
damaging existing native vegetation during spraying.
3. Site Preparation—Mow/Cut
Contractor shall remove invasive species using manual (e.g., sheering) or mechanical (i.e.,
weed whipping or mowing) means to control invasive vegetation. Contractor shall avoid
damaging existing native vegetation when conducting these activities.
4. Site Preparation—Cut and Remove Blackberries
Contractor shall remove blackberry using manual (e.g., chain sawing or flail mowing)
means. Contractor shall avoid damaging existing native vegetation when conducting these
activities.
S. Site Preparation—Circle Scalp
When directed to do so by the City, Contractor shall prepare individual planting spots by
scraping away all live and dead vegetation, roots and rhizomes from a 16-inch diameter
circle. Where the slope of the ground is greater than 20%, Contractor shall also construct a
flat planting area.
6. Site Preparation—Seed Application
When directed to do so by the City, Contractor shall seed project sites with native plants
using hand or machine seed spreaders
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7. Site Preparation-Grading or Filling
When directed to do so by the City, Contractor shall grade soil or add soil if required by
the project's guidelines.
8. Site Preparation—Straw Application
When directed to do so by the City, Contractor shall spread the City approved straw at
project sites for erosion control.
9. Planting—Bamboo Staking
If directed to do so by the City's site inspector, Contractor shall install stakes adjacent to
planted trees and shrubs. Stakes shall be driven vertically into the ground at a location four
inches from the base of the plant, and to a depth of 12 inches. Contractor shall stake each
plant on the date it is planted, even if the plant has been designated for plant protection.
10. Planting—Mulch Application
If directed to do so by the City, Contractor shall place mulch in the form of wood chips or
shavings around each planted plant. Five gallons of mulch shall be used for each plant,
and the mulch shall be spread to a depth of two inches without covering the plant stem.
The City's site inspector may change the quantity and kind of mulch material when
warranted by site conditions.
11. Plant Protection—Tube Installation
If requested to do so by the City's site inspector, Contractor shall install plant tubing on
selected plants. All tubing shall be installed on the day of planting. The City's site
inspector shall determine which plants are to receive tubing.
Contractor shall position the bottom end of the tube so that it is in full contact with the
ground. The tube shall be centered on the plant, and shall be installed so that it remains in
full contact with the ground when subjected to a moderate upward tug. The maximum
allowed lean of the tube is two inches from vertical, measured from the top of the tube.
Contractor shall not damage the plant during tube installation. Plants with skinned bark, a
broken terminal leader, a curled leader inside the tube, or a leader protruding through the
side of the tube will be subject to rejection by the City.
Unless otherwise directed by the City's site inspector, Contractor shall anchor each plant
tube with one bamboo stakes. A three-foot stake shall be woven vertically through the
tube webbing a minimum of four times and shall be driven into the ground to a depth of 10
inches. Where rocky ground prevents driving the stake to the full depth on the first attempt,
the stake shall be moved to a location where the tube can be driven to a depth where it
securely holds the tube. If such a location does not exist, Contractor shall notify the site
inspector and the site inspector will determine whether tubing should be used at the
location in question. Contractor shall discard and replace stakes broken during installation.
12. Plant Protection—Wire Cage Installation
When directed to do so by the City, Contractor shall install welded wire mesh cages.
Contractor shall support the cages with metal or wood stakes. The City's site inspector
will designate which plants will receive the cages.
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13. Maintenance—Mow/Cut
When requested to do so by the City, Contractor shall maintain planted project sites using
manual (e.g., sheering, grubbing or scalping) or mechanical (e.g., weed whipping or
mowing) means to control invasive vegetation. Contractor shall not damage or destroy
native plants when performing these activities.
14. Maintenance–Spot Spray
When directed to do so by the City, Contractor shall spot spray invasive plants with
herbicide during site maintenance. Contractor shall ensure that the volume of spray
mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall
avoid damaging existing native vegetation during spraying.
15. Maintenance—Truck/Hand Watering
When directed to do so by the City, Contractor shall acquire and deliver clean well water
to plants in project planting areas using a tanker truck and hoses. Contractor shall ensure
that each live plant planted in the area identified for watering receives the specified
quantity(e.g., two gallons) of water at the specified time.
16. Maintenance–Above-Ground Irrigation
Provide all necessary maintenance to ensure effective, efficient and proper amounts of
water to ensure the survivability of the plants.
17. Maintenance- Miscellaneous
Other duties not listed above that will benefit the overall outcome of the project.
G. THE ROLE OF THE CITY CONTRACT MANAGER .
The City and Contractor acknowledge that certain elements of site work in the environmental
restoration field are not easily addressed in written plans or designs, and are better addressed in the
field while work is underway. Accordingly, the City shall appoint a contract manager, who will
make decisions concerning locations where the various maintenance techniques are to be
employed, the timing and duration of irrigation, and other issues. Most decisions made by the
contract manager will not affect Contractor's costs or the terms of the amendment to this
agreement that addresses the project. In the event the contract manager makes a decision that
affects Contractor's costs or the terms of the amendment, the parties shall negotiate a written
change order. The City's use of a contract manager to direct and monitor field work will not
relieve Contractor from responsibility for complying with the terms of this agreement or any
amendment to this agreement.
H. HERBICIDE USAGE
Contractor shall comply with the herbicide application guidelines set forth by the Oregon
Department of Agriculture (ODA). Contractor shall use only as much herbicide as is necessary to
meet the invasive vegetation removal directives issued by the City's site inspector or contained in
any amendments to this agreement. As a general rule, Contractor shall treat one acre with between
25 and 50 gallons of herbicide mixture. The specific amount used will depend on the height and
type of invasive vegetation sprayed. Contractor shall apply herbicide directly to the foliage of the
target vegetation until the foliage is visibly wet, but not dripping.
At smaller sites, Contractor shall use backpack sprayers when applying herbicides. At larger sites,
Contractor shall use tank sprayers mounted on ATVs or small booms. Herbicides shall not be
applied when wind speed is greater than 5 mph. There shall be no draft or over-spray of
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herbicides onto native vegetation. Where necessary, Contractor shall manually or mechanically
clear invasive vegetation away from native vegetation to protect native vegetation during spraying.
In all cases, the spray mixture shall contain a colorant in the amount of 1% of the mixture, and
shall also contain a City approved surfactant in the amount of 5% of the mixture. Contractor shall
post public notice signs prior to spraying.
I. DISPOSAL OF WASTE MATERIAL
At the conclusion of work each day, Contractor shall gather and lawfully dispose of all empty
boxes, bags, garbage and other waste material in a manner acceptable to the City.
J. INSPECTION OF WORK
The City and Contractor shall conduct periodic joint inspections of Contractor's work.
K. WORK ACCEPTANCE
Contractor may invoice the City for completed work following the City's acceptance of the work.
For a given work site, the City shall determine whether to accept work at the following intervals:
1. After site preparation,
2. After maintenance (i.e., after each installment of maintenance work; generally, there are
three annually), and
3. After irrigation (monthly).
L. PAYMENT
The City's payment for Contractor's work shall be based on work units completed and accepted.
Payment shall be made at unit prices. In the event the total units completed vary from the estimate
contained in the City's request for quotes by more than 20%, either party may request the
negotiation of a change in the applicable unit prices. With the exception of the foregoing, all unit
prices shall remain firm for the duration of any project.
M. WORK HOURS
To promote work quality, no member of Contractor's field staff shall be allowed to work more
than 7 hours in the field on any work day without the City's permission. All field work shall be
performed during daylight hours unless the City grants permission to do otherwise.
N. LIQUIDATED DAMAGES
The City incurs damages when native vegetation is damaged or destroyed by Contractor. The
damages include the cost of plant material, additional agreement administration, and the loss of
plant growth that would enhance resource values. As the extent of these damages is difficult to
determine, Contractor hereby agrees to pay fixed, agreed, and liquidated damages at the rate of
$4.50 per plant for every native plant damaged or destroyed in excess of two-percent of the native
plants within the project area plots inspected under Section 9 of this agreement.
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EXHIBIT B
PRICING MATRIX
SERVICE EST.TOTAL ANNUAL HOURLY
DESCRIPTION HOURS REQ. BY CITY RATE
Planning 100 $80
Site Preparation 250 $80
Plant Protection 100 $80
Plant Maintenance 100 $65
Irrigation Services 200 $
Plant Installation As Needed $
On-Site Project Technician As Needed $
Volunteer Management &Plant Layout As Needed $
GIS Services As Needed $
Regulatory Permitting As Needed $
Monitoring &Maintenance As Needed $
Assessment Services
Fluvial Geomorphology As Needed $97
Wetland Delineation As Needed $68
Wetland Function Assessment As Needed $68
Biological Assessment As Needed $65
Professional Land Surveying As Needed $97
Resource Inventories As Needed $80
Design &Engineering Services
Natural Channel Morphology As Needed $97
Native Plant Community Restoration As Needed $80
Wetland Restoration As Needed $80
Erosion & Sediment Control Plans As Needed $80
Regulatory Permitting As Needed $80
Construction Project Management
Plans & Specification Preparation As Needed $97
Construction Inspection As Needed $70-85
Prices shall be firm for the first year of the contract. Contractor may request an increase not exceeding
the current Portland Metro Area CPI West-Urban rate for any addition option years executed by the City.
A request to increase the rate according the terms allowed in this agreement must be in writing not less
than 15 days prior to execution of the increase.
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EXHIBIT C
CONTRACTOR'S PROPOSAL
General Services Agreement-09-11-03 Rev. -09/17/03
Title Page
Proposal to Provide
Stream Enhancement and Restoration Services
Andrew Harris, Owner
Harris Stream Services
2270 Arbor Drive
West Linn, OR 97068
503-866-0901
harrisstreamservices(i�comcast.net
i
The HSS team offers a number of stream and wetland restoration services that we believe
the City of Tigard should consider as it undertakes to meet its environmental stewardship
goals with regard to Fanno Creek tributaries. Specifically, we offer the following
services:
• Stream,Wetland and Watershed Assessment
o Fluvial Geomorphological Assessment
o Wetland Delineation
o Wetland Function Assessment
o Biological Assessment
o Professional Surveying
o Resource Inventories
• Design and Engineering
o Natural Channel Morphology Restoration
o Wetland Restoration
o Native Plant Community Restoration
o Fish Passage Restoration
o Erosion& Sediment Control Plans
• Regulatory Permitting
• Construction Project.Management
o Plans and Specifications Preparation
o Construction Inspection
• Construction Project Management
o Plans& Specifications Preparation
o Construction Inspection
• Post-Construction Monitoring and Maintenance
The text of the enclosed proposal describes these services and their potential contribution
to the success of the City's overall stream and wetland restoration projects. The HSS
team stands ready to provide any or all of these services on an as-needed basis, or subject
to a specific scope of work and agreement for services.
The HSS team commits itself to complete any services negotiated with the City,whether
under an as-needed agreement or a negotiated agreement for services, within the
specified time periods.
We look forward to working with the City to help you achieve your vital environmental
stewardship goals.
Sincerely,
Andrew J. Harn , Owner
Harris Stream Services
HARRIS STREAM SERVICES PROJECT SUMMARY 35 deleted:3t
REDBAND ENVIRONMENTAL PROJECT SUMMARY Deleted:3'
JOHN GORDON,CONSULTING WETLAND BIOLOGIST PROJECT SUMMARY 37 �� `
Harris Stream Services-City of Tigard Proposal Pa Page 3 of 4141
construction management,monitoring,and maintenance management. His body of work
includes in-stream channel restoration,riparian vegetation, and restoration of upland
plant communities. In addition,he will serve as the primary point of contact for all
services under this proposal.
Mr. Harris managed and participated in all aspects of the City of Lake Oswego's surface
water management program between 1978 and 2004. He contributed to the development
of the city's original commove plan and wrote the city's original development
standards for streams, wetlands, and drainage. He was involved in the development
review of drainage plans since 1981.Mr.Harris represented the City of Lake Oswego as a
member of the DMA committee for the Tualatin Basin TMDL.
Mr.Harris establishers Harris Stream Services,based in Nest Linn, Oregon, in 2004 to
continue providing stream restoration and surface water management services as a
professional consultant He continues to expand his expertise with continuing education
in applied fluvial geomorphology,wetland sciences,and regulatory permitting. He has
been approved to take the examination as a Certified Professional in Erosion and
Sediment Control (CPESC).
STREAMFIX
Russell Lawrence,owner of StrearnFix,will serve as the HSS team professional engineer,
fluvial geomorphologist and professional land surveyor. StreamFix is a stream and
wetland rehabilitation firm based in Oregon City,Oregon. StreamFix applies the highest
levels of scientific analysis,engineering expertise and hands-on experience to stream and
wetland problems. StreamFix designs practical, cost-effective solutions that provide
stability now, and give the stream or wetland the opportunity to heal itself over the long
term. Our solutions enhance the aquatic environment, the riparian corridor and
opportuWties for lifestyle and economic vitality. Regulatory permit submittals by
StreamFix consistently receive high marks for their riparian restoration component as
well as commendations for innovative design excellence.
StreamFix is available to provide or collaborate in providing to the City fluvial
ge moi phological assessment(including identification of stream bank and channel
stabilization needs),surveying,engineering design and specification,and permitting
services.
ABR,INC.
ABR,Inc_—F.nvircztal Research& Services is a privately owned environmental
research and services firm with offices in Forest Grove, Oregon and Alaska. ABR has
been operat4-ig for 30 years and offers expertise in a variety of environmental disciplines,
including fish and wildlife research,environmental impact assessment,vegetation and
habitat analysis,and ecological restoration. Cumulatively,ABR's 12 Senior Scientists
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
restoration projects in Colorado. Mr. Travis will serve in an advisory capacity on
biological evaluations and on the Endangered Species Act in the event his expertise is
required.
Mr. Coley is available to provide or collaborate in providing to the City biological and
habitat assessment and monitoring services.
b. QUALIFICATIONS OF THE FIRMS
This section provides the qualifications of the firm team members in performing this type
of work This includes examples of related experience and references for similar studies
and projects.
Overviews of the qualifications of each of the firms comprising the HSS team,and their
key personnel available pursuant to this proposal, are provided below. A more detailed
list and description of similar studies and projects by team members is included in
Appendix A.
HARRIS STREAM SERVICES
Andrew J. Harris,owner of Harris Stream Services,brings more than 26 years of surface
water management and 14 years of stream restoration experience to the HSS team. From
1980 to 2004,Andy was the project manager on 29 stream restoration projects totaling
$900,000 for the City of Lake Oswego, Oregon. His stream restoration experience
includes stream condition assessment,natural channel design and restoration,permitting,
plans and specifications preparation, construction management,monitoring and
maintenance. He was also responsible for restoration of riparian and upland plant
communities. Andy's surface water management activities have included policy,
planning,regulatory processes,codes,program development, engineering, problem
assessment and surface quality treatment facility design.
Andy earned a bachelor's degree in Natural Resource Planning from Humboldt State
University in 1977. He has also completed over 15 professional continuing education
courses relating to stream restoration, fluvial geomorphology, riparian habitats and
related subjects. Andy holds a certificate of training in wetland delineation from Portland
State University.
Hams Stream Services—City of Tigard Proposal Pa Page 3 of C4 I
Michael Cole, Ph. D.—Senior Scientist
Dr. Cole leads ABR's Fisheries and Aquatic Sciences program. Dr. Cole has more than
twelve years of experience performing research in urban freshwater ecosystems. His
recent and current work includes leading a number of biological assessments, including
an assessment of macroinvertebrate communities of the Tualatin River Basin and the
Cities of Wilsonville and Lake Oswego,effectiveness monitoring of restoration projects
on Fanno and Bronson Creeks, and, in eastern Oregon, effectiveness monitoring of
instream enhancement activities.
Dr. Cole is also currently performing long-term comprehensive monitoring of instream
and riparian restoration efforts occurring in eastern Oregon. Dr. Cole and his team are
monitoring long-term changes in physical habitat,water chemistry,hydrology,and
biological conditions in stream and river reaches throughout the South Fork John Day
watershed to examine the effectiveness of numerous restoration projects and best
management practices.
Dr. Cole has a comprehensive understanding of how aquatic communities respond to
habitat degradation in streams and is currently publishing several journal articles on the
subject. Dr. Cole's work includes studies.that have demonstrated relationships between
land use types and intensity and instream biological conditions. He is very familiar with
the Tualatin,Clackamas,and Willamette River Valleys,the watersheds within these
areas, and the watershed and aquatic health issues associated with the land use types and
intensity that occur in the region.
Dr. Cole is experienced in managing complex projects for multi-party clients. His
experience includes performing biological assessments and other studies for watershed
councils and technical committees composed of government,non-profit,and industry
constituents. He is experienced at planning and coordinating assessment activities and
other studies to meet the needs of multiple stakeholders and cooperators. Dr.Cole is
experienced at disseminating the results of these studies to multi-party clients in writing
and through oral presentations
Michele Koehler,M.S.—Research Biologist
Ms. Koehler has six years of fisheries experience in western Washington and Oregon_
Since 1999, Ms. Koehler has investigated the effects of urbanization on Pacific
Northwest fishes and the effectiveness of aquatic enhancement activities on promoting
aquatic health in fresh and estuarine waters. Her experience includes working throughout
Washington and Oregon on fisheries and macroinvertebrate assessments in both urban
and rural settings. She is currently leading or co-leading the monitoring of several
restoration projects focusing on salmonid habitat m the Tualatin River Valley,along the
southern Oregon Coast,and in eastern Oregon. She is also co-leading a watershed
assessment of Butte Creek in eastern Oregon with Dr. Cale. Ms.Koehler is experienced
at conducting research,managing projects,field crews,and leading investigations of
physical habitat and biological conditions in lakes,rivers,and streams.
Harris Stream Services-City of Tigard Proposal Pa Page 3 of 4141
completed nine Endangered Species Act consultations, including in relation to the New
Carissa shipwreck oil recovery.
Travis has extensive experience with salmon restoration issues. He was one of ten
scientists selected to serve on the National Marine Fisheries Service's Willamette and
Lower Columbia Technical Recovery Team, focused on endangered salmon. He was
responsible for designing and conducting biological and habitat research on anadromous
and resident Pacific salmonids and other native fishes as well as for habitat restoration.
Travis is the author or co-author of 25 scientific publications and reports related to
fishery biology, habitat and restoration.
[Please see Appendix A for a more detailed list of related projects and studies by team
members.]
PROTECT APPROACH
a. WORK PLAN
The services offered in this proposal fall within RFP Section 5(B) Additional Services.
In keeping with the City's request that the standard format outlined in the RFP be used in
all proposals,the HSS Team's approach, services and work plan are described below
under the heading"Additional Services."
b. CITY STAFF PARTICIPATION
Please see below under"Additional Services."
HOURLY/UNIT PRICING
Please see Attachment D.
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
invertebrates to provide measures of stream health. Mr. Harris and Mr. Lawrence will
analyze stream channel and floodplain conditions to determine whether reconfiguration
of the channel will be necessary to ensure success of restoration efforts. This analysis will
be directed toward a least-cost greatest benefit optimization. When existing conditions
are sufficiently characterized, appropriate members of the team will develop site-specific
restoration goals, objectives,performance standards, and design criteria that will bring
each site into compliance with the City's restoration goals. When site goals and
objectives are established, Mr. Gordon and Mr. Harris will conduct wetland
determinations or delineations to determine if wetland permits will be needed to
implement them. If necessary,they will then prepare wetland permit applications. If
federal Section 404 permits are necessary, Mr. Coley will prepare appropriate
Endangered Species Act compliance documents.
Restoration plans for each site will be directed by these goals and objectives, culminating
in the planting and maintenance desired by the City.
b. DESCRIPTION OF SERVICES
The HSS team offers a number of stream and wetland rehabilitation services that we
believe the City of Tigard should consider as it undertakes to meet its environmental
stewardship goals with regard to Fanno Creek tributaries. Specifically,the services being
offered by the HSS team are described below. The HSS team stands ready to provide any
or all of these services on an as-needed basis, or subject to a specific scope of work and
agreement for services.
STREAM,WETLAND AND WATERSHED ASSESSMENT
Fluvial Geomoruhorphic Assessment
The HSS team includes members that have received extensive training in fluvial
geomorphology. That training has reinforced our belief that successful stream and
wetland restoration design requires in-the-field enterprise. We recognize a stream's
problems are nearly always a symptom associated with broader watershed conditions.
We use geomorphic analysis to identify these problems and guide us in the development
of effective and sustainable reach-level restoration activities.
We do not believe that a standardized computer model can substitute for an on-the-
ground understanding of the individual project. Therefore,we first inventory the existing
topography and stream conditions through an intensive project pre-design survey. Fluvial
geomorphic principles for stable stream dimension,pattern, and profile are applied to the
project design. We then use computer models to ensure the design has met stable
conditions consistent with the materials and conditions associated with the specific
project.
The team leaders for this task will be John Gordon with support by Andrew Harris and
Russ Lawrence.
Harris stream Services—City of Tigard Proposal Pa Page 3 of 4141
Mr. Travis will serve in an advisory capacity on biological evaluations and on the
Endangered Species Act in the event his expertise is required.
The team leader for ESA related tasks will be Travis Coley.
Professional Land Surveying
Team member Russ Lawrence (StreamFix) is a professional land surveyor. Surveying is
likely to be needed to define areas on Fanno Creek tributaries and their associated
wetlands that present geomorphological problems, and to design and specify
rehabilitation actions including stream bank regrading, removal or modification of
barriers to fish passage, installation of in-stream structures,creation of as-built drawings,
etc. A part of that work may require the preparation of easement discriptions and
identification of private property boundaries by a professional land surveyor.
The team leader for this task will be by Russ Lawrence, P.E., P.L.S.
Natural Resource Inventories
Trees are a natural resource that has great value to communities like the City of Tigard.
To provide assurance that trees are protected during a project,communities often require
a tree inventory and survey to document the location and condition of individual trees.
We will number tag each tree, survey each tree, and provide a tree location map. We will
also document tree species,common name,tree number, diameter, and make note of tree
condition.
Mr. Gordon designed data collection methods and performed an urban forest inventory
for the City of Beaverton. This work documented and characterized urban forest
resources for the City. This enabled the City to prioritize forest resources for various
protection measures.
The team leaders for this task will be Andrew Harris and John Gordon.
DESIGN AND ENGINEERING
Natural Channel Morphology Restoration
The team has extensive training and experience in natural channel design.. As the project
summaries in Appendix A show,we bring field-tested knowledge about the floodplain
connectivity and stabilization techniques that will work in a given situation. We also have
a clear understanding of the cost-benefit trade-offs of various approaches. We are
committed to implementing solutions that are practical and sustainable.
The goal of stream restoration is to restore natural functions and improve stream health.
The key to successful restoration is to use a healthy stable stream as a reference model for
design and to select appropriate goals for the project site. Streams have a natural
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
Native Plant Community Restoration
Native plant communities will be restored by a process that is very similar to the process
described for wetland restoration. One difference will be that modifications to water
supply will not be necessary for upland sites.Native plant species will be selected for
historic context, probability of success, lowest maintenance needs, cost, and other factors
that may be identified by the City. Irrigation may be specified on some sites to ensure
vigorous establishment of plants.
The HSS team will also use stream and wetland assessment data to determine the
potential riparian or wetland plant communities that are best suited to the geomorphic and
hydrologic setting found on the project site. HSS will then provide and description of
appropriate plan communities and produce a planting plan that specifies the native tree,
shrub, and herbaceous species in the community and typical percent cover for each
species. We will work to create the conditions necessary for the planted natives to
become self-sustaining over time as seed sources become available through self-seeding,
flooding,wind, animals, or other mechanisms.
The team leader for this task will be John Gordon and Andrew Harris with assistance
from other team members.
Fish Passage Restoration
The team has established a track record of success in removing barriers to fish passage.
We have completed eight projects of this type in Oregon and Washington with no
failures. We have developed methods for replacing perched culverts in a manner that
creates fish habitat and prevents head cutting while removing the passage barrier. We
have also developed a unique method of providing fish passage through long culverts that
cannot be removed.
The team leaders for this task will be Russ Lawrence and Andrew Harris
Erosion and Sediment Control Plans
Erosion control is an important consideration for any construction project and is
especially significant when working in streams. Diversion of stream flows around a
project site may often be a requirement. HSS team members have considerable
experience and proven success providing preventative erosion control measures. It is
vital that these plans be undertaken prior to replanting efforts. Otherwise,the expense
and effort expended in replanting may be lost due to subsequent erosion and/or
sedimentation on the site.
The team leader for this task will be Andrew Harris.
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
ABR, Inc. will develop, implement, and perform monitoring of restoration sites to
evaluate the effectiveness of these projects at improving stream and riparian conditions
and functions Effectiveness monitoring will be performed by tracking trends in
measurable physical and biological attributes related to project objectives and
performance standards. Biological monitoring will occur during the pre-treatment year,
and in years 1,2, and 5 post-restoration activities when agreed upon by the City of Tigard
and ABR, Inc.
We propose to assess site conditions and to match monitoring objectives and methods
with proposed restoration activities on a site by site basis. Suggested monitoring
activities are:
1) Instream habitat
2) Riparian vegetation composition, structure, and cover
3) Instream biological communities(macroinvertebrates and fish).
ABR, Inc. will meet with discuss the appropriate monitoring for each type of
enhancement activity with the City of Tigard and project team staff.
The team leaders for this task will be Senior Aquatic Scientist, Dr. Michael Cole and
Research Biologist Michele Koehler with support from qualified ABR field staff.
Monitoring Instream Habitat.
Instream habitat surveys will be performed within the study reach to characterize existing
and post construction habitat complexity and cover. Methods will follow standard
protocols established by Kaufmann (2000) to characterize habitat in wadeable Western
streams. This methodology has been widely adopted by other groups engaged in
restoration monitoring activities(e.g. Cole 2001, Crawford and Johnson 2004). Instream
habitat surveys will focus on two components of the EMAP methodology: performing a
thalweg profile survey and a large woody debris inventory. These two components of the
assessment will be performed concurrently during one upstream walk through the reach.
At evenly spaced intervals(so as to produce at least 100 measurements along the reach),
thalweg depth is measured, habitats are classified, and large wood is tallied by size class
and location within the channel (within and above bankfull). Thalweg depth
measurements from the pre-design post construction surveys and habitat classifications
allow calculation of sizes and frequencies of all habitat types and therefore provide a
measure of habitat complexity and suitability for aquatic life.
The team leaders for this task will be Senior Aquatic Scientist Dr. Michael Cole and
Research Biologist Michele Koehler with support from qualified ABR field staff.
Monitoring Riparian Vegetation.
On stream reaches along which riparian plantings are occurring, or where riparian
vegetation will be managed to promote growth and maturation of native woody species,
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
concentrating fish that would otherwise be dispersed over a larger area(Frissell and
Ralph 1998).
Fish work in the Tualatin River Valley is subject to ODFW and NOAH Fisheries Take
Permits. Since the deadline for 2005 permits has already passed, it is possible ABR, Inc.
will not be able to conduct fish sampling at enhancement sites this year. There may also
be environmental constraints or site-specific concerns with fish sampling. ABR will
determine the feasibility of sampling fish once enhancement sites for this type of
monitoring are determined.
Macroinvertebrate Communities
Macroinvertebrate communities will be sampled in late summer using standard methods
developed and used by the Oregon Department of Environmental Quality(DEQ 2003).
Three replicate, 8-kick pooled samples will be collected from the best available habitat
occurring in each reach(riffles,if available). Macroinvertebrate samples will be
preserved in 70%isopropyl alcohol and later sorted and identified at ABR's
macroinvertebrate sample processing laboratory. A Benthic Index of Biotic Integrity(B-
IBI) will be calculated from the raw data to quantify the condition of the
macroinvertebrate community in the study reach.
The team leaders for this task will be Senior Aquatic Scientist, Dr. Michael Cole with
assistance from Research Biologist Michele Koehler and support from quaked ABR
field staff.
C. City Staff Participation
The HSS team anticipates that the direct involvement of City personnel would be limited.
Negotiations between the team and the City will be needed on the scope of the proposed
Additional Services to be provided, and to execute an as-needed or project service
agreement. We anticipate periodic meetings with the City's project contact to provide
progress reports and agree on actions to be taken in the light of assessment results. We
would expect the City to:
• Determine the extent of public involvement (informational meetings; restoration
planning meetings; etc.) in the process.
• Review site information with Team members; provide written comments.
• Review site restoration goals and objectives with team members;provide written
comments.
• Review/approve restoration plans with team members; provide written comments.
• Provide access to relevant information contained in its GIS system and other
databases.
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Harris stream services—City of Tigard Proposal Pa Page 3 of 4141
Lori Hennings,Project Manager,Metro, (503) 797-1940
Project: Pre-Urbanization Baseline Study of Streams in Northwest Clackamas County
REDBAND ENVIRONMENTAL
Mr. Craig Bozarth, Engineer, City of Longview, P.O. 128, Longview, WA 98632-7080
(360) 442-5202 craig.bozarthgci.longview.wa.us
Ms. Yvonne Sterud, Contracting Officer,U.S. Forest Service, (360) 891-5082
Dick Dyrland, Supervisory Hydrologist,Fish First, (360) 887-0866
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
APPENDIX A
REPRESENTATIVE PROJECTS
HSS TEAM MEMBERS
ABR,INC.PROJECT SUMMARY
ABR, Inc. is a leader in regional restoration effectiveness monitoring and biological
assessment. Selected projects that further our qualifications to undertake monitoring
activities for the City of Tigard are described below.
2004 Upper South Fork John Day River Restoration Monitoring,Izee, Oregon
ABR is conducting a long-term assessment of changes in physical habitat and responses
by macroinvertebrate communities to stream restoration projects and best management
practices in the upper South Fork of the John Day River watershed. In these efforts,we
are gathering physical habitat,water quality, and macroinvertebrate community data
throughout the watershed following EPA and DEQ protocols. Client: Grant SWCD
2004 Fanno and Bronson Creeks Restoration Effectiveness Monitoridg—Baseline
Data Collection,Hillsboro,Oregon
ABR is currently performing long-term monitoring of the effectiveness of instream and
riparian restoration techniques at improving physical habitat and fish and
macroinvertebrate communities in streams within Portland's urban growth boundary.
Client: Clean Water Services
2004 Macroinvertebrate Assessment,Lake Oswego,Oregon
ABR performed biological (macroinvertebrate)and physical sampling in six stream
reaches in the Lake Oswego basin in fall 2004. Biological conditions were correlated
with instream physical habitat and adjacent riparian zone conditions. The data will serve
as a baseline against which future datasets can be compared to track trends and changes
in response to restoration and best management practices employed by the City of Lake
Oswego. Client: City of Lake Oswego
20.04 Butte Creek Watershed Assessment, Fossil, Oregon
Project description: We are currently performing a watershed assessment of biological,
physical, and hydrologic conditions in the Butte Creek Watershed using the methods
described in the OWEB Watershed Assessment Manual to characterize current conditions
and develop recommendations to improve watershed conditions and functions through
restoration projects. Client: Wheeler SWCD
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
2002 North Clackamas County Macroinvertebrate Study, Clackamas, Oregon
ABR assessed the condition of benthic macroinvertebrate communities in relation to land
use and instream physical and chemical conditions in 26 stream reaches throughout
northwest Clackamas County, Oregon. Study watersheds included the lower Tualatin
River basin, Mt. Scott and Kellogg Creeks,Rock Creek, Richardson Creek, and several
smaller drainages. Client: Clackamas County
2003 City of Wilsonville Macroinvertebrate Assessment,Wilsonville, Oregon
ABR performed a study of macroinvertebrate communities and stream habitat in streams
within and adjacent to the City of Wilsonville, Oregon to help guide local planning and
restoration activities. Client: City of Wilsonville
Molalla River Bioassessment,Molalla,Oregon
ABR studied relationships between river morphology, water chemistry, and
macroinvertebrate community structure to provide baseline biological and physical data
of the Molalla River from its headwaters to its confluence with the Willamette River.
2001 Assessment of Macroinvertebrate Communities of the Tualatin River Basin,
Oregon
ABR assessed the condition of benthic macroinvertebrate communities in relation to land
use and instream physical and chemical conditions in 63 stream reaches throughout the
Tualatin River Basin, Oregon. ABR collected all field data and samples using standard
DEQ macroinvertebrate sampling protocols and a modified RSAT physical habitat
assessment. ABR processed all samples and used DEQ's multimetric index and
multivariate analysis to analyze the data.
2000 Assessment of Macroinvertebrate Communities of the Tualatin River Basin,
Oregon
ABR assessed the condition of benthic macroinvertebrate communities in 40 stream
reaches throughout the Tualatin River Basin, Oregon. ABR collected all field data and
samples,processed all samples, and used DEQ's multimetric index to analyze the data.
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
Springbrook Cr. Restoration Construction Inspection, Lake Oswego,OR
StreamFix provided construction inspection services for restoration work on Springbrook
Cr. for stream realignment and fish passage facilitation. Andy Harris,then Project
Manager for the City of Lake Oswego,prepared ESC plans and permit applications.
Springbrook Cr. Restoration Design,Lake Oswego, OR
StrewnFix worked closely with Henderson Land Services to develop design and permits
for removal and restoration of fish passage blockage in the lower end of Reach 5 and the
upper end of Reach 1. A part of the work in Reach 1 was to facilitate year round fish
passage through a 270 foot box culvert under a railroad.
Springbrook Cr. Survey and Condition Assessment,Lake Oswego, OR
StreamFix completed a topographic survey and conditions assessment of reaches 1
through 5 and reach 8 of Springbrook Creek in the spring of 2002. This work was
accomplished in collaboration with Andy Harris,then a member of Lake Oswego city
staff.
Kerr/Cirque Reach of Springbrook Cr.Design/build Restoration,Lake Oswego,OR
Russ Lawrence of StreamFix designed, obtained permits and constructed stream
stabilization and restoration of approximately 300 feet of incised, high gradient stream
near the Mountain Park neighborhood of Lake Oswego. In excess of 400 native plants
were installed as a part of this project. This work involved successfully obtaining permits
from local, state and federal regulatory agencies. City project management was
performed by Andy Harris.
Fish Passage Remediation,SW Washington
StreamFix developed designs and specifications and performed inspection of the removal
of fish passage blockage culverts in two counties in SW Washington. The work
consisted of the removal of under-sized,perched culverts. One to two hundred feet of
stream was reconstructed utilizing plunge pools to address gradient differential through
the perched culverts. This project successfully prevented head-cutting while meeting
state juvenile fish passage criteria. The culverts were designed to emulate natural'stream
function by using naturally occurring stream substrate material through the culverts.
Wind River Restoration,Stabler,WA
StreamFix conducted a topographic survey and lead the development of a restoration plan
for a 5-mile reach of the Wind River in private ownerships. The goal of the long reach
plan was to obtain an overall permit to address a number of projects through the reach. A
part of the planning was the development of detailed plans and construction
specifications to shorten an overly flattened half-mile reach by approximately 600 feet.
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
Preakness Reach and Lost Dog Creek Restoration Projects
Andy Harris managed these projects including bioengineering to stabilize stream
channels,prepared the ESC plan and permit applications. These projects restored salmon
habitat.
Blue Heron Creek Restoration Project
As a city employee, Andy Harris designed this large wood installation to stabilize the
stream channel and enhance fish habitat,prepared the ESC plan and obtained permits,
and served as installation project manager.
Ball Creek Restoration Project
Andy Harris was responsible for designing and managing this stream restoration and
channel stabilization project,which restored fish habitat. He prepared the ESC plan and
permit applications.
Melrose Street Roadside Stream Improvement Project
Andy Harris designed and managed this project, which created a 900 foot natural stream
channel along a major roadway. The project was a winner of the 1996 Merit Award for
storm water design presented by Metro. Andy prepared the ESC plan and permit
applications.
REDBAND ENVIRONMENTAL PROJECT SUMMARY
Fishery Biology Studies
Travis Coley conducted the following scientific studies relating to fish habitat and stream
restoration:
• The Physical Habitat characteristics of Chinook and Chum Salmon Spawning
Habitat in the Columbia River Below Bonneville Dam (BPA funded)
• Limiting Factors for Chum Salmon in the Columbia River Gorge (BPA funded)
• Evaluation of Habitat Use and Population Dynamics of Lampreys in Cedar Creek
(BPA funded)
• Biological Verification of the Rosgen Stream Restoration Methodology(EPA
funded)
• Biological Verification of Stream Restoration on the Blitzen-Malheur National
Wildlife Refuge (USFWS funded)
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
in the Klamath Basin. Mr. Gordon wrote a wetland delineation report for submittal to the
prime contractor, and provided information about the jurisdictional status of all
delineated waters on the site.
Industrial Park Wetland Delineation and Functional Assessment
Location: City of Rufus, Sherman County, Oregon
Under contract to Oregon Economic and Community Development Department, Mr:
Gordon delineated wetlands on the 50-acre City of Rufus Industrial Park. Mr. Gordon
identified one wetland on the site. He performed a wetland functional assessment using
methods in the Oregon Hydro-geomorphic Wetland Assessment guidebook. Mr. Gordon
is preparing a wetland delineation report and wetland functional assessment report for the
project.
Klamath Falls International Industrial Park Wetland Delineation and Functional
Assessment
Location: City of Klamath Falls, Klamath County, Oregon
Under contract to Oregon Economic and Community Development Department, Mr.
Gordon delineated wetlands on the 63.99-acre Klamath Falls International Industrial
Park. Mr. Gordon identified one wetland on the site. He performed a wetland functional
assessment using methods in the Oregon Hydro-geomorphic Wetland Assessment
guidebook. Mr. Gordon is preparing a wetland delineation report and wetland functional
assessment report for the project.
WESGO Industrial Park Wetland Delineation and Functional Assessment
Location: City of Klamath Falls,Klamath County, Oregon
Under contract to Oregon Economic and Community Development Department, Mr.
Gordon delineated wetlands on the 93-acre proposed WESGO Industrial Park. Mr.
Gordon identified one wetland on the site. He performed a wetland functional assessment
using methods in the Oregon Hydro-geomorphic Wetland Assessment guidebook. Mr.
Gordon is preparing a wetland delineation report and wetland functional assessment
report for the project.
Providence Health System Wetland Delineations
Location: City of Newberg, Yamhill County, Oregon
Mr. Gordon was project manager for two wetland delineations conducted for Providence
Health Systems(PHS) in Newberg, Oregon. PHS requested wetland delineations on two
sites as part of a hospital expansion project. Mr. Gordon delineated wetlands on the
existing Providence Newberg Hospital site so that PHS would know what wetland
constraints exist on the present site. Mr. Gordon also delineated wetlands on a separate
40-acre site that PHS is purchasing for a possible new expansion site In a report,he
recommended that because both sites have streams that are tributaries of the Willamette
River,PHS should assess the potential development constraints on the sites that might
result from threatened or endangered fish species A SHAPIRO fisheries biologist
assessed the in-stream habitat and riparian habitat to determine whether impacts to these.
habitats could have potential impacts on listed fish.
Harris Stream Services—City of Tigard Proposal Pa Page 3 of 4141
wrote wetland delineation reports for submittal to Montana Transportation Department
and the U.S. Army Corps of Engineers.
Biological Assessments for Transportation Improvements
Location: Clark County, Washington
Mr. Gordon managed a flexible services contract with Clark County's Public Works
Department to conduct biological assessments for transportation projects in Clark
County. He participated in project planning meetings with Clark County staff, conducted
field visits, scheduled work and reviewed reports for the projects.
McCullough Bridge/Shorewood Wayfinding Point Plant Survey
Location: Coos County, Oregon
Mr. Gordon conducted a survey for salt marsh birdsbeak,a plant listed under the
Endangered Species Act as a species of concern; Oregon lists the plant as endangered.
McCullough Bridge/Shorewood Wayfinding Point, on Highway 101 in Coos County, is
near a known population of the plant. Mr. Gordon researched salt marsh birdsbeak and
observed the population of the plant near the project site prior to conducting fieldwork, to
ensure positive visual recognition of the plant and habitat. The plant was not observed on
the project site, nor was potential habitat. Mr. Gordon wrote a report describing the study
methods and results, for the Client.
National Park Wetland and Riparian Inventories
Mr. Gordon performed wetland inventories in Great Basin National Park,Nevada, and
Zion National Park,Utah. Mr. Gordon investigated 200 sites in Great Basin National
Park. He documented wetland conditions and classified wetlands according to the
Cowardin wetland classification system. Mr. Gordon prepared an inventory report for the
Park and the National Wetlands Inventory. In Zion National Park Mr. Gordon mapped
and classified wetlands and riparian sites along 20 miles of the Virgin River.
Local Wetland Inventories
Mr. Gordon was the Project Manager for Local Wetland Inventories (LWI) for the cities
of Gresham and Klamath Falls, Oregon. Klamath Falls' LWI is the largest in the state,
including over 50 square miles in the study area. In his role as Project Manager, Mr.
Gordon met with city officials and staff from Oregon Department of State Lands, and
made presentations at public meetings. He planned and scheduled fieldwork and office
work on the projects. He analyzed aerial photographs,National.Wetland Inventory maps,
and other resources to locate probable wetlands, and supervised technical staff in the field
to collect accurate inventory data. Mr. Gordon supervised staff in the office to analyze
field data and produce inventory maps and reports.These inventories will be incorporated
into the statewide wetland inventory. Mr. Gordon has worked on six other LWI's that are
already in the statewide wetland inventory.
Columbia River Wetland Mapping Project
Mr. Gordon performed wetland determinations on approximately 100 sites along the
Columbia River downstream from Portland, Oregon and Vancouver, Washington. Using a
Geographical Information System overlay combining wetland maps from the U.S.Army
City of Tigard,Purchasing Office
13125 SW Hall Blvd.
Tigard,Oregon 97223
Phone-(503)639-4171/Fax-(503)639-1471
http://www.ei.tii!ard.or.us
DATE: Tuesday,February 15,2005
TO: All Interested Parties
FROM: City of Tigard,Purchasing Office
RE: Downloading Solicitations
The City of Tigard offers certain solicitation documents for downloading. The City requires each prospective
bidder or proposer downloading these documents to follow the specific requirements detailed below. If the
potential bidder or proposer does not comply with these requirements they risk the possibility of not receiving a
complete solicitation packet and may be deemed a non-responsive bidder.
Please note that the solicitation available for download is the original document released to the public. All
prospective bidders or proposers are responsible for downloading any and all addendums or amendments listed
along with the solicitation packet on the City's website. Once a potential bidder or proposer has completed,
signed,and returned to the City the attached "FAX BACK"form,the City will automatically forward them any
and all subsequent addendums,amendments,or other documents relevant to the solicitation.
Disclaimer: The recipient of any downloaded document from this website shall be responsible for completing
and returning to the City of Tigard's Purchasing Office,the attached "FAX BACK"form. It is
imperative that it is faxed back as soon as possible. By doing so,the recipient will allow the City
of Tigard to send any additional documentation, including addendums, amendments, and other
information,which may be issued relative to a particular document. The City takes no
responsibility for informing recipients of changes to original documents if the attached "FAX
BACK" form has not been sent to the Purchasing Office. The recipient shall be responsible for the
accuracy of the information of the form submitted.
Any unidentified modifications to the original document issued by the City shall be null and void.
In those instances where modifications are unidentified,the original document issued by the City
of Tigard shall take precedence. The recipient of any downloaded documents is responsible for
clearly identifying any and all changes or modifications to document upon submission to the City.
Date:January 21, 2005
}. CITY OF TIGARD, OREGON
Stream Enhancement and Restoration Services
DATE DUE: February 15,2005
TIME DUE: 2:00 PM
Envelope(s) shall be sealed and marked with Project Title.
Respondents must submit one (1) original and three(3) complete copies of the RFP.
Technical Questions: RFP Questions:
Matt Stine, City Forester Joe Barrett, Buyer
City of Tigard, Public Works City of Tigard, Finance
Phone: 503-639-4171, Ext. 2589 Phone: 503-639-4171,Ext. 2477
Fax: (503) 718-2401 Fax:.(503) 639-1471
Email: mstinegci.tigard.onus Email:josephka,ci.tigard.onus
SUBMIT PROPOSAL TO:
Joe Barrett, Buyer
City of Tigard-Court Counter
13125 SW Hall Blvd
Tigard, Oregon 97223
RFP—Stream Enhancement&Restoration Services Page 1 of 26
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TABLE OF CONTENTS
TITLE PAGE
Title Page 1
Public Notice 2
Table of Contents 3
Sections
SECTION 1 Introduction 4
SECTION 2 Proposer's Special Instructions 4
SECTION 3 Background 7
SECTION 4 Scope and Schedule of Work 7
SECTION 5 Proposal Content and Format 12
SECTION 6 Proposal Evaluation Procedures 14
SECTION 7 Proposal Certification 17
SECTION 8 Signature Page 18
Attachments
ATTACHMENT A Acknowledgement of Addendum 19
ATTACHMENT B Statement of Proposal 20
ATTACHMENT C City of Tigard General Service Agreement 21
ATTACHMENT D Unit Price List 26
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B. GENERAL
By submitting a proposal, the Proposer certifies that the Proposal has been arrived at
independently and has been submitted without any collusion designed to limit competition.
C. PROPOSAL SUBMITTAL
The Proposal and all amendments must be signed and submitted no later than 2:00 PM
on February 15, 2005, to the address below. Each proposal must be submitted in a sealed
envelope and designated with proposal title. To assure that your proposal receives priority
treatment please mark as follows.
Stream Enhancement & Restoration Services
2:00 PM—February 15, 2005
City of Tigard—Court Counter
Joe Barrett, Buyer
13125 SW Hall Blvd.
Tigard, Oregon 97223
Proposer shall nut their name and address on the outside of the envelope. It is the Proposer's
responsibility to ensure that proposals are received prior to the stated closing time. The City shall
not be responsible for the proper identification and handling of any proposals submitted
incorrectly. Late proposals, late modification or late withdrawals shall not be considered accepted
after the stated bid opening date and time and shall be returned unopened. Facsimile and
electronic(email)proposals will not be accepted.
D. PROTEST OF SCOPE OF WORD OR TERMS
A proposer who believes-any details in the scope of work or terms detailed in the proposal
packet and sample contract are unnecessarily restrictive or limit competition may submit a
protest in writing, to the Purchasing Office. A protest may be submitted via facsimile. Any
such protest shall include the reasons for the protest and shall detail any proposed changes to
the scope of work or terms. The Purchasing Office shall respond to any protest and, if
necessary, shall issue any appropriate revisions, substitutions, or clarification via addenda to all
interested Proposers.
To be considered, protests must be received at least five- (5) days before the proposal closing
date. The City shall not consider any protest against award due to the content of proposal scope
of work or contract terms submitted after the established protest deadline. All protests should
be directed to Joe Barrett, Buyer and be marked as follows:
RFP Specification/Term Protest
Stream Enhancement& Restoration Services, 2/15/05
City of Tigard
Joe Barrett, Buyer
13125 SW Hall Blvd.
Tigard, Oregon 97223
If a protest is received in accordance with section above, the proposal opening date may be
extended if necessary to allow consideration of the protest and issuance of any necessary addenda
to the proposal documents.
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M. TERMINATION
The contract may be terminated by mutual consent of both parties or by the City at its
discretion with a 30 days' written notice. If the agreement is so terminated, Contractor shall be
paid in accordance with the terms of the agreement.
N. INTERGOVERNMENTAL COOPERTIVE PURCHASING
The bidder submitting this proposal agrees to extend identical prices and services under the
same terms and conditions to all public agencies in the region. Quantities stated in this
solicitation reflect the City of Tigard usage only.
Each participating agency shall execute its own contract with the lowest responsible/responsive
bidder for its requirements. Any bidder(s), by written notification included with their bid, may
decline to extend the prices and terms of this solicitation to any and/or all other public agencies.
O. NON-COLLUSION
Proposer certifies that this proposal had been arrived at independently and has been submitted
without collusion designed to limit independent bidding or competition.
P. PUBLIC RECORD
All bid material submitted by bidder shall become the property of the City and is public record
unless otherwise specified. A bid that contains any information that is considered trade secret
under ORS 192.501(2) should be segregated and clearly identified as such. This information
will be kept confidential and shall not be disclosed except in accordance with the Oregon
Public Records Law, ORS 192. The above restrictions may not include cost or price
information, which must be open to the public.
SECTION 3
BACKGROUND
The focus of these restoration and enhancement projects will be on the tributaries to Fanno Creek. In
the past,the City has worked on several projects on and/or around Fanno Creek. Clean Water Services
(CWS) has requested that the City work to restore native plant environments on these tributaries while
CWS concentrates on the main stem of Fanno Creek. The goals are to:
➢ Improve wildlife habitat throughout the Tualatin River Watershed,
➢ Improve water quality throughout the Tualatin River Watershed,
➢ Permanently reestablish native plant systems.
The City will only use plants that are native to the particular area of the watershed. The City will rely
predominantly on volunteer hours for the planting of the native species. The City hopes to eradicate no
less than 95% of non-native vegetation that currently dominates the riparian areas along each tributary.
The City hopes to restore conditions so that exotic vegetation cannot survive in, or specifically,
dominate,the areas in the future.
SECTION 4
SCOPE AND SCHEDULE OF WORK
This services agreement covers the restoration and protection of watersheds for fish, wildlife, riparian
and native species and for habitat conservation activities, including but not limited to planning,
RFP—Stream Enhancement&Restoration Services Page 7 of 26
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The City may, at its sole discretion, require estimates to be based upon another method
for certain projects. Under certain circumstances, the City may ask for project estimates
based upon a "per acre" basis. The City will calculate acreage to the closest tenth of an
acre using a horizontal plane and without regard to slope. The minimum project site
size for payment purposes will be .3 of an acre. Contractor shall not be entitled to
reimbursement for expenses incurred in providing the services unless agreed-upon in
written with the City.
E. ITEMS PROVIDED BY THE CITY
The City shall dispense all plant material,mulch and water to the target site.
F. WORK TASK DESCRIPTIONS
1. Site Preparation--Area Spray
When directed to do so by the City, Contractor shall spray areas of invasive vegetation
with herbicide. "Noxious weed" is vegetation that is designated by the Oregon
Department of Agriculture (ODA) as noxious or invasive. Contractor shall avoid
damaging existing native vegetation during spraying. "Native vegetation" is vegetation
that is indigenous to a particular ecosystem type.
2. Site Preparation--Spot Spray
When directed to do so by the City, Contractor shall spot spray invasive vegetation
with an approved herbicide. Contractor shall ensure that the volume of spray mixture is
sufficient to adequately cover all invasive vegetation at the site. Contractor shall avoid
damaging existing native vegetation during spraying.
3. Site Preparation—Mow/Cut
Contractor shall remove invasive species using manual (e.g., sheering) or mechanical
(i.e., weed whipping or mowing) means to control invasive vegetation. Contractor shall
avoid damaging existing native vegetation when conducting these activities.
4. Site Preparation—Cut and Remove Blackberries
Contractor shall remove blackberry using manual (e.g., chain sawing or flail mowing)
means. Contractor shall avoid damaging existing native vegetation when conducting
these activities.
5. Site Preparation--Circle Sealp
When directed to do so by the City, Contractor shall prepare individual planting spots
by scraping away all live and dead vegetation, roots and rhizomes from a 16-inch
diameter circle. Where the slope of the ground is greater than 20%, Contractor shall
also construct a flat planting area.
6. Site Preparation—Seed Application
When directed to do so by the City, Contractor shall seed project sites with native plants
using hand or machine seed spreaders
7. Site Preparation-Grading or Filling
When directed to do so by the City, Contractor shall grade soil or add soil if required by
the project's guidelines.
RFP—Stream Enhancement&Restoration Services Page 9 of 26
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or mowing) means to control invasive vegetation. Contractor shall not damage or
destroy native plants when performing these activities.
14. Maintenance—Spot Spray
When directed to do so by the City, Contractor shall spot spray invasive plants with
herbicide during site maintenance. Contractor shall ensure that the volume of spray
mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor
shall avoid damaging existing native vegetation during spraying.
15. Maintenance Truck/Hand Watering
When directed to do so by the City, Contractor shall acquire and deliver clean well
water to plants in project planting areas using a tanker truck and hoses. Contractor shall
ensure that each live plant planted in the area identified for watering receives the
specified quantity(e.g.,two gallons) of water at the specified time.
16. Maintenance—Above-Ground Irrigation
Provide all necessary maintenance to ensure effective, efficient and proper amounts of
water to ensure the survivability of the plants.
17. Maintenance-Miscellaneous
Other duties not listed above that will benefit the overall outcome of the project.
G. THE ROLE OF THE CITY CONTRACT MANAGER
The City and Contractor acknowledge that certain elements of site work in the environmental
restoration field are not easily addressed in written plans or designs, and are better addressed in
the field while work is underway. Accordingly, the City shall appoint a contract manager, who
will make decisions concerning locations where the various maintenance techniques are to be
employed, the timing and duration of irrigation, and other issues. Most decisions made by the
contract manager will not affect Contractor's costs or the terms of the amendment to this
agreement that addresses the project. In the event the contract manager makes a decision that
affects Contractor's costs or the terms of the amendment, the parties shall negotiate a written
change order. The City's use of a contract manager to direct and monitor field work will not
relieve Contractor from responsibility for complying with the terms of this agreement or any
amendment to this agreement.
H. HERBICIDE USAGE
Contractor shall comply with the herbicide application guidelines set forth by the Oregon
Department of Agriculture (ODA). Contractor shall use only as much herbicide as is necessary
to meet the invasive vegetation removal directives issued by the City's site inspector or
contained in any amendments to this agreement. As a general rule, Contractor shall treat one
acre with between 25 and 50 gallons of herbicide mixture. The specific amount used will
depend on the height and type of invasive vegetation sprayed. Contractor shall apply herbicide
directly to the foliage of the target vegetation until the foliage is visibly wet, but not dripping.
At smaller sites, Contractor shall use backpack sprayers when applying herbicides. At larger
sites, Contractor shall use tank sprayers mounted on ATVs or small booms. Herbicides shall
not be applied when wind speed is greater than 5 mph. There shall be no draft or over-spray of
herbicides onto native vegetation. Where necessary, Contractor shall manually or mechanically
clear invasive vegetation away from native vegetation to protect native vegetation during
spraying. In all cases, the spray mixture shall contain a colorant in the amount of 1% of the
RFP—Stream Enhancement&Restoration Services Page 11 of 26
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1. Title Pate
Proposer should identify the RFP subject, name and title of contact person, address,
telephone number, fax number,email address and date of submission.
2. Transmittal Letter
The transmittal letter should be not more than two (2) pages long and should include as
a minimum the following:
a. A brief statement of the Proposer's understanding of the project and services to
be performed;
b. A positive commitment to perform the services within the time period specified,
starting and completing the project within the deadlines stated in this RFP; and
The names of persons authorized to represent the Proposer, their title, address
and telephone number (if different from the individual who signs the transmittal
letter).
3. Table of Contents
The table of contents should include a clear and complete identification by section and
page number of the materials submitted.
4. Firm Oualifications
a. Background of the fun. This should include a brief history of the firm and
types of services the firm is qualified to perform.
b. Qualifications of the firm in performing this type of work. This should include
examples of related experience and references for similar studies and projects.
5. Proiect Approach
a. Submit a work plan to accomplish the scope of work defined in the section
entitled "Scope and Schedule of Work" in this RFP. The work plan should
include time estimates (in hours) for each significant segment of the project and
the staff level to be assigned. Where possible, individual staff members should
be named and their titles provided. The planned use of specialists (if any)
should be described.
b. Indicate the extent to which City personnel would be expected to contribute to
the project work effort.
6. Hourly/Unit Pricing
The majority of assigned projects shall.be based upon hourly/unit pricing (See Section
4.1)). Proposing funis shall supply hourly/unit cost on provided Attachment D. Only
hourly/unit prices that are detailed on Attachment D shall be review by the City. No
other form may be used.
The City shall evaluate the hourly/unit pricing based upon a rough estimate of the
number of hours for standard services involved in anticipated type projects. These are
only very rough estimates of the hours required for services. Hours may vary over the
life of the contract. The total cost based upon these hours and hourly/unit pricing(i.e. 10
hrs of A task @ $40 + 10 hrs of B task @ $50 = $900) shall determine the ranking in
the City's evaluation of this criteria.
RFP—Stream Enhancement&Restoration Services Page 13 of 26
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1. Completed Proposal submitted on time Pass/FaH
2. An original plus three(3) copies of the complete proposal Pass/Fail
3. Transmittal letter Pass/Fail
4. Firm qualifications 50 points
The evaluation of the firm's qualifications as listed under
Section 5 of this RFP Packet. Technical experience of the
firm and prior stream enhancement and restoration service
experience with governmental and municipal entities will
be evaluated_
5. Project understanding and approach 25 points
An evaluation of the proposer's work plan and general
understanding of the project as detailed in Section 5.
6. Unit pricing-evaluation 25 points
The evaluation of the proposed fee will consider the overall
cost (fees plus out-of-pocket expenses), and the proposed
hours and City assistance requested. All of these factors
are important in evaluating the reasonableness of the fee
and the Proposer's understanding of the requirements.
Total Evaluation Points 100 points
B. INTERVIEW
At the option of the City, the top firms may be required to make a presentation of their
proposal. This will provide an opportunity to clarify or elaborate on the proposal, but will not,
in any way provide an opportunity to change any fee amount originally proposed. The Project
Administrator will schedule the time and location of these presentations (if necessary) and
notify the selected firms. Should one or more firms be selected for oral interviews an additional
25 points in scoring will be assigned to the interview process.
C. INVESTIGATION OF REFERENCES
The City reserves the right to investigate references and the past performance of any proposer with
respect to its successful performance of similar projects, compliance with specifications and
contractual obligations, its completion or delivery of a project on schedule and its lawful payment
of employees and workers.
D. CLARIFICATION OF PROPOSALS
The City reserves the right to obtain clarification of any point in a firm's proposal or to obtain
additional information necessary to properly evaluate or particular proposal. Failure" of a
Proposer to respond to such a request for,additional information or clarification could result in
rejection of the firm's proposal.
E. RESERVATION IN EVALUATION
The Selection Committee reserves the right to either: (a) request "Best and Final Offers" from
the two finalist firms and award to the lowest priced or (b) to reassess the proposals and award
to the vendor determined to best meet the overall needs of the City.
F. INTENT OF AWARD
Upon review of the proposals submitted, the City may negotiate a scope of work and a General
Services Agreement with one firm, or may select one or more firms for further consideration.
RFP—Stream Enhancement&Restoration Services Page 15 of 26
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SECTION 7
PROPOSAL CERTIFICATIONS
Non-discrimination Clause
The Contractor agrees not to discriminate against any client, employee or applicant for employment or
for services, because of race, color, religion, sex, national origin, handicap or age with regard to, but
not limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment
advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training;
rendition of services. It is fiuther understood that any contractor who is in violation of this clause shall
be barred from receiving awards of any purchase order from the City, unless a satisfactory showing is
made that discriminatory practices have terminated and that a recurrence of such acts is unlikely.
Agreed by: Andrew Harris
Firm Name: Harris Stream Services
Address: 2270 Arbor Drive
West Linn OR.
97068
Resident Certificate
Please Check One:
Resident Vendor: Vendor has paid unemployment taxes and income taxes in this state during
:the last twelve calendar months immediately preceding the submission of this proposal.
Or
6 Non-resident Vendor: Vendor does not qualify under requirement stated above.
(Please specify your state of residence: )
Officer's signature: G✓u
Type or print officer's name: Andrew Harris
17
RFP—Stream Enhancement&Restoration Services Page ft of 26
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ATTACHMENT A
ACKNOWLEDGMENT OF ADDENDA
City of Tigard, Oregon
Request for Proposal
Stream Enhancement & Restoration Services
Close: Tuesday, February 15,2005,2:00 PM
UWE HAVE RECEIVED THE FOLLOWING ADDENDA:
If none received write "None Received"
L. None Received 3.
2. 4.
FebnjM 15, 2005
Date
Signature of Proposer
Owner
Title
Harris Stream Services
Corporate Name
0
RFP—Stream Enhancement&Restoration Services Page Prof 26
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ATTACI EWENT C
CITY OF TIGARD, OREGON
AGREEMENT FOR SERVICES RELATED TO
STREAM ENHANCEMENT&RESTORATION SERVICES
THIS AGREEMENT made and entered into this (Day) of (Month), (Year) by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and (Contractor's Name),
hereinafter called Contractor.
RECITALS
WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and
WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for
which City requires the services;and
WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the
services described in Contractor's bid or proposal;
THEREFORE,The parties agree as follows:
1. SERVICES TO BE PROVIDED .
Contractor agrees to provide services related to (enter project title or brief description) as detailed in
Exhibit A—Scope of Services and by this reference made a part hereof.
2. EFFECTIVE DATE AND DURATION
Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed
copy of this Agreement. This Agreement shall become effective upon the date of execution and shall
expire, unless otherwise terminated or extended, on(Enter end date). All services shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
City agrees to pay Contractor an amount not exceeding (Amount in words) and (00-99)/100 dollars
($Amount in numbers) for performance of those services described herein, which payment shall be
based upon the following applicable terms:
A. Payment will be made in installments based on Contractor's invoice, subject to the
approval by the City, and not more frequently than monthly. Payment shall be made only
for work actually completed as of the date of invoice.
B. Payment by City shall release City from any further obligation for payment to Contractor,
for services performed or expenses incurred as of the date of the invoice. Payment shall not
be considered acceptance or approval of any work or waiver of any defects therein.
C. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
E. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
RFP—Stream Enhancement&Restoration Services Page 21 of 26
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unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the
parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis
for a claim for additional compensation. Each party shall, however, make all reasonable efforts to
remove or eliminate such a cause of delay or default and shall,upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
10. NON-DISCPJNHNATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with
Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established
pursuant to those laws.
11. INDEMNITY/HOLD HARMLESS
Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and
representatives from and against all liability, claims, demands,judgments, penalties, and causes of
action of any kind or character, or other costs or expenses incidental to the investigation and
defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor
or its subcontractors, agents, or employees under this contract, except, however, that the foregoing
shall not apply to liability that arises out of City's sole negligence.
12. INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of
this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's
activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The
following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal & Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
B. Business Automobile Liability Insurance
If Contractor will be delivering any goods or services which require the use of a vehicle,
Contractor shall provide City a certificate indicating that Contractor has business automobile
liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit
per occurrence shall not be less than $1,000,000. Said insurance shall name City as an
additional insured and shall require written notice to City thirty (30) days in advance of
RFP—Stream Enhancement&Restoration Services Page 23 of 26
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I
21. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the
Exhibit, the provision in the main body of the Agreement shall control. In the event of an
inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this
Agreement shall be effective unless and until it is made in writing and signed by both parties. No
waiver, consent, modification, or change.of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver,consent,modification,or change if made, shall
be effective only in specific instances and for the. specific purpose given. There are no
understandings, agreements, or representations, oral or written, not specified herein regarding this
Agreement. Contractor,by the signature of its authorized representative,hereby acknowledges that
Contractor has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first
written. -
CI'T'Y OF TIGARD
Approved by Tigard's Local Contract Review Board on:
By: Authorized City'staff-person letting contract Date
CONTRACTOR >�`
Harris Stream Services
By: Company Name
Andrew Farris,Owner
Print Name 'tle of AuthorizeMR tative
February 15,2005
Sign Name Date
2.�
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