Teragan & Associates, Inc ~ C190075 CITY OF TIGARD-CONTRACT SUMMARY&ROUTING FORM
Contract Overview
Contract/Amendment Number: C190075a2
Contract Start Date: 05/01/2019 Contract End Date: 04/30/2024
Contract Title: On-Call Arborist Services
Contractor Name: Teragan&Associates, Inc
Contract Manager: Tom McGuire
Department: CD
Contract Costs
Original Contract Amount: S 10 000.00
Total All Previous Amendments:
Total of this Amendment:
Total Contract Amount: $10,000.00
Procurement Authority
Contract Type: Personal Services
Procurement Type: Small Procurement <=$1OK
Solicitation Number:
LCRB Date:
Account String: Fund-Division-Account Work Order—Activit): yPe Amount
FY
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: IJIAz,� __
Comments: Extend the end date
DocuSign Routing
Route for Signature Name Email Address
Contractor Todd Prager terry&teragan.com
City of Tigard Steve Rymer stever&tigard-or.gov
Final Distribution
Contractor Todd Prager terrykteragan.com
Project Manager Tom McGuire tomm ti and-or. ov
Project Manager
Buyer Toni Riccardi tonir ti and-or. ov
DocuSign Envelope ID:88485E81-94DC-4AOC-889E-42CB77AF52B6
CITY OF TIGARD,OREGON
AMENDMENT TO
CONTRACT NUMBER C190075
FOR
ON-CALL ARBORIST SERVICES
AMENDMENT #2
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Teragan&Associates Inc,hereinafter referred to as Contractor,is hereby amended as follows:
1. EFFECTIVE DATE AND DURATION
This agreement is hereby amended to provide that the expiration date is April 30, 2024.
2. Except as expressly provided in this contract amendment, all other terms remain unchanged.
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIGARD TERAGAN&ASSOCIATES INC.
Signature Signature
Steve Rymer Terrence P Flanagan
Printed Name Printed Name
3/1/2022 2/28/2022
Date Date
Rev.8/21
CITY OF TIGARD-CONTRACT SUMMARY FORM
Contract Overview
Contract/Amendment Number: C190075a1
Contract Start Date: 5/1/2019 Contract End Date: 4/30/2022
Contract Title: On Call Arborist Services
Contractor Name: Teragan &Associates,Inc.
Contract Manager:Tom McGuire
Department: CD
Contract Costs
Original Contract Amount: $10,000
Total All Previous Amendments:
Total of this Amendment: 0
Total Contract Amount: $10,000
Procurement Authority
Contract Type: Personal Services
Procurement Type: Small Procurement <=$10K
Solicitation Number:
LCRB Date: NA
Account String: Fund-Division-Account Work Order—Activity Type Amount
FY 2022 Will be determined upon each project.
FY
FY
FY
FY
Contracts & Purchasing Approval
Purchasing Signature: Mato-- Zl.(.Z Sfep+Lt*x,:�,
Comments: Increase in hourly rates.
DocuSign Envelope ID:E192DE42-D9EB-4435-A251-CCBD254EB759
CITY OF TIGARD,OREGON
AMENDMENT TO CONTRACT
C190075
ON-CALL ARBORIST SERVICES
AMENDMENT # 1
The Agreement between the City of Tigard,a municipal corporation of the State of Oregon,hereinafter called
City, and Teragan &Associates, Inc, hereinafter referred to as Contractor, entered into on the 30th day of
April, 2019,is hereby amended as follows:
1. CONSULTANT'S FEES
Todd Prager - $120.00 175.00/ hour
Terry Flanagan - $120.00 175.00/ hour
IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized
undersigned officer and Contractor has executed this Amendment upon signature and date listed below.
CITY OF TIG oocuSigned ny: TERAGANSS&AWWW-S,INC.
Ibmtt, P.
Signature Signature
Steve Rymer Terrence P. Flanagan
Printed Name Printed Name
8/18/2021 8/18/2021
Date Date
CITY OF TIGARD OREGON-CONTRACT SUMMARY FORM
(THIS FORM MUSTACCOMPANYEVERY CONTRACT ❑
Contract Title: On-Call Arborist Services Number:
Contractor: Teragan&Associates, Inc. Contract Total: $10,000 annually/5 yrs
Contract Overview: Various arborist services as needed by the City of Tigard. Conduct tree risk assessments
on private & public properties;written reports and recommendations;determine
replacement value of trees, etc. (See Scope of Work for more details.)
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments: Possible risk of not correctly assessing a hazard tree. Possible injuries to arborist while
assessing a tree, etc.
Risk Signature:
Contract Manager: Tom McGuire Ext: 2490 Department: CD
Type: F] Purchase agreement ® Personal Service GeneralService ❑ Public Improvement
❑ IGA ❑ Other: Start Date: 4/30/19 End Date: 4/30/20
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
Teragan &Associates, Inc. $120/hr
Morgan Holen, LLC $150/hr
Northwest Tree Specialists $125/hr
Account String: Fund-Division-Account Work Order—ActivityType Amount
Year 1 Will be determined upon each protect $10,000.00
Year 2
Year 3
Year 4
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments: -° f t,�,t-ij.
Purchasing Signature: }
City Manager Comments:
z
City Manager Signature:
After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed
Contract Checklist.
Contract# t
CITY OF TIGARD,OREGON
PROFESSIONAL SERVICES AGREEMENT
ON-CALL ARBORIST SERVICES
THIS AGREEMENT,made and entered into this 30`'day of April,2019,by and between the City of Tigard,
a municipal corporation, hereinafter referred to as the "City," and Teragan & Associates, Inc, hereinafter
referred to as the "Consultant."
RECITALS
WHEREAS, the City's Fiscal Year 2018-2019 budget provides for On-Call Arborist services for the various
projects throughout the city; and
WHEREAS, the accomplishment of the work and services described in this Agreement is necessary and
essential to the program of the City; and
WHEREAS,the City desires to engage the Consultant to render professional arborist services for the project
described in this Agreement, and the Consultant is willing and qualified to perform such services;
THEREFORE, in consideration of the promises and covenants contained herein, the parties hereby agree
as follows:
1. Consultant's Scone of Services
The Consultant shall perform professional arborist services relevant to the Project in accordance with the
terms and conditions set forth herein,and as provided in Exhibit A,which is attached hereto and by this
reference made a part of this Agreement.
2. Effective Date and Duration
This agreement shall become effective upon the date of execution, and expires, unless otherwise
terminated or extended,on April 30,2020. The City and Consultant may mutually agree in writing up to
four(4)additional one (1)year extension to this Agreement. The execution of any extension period must
be completed no less than thirty (30) days prior to the end of any contract year. The total life of this
contract may not exceed five (5) years. All work under this Agreement shall be completed prior to the
expiration of this Agreement.
3. Consultant's Fee
A. Basic Fee
1) As compensation for Basic Services as described in Exhibit A of this Agreement, , the
Consultant will be paid on an hourly rate based upon the "Schedule of Rates" in Exhibit B of
this agreement, which shall constitute full and complete payment for said services and all
expenditures which may be made and expenses incurred, except as otherwise expressly
provided in this Agreement. The City anticipates the total spend under the agreements with
on-call arborist services shall not exceed Ten Thousand and No/100 Dollars ($10,000.00)
annually.
2) The Parties hereto do expressly agree that the Basic Fee is based upon the Scope of Services
to be provided by the Consultant.
B. Payment Schedule for Basic Fee
Payments shall be made upon receipt of billings based on the work completed. Billings shall be
submitted by the Consultant periodically,but not more frequently than monthly. Payment by the
City shall release the City from any further obligation for payment to the Consultant for service
or services performed or expenses incurred as of the date of the statement of services. Payment
shall be made only for work actually completed as of the date of invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
C. Pa)rnent for Special Services
Only when directed in writing by the City, the Consultant shall furnish or acquire for the City the
professional and technical services based on the hourly rate schedule as described in Exhibit B of
this contract for minor project additions and/or alterations.
D. Certified Cost Records
The Consultant shall furnish certified cost records for all billings pertaining to other than lump
sum fees to substantiate all charges. For such purposes, the books of account of the Consultant
shall be subject to audit by the City. The Consultant shall complete work and cost records for all
billings on such forms and in such manner as will be satisfactory to the City.
E. Contract Identification
The Consultant shall furnish to the City its employer identification number, as designated by the
Internal Revenue Service,or social security number, as the City deems applicable.
F. Payment—General
1) Consultant shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
2) Consultant shall pay employees at least time and a half pay for all overtime worked in excess
of 40 hours in any one week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
3) Consultant shall promptly, as due, make payment to any person, co-partnership, association
or corporation, furnishing medical, surgical and hospital care or other needed care and
attention incident to sickness or injury to the employees of Consultant or all sums which
Consultant agrees to pay for such services and all moneys and sums which Consultant
collected or deducted from the wages of employees pursuant to any law,contract or agreement
for the purpose of providing or paying for such service.
4) The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract.
5) Consultant shall make payments promptly, as due, to all persons supplying services or
materials for work covered under this contract. Consultant shall not permit any lien or claim
to be filed or prosecuted against the City on any account of any service or materials furnished.
6) If Consultant fails, neglects or refuses to make prompt payment of any claim for labor,
materials, or services furnished to Consultant, sub-consultant or subcontractor by any person
as such claim becomes due, City may pay such claim and charge the amount of the payment
against funds due or to become due to the Consultant. The payment of the claim in this
manner shall not relieve Consultant or their surety from obligation with respect to any unpaid
claims.
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4. Ownership of Plans and Documents: Records
The Consultant shall furnish to the City, copies of all maps, records, field notes, and soil tests which
were developed in the course of work for the City and for which compensation has been received by
the Consultant at no additional expense to the City except as provided elsewhere in this Agreement.
5. Assignment/Delegation
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
until the other party has so consented. If City agrees to assignment of tasks to a subcontract,
Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them, and neither the approval by City of any subcontractor nor anything
contained herein shall be deemed to create any contractual relation between the subcontractor and
City.
6. Consultant is Independent Contractor
A. The City's project director,or designee, shall be responsible for determining whether Consultant's
work product is satisfactory and consistent with this agreement, but Consultant is not subject to
the direction and control of the City. Consultant shall be an independent contractor for all
purposes and shall be entitled to no compensation other than the compensation provided for
under Section 3 of this Agreement.
B. Consultant is an independent contractor and not an employee of City. Consultant acknowledges
Consultant's status as an independent contractor and acknowledges that Consultant is not an
employee of the City for purposes of workers compensation law,public employee benefits law,or
any other law. All persons retained by Consultant to provide services under this contract are
employees of Consultant and not of City. Consultant acknowledges that it is not entitled to
benefits of any kind to which a City employee is entitled and that it shall be solely responsible for
workers compensation coverage for its employees and all other payments and taxes required by
law. Furthermore, in the event that Consultant is found by a court of law or an administrative
agency to be an employee of the City for any purpose,City shall be entitled to offset compensation
due, or to demand repayment of any amounts paid to Consultant under the terms of the
agreement,to the full extent of any benefits or other remuneration Consultant receives (from City
or third party) as a result of said finding and to the full extent of any payments that City is required
to make (to Consultant or to a third party) as a result of said finding.
C. The undersigned Consultant hereby represents that no employee of the City or any partnership or
corporation in which a City employee has an interest,has or will receive any remuneration of any
description from the Consultant, either directly or indirectly, in connection with the letting or
performance of this Agreement, except as specifically declared in writing.
D. If this payment is to be charged against Federal funds, Consultant certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his/her
normal charge for the type of service provided.
E. Consultant and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year by
any public employer participating in the Retirement System.
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F. Consultant shall obtain, prior to the execution of any performance under this Agreement, a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31 st expiration date. New businesses operating in Tigard after June 30th of the current
year will pay a pro-rated fee though the end of the calendar year.
G. Consultant is not an officer,employee,or agent of the City as those terms are used in ORS 30.265.
7. Indemnity
A. The City has relied upon the professional ability and training of the Consultant as a material
inducement to enter into this Agreement. Consultant represents to the City that the work under
this contract will be performed in accordance with the professional standards of skill and care
ordinarily exercised by members of the Consultant's profession under similar conditions and
circumstances as well as the requirements of applicable federal, state and local laws, it being
understood that acceptance of an Consultant's work by the City shall not operate as a waiver or
release. Acceptance of documents by City does not relieve Consultant of any responsibility for
design deficiencies, errors or omissions.
B. Claims for other than Professional Liability. Consultant agrees and shall indemnify, defend, save
and hold harmless the City of Tigard, its officers, employees, agents, and representatives from all
claims, suits, or actions and all expenses incidental to the investigation and defense thereof, of
whatsoever nature, including intentional acts resulting from or arising out of the activities of
Consultant or its subcontractors, sub-consultants, agents or employees in performance of this
contract at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies. If any aspect of this indemnity shall
be found to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not
affect the validity of the remainder of this indemnification.
C. Claims for Professional Liability. Consultant agrees and shall indemnify, defend, save and hold
harmless the City of Tigard, its officers, employees, agents, and representatives from all claims,
suits, or actions and all expenses incidental to the investigation and defense thereof,arising out of
the professional negligent acts, errors or omissions of Consultant or its subcontractors, sub-
consultants, agents or employees in performance of professional services under this agreement.
Any work by Consultant that results in a design of a facility that is not readily accessible to and
usable by individuals with disabilities shall be considered a professionally negligent act, error or
omission.
D. As used in subsections B and C of this section, a claim for professional responsibility is a claim
made against the City in which the City's alleged liability results directly or indirectly,in whole or
in part,from the quality of the professional services provided by Consultant,regardless of the type
of claim made against the City in performance of this contract. A claim for other than professional
responsibility is a claim made against the City in which the City's alleged liability results from an
act or omission by Consultant unrelated to the quality of professional services provided by
Consultant in performance of this contract.
8. Insurance
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect
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throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly out of
Consultant's activities or work hereunder,including the operations of its subcontractors of any tier. Such
insurance shall include provisions that such insurance is primary insurance with respect to the interests
of City and that any other insurance maintained by City is excess and not contributory insurance with the
insurance required hereunder.
The policy or policies of insurance maintained by the Consultant and its subcontractors shall provide at
least the following limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain,at Consultant's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (CG 2010 1185 or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Professional Liability
Consultant shall obtain,at Consultant's expense,and keep in effect during the term of this contract,
Professional Liability Insurance covering any damages caused by any actual or alleged negligent act,
error or omission in the rendering of or failure to render Professional Services.Combined single limit
per claim shall not be less than$2,000,000,or the equivalent. Annual aggregate limit shall not be less
than$3,000,000 and filed on a"claims-made"form.
C. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant's expense, and keep in effect during the term of the
contract(Symbol 1 or Symbols 8 and 9 as applicable) Commercial Automobile Liability coverage on
an "occurrence" form including coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than$2,000,000.
If Contractor operates a personally-owned vehicle for business use under this contract,the Contractor
shall obtain, at Contractor's expense, and keep in effect during the term of the contract, business
automobile liability coverage for all owned vehicles on an "occurrence" form. The Combined Single
Limit per occurrence shall not be less than $2,000,000.
D. Workers'Compensation Insurance
The Consultant,its subcontractors,if any,and all employers providing work,labor or materials under
this Contract are subject employers under the Oregon Workers'Compensation Law and shall comply
with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies
Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers'
compensation coverage for their workers who work at a single location within Oregon for more than
30 days in a calendar year. Consultants who perform work without the assistance or labor of any
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employee need not obtain such coverage. This shall include Employer's Liability Insurance with
coverage limits of not less than$1,000,000 each accident.
E. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional Liability, shall
include the City its officers,employees,agents and representatives as additional insureds with respect
to this contract. Coverage will be endorsed to provide a"per project"aggregate.
F. Extended Reporting Coverage
If any of the aforementioned liability insurance is arranged on a "claims-made" basis, Extended
Reporting coverage will be required at the completion of this contract to a duration of 24 months or
the maximum time period the Consultant's insurer will provide such if less than 24 months.
Consultant will be responsible for furnishing certification of Extended Reporting coverage as
described or continuous "claims-made" liability coverage for 24 months following contract
completion. Continuous "claims-made" coverage will be acceptable in lieu of Extended Reporting
coverage, provided its retroactive date is on or before the effective date of this contract. Coverage
will be endorsed to provide a"per project"aggregate.
G. Insurance Carrier Rating
Coverage provided by the Consultant must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M. Best
rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any insurance
carrier(s)with an unacceptable financial rating.
H. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the City will
consider whether such self-insurance is acceptable if it meets the minimum insurance requirements
for the type of coverage required. If the Contractor is self-insured for commercial general liability or
automobile liability insurance the Contractor must provide evidence of such self-insurance. The
Contractor must provide a Certificate of Insurance showing evidence of the coverage amounts on a
form acceptable to the City. The City reserves the right in its sole discretion to determine whether
self-insurance is adequate.
I. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Consultant shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates of
Insurance have been received and approved by the City. The certificate will specify and document
all provisions within this contract and include a copy of Additional Insured Endorsement. A renewal
certificate will be sent to the address below prior to coverage expiration.
J. Independent Contractor Status
The service or services to be rendered under this contract are those of an independent contractor.
Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265.
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K. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law. The
parties further agree that other insurance maintained by the City is excess and not contributory
insurance with the insurance required in this section.
L. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general liability and
commercial automobile policies required by this contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will be
forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
13125 SW Hall Blvd
Tigard, Oregon 97223
At the discretion of the City, a copy of each insurance policy, certified as a true copy by an authorized
representative of the issuing insurance company may be required to be forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work.
The procuring of such required insurance shall not be construed to limit Consultant's liability hereunder.
Notwithstanding said insurance,Consultant shall be obligated for the total amount of any damage,injury,
or loss caused by negligence or neglect connected with this contract.
9. Termination Without Cause
At any time and without cause,City shall have the right in its sole discretion,to terminate this Agreement
by giving notice to Consultant. If City terminates the contract pursuant to this paragraph, it shall pay
Consultant for services rendered to the date of termination.
10. Termination With Cause
A. City may terminate this Agreement effective upon delivery of written notice to Consultant,or at such
later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement
may be modified to accommodate a reduction in funds.
2) If Federal or State regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied,revoked, or not renewed.
4) If Consultant becomes insolvent,if voluntary or involuntary petition in bankruptcy is filed by
or against Consultant, if a receiver or trustee is appointed for Consultant, or if there is an
assignment for the benefit of creditors of Consultant.
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Any such termination of this agreement under paragraph (A) shall be without prejudice to any
obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant, may terminate the
whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time specified
herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten days or
such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 14 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including breach of
contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as
full payment for all services satisfactorily rendered and expenses incurred,an amount which bears
the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered
by Consultant bear to the total services otherwise required to be performed for such total fee;
provided,that there shall be deducted from such amount the amount of damages,if any, sustained
by City due to breach of contract by Consultant. Damages for breach of contract shall be those
allowed by Oregon law,reasonable and necessary attorney fees,and other costs of litigation at trial
and upon appeal.
11. Non-Waiver
The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of
this Agreement or to exercise any rights hereunder, should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
12. Method and Place of Giving Notice, Submitting Bills and Making Payments
All notices, bills and payments shall be made in writing and may be given by personal delivery,mail, or
by fax. Payments may be made by personal delivery,mail,or electronic transfer. The following addresses
shall be used to transmit notices,bills,payments, and other information:
I ..
Attn: Tom McGuire Attn:Todd Prager
Address: 13125 SW Hall Blvd. Address: 3145 Westview Cir
Tigard, Oregon 97223 Lake Oswego OR 97034
Phone: 503-718-2490 Phone: 503-697-1975
Email: Comm gtigard-or.gov Email: terry tx,teragan.com
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and when so addressed, shall be deemed given upon deposit in the United States mail,postage prepaid,
or when so faxed, shall be deemed given upon successful fax. In all other instances, notices, bills and
payments shall be deemed given at the time of actual delivery. Changes may be made in the names and
addresses of the person to who notices, bills and payments are to be given by giving written notice
pursuant to this paragraph.
13. Merger
This writing is intended both as a final expression of the Agreement between the parties with respect to
the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
14. Professional Services
The City requires that services provided pursuant to this agreement shall be provided to the City by an
Consultant,which does not represent clients on matters contrary to City interests. Further, Consultant
shall not engage services of an Consultant and/or other professional who individually, or through
members of his/her same firm,represents clients on matters contrary to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the services of
an Consultant and/or other professional who individually, or through members of his/her same firm,
represents clients on matters contrary to City interests, Consultant shall consult with the appropriate
City representative regarding the conflict.
After such consultation,the Consultant shall have 10 days to eliminate the conflict to the satisfaction of
the City. If such conflict is not eliminated within the specified time period, the agreement may be
terminated pursuant to Section 10 (B - 3) of this agreement.
15. Force Majeure
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the part
of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil
unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight
embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided
that the parties so disenabled shall within ten days from the beginning of such delay, notify the other
party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for
a claim for additional compensation. Each party shall, however,make all reasonable efforts to remove
or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue
performance of its obligation under the Agreement.
16. Non-Discrimination
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statues, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative rules established pursuant
to those laws. All facilities designed by Consultant under this contract shall be designed to be readily
accessible to and usable by individuals with disabilities as required by the Americans with Disabilities
Act.
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17. Errors
Consultant shall perform such additional work as may be necessary to correct errors in the work required
under this Agreement without undue delays and without additional cost.
18. Extra (Changes) Work
Only the City's Project Manager may authorize extra (and/or change) work. Failure of Consultant to
secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract
price or contract time due to such unauthorized extra work and Consultant thereafter shall be entitled
to no compensation whatsoever for the performance of such work.
19. Governing Law
The provisions of this Agreement shall be construed in accordance with the provisions of the laws of
the State of Oregon. Any action or suits involving any question arising under this Agreement must be
brought in the appropriate court of the State of Oregon.
20. Choice of Law Venue
The provisions of this Agreement are governed by Oregon Law. Venue will be the State of Oregon
Circuit Court in Washington County or the US District Court for Oregon,Portland.
21. Compliance With Applicable Law
Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work
under this Agreement,including those set forth in ORS 279A,27913, and 279C.
22. Conflict Between Terms
It is further expressly agreed by and between the parries hereto that should there be any conflict between
the terms of this instrument in the proposal of the contract, this instrument shall control and nothing
herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.
23. Access to Records
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts.
24. Audit
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement,and to assure adequate performance and accurate expenditures within the contract period.
Consultant agrees to permit City,the State of Oregon,the federal government, or their duly authorized
representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of
funds.
25. Severability
In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any
court of competent jurisdiction,the validity of the remaining terms and provisions shall not be affected
to the extent that it did not materially affect the intent of the parties when they entered into the
agreement.
26. Representations and Warranties
Consultant represents and warrants to the City that:
10 1 P a = e
A. Consultant has the power and authority to enter into and perform this Agreement.
B. This Agreement, when executed and delivered, is a valid and binding obligation of Consultant,
enforceable in accordance with its terms.
C. Consultant (to the best of Consultant's knowledge, after due inquiry), for a period of no fewer
than six calendar years (or since the firm's inception if less than that) preceding the effective date
of this Agreement, faithfully has complied with:
1) All tax laws of this state, including but not limited to ORS 305.620 and ORS chapters 316,
317, and 318;
2) Any tax provisions imposed by a political subdivision of this state that applied to Consultant,
to Consultant's property, operations, receipts, or income, or to Consultant's performance of
or compensation for any work performed by Consultant;
3) Any tax provisions imposed by a political subdivision of this state that applied to Consultant,
or to goods, services,or property,whether tangible or intangible,provided by Consultant;and
4) Any rules,regulations, charter provisions, or ordinances that implemented or enforced any of
the foregoing tax laws or provisions.
D. Any intellectual property rights or such delivered to the City under this Agreement, and
Consultant's services rendered in the performance of Consultant's obligations under this
Agreement, shall be provided to the City free and clear of any and all restrictions on or conditions
of use,transfer,modification,or assignment,and shall be free and clear of any and all liens,claims,
mortgages, security interests,liabilities, charges, and encumbrances of any kind.
27. Compliance with Tax Laws
A. Consultant must, throughout the duration of this Agreement and any extensions, comply with all
tax laws of this state and all applicable tax laws of any political subdivision of the State of Oregon.
For the purposes of this Section,"tax laws"includes all the provisions described in subsection 25.C.
1) through 4) of this Agreement.
B. Any violation of subsection A of this section shall constitute a material breach of this Agreement.
Further, any violation of Consultant's warranty, in subsection 25.0 of this Agreement, that the
Consultant has complied with the tax laws of the State of Oregon and the applicable tax laws of any
political subdivision of this state also shall constitute a material breach of this Agreement. Any
violation shall entitle the City to terminate this Agreement,to pursue and recover any and all damages
that arise from the breach and the termination of this Agreement, and to pursue any or all of the
remedies available under this Agreement,at law,or in equity,including but not limited to:
1) Termination of this Agreement,in whole or in part;
2) Exercise of the right of setoff, and withholding of amounts otherwise due and owing to
Consultant,in an amount equal to State's setoff right,without penalty; and
3) Initiation of an action or proceeding for damages, specific performance, declaratory or
injunctive relief. The City shall be entitled to recover any and all damages suffered as the result
of Consultant's breach of this Agreement, including but not limited to direct, indirect,
111 €lag
incidental and consequential damages, costs of cure, and costs incurred in securing a
replacement Consultant.
These remedies are cumulative to the extent the remedies are not inconsistent,and the City may pursue
any remedy or remedies singly, collectively, successively, or in any order whatsoever.
28. Complete Agreement
This Agreement,including the exhibits,is intended both as a final expression of the Agreement between
the Parties and as a complete and exclusive statement of the terms. In the event of an inconsistency
between a provision in the main body of the Agreement and a provision in the Exhibits,the provision in
the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and
Exhibit B,Exhibit A shall control.
No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Consultant,by the signature of its authorized representative,hereby acknowledges that he/she has read
this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF,City has caused this Agreement to be executed by its duly authorized undersigned
officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY OF TIGARD TERAGAN AND ASSOCIATES,INC
By: Marty Wine, City Manager By: Authorized Contrac or epresentative
L—,2 o May 28, 2019
Date Date
121i' :Ig c
EXHIBIT A
SCOPE OF SERVICES
1. Background
The City of Tigard has a proud history of commitment to preserving,enhancing,and maintaining its urban
forest. The City's trees provide an important backdrop for life in Tigard. The City's American Planning
Association award winning Urban Forestry Master Plan established the goal that "Tigard's urban forest is
valued and protected by City residents as a thriving interconnected ecosystem managed to improve quality
of life,increase community identity, and maximize aesthetic, economic, and ecological benefits."
Additionally,Tigard is a Tree City USA, as recognized by the National Arbor Day Foundation, and this is
the seventeenth year that Tigard has received this honorable recognition for its urban forestry
management efforts.
2. Scope of Work
The scope of work to be performed by the Consultant will include, but is not limited to the following:
A. Conduct tree risk assessments using International Society of Arboriculture Standards for trees on both
private and public properties.
B. Prepare written reports and recommendations for city staff on tree risk assessments and abatement
options.
C. Determine the replacement value of trees using The Guide for Plant Appraisal,Current Edition. when
illegal tree removal occurs.
D. Perform written completeness reviews for city staff on the tree/urban forestry plan component of land
use applications.
E. Provide written comments and recommended conditions of approval for city staff on the tree/urban
forestry plan component of land use applications.
F. Perform compliance inspections of the tree/urban forestry plan component of land use permits during
the development process.
G. Provide written compliance inspection reports during the development process.
H. Provide evaluations, comments and written reports on tree permits outside the land use process.
1. Review of Development Code updates and internal procedures for consistency with Urban Forestry
Code regulations.
J. Other Arborist Services as needed.
13 1 i' c,
EXHIBIT B
CONSULTANT'S PROPOSAL
141Pa - c
Teragan &
Associates, Inc
uUw "1"!& 1. .. ., ,. 0 �, `11'�s"'�"�
Proposal to the City of Tigard:
On-call Arborist Services
Submitted by:
Todd Prager, Consulting Arborist
April 13, 2019
Teragan&Associates, Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com •Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Teragan & Associates, Inc.
Arboricultural Consultants
April 30, 2019
City of Tigard—Utility Billing Counter
Attn: Jamie Greenberg,Purchasing Specialist
13125 SW Hall Blvd.
Tigard, Oregon 97223
Re: City of Tigard Informal Request for Proposals (IRFP) for Arborist Services
Dear Ms. Greenberg,
Teragan&Associates, Inc. is pleased to submit this informal proposal in response to your
request for arborist services.
Within this proposal you will find the required submittal elements including:
Qualifications and Experience..................................................................................Page 02
Project Approach and Understanding.......................................................................Page 05
CostProposal............................................................................................................Page 10
References.................................................................................................................Page 11
Resumes....................................................................................................................Page 12
Do not hesitate to contact us if you have any questions about our proposal. We appreciate
your consideration of Teragan &Associates, Inc. to provide arborist services for the City of
Tigard.
Sincerely,
Todd Prager, Associate
AICP, American Planning Association
ISA Board Certified Master Arborist, WE-6723B
RCA #597
TRAQ
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Qualifications and Experience
Todd Prager, former City Arborist and current consulting arborist for the City of Tigard,will
serve as project manager and the primary point of contact for the City of Tigard Arborist
Services. Terry Flanagan,who has provided consulting arborist services for a variety of cities
including Lake Oswego,Milwaukee, Tigard, Portland, Gresham, Vancouver, Salem, Eugene,
Corvallis, Camas, Oregon City, Canby, Wilsonville,West Linn, Durham, Hong Kong, and
Singapore, will provide assistance and peer review to Todd on a project by project basis. A
description of our firm's qualifications and experience for each task in the scope of work is
provided in italics below. Additional information about our firm's qualifications and
experience is provided in our resumes beginning on page 12.
Task A. Conduct tree risk assessments using international Society of Arboriculture Standards
for trees on both private and public properties.
Both Todd and Terry have met the training and experience requirements to be designated as
"Tree Risk Assessment Qualified"(TRA Q) by the International Society of Arboriculture
(ISA). This qualification is required for arborists to conduct tree risk assessments using the
standards created by the ISA. In addition, Terry is a TRAQ Qualified Trainer and teaches
TRAQ courses worldwide making him a leading expert on tree risk assessment. Both Todd
and Terry have conducted numerous tree risk assessments on private and public properties
and are proficient at evaluating the levels of risk trees pose to people and property. Finally,
Todd is familiar with the City of Tigard tree risk assessment methodology in the Urban
Forestry Manual having drafted the standards and applied them to a number of tree
situations in Tigard.
Task B.Prepare written reports and recommendations for city staff on tree risk assessments
and abatement options.
Todd and Terry understand the importance ofproviding written reports and
recommendations on tree risk assessments and abatement options. Providing written reports
reduces the potential for misunderstandings on assessment results and creates documentation
that the City has met its duty of care in protecting public health and safety. Todd and Terry
have created numerous reports to document the results of their tree risk assessments
described in Task A above. Reports are formatted to provide clear and concise information
on tree risk ratings and abatement options that allow the layperson to make informed
decisions. Finally, Todd has provided a number of tree risk assessment and abatement
reports to City of Tigard staff using the standards in the Urban Forestry Manual.
Task C. Determine the replacement value of trees using The Guide for Plant Appraisal, 9th
Ed. when illegal tree removal occurs.
Todd and Terry are frequently called upon to determine the replacement value of trees using
The Guide for Plant Appraisal, Current Ed. Often, the reason for determining replacement
value is when illegal tree removal occurs and cities are required to levy fines against the
responsible party. The typical method for determining replacement value is the trunkformula
method which takes into account the species removed, the condition of tree, and its location
in the landscape. Todd and Terry have extensive experience providing written reports that
determine the replacement value of trees. Todd has done this for cities, including the Cities of
Teragan&Associates, Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Tigard and San Francisco, levying fines for illegal tree removal. Terry has determined the
replacement value of trees for both public and private entities, and is experienced in
testing in court proceedings regarding tree appraisal.
Task D. Perform written completeness reviews for city staff on the tree/urban forestry plan
component of land use applications.
Todd and Terry work extensively on the land use aspects of arboriculture and urban forestry.
They have provided completeness reviews and input for cities evaluating land use submittals
as well as private developers when meeting city requirements. Todd and Terry are
experienced in reading city codes, identifying relevant standards, and determining whether
code requirements are met. Todd has specific experience with the City of Tigard land use
code requirements having drafted the standards and applied them to several projects. In
providing written completeness reviews, we write out the applicable code standards and
provide a concise reason for whether the code requirement has been met. This allows for City
staff to easily evaluate the completeness of the tree/urban forestry plan components of land
use applications.
Task E. Provide written comments and recommended conditions of approval for city staff on
the tree/urban forestry plan component of land use applications.
As described for completeness reviews under Task D, Todd and Terry have extensive
experience on the land use aspects of arboriculture and urban forestry. In particular, they
understand the Oregon land use system and the framework it provides cities for reviewing,
conditioning, and approving land use applications. Again, Todd has specific experience with
the City of Tigard land use code requirements having drafted the standards and applied them
to several projects. He has also provided written comments and recommendations to city staff
on the tree/urban forestry plan component of land use applications, including when questions
of code interpretation arise.
Task F. Perform compliance inspections of the tree/urban forestry plan component of land
use permits during the development process.
Todd and Terry are frequently called upon to perform compliance inspections for both public
and private entities during the development process. In performing inspections, they utilize
the approved plans and evaluate whether the conditions in the field meet or exceed the plan.
Todd and Terry have specific experience performing compliance inspections both as a staff
member and private consultant for the City of Tigard tree/urban forestry plan component of
land use permits during the development process.
Task G.Provide written compliance inspection reports during the development process.
Again, Todd and Terry have specific experience in the City of Tigard performing compliance
inspections both as a staff member and private consultant during the development process.
When performing compliance inspections described in Task F above, Todd and Terry
typically provide the findings from their reports in writing. Depending on the scope and
results of the inspection, these reports can be brief summaries in table format or more
detailed with photos and other supporting evidence.
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Task H. Provide evaluations, comments and written reports on tree permits outside the land
use process.
In addition to evaluating, commenting, and providing written reports on land use permits,
Todd and Terry have specific experience completing these tasks on tree permits outside the
land use process both as a staff member and private consultant. Todd is familiar with the
City of Tigard tree code and Urban Forestry Manual requirements having drafted the
standards and applied them to a number of tree situations in Tigard.
Task I. Review of Development Code updates and internal procedures for consistency with
Urban Forestry Code regulations.
Todd and Terry have reviewed development code updates and city procedures for consistency
with urban forestry code regulations in several cities in the Portland metro region and
beyond. Todd is familiar with the City of Tigard of Development Code and procedures
having served as project manager and consultant for the code update and implementation of
procedures. He has also consulted on the six month review and update of the Urban Forestry
Code regulations and helped ensure consistency between various code sections during the
update. Having drafted and applied the Urban Forestry Code standards, Todd is capable of
quickly identifying potential issues when updating other code sections or internal procedures.
Task I Other Arborist Services as needed.
Due to their complimentary skill set, Todd and Terry are capable of providing a full range of
arborist services. They are available to provide additional arborist services not identified in
the tasks above.
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Project Approach and Understanding
This section includes a detailed description of the approach that Teregan & Associates will
take to accomplish each task identified in the scope of work. The most critical elements of
each task are identified along with the team members that will be performing each task.
Task A. Conduct tree risk assessments using International Society of Arboriculture Standards
for trees on both private and public properties.
Approach:Upon receiving a request to conduct a tree risk assessment, Teragan &Associates
will dispatch a TRAQ qualified arborist to conduct a Level 2 visual assessment of the tree
from the ground according to ISA standards. If an emergency situation is identified by the
arborist while on site,the arborist will immediately notify the City and take appropriate
action to limit the potential for people and/or property to be damaged. Teragan &Associates
will also provide their findings to the City is writing as further described below. If warranted
based on the opinion of the arborist and approved by the City, the arborist may conduct
an advanced Level 3 assessment to further evaluate the health, condition, and structural
stability of the tree. The tools and techniques for the advanced assessment may include
but not be limited to aerial inspection, decay testing using an increment borer, drilling
with a small diameter bit, resistance-recording drilling, and/or sonic tomography.
Critical Elements: Identifying the urgency of the tree risk assessment will be critical. If
necessary, Teragan&Associates can dispatch a TRAQ qualified arborist immediately upon
request. Otherwise,the assessment can be scheduled in a timely manner if there is not an
emergency. Also, it will be important to identify the format of the evaluation. Teragan &
Associates is capable of conducting tree risk assessments using both the qualitative format
developed by the ISA and the numerical ranking format developed by the City of Tigard in
the Urban Forestry Manual.
Team Members: Both Todd Prager and Terry Flanagan are designated as TRAQ qualified by
the ISA. Therefore, both are qualified to conduct tree risk assessments. In addition,Terry is a
TRAQ Qualified Trainer and teaches TRAQ courses worldwide making him a leading expert
on tree risk assessment. Todd will be the initial point of contact for tree risk assessments and
depending on his availability and specific tree issues in question,he will either conduct the
assessment himself or Terry will complete the assessment.
Task B. Prepare written reports and recommendations for city staff on tree risk assessments
and abatement options.
Approach: After completing the fieldwork for the assessment described in Task A, Teragan
&Associates will prepare written a report and recommendation on the tree risk assessment
and abatement options. The report will include information on any significant health,
condition, and/or structural issues, and options for addressing the issues. If using the
qualitative format developed by the ISA, the report will include the ISA risk rating and
risk mitigation options. If using the numerical ranking format developed by the City of
Teragan&Associates, Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard 1RFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Tigard,the numerical risk rating and abatement options will be provided in the format
specified in the Urban Forestry Manual. Finally, the time frame for the likelihood of failure
of the tree or tree part in the assessment will be specified. Teragan &Associates will be
available to discuss the findings of the report with the City to ensure there is a full
understanding of the report content.
Critical Elements: Identifying the format of the written report(ISA Qualitative or City of
Tigard Numerical)will be critical to ensure the deliverables are in a format that is most
useful to the City. Of equal importance is Teragan &Associates'availability to discuss the
findings of the report so the City has a full understanding of the content.
Team Members: As described in Task A,both Todd Prager and Terry Flanagan are qualified
to conduct tree risk assessments. The person writing the report will be the same as the person
who completed the field assessment. However, Todd&Terry will peer review one another's
work before finalizing the report and sending to the City.
Task C.Determine the replacement value of trees using The Guide for Plant Appraisal,
Current Ed. when illegal tree removal occurs.
Approach: Teragan&Associates will use The Guide for Plant Appraisal, Current Ed. when
determining the replacement value of illegally removed trees. The typical method for
determining replacement value is the trunk formula method which takes into account the
species removed, the condition of tree, and its location in the landscape. Teragan&
Associates will use these criteria to provide a written report to the City summarizing the
appraisal and attach the detailed calculations that were used to determine replacement value.
Critical Elements: The most critical element of this task is to provide the City with the
replacement value and methodology in writing. This helps to substantiate the basis for
determining the value and provides the City with documentation for record keeping purposes
and/or if there are disputes with the responsible party.
Team Members: Both Todd Prager and Terry Flanagan are experienced at determining the
replacement value of trees using The Guide for Plant Appraisal. Todd will be the initial point
of contact for determining replacement value and depending on his availability and specific
tree issues in question, he will either conduct the appraisal himself or Terry will complete the
appraisal. Todd&Terry will peer review one another's work before finalizing the report and
sending to the City.
Task D.Perform written completeness reviews for city staff on the tree/urban forestry plan
component of land use applications.
Approach: Prior to performing a completeness review, Teragan &Associates will work with
City staff to determine the applicable code standards to be reviewed. Teragan &Associates
will then write out the applicable code standards in table format and provide a concise reason
for whether the code requirement has been met. Teragan &Associates will be available to
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
discuss the findings of the completeness review with the City to ensure there is a full
understanding of the review.
Critical Elements: The most critical element of performing a completeness review is
identifying the applicable code standards. This allows for the City and consultant to focus on
the requirements for a complete application.
Team Members: Todd Prager will be the point of contact for this task due to his familiarity
with the City of Tigard Code.
Task E. Provide written comments and recommended conditions of approval for city staff on
the tree/urban forestry plan component of land use applications.
Approach: As with the approach for completeness reviews described under Task D, Teragan
& Associates will work with City staff to determine the applicable code standards for which
the City would like comments. Teragan&Associates will then write out the applicable code
standards and provide findings regarding whether each code requirement has been met. These
findings may be used by City staff when writing their staff reports. In addition, Teragan &
Associates will provide recommended conditions of approval if certain components of the
tree/urban forestry plan requirements are not met and/or if the conditions will serve to
implement the code. Finally, Teragan&Associates will be available to discuss the comments
and recommended conditions of approval with the City to ensure there is a full understanding
of the comments and recommendations.
Critical Elements: When providing comments and recommended conditions of approval, it is
critical that the comments and recommendations specifically address the code requirements.
Therefore, it is important for the City and consultant to identify the relevant code
requirements for a each land use application for which comments and recommendations are
requested.
Team Members: Todd Prager will be the point of contact for this task due to his familiarity
with the City of Tigard Code.
Task F.Perform compliance inspections of the tree/urban forestry plan component of land
use permits during the development process.
Approach:Upon receiving a request to perform a compliance inspection,Teragan&
Associates will conduct a site visit to determine compliance with the tree/urban forestry plan
component of the land use permit during the development process. When performing
inspections, the approved plans will be utilized to evaluate whether the conditions in the field
meet or exceed the plan. If an emergency such as active illegal tree removal is identified in
the field,the arborist will immediately notify the City and take appropriate action to limit the
potential for further violations. Teragan&Associates will also provide their inspection
results to the City in writing to create a record of the inspections.
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone. 503.697.1975 a Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30(2019
Jamie Greenberg,Purchasing Specialist
Critical Elements: It is critical that the compliance inspection be based off the approved plans
for the project. This is best way to determine compliance with the tree/urban forestry plan
component of land use permits during the development process. Teragan & Associates will
obtain copies of the approved plans prior to performing inspections.
Team Members: Both Todd Prager and Terry Flanagan are experienced in performing
compliance inspections during the development process. Todd will be the initial point of
contact for compliance inspections and depending on his availability, he will either conduct
the inspection himself or Terry will complete the inspection.
Task G.Provide written compliance inspection reports during the development process.
Approach: Following the compliance inspections described in Task F above, Teragan &
Associates will provide their inspection results to the City in writing to create a record of the
inspections. Options for the format of compliance inspection reports include a table which
provides information in an organized format and allows the City to quickly track compliance
issues and resolution dates from week to week. Alternatively, a more detailed report format
with photos and narrative text could be used when reporting on specific issues such as tree
damage or removal that may lead to enforcement action. Teragan &Associates will
coordinate on the specific report format with the City prior to the inspection and will provide
written inspection results within one week of the site visit.
Critical Elements: It will be critical for the City and consultant to coordinate on the desired
inspection report format and key information prior to the site visit. This will help to ensure
the consultant is collecting and reporting the information in a format that will be most useful
for the City's purposes.
Team Members: As described in Task F,both Todd Prager and Terry Flanagan are
experienced in providing written compliance inspections during the development process.
The person writing the compliance inspection report will be the same as the person who
completed the site inspection in Task F.
Task H.Provide evaluations, comments and written reports on tree permits outside the land
use process.
Approach: When called upon to provide evaluations, comments, and written reports on tree
permits outside the land use process, Teragan &Associates will first request the tree permit
application materials for review. The application materials will describe the tree, its location,
and the reasons for removal. After conferring with City staff regarding the City's need for
information, Teragan & Associates will then typically perform a site visit to determine
whether they concur with the information in the application materials. Finally, Teragan&
Associates will provide comments and written reports on the tree permit in terms of whether
the code and Urban Forestry Manual requirements are met, and any other information
requested by City staff.
Teragan&Associates, Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purcbasing Specialist
Critical Elements: The most critical element for this task is conferring with City staff
regarding the City need for information on the tree permit. Typically City staff will request
information when input on items such as tree risk or health are needed and cannot be
determined by internal staff. Identifying the City's need prior to a site visit will help ensure
the evaluation and subsequent comments and reports meet the City's needs.
Team Members: Both Todd Prager and Terry Flanagan are experienced in providing
evaluations, comments, and written reports on tree permits outside the land use process. Todd
will be the initial point of contact for this task and depending on his availability,he will
either conduct the task himself or Terry will complete the task.
Task I.Review of Development Code updates and internal procedures for consistency with
Urban Forestry Code regulations.
Approach: When the Development Code and internal procedures are updated, Teragan&
Associates will request a copy of the updates and evaluate them for consistency with existing
Urban Forestry Code regulations. Todd Prager with Teragan&Associates will be the
primary point of contact for this task since he served as project manager and consultant for
the Urban Forestry Code update and implementation of procedures and thus has extensive
knowledge of how the Urban Forestry Code ties into the overall Development Code. Todd
will provide his comments to the City in writing and identify any conflicts with the Urban
Forestry Code.
Critical Elements: The most critical element for this task is for the consultant to receive a
track changes version of the updated code or procedures. This will help to clearly identify the
aspects of the code or procedure that have changed so it can be evaluated for consistency
with the Urban Forestry Code.
Team Members: Todd Prager will be the point of contact for this task due to his familiarity
with the City of Tigard Code.
Task J. Other Arborist Services as needed.
Approach: Teragan &Associates is capable of providing a full range of arborist services not
identified in the tasks above. Upon request, Teragan &Associates will be available to
perform other arborist services as needed.
Critical Elements: Communication of the scope of these additional arborist services will
allow Teragan &Associates to provide the services as needed.
Team Members: Both Todd Prager and Terry Flanagan are capable of providing a full range
of arborist services. Todd will be the initial point of contact and depending on his
availability,he will either complete the services himself or Terry will complete the services.
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
Cost Proposal
The hourly rate for Teragan &Associates' staff members is provided below:
Todd Prager- $120.00/hour
Terry Flanagan- $120.00/hour
Miscellaneous expenses such as printing and copies will be charged at cost. Mileage will be
charged at the current IRS rate.
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan_com•Website:teragan.com
City of Tigard IRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
References
Three professional references are provided below:
References for Todd Prager:
Gary Pagenstecher, Planner
City of Tigard, Community Development Department
13125 SW Hall Blvd.
Tigard, OR 97223
503-718-2434
Ga@@tigard-or.gov
Ken Ross, Code Compliance
City of Tigard, Community Development Department
13125 SW Hall Blvd.
Tigard, OR 97223
503-718-2581
KenRo@tigard-or.gov
Reference for Terry, Flanagan:
Kathy Majidi,Natural Resources Program Coordinator
City of Gresham
Gresham City Hall, 2nd Floor
1333 NW Eastman Parkway
Gresham, OR 97030
503-618-2488
Kathy.Majidi@GreshamOregon.gov
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard[RFP for Arborist Services 4(30/2019
Jamie Greenberg,Purchasing Specialist
Todd Prager
ISA Certified Arborist#WE-6723A
Pacific Northwest Chapter of the ISA Certified Tree Risk Assessor# 0420
Education M.S.Horticulture,UC Davis June 2007
B.S.Environmental Horticulture and Urban Forestry,UC Davis June 2001
A.S. Forestry,Bakersfield College June 1998
Select Certifications American Institute of Certified Planners,ISA Board Certified Master
Arborist#WE-6723B,RCA#597,TRAQ
Recent Career History Teragan&Associates',Lake Oswego,OR 2012-Present
Arboricultural Consulting Associate
• Consulting arborist for municipalities.Activities include conducting tree risk
assessments and recommending abatement options;determining the
replacement value of illegally removed trees;performing completeness reviews,
recommending conditions of approval,and conducting compliance inspections
for the tree component of land use projects;providing analysis,comments and
written reports on tree removal permits;preparing reports,comments,and
revisions to development codes,municipal codes,and urban forestry technical
manuals.
• Consulting arborist for developers.Activities include preparing tree
inventories,preservation plans,and mitigation options for development
projects as required by local Iand use requirements.
The City of Tigard,Tigard,OR 2007-2012
City Arborist/Planner
• Served as project manager for the City's Urban Forestry Code Revisions2 and
Urban Forestry Master Plan projects.
• Ensured public and private development projects adequately protected existing
trees,and created new landscapes that provided increased tree canopy in
compliance with City procedures,practices,and policies.
• Conducted hazard tree evaluations and recommended abatement options in
accordance with arboricultural practices and standards to protect public safety.
• Performed appraisals of trees removed for public and private development
projects in accordance with arboricultural practices and standards.
The City of San Francisco,San Francisco,CA 2002-2006
Urban Forestry Inspector,Nursery Specialist,Horticulturist
• Evaluated conditions of the urban forest and prescribed management activities
for City staff in accordance with arboricultural practices and standards.
• Coordinated with developers and property owners on the preservation,
removal,and installation of trees and landscaping to ensure compliance with
City standards.
• Utilized IPM techniques including use of organic pesticides,predatory insects,
and physical/mechanical controls while evaluating their effectiveness and
protecting public health and safety.
• Coordinated the planning,design,implementation,and maintenance of
landscape improvements at the National AIDS Memorial Grove (NANIG).
Todd Prager&Associates merged with Teragan&Associates in 2014
2 Received 2013 Oregon Planning Association Award for Professional Achievement in Planning and 2014 American Planning Association
Award for Best Practices in Planning
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Website:teragan.com
City of Tigard tRFP for Arborist Services 4/30/2019
Jamie Greenberg,Purchasing Specialist
TERRENCE P. FLANAGAN
Board Certified Master Arborist#PN-0120BMTL
TRAQ
Member, American Society of Consulting Arborists
Educational Background
Bachelor of Science—Natural Resource Management,Colorado State University, 1981
Associate of Arts—Massachusetts Bay Community College, 1978
Consulting Practice
Practicing consultant since 1985
Board Certified Master Arborist since 2004(#PN-0120BMTL)
Certified Tree Risk Assessor since 2006(#0152)
TRACE Instructor since 2007
Qualified Tree Risk Assessor since 2013
Qualified Tree Risk Assessor Instructor Mentor since 2013
Certified Arborist since 1990(#PN-0120A)
Certified Tree Worker since 2001 (#PN-0120AT)
Certified Aerial Lift Specialist since 2010
Certified Municipal Specialist since 2004(#PN-0120AM)
Member of American Society of Consulting Arborists since 1997
Member of the International Society of Arboriculture since 1983
Recent Work Experience
Teragan&Associates,Inc. Arboricultural Consultant 2000 to present—Consultant providing arboricultural
3145 Westview Circle information to guide development and management of trees,shrubs and other
Lake Oswego,OR 97034 horticultural plants on commercial,municipal and residential property. Services
(503)697-1975 provided include On-call Municipal Arborist Services,Urban and Community
President Forestry Program Development,Tree Risk Assessments,Tree and Shrub
Appraisal,Expert Witness Testimony,Tree Preservation Strategies on
Development Sites,Tree Surveys,Tree Protection Plans,Tree and Shrub Care and
Management,Pruning and Tree Climbing Instruction,and Arboricultural
Instruction.
Pacific Northwest Chapter Regional Educational Coordinator 2007 to present—Responsible for organizing
Regional Educational Coordinator regional educational seminars for arborist professional development in the greater
Portland and Southwest region.
TRAQ Instructor Instructor and instructor mentor for TRAQ program(Tree Risk Assessment
International Society of Arboriculture Qualification)teaching the course around the world.
Champaign,IL
(217)355-9411
Clackamas Community College Horticulture Instructor 1998 to 2011 —Part time instructor for Horticulture
Horticulture Department courses. Courses taught include Introduction to Arboriculture,Pruning,Tree
19600 South Molalla Avenue Climbing,Landscape Installation and Chainsaw Use and Maintenance. Classes
Oregon City,Oregon 97045 consist of lecture,practicum and field trips. Hands on instructions are a major
(503)657-6958 x 2389 focus that enables students to practice what is learned in class.
Supervisor:Elizabeth Howley
Teragan&Associates,Inc.
3145 Westview Circle•Lake Oswego, OR 97034
Phone:503.697.1975•Fax:503.697.1976
Email:terry@teragan.com•Wehsite:teragan.com