The F.A. Bartlett Tree Expert Company ~ C180058 e
City of Tigard
June 29, 2020
The F.A. Bartlett Tree Expert Co
Attn: Russell Clark
9744 SW Tigard St
Tigard OR 97223
REF.: General Tree Care and Certified Arborist Services
Period:July 1,2020 through June 30, 2021
CONTRACT NOTICE OF AWARD — RENEWAL
Contract# C180058
Dear Russell Clark,
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its second (2)
one-year extension to the Contract effective from July 1, 2020 through June 30, 2021. This
renewal period shall be governed by the specifications, pricing, and the terms and conditions set
forth per the above referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with The F.A. Bartlett Tree Expert Co.
Sincerely,
Jamie Greenberg
Purchasing Specialist
503-718-2492
jamie@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms,and conditions as set forth in the above ref e ced Contract.
Company: r �h L .j .rQ�`z C �Signed:Q
Date: i . 79 T. Printed: , ,� S�uL K
CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM
THIS FORMMusTACCOMPANYEvERY CONTRACT
Contract Title: General Tree Care and Certified Arborist Services Number:
Contractor: The F.A. Bartlett Tree Expert Company Contract Total: 60K Annually
Contract Overview: General tree care and certified arborist services
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ❑ Low
Risk Reduction Steps:
Risk Comments:
Risk Signature:
Contract Manager: Greg Stout Ext: 2817 Department: PW
Type: ❑ Personal Svc ❑ Professional Svc ❑ Architectural Agr ❑ Public Imp ® General Svc
❑ Engineering Svc ❑ Other: Start Date: 6/13/18 End Date: 6/30/19
Quotes/Bids/Proposal: FIRM AMOUNT/ ORF
The F.A. Bartlett Tree Expert Company 95/100
Integrity Tree Care Incomplete
Morgan Holen Partial
Account String: Fund-Division-Account Work Order—Activity Type Arnoun
FY 270.6150.54001 $60,000.00
FY
FY
FY
FY
Approvals - LCRB Date: 6/12/2018
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comment
City Manager Signature:
After securing all required approvals, forward original copy to the Contracting and Purchasing Office along with a
completed Contract Checklist.
Contracts # i LS�
ATTACHMENT C
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
GENERAL TREE CARE AND CERTIFIED ARBORIST SERVICES
THIS AGREEMENT made and entered into this 13`h day of June,2018 by and between the City of
Tigard,a municipal corporation of the State of Oregon,hereinafter called City,and The F.A. Bartlett
Tree Expert Company, hereinafter called Contractor.
RECITALS
WHEREAS, the City's 2017-2018 fiscal year budget provides for general tree care and certified
arborist services; and
WHEREAS,City has need for the services of a company with a particular training,ability,knowledge,
and experience possessed by Contractor,and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERViCES'I O BE PROVIDED
Contractor shall initiate services immediately upon receipt of City's notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A and by this reference made a part hereof. Any and all work assigned by the City
will be contained in subsequent scope of work as needed
2. EFECTIVE JDATE Al tt3 DII tA,'I'IC?N
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended,on June 30, 2019. All work under this Agreement shall be
completed prior to the expiration of this Agreement. The Parties may mutually agree to renew
for up to four (4) additional one-year periods. The total term of the contract cannot exceed
five (5) years.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A
for performance of those services described herein and in any subsequent agreements that
arise from the work under this Agreement. The total amount paid to the Contractor by the
City is estimated at Sixty Thousand and No/100 Dollars ($60,000.00) annually. Any and all
payments made to the Contractor shall be based upon the following applicable terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor,with the exception of expenses, if any identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor's invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly.
Payment shall be made only for work actually completed as of the date of invoice.
C. 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.
D. Contractor shall make payments promptly, as due, to all persons supplying labor or
materials for the prosecution of this work.
E. 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.
F. Contractor shall pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. 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's Finance Director 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.
H. Contractor 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.
I. Contractor 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 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.
J. The City certifies that sufficient funds are available and authorized for expenditure to
finance costs of this contract during the current fiscal year. Funding during future fiscal
years shall be subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODiJGT
City shall be the owner of and shall be entitled to possession of any and all work products of
Contractor which result from this Agreement, including any computations, plans,
correspondence or pertinent data and information gathered by or computed by Contractor
prior to termination of this Agreement by Contractor or upon completion of the work
pursuant to this Agreement.
5, SSIGNMEN K/12 F.'Lk:GA'I'ION
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
2018 PSA—General Tree Care and Arborist Services 2 1 P a :' c
whatsoever unless and until the other party has so consented. If City agrees to assignment of
tasks to a subcontract, Contractor 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. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is
and shall be deemed to be an independent Contractot'as defined by ORS 670.600 and not
an employee of City,shall not be entitled to benefits of any kind to which an employee of
City is entitled and shall be solely responsible for all payments and taxes required by law.
Furthermore,in the event that Contractor is found by a court of law or any administrative
agency to be an employee of City for any purpose, City shall be entitled to offset
compensation due,or to demand repayment of any amounts paid to Contractor under the
terms of this Agreement, to the full extent of any benefits or other remuneration
Contractor 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 Contractor or to a third party) as
a result of said finding.
B. The undersigned Contractor 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 Contractor, either directly or indirectly, in
connection with the letting or performance of this Agreement, except as specifically
declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is
not currently employed by the Federal Government and the amount charged does not
exceed his or her normal charge for the type of service provided.
Contractor 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.
C. Contractor shall obtain,prior to the execution of any performance under this Agreement,
a City of Tigard Business License, The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
D. Contractor is not an officer,employee,or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
2018 PSA—General Tree Care and Arborist Services 3 1 1' a g c
as the requirements of applicable federal, state and local laws, it being understood that
acceptance of a Contractor's work by City shall not operate as a waiver or release.
Contractor agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments or other costs or expenses including attorney's fees and witness
costs (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) that may be asserted by any person
or entity which in any way arise from, during or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification shall also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemuiity 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.
8. LN—SURANCE
Contractor and its subcontractors shall maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance shall cover risks arising directly
or indirectly out of Contractor's activities or work hereunder,including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor shall provide at least the
following limits and coverages:
A. ComM;crc1al Gcncral [iia W{,Y Insurance
Contractor shall obtain,at Contractor's expense,and keep in effect during the tern 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 Lima
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. C rumerr!da Automohile hisurgugg
Contractor shall also obtain, at Contractor's expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an "occurrence" fon-n. The Combined Single
Limit per occurrence shall not be less than$2,000,000,
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor shall obtain,at Contractor's expense,and keep in effect during the tern of the
2018 PSA—General Tree Care and Arborist Services 4 1 1' u r
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.
C. Workers' C9MVsailgn Itrsurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law shall comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perforin work without the assistance or labor of any employee
need not obtain workers' compensation coverage. All non-exempt employers shall
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All policies aforementioned, other than Workers' Compensation and Professional
Liability, shall include the City its officers, employees, agents and representatives as
additional insureds with respect to this contract.
E. Insurance Carrier Ruing
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of"A-VII"or better,or equivalent. The City reserves the right
to reject all or any insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Contractors may self-insure for business risks and the
City will consider whether such self-insurance is acceptable if it meets the minimum
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.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall
furnish a Certificate of Insurance to the City. No contract shall be effective until the
required Certificates of Insurance have been received and approved by the City. The
certificate will specify and document all provisions within this contract and include a copy
of Additional Insured Endorsement. A renewal certificate will be sent to the below
address prior to coverage expiration.
2018 PSA—General Tree Care and Arborist Services 5 1 1' ;I C
II. Incl Deadgnt Cns tractoir SWM8
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.
I. ring QYV1.VAVC-Clarilic-ACQ1s
The parties agree that Contractor's coverage shall be primary to the extent permitted by
law. The parties further agree that other insurance maintained by the City is excess and
not contributory insurance with the insurance required in this section.
J. Cros§Li.ihilily Clage
A cross-liability clause or separation of insureds clause will be included in all general
liability,professional liability,pollution and errors and omissions policies required by this
contract.
A certificate in form satisfactory to the City certifying to the issuance of such insurance will
be forwarded to:
City of Tigard
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 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.
9, METHOD�4 PIACF.QF SUBMIDINGNOTIC11 HILLS, ILS
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:
Gio y.of TwAttu THs F.A.BART TRm-ExPERT Co.
Attn: Greg Stout,Environ Prog Coord Attn: Russell Clark
Address: 13125 SW Hall Boulevard Address: 9744 SW Tigard Street
Tigard,Oregon 97223 Tigard, Oregon 97223
Phone: (503) 718-2817 Phone: (503) 722-7267
Email: gregs arch-rsr. o �— Email: relarkri`.•bartierr. c.,
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
2018 PSA—General Tree Care and Arborist Services 6 1 1' ;i c
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.
10. MERGER
This writing is intended both as a final expression of the Agreement between the parries 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.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the
City by a Contractor that does not represent clients on matters contrary to City interests.
Further, Contractor shall not engage services of an attorney and/or other professional who
individually,or through members of his/her same firm,represents clients on matters contrary
to City interests.
Should the Contractor represent clients on matters contrary to City interests or engage the
services on an attorney and/or other professional who individually, or through members of
his/her same firm, represents clients on matters contrary to City interests, Contractor shall
consult with the appropriate City representative regarding the conflict.
After such consultation, the Contractor shall have seven (7) days to eliminate the conflict to
the satisfaction of the City. If such conflict is not eliminated within the specified time period,
the agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. 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 Contractor. If City terminates the contract pursuant to this
paragraph,it shall pay Contractor for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
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 Contractor,its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied,revoked,or not renewed.
4) If Contractor becomes insolvent,if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor,if a receiver or trustee is appointed for Contractor,or if
there is an assignment for the benefit of creditors of Contractor.
2018 PSA—General Tree Care and Arborist Services 7 1 1' a i; r
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 Contractor, may
terminate the whole or any part of this Agreement;
1) If Contractor fails to provide services called for by this agreement within the time
specified herein or any extension thereof,or
2) If Contractor 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 (10) days or such other period as City may authorize.
3) If Contractor fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including
breach of contract) by Contractor 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), Contractor 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 Contractor 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
Contractor. 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.
14. 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.
15. — RQ?MATE URE,
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, 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 (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.
2018 PSA—General Tree Care and Arborist Services 8 1 P :t c
16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor 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.
17. NON-DISCRIMINATION
Contractor agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules, and regulations. Contractor also shall comply with the
Americans with Disabilities Act of 1990,ORS 659A.142,and all regulations and administrative
rules established pursuant to those laws.
18. ERRORS
Contractor 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.
19. EXTRA(CHAIy`G1355)WORD
Only the City's Project Manager for this Agreement may authorize extra (and/or change)
work. Failure of Contractor 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 Contractor thereafter shall be entitled to no compensation whatsoever for the
performance of such work.
20. WARRANTIES
All work shall be guaranteed by Contractor for a period of one year after the date of final
acceptance of the work by the owner. Contractor warrants that all practices and procedures,
workmanship and materials shall be the best available unless otherwise specified in the
profession. Neither acceptance of the work nor payment therefore shall relieve Contractor
from liability under warranties contained in or implied by this Agreement.
21, 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 attorney's fees and court costs on appeal.
22. 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.
23. COML111ANCE WITH WrATE.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 Chapters 279A,279B and 279C,
the provisions of which are hereby made a part of this agreement.
2018 PSA—General Tree Care and Arborist Services 9 1 P a j c
24. IME-RGOVERNMENTAL CO{ U .TIVE PURCHASING
Contractor 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
Contractor for its requirements.
25. CaTLf BTi'!I; T TF9kM
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument in the proposal of the contract, this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said
proposal conflicting herewith.
26. AU121T
Contractor 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. Contractor 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.
27. 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.
28. !CQNDITIONS OIC St,I , `ING A PL'I#LC AGENCY
Where applicable,seller must snake payment promptly as due to persons supplying Contractor
labor or materials for the execution of the work provided by this order. Contractor shall not
permit any lien or claim to be filed or prosecuted against Buyer or any subdivision of City on
account of any labor or material to be furnished. Contractor further agrees to pay to the
Department of Revenue all sums withheld from employees pursuant to ORS 316.167.
29. PIOUItS OF I U0R
If labor is performed under this order, then no person shall be employed for more than eight
(8) hours in any one day, or forty (40) hours in any one week, except in cases of necessity, or
emergency or where the public policy absolutely requires it,and in such cases,except cases of
contracts for personal services as defined in ORS 279A.055, the labor shall be paid at least
time and a half for all overtime in excess of eight (8) hours a day and for all work performed
on Saturday and on any legal holidays as specified in ORS 279C.540. In cases of contracts for
personal services as defined in ORS 279A.055,any labor shall be paid at least time and a half
for all hours worked in excess of forty(40)hours in any one week,except for those individuals
excluded under ORS 653.010 to 653.260 or under 29 USC SS 201-209.
30. MEDMAL L�AND WORKE15'COMPENSATION
Contractor 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 such Contractor,of all stuns which
2018 PSA—General Tree Care and Arborist Services 10 1 I' :i c
the Contractor agrees to pay for such services and all moneys and sums which the Contractor
collected or deducted from the wages of the employees pursuant to any law, Contractor
agreement for the purpose of providing or paying for such service.
31. 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. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by
its terms and conditions.
IN WITNESS WHEREOF, City has caused tlus Agreement to be executed by its duly authorized
undersigned officer and Contractor has executed this Agreement on the date hereinabove first written.
Awarded by Tigard's Local Contract Review Board at their June 12,2018 business meeting.
CITY OF TIGARD The F.A. Bortletl Tree Expert Company
By: Marty NMine, City Manager r By: Authorized Agent of Contractor Matthew Far-in,
Vice President
- q �vC
( -6/1912018
Date Date
2018 PSA—General Tree Care and Arborist Services 11 I I' :1p,e
EXHIBIT A
SCOPE OF SERVICES AND FEE SCHEDULE
These specifications are for arborist duties, tree pruning, tree removal and stump grinding services
on City property and public right-a-way on an"as needed" basis. The City's Project Manager shall
dispatch work by telephone. The Contractor is required to begin each job promptly in accordance
with the following:
+ Tree pruning shall begin no longer than two working days after it was dispatched (unless
otherwise permitted by the City's Project Manager).
• Tree removal shall begin no longer than two working days after it was dispatched (unless
otherwise permitted by the City's Project Manager).
• Stump grinding shall begin no longer than five working days after it has been dispatched
(unless otherwise permitted by the City's Project Manager).
• Certified Arborist Tree evaluation and reports shall begin no longer than two working days
after it was dispatched (unless otherwise permitted by the City's Project Manager).
• Once the Contractor commences work at a site,it shall be completed in a timely manner- no
more than three working days.
• In case of an emergency, Contractor will begin work in not more than five (5) hours after
contact by the City.
DETAILED .SPECIFICATIONS
Work shall include,but shall not be limited to the following:
1. Work Standards
All work described shall be performed according to the American National standard for Tree
Care Operations -Pruning,Trimming,Repairing,Maintaining, and Removing Trees,and Cutting
Brush-Safety Requirements (ANSI Z133.1-2006),and the American National Standard for Tree
Care Operations -Tree, Shrub and Other Woody Plant Maintenance-Standard Practices (Most
current version of ANSI A300). These standards are made part of this contract by reference.
Work shall also be done in accordance with The Tigard Tree Manual-Resolution No. 02-69 and
Tigard Municipal Code.
a. Tree Removal
Contractor shall be required to remove trees in accordance with all safety standards and
regulations listed herein and with the following minimum requirements:
1) Contractor shall begin each job promptly;no longer than two work days after it is
dispatched by the City (unless otherwise permitted by the Project Manager).
2) Extreme care shall be taken to prevent limbs,branches,and trunks from falling and
creating damage to adjacent homes, driveways, streets, sidewalks,landscaping and other
property.
3) Branches that are larger than 6 inches in diameter at one end shall be lowered to the
ground through the use of ropes or other mechanical devices.They shall not be dropped
or allowed to fall.
4) Stumps shall not be left higher than 6 inches above ground level (unless otherwise
permitted by the Project Manager).
2018 PSA—General Tree Care and Arborist Services 12 1 I'a g c.
5) Contractor shall clean up all wood, sawdust and debris each day before the work crew
leaves a site,unless permission is given by the City to do otherwise. All lawn areas shall
be raked,all streets and sidewalks swept,and all brush, branches and logs shall be
removed from the site. In the case of dispute, the City may remove the wood and debris
and charge the cost to the successful contractor, as the City shall determine to be just.
6) All wood products removed under this contract shall become the property of the
successful contractor and be disposed of by him/her.
7) Contractor shall restore any damaged turf areas and repair any other damage caused by
the tree removal operation.
8) Once the Contractor connnences work at a site,it shall be completed in a timely manner;
no more than two work days unless permission is given by the City to extend the
completion time.
b. XgS j:stump Removal
Contractor shall remove tree stumps in accordance with all safety standards and regulations
listed herein and with the following minimum requirements:
1) Contractor shall begin each job promptly;no longer than five work days after it is
dispatched by the City.
2) Stumps and bracing roots shall be ground to at least 18 inches below grade.
Additionally, the Contractor shall remove root flares and surface roots up to three feet
from the stump to eliminate"humps"in the lawn area adjacent to the stump. These
roots shall be ground down 4 inches below the ground line. The area then shall be
restored with topsoil to the level of the adjoining grade. Grade shall be defined as the
level of surrounding ground not lifted by tree roots.
3) Stumps to be removed shall be designated by the City's Project Manager or
representative.
4) Within twenty-four hours after grinding(removal) of a tree stump and buttress roots, the
successful contractor shall remove all stump grindings and associated debris from the
site. Grinding debris generated by work described in this contract will be the
responsibility of the successful contractor. Contractor shall remove and dispose of all
chips, sawdust and associated debris unless otherwise directed by the City's Project
Manager. Stumps,grindings and debris shall be placed away from the curb and gutter,
street, sidewalk and private property immediately to eliminate hazards to the motoring
public and pedestrians and to eliminate damage to private property.
5) All areas where stumps have been removed and areas disturbed by the removal
operations shall be back filled to the level of adjoining grade with pulverized topsoil the
same day grindings are removed. Otherwise, the site shall be properly barricaded
overnight to ensure the safety of the public. All holes must be filled with topsoil by the
second day. Contractor must supply the topsoil. The topsoil shall be properly leveled
and compacted so as to ensure a minimum amount of settlement of the backfill material.
If there is more than a one-day delay between the time of removal of grindings and
refilling with soil,the disturbed areas shall be barricaded off for public safety and the
Project Manager notified. Stump grindings and debris shall not be used as backfill
material unless directed by the City's Project Manager.
6) Contractor shall clean up all-wood, sawdust and debris each day before the work crew
leaves a site,unless permission is given by the City to do otherwise. All lawn areas shall
be raked, all streets and sidewalks swept,and all wood debris shall be removed from the
2018 PSA—General Tree Care and Arborist Services 13 1 P a c
site. In the case of dispute, the City of Tigard may remove the debris and charge the cost
to the successful contractor,as the City shall determine to be just.
7) Once the Contractor commences work at a site,it shall be completed in a timely manner;
no more than two work days (unless otherwise permitted by the City's Project Manager).
2. S_afety Standards
ar
a. Contractor shall,at all tithes, exercise adequate precautions for the safety of all persons,
including employees,in the performance of the subsequent agreement. Successful
contractor shall abide by all City,State and Federal safety regulations and guidelines.
b. Personal protective�clui��nct
1) Workers engaged in tree operations shall wear head protection that complies with the
provisions of ANSI Z89.1
2) Eye and face protection when required shall comply with applicable provisions of ANSI
787.1.
c. Inadequate or improperly trained personnel, or employees in training, shall not be utilized
for work on stumps beyond such person's known capacity or ability to perform properly or
safely unless under the direct supervision of a qualified operator.
d. Contractor shall be solely responsible for pedestrian and vehicular safety and control within
the work site and shall provide the necessary warning devices,barricades, and ground
personnel needed to give safety,protection, and warnings to persons and vehicular traffic
within the area. Traffic control,including signage, flaggers, etc. is the responsibility of the
contractor and shall conform to ANSI Z133.1-2006. 4.4 and all applicable federal,State,and
local regulations.
e. The City's Project Manager may require additional safety precautions where particular
dangers can be anticipated. Contractor shall comply with all such requests.
f. The City's Project Manager may advise the successful contractor and the Safety Officer of
any safety violations. It is the Contractor's responsibility to make the necessary corrections.
Failure to correct safety violations shall be grounds for an order from the City's Code
Enforcement Office or Project Manager to cease further work and remove from the job site
until the condition is corrected. Time and wages lost due to such safety shutdowns shall be
at the sole cost of the Contractor and shall not relieve the successful contractor of the
obligation to complete the work on time.
g. Any of the above actions by employees of the City shall in.no way relieve the Contractor of
their responsibility to provide for the safety of all persons,including their employees.
h. Whenever electric or telephone lines,gas lines,water lines,or any other improvements,
public or private,may be jeopardized by any authorized tree activity, the proper authorities
of the utilities involved, or property owner involved,shall be consulted prior to performing
any work activity. All requested reasonable precautions by any such authority or persons
shall be complied with. It is the Contractor's responsibility to determine the location of
public or private utilities or improvements.
2018 PSA—General Tree Care and Arborist Services 14 1 1' a ,r c
L All overhead and underground electrical conductors and all communication wires and cables
shall be considered to be energized with potentially fatal voltages. Only a qualified line
clearance tree trimmer or qualified line-clearance tree trimmer trainee shall be assigned to the
work if it is found that an electrical hazard exists. A trainee shall be under the direct
supervision of a qualified line-clearance tree trimmer.All work shall conform at the
provisions and directives of the following portions of ANSI Z133.1-2006: 5.1 -General and
5.2-Working in proximity to electrical hazards.
3. Protection oLPr��
a. Contractor shall protect from damage all utilities,improvements,buildings,vehicles and all
other property that is likely to become displaced or damaged by the execution of the work
under any subsequent contract. Any special equipment or devices needed to protect
persons,property,landscaping or utilities shall be the responsibility of the Contractor,and
the costs of such protection shall be included in the bid. The City will not pay any additional
costs for special protective actions, equipment or devices not included in any subsequent
contract.
b. The Contractor shall notify all other affected governmental agencies and utilities whenever
underground work is done under the terms of this Contract. The Contractor is required to
obtain permission of the appropriate public and private utilities and governmental agencies
before performing underground work pursuant to the terms of any subsequent contract.
The Contractor shall be required to contact the Metropolitan Utilities Council—One Call, 1-
800-332-2344,prior to all projects requiring excavation.
e. The Contractor shall be responsible for all property,utilities and pavement damaged by their
operations as shall be determined by the City's Project Manager administering the contract.
The Contractor shall be responsible for the costs of repairing all damage to property,utilities
and pavement caused by their operations to the satisfaction of the property owner or the
governmental body having jurisdiction over the road or utility.
4. Work Hours
Work for these services shall be scheduled Monday through Friday,between the hours of 8:00
am and 4:00 pm. In instances of an emergency or work that cannot be scheduled during regular
business hours the Contractor may be requested to perform work on evenings,weekends or
holidays.
5. Observanm of Lau-s. Ordinances and Re"d lations.
Contractor shall be required to obtain the requisite permits from the City to do the work at each
job site.
The Contractor at all times during the term of this contract shall observe and abide by all
Federal, State and City laws which in any way affect the conduct of the work. The Contractor
shall abide fully with any and all applicable State and Federal statutes,rules and regulations as
they relate to hiring,wages, and any other applicable conditions of employment.
In the event that the work is not performed in accordance with this provision and in accordance
with the laws of the State of Oregon,then this Contract may be terminated by the City of Tigard
2018 PSA—General Tree Care and Arborist Services 15 1 1' ;i g c
for the reason that the same is not performed in accordance with the public policy of the State
of Oregon as defined in said statutes.
6. RAnds/Lice ricalPt:rynita
Contractor shall procure and pay for all permits and licenses necessary for work under any
subsequent contract including those permits required by the City. In the event a necessary
permit is not obtained, the Contractor shall not be permitted to work on items subject to said
permit and any delays caused thereby shall not be subject to extra compensation or extensions,.
a. The Contractor shall have a valid City of Tigard Business Tax or Metro License.
b. The Stump Grinding Contractor shall have a State Contractor's License.
7. UnderMund Exo_vation
It is the Contractor's responsibility to fully comply with the Oregon Utility Notification Center
(1-800-332-2344) guidelines for locating utilities prior to any excavations. The Contractor may
pursue the party responsible for not properly marking or identifying the underground facility.
The Contractor agrees not to file any claim or legal action against the City(division responsible
for any subsequent contract) for said "changed or differing" conditions unless said City division
is solely responsible for the delay or damages that the successful contractor may have incurred.
8. Deductions far. tla,c =Is Wark
If the City deems it expedient to correct work not done in accordance with the terms of any
subsequent contract,an equitable deduction from future payments under the contract shall be
made.
FEE STRUCTURE
Cost is based on a "per man hour" structure and this includes the equipment,labor,overhead,and
disposal fees. Every production crew has one or more Certified Arborists,on site producing the
defined scope of work. The typical crew includes,but is not limited to, two or three men, a covered
chip truck and chipper.
Normal hours of dispatch are between the hours of 7AM and 5PM, five days a week. Contractor
will be available after hours and on weekends. In the ability of a catastrophic event,Contractor will
have access to more crews and support from other offices.
LABOR AND EQUIPMENT COST UNIT
—
Crew Member (Certified Per Man Hour
This includes all needed assets,
Arborist,Certified Tree $96.00 i.e. trucks,chippers,aerial lift,
Worker,Laborer)
log truck wood handler,etc.
Per Man Hour
This includes all needed assets,
Stump Grinder $112.00 trucks,grinder,and labor to
haul rindin s, etc.
Tree Assessments or Reports $175 Per Hour
2018 PSA—General Tree Care and Arborist Services 16