Tree Care & Landscape Unlimited M;rx
' TIGARD
CITY OF TIGARD,OREGON
Arborist—3.0 MG 560-Foot Service Zone Reservoir No. 2
PERSONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 3rd of October, 2007, by and between the CITY OF TIGARD,
a municipal corporation of the State of Oregon, hereinafter called City, and Tree Care & Landscapes Unlimited,
hereinafter called Contractor.
RECITALS
City has need for the services of a company with a particular training, ability, knowledge, and experience
possessed by Contractor, and
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:
SCOPE OF WORK
Contractor shall initiate services on 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— Scope of Work and by this
reference made a part hereof.
EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon execution and shall expire, unless otherwise terminated or
extended, on 30th of September, 2009. All work under this Agreement shall be completed prior to the expiration
of this Agreement.
COMPENSATION
City agrees to pay Contractor an amount not to exceed Six Thousand and 00/100 dollars ($6000.00) over the
life of the contract for performance of those services described in this Agreement. All pricing shall be in
accordance with those rates outlined in Exhibit A. Payment will be made based on Contractor's invoice, subject
to the approval of Rob Murchison, Project Engineer, and not more frequently than monthly. Payment shall be
payable within thirty(30) days from the date of receipt by the City.
CONTACT INFORMATION
All notices, bills, and payments shall be made in writing and may be given by personal delivery, mail, or fax.
Payments may be delivered by personal delivery, mail, or electronic transfer. The following addresses and
contacts shall be used to transmit notices,bills,payments, and other information:
Contact Manager for City: Contact Manager for Contractor:
City of Tigard Company: Tree Care & Landscapes Unlimited
Attn: Rob Murchsion, Project Engineer Attn: Raymond Myer, General Manager
13125 SW Hall Blvd., Tigard, Oregon 97223 Address: P.O. Box 1566, Lake Oswego, OR 97035
Phone: 503-639-4171 ext. 2699 Phone: 503-635-3165
Fax: 503-684-8840 Fax: 503-635-1549
Email Address: robm@tigard-or.gov Email Address: info@tclu.com
CONTRACTOR As INDEPENDENT CONTRACTOR
Contractor acknowledges that for all purposes related to this Agreement, Contractor is and shall be deemed to be an
independent contractor 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.
Contractor acknowledges that for all purposes related to this Agreement, Contractor is not an officer, employee, or
agent of the City as those terms are used in ORS 30.265.
INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this
Agreement. Contractor warrants that all its work will be performed in accordance with generally accepted
professional practices and standards as well 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 and City agree to indemnify and defend the other, and the other's officers, agents and employees 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 and (at both trial and appeal level, whether or not a trial or
appeal ever takes place) incurred by the party being indemnified resulting from the indemnifying party's acts (or
failure to act when action is appropriate) that may be asserted by any person or entity which in any way arise from
or relate to this Agreement or the performance of obligations under this agreement, except liability arising out of
the sole negligence of the party being indemnified. The indemnification by Contractor of the City shall also cover
claims brought against the City under state or federal worker's compensation laws. 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.
INSURANCE
Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract.
Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder.
The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and
coverages:
a. Commercial General Liability Insurance
Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract,
Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an
"occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability
insurance for the indemnity provided under this contract. The following insurance will be carried:
Coverage Limit
General Aggregate 1,000,000
Products-Completed Operations Aggregate 1,000,000
Personal &Advertising Injury 1,000,000
Each Occurrence 1,000,000
Fire Damage (any one fire) 50,000
Medical Expense (any one person) 5,000
b. Business Automobile Liability Insurance
If Contractor will be delivering the goods, Contractor shall provide City a certificate indicating that
Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The
Combined Single Limit per occurrence shall not be less than$1,000,000. Said insurance shall name City as
an additional insured and shall require written notice to City thirty(30) days in advance of cancellation. If
Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this
paragraph.
c. Workers' Compensation Insurance
The Contractor and all employers providing work, labor or materials under this Contract that are either
subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017,
which requires them to provide workers' compensation coverage that satisfies Oregon law for all their
subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide
Oregon workers' compensation coverage for their workers who work at a single location within Oregon for
more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any
employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage
limits of not less than $500,000 each accident.
d. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company deemed
acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an
unacceptable financial rating.
e. Certificates of Insurance
As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate
of Insurance to the City. No contract shall be effected until the required certificates have been received
and approved by the City.
The procuring of such required insurance shall not be construed to limit contractor's liability hereunder.
Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury, or loss
caused by negligence or neglect connected with this contract.
TERMINATION
The parties agree that any decision by either party to terminate this Agreement before 30th of September, 2009
shall be accompanied by sixty (60) days written notice to the other party prior to the date termination would
take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this
paragraph, it shall pay Contractor for services rendered prorated to the date of termination.
AGREEMENT MODIFICATIONS
Modifications to this Agreement are valid only if made in writing and signed by all parties.
OWNERSHIP OF WORK PRODUCT
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.
GOVERNING LAW
Contractor shall comply with all applicable federal, state and local laws; and rules and regulations on non-
discrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age,
medical condition or disability. The provisions of this Agreement shall be construed in accordance with the
provisions of the laws of the State of Oregon. All provisions required by ORS Chapter 279 to be included in a
contract of this type are incorporated into this Agreement as though fully set forth herein. Any action or suits
involving any question arising under this Agreement must be brought in the appropriate court of the State of
Oregon.
CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, Contractor must make payment promptly as due to persons supplying Contractor labor or materials
for the execution of the work provided by this order. Contractor must pay all contributions or amounts due from
Contractor to the Industrial Accident Fund incurred in the performance of 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
fimiished. Contractor further agrees to pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
COMPLETE AGREEMENT
This Agreement and attached exhibit constitutes the entire Agreement between the parties. No waiver, consent,
modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both
parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for
the specific purpose given. There are no understandings, agreements, or representations, oral or written, not
specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby
acknowledges that he/she has read this Agreement, understands it and agrees to be bound by its terms and
conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned
officer and Contractor has executed this Agreement on the date hereinabove first written.
CITY O Ti ARD CONT CTOR
y: Authorized City staff By: Atdborized Agent of Contractor
- Al -�r"ate X9 - 3 -6.,-7
Date Date
Exhibit A
Scope of Work
A certified arborist shall perform all work in order to meet the requirements of the City of Tigard
Land Use Conditions and also as specifically stated below:
1. Attend the Preconstruction Meeting:
Certified arborist shall prepare for and attend the preconstruction meeting and
discuss the tree protection requirements, and notification requirements for work
within the tree protection zones, etc. Certified arborist shall answer any questions
regarding tree removal and protection for the project, and provide the Contractor
with contact information if they have any further questions during the course of
work.
Cost: $100 per hour, approximately 2 hours
2. Direct the Contractor Onsite in Establishing the Tree Protection Fencing:
Certified arborist shall review the plans including the proposed locations for the
tree protection fence. Certified arborist shall visit the site after the tree protection
fence survey stakes are placed and if needed, shall work with the contractor to
modify the tree fence location as necessary. Certified arborist shall meet on site
with the tree fence placement contractor and discuss the proposed tree fence
locations.
Cost: $100.00 per hour, approximately 8 hours estimated
3. Ongoing Site Inspection and Written Reports to the City of Tigard Planning Department:
Certified arborist shall make a minimum of one site visit per week during the
project to insure compliance with the tree fencing requirements. Written"Tree
Protection Status Reports" shall be provided to the City of Tigard Planning
Department on a biweekly basis from the initial Tree Protection Zone fencing
installation through the completion of the project. The reports shall include the
condition and location of the tree protection fencing and whether any changes
occurred. If the amount of Tree Protection Zone was reduced then the Project
Arborist shall justify why the fencing was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall, long-term
health and stability of the tree(s).
Cost: $100.00 per visit, estimated 36 inspection, 18 months
4. Direct the Contractor during construction when work is done in the tree protection zone
Certified arborist shall inspect and direct the Contractor during construction
within the Tree Protection Zones on site. These zones shall include but are not
limited to:
• the construction (excavation through final fill placement) of the tank at
the most Western edge,
• boring or hand digging storm and sewer utilities at the Eastern
property edge and
• access road construction along North Western property boundary to
protect the adjacent property tree root zones.
Cost: $100.00 per hour, approximately 8 hours estimated
5. Prior to final building inspection, Certified arborist shall submit a summary of the
biweekly arborist reports prepared by the Project Arborist. The summary shall document
the effect of the approved tree protection plan, account for any violations, and certify the
condition of protected trees.
Cost: $100.00 per hour, approximately 2 hours estimated
Any other work shall be billed at$100.00 per hour as stated above. Total not to exceed
budget for the entirety of the project shall be $6,000.00
Exhibit B
Contractor's Proposal
September 11, 2007
City of Tigard Fax: S03-684-8840
Attn: Rob Murchison Cell: 503-718-2699
13125 SW Hall Blvd,
Tigard, OR 97223
e-mail: robm(tioard-or.gov
RE: 13001 SW Bull Mountain Road
Tigard, OR
Dear Mr. Murchison:
Thank you for giving Tree Care and Landscapes Unlimited, Inc. the opportunity to
be of service to you. The following is a proposal for the job located above, per your
request.
PROPOSAL
I. Task #1: Attend preconstruction meeting and lead discussion and
answer any questions regarding tree removal and protection.
Cost: $100 per hour, approximately 2 hours estimated
2. Task #2: Direct contractor on-site in establishing tree protection fencing.
Cost: $100.00 per hour, approximately 8 hours estimated
3. Task #3: Submit at least once every 2 weeks, from initial tree protection
zone (TPZ) fencing installation through final completion a written report
C.
to the City of Tigard Planning Department.
Cost: $100.00 per visit, estimated 18 inspections, 9 months
Residential and Commercial Spraying•Fertilizing•Pruning•Landscape Installation•Landscape Maintenance•Consultation
'"'MEMBER: Tree Care Industry Association•International Society of Arboriculture•Oregon Landscape Contractors Association
Construction Contractor#62635•Landscape Contractor#5659•Chemical Application 4000231 •Insured
P.O.Boz 1566•Lake Oswego,OR 97035•503-635-3165•Vancouver 360-737-2646•Fax 503-635-1549
Visit our website at www.tclu.com•E-mail:info@,tclu.com
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City of Tigard
RE: 13001 SW Bull Mt.Rd
Page 2
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4. Task #4: Direct contractor shoring/benching during excavation for trees
as illustrated on C-2 as Tree #1 &Tree#2.
Cost: $100.00 per hour, approximately 8 hours estimated
5. Any other work will be $100 per hour as above.
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I,
y
City of Tigard
RE: 13001 SW Bull Mt.Rd
Page 3
PROPOSAL GOOD FOR 90 DAYS AFTER DATE OF ESTIMATE
WE PROPOSE herby to furnish material and labor-complete in accordance with the above
specifications.
ACCEPTANCE OF PROPOSAL-The above prices, specifications and conditions are satisfactory and are
hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined
above. TREE CARE&LANDSCAPES UNLIMITED,INC. is not responsible for damage due to animals,
vandalism,and inclement weather. TREE CARE&LANDSCAPES UNLIMITED, INC. reserves the right
to cel at any time under same conditions as the client.
CARE SIGNATURE" DATE CUSTOMER SIGNATURE DATE
If you have any further questions please feel free to call me at 503-635-3165.
Resp lly,
Raymond Myer, General Manager
Tree Care&Landscapes Unlimited, Inc.
Certified Arborist by the International
Society of Arboriculture, # PN-0160
Oregon Landscape Contractors Lic. # 11604
Oregon Dept. of Agriculture, Commercial
Pesticide Applicators License # 00187