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Mears Design Group - C110032 e ,100 3 CITY OF TIGARD, OREGON LL) ORIGINAL AGREEMENT FOR SERVICES RELATED TO TREE PLANTING&ESTABLISHMENT SERVICES THIS AGREEMENT made and entered into this 1St of July, 2009 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Mears Design Group, LLC, hereinafter called Contractor. RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services; and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE, The parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide services related to Tree Planting & Establishment Services as detailed in Exhibit A—Scope of Services and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on June 30, 2010. All services shall be completed prior to the expiration of this Agreement. 3. COMPENSATION City agrees to pay Contractor an amount not exceeding amounts shown on Exhibit B, Hourly Rates, for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or General Services Agreement-09-11-03 Rev. -09/17/03 to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due,make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENU/DELEGATION Neither parry shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: Contract Manager for City Contract Manager for Contractor City of Tigard Company: Mears Design Group Attn: Todd Prager Attn: Troy Mears 13125 SW Hall Blvd., Address: 11680 SW 113thPlace, Tigard,Oregon 97223 Tigard, Oregon 97223 Phone: (503)639-4171 ext. 2700 Phone: 503-601-4516 Fax: 503-718-2748 Fax: 503-924-4688 Email Address:todd@tigard-or.gov Email Address:troym@mearsdesigngroup.com 7. TERMINATION The parties agree that any decision by either party to terminate this Agreement before 30th of June, 2010 shall be accompanied by thirty (30) 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. 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts. 9. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, General Services Agreement-09-11-03 Rev.-09/17/03 unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITY/HOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 1,000,000 Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of General Services Agreement-09-11-03 Rev.-09/17/03 cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Rating All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance 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. 20. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing parry shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert), attorney's fees and court costs on appeal. 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 22. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 23. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. General Services Agreement-09-11-03 Rev.-09/17/03 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either parry unless in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that Contractor has read this Agreement,understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD Approve yZigard's Local Contract Review Board on: By: Aut)orized City staff person letting contract Date CONTRACTOR EpkQS OE.SIc�iJ G�{Zc�� Lac By: Co'mpkiy Name Print Name& Title of Authorized Representative Com-30- Zoog Si e Date General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT A SCOPE OF SERVICES 1. Site Planning—Site Survey -When directed to do so by the City, Contractor shall survey and document the existing conditions of the planting site. Relevant survey information may include but not be limited to soil conditions, topography, drainage, water sources, water pressure, water availability, above and below ground utilities, buildings, infrastructure, street lights, intersections, street signs, driveways, fire hydrants, existing trees, existing landscaping, existing pests and diseases, existing drainage, and any other existing site conditions that may be relevant to a particular project. 2. Site Planning—Lab Tests - When directed to do so by the City, Contractor shall collect and prepare soil and/or plant samples for analysis by a qualified testing laboratory. The materials and methods used to collect and prepare the samples shall follow the specifications of the particular laboratory used. The purpose of the tests may include but not be limited to determining soil texture, soil fertility, and existing pests, weeds, and diseases. 3. Site Planning—Site Plan Preparation - When directed to do so by the City, Contractor shall prepare accurately scaled landscape drawings that reflect both existing site conditions and future planting plans. Information displayed on the plans may include the items listed under Work Task Description 1, as well as proposed tree and landscaping planting locations, proposed irrigation installations, proposed soil amendments, proposed erosion control materials and methods, proposed planting details/specifications, proposed irrigation details/specifications and other information relevant to a particular project. The plans shall be prepared in accordance with applicable federal, state, regional, local, and other jurisdictional requirements. 4. Site Preparation—Permit Acquisition - When directed to do so by the City, Contractor shall secure federal, state, regional, local and any other permits required for execution and/or completion of a particular project. 5. Site Preparation—Area Spray - When directed to do so by the City, Contractor shall spray areas of unwanted vegetation with herbicide. Contractor shall not damage existing vegetation identified by the City to remain during spraying. Spraying shall be in accordance with applicable federal, state, regional, local, and other jurisdictional requirements. G. Site Preparation—Spot Spray - When directed to do so by the City, Contractor shall spot spray unwanted vegetation with an approved herbicide. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all unwanted vegetation at the site. Contractor shall not damage existing vegetation identified by the City to remain during spraying. Spraying shall be in accordance with applicable federal, state, regional, local, and other jurisdictional requirements. 7. Site Preparation—Mow/Cut - Contractor shall remove invasive species using manual (e.g., sheering) or mechanical (i.e., weed whipping or mowing) means to control invasive vegetation. Contractor shall avoid damaging existing vegetation identified by the City to remain when conducting these activities. 8. Site Preparation—Cut and Remove Blackberries - Contractor shall remove blackberry using manual (e.g., chain sawing or flail mowing) means. Contractor shall avoid damaging existing vegetation identified by the City to remain when conducting these activities. 9. Site Preparation—Circle Scalp - When directed to do so by the City, Contractor shall prepare individual planting locations by scraping away all live and dead vegetation, roots and rhizomes from a circle that is at least twice the diameter of the root ball of the tree to be planted. Where the slope of the ground is greater than 20%, Contractor shall also construct a flat planting area. General Services Agreement-09-11-03 Rev.-09/17/03 10. Site Preparation-Grading or Filling - When directed to do so by the City, Contractor shall grade soil or add soil if required by the project's guidelines. 11. Site Preparation—Irrigation Installation - When directed to do so by the City, Contractor shall install irrigation for trees and other landscaping to be planted. Irrigation types may include but not be limited to above or below ground sprinkler systems as well as drip irrigation. Contractor may be required to install water meters, backflow preventers, valves, pumps, sprinkler heads, laterals, automatic timers, and other equipment depending on the scope, requirements, and objectives for the particular project. Contractor may be required to develop an irrigation proposal and plan per item 3 above based on a survey of existing water sources and conditions per item 1 above. Irrigation installation shall be in accordance with the most current revision of the Irrigation Association's, Turf and Landscape Irrigation Best Management Practices. 12. Site Preparation—Drainage - When directed to do so by the City, Contractor shall install drainage systems that are appropriate for the site. Drainage systems may include but not be limited to French drains with at least 2% fall to an area with more permeable soil or outlet at a lower grade, boring holes 4-6 inches in diameter in the bottom of planting holes through hardpan soil layers, and amending/altering existing soil conditions to facilitate drainage. 13. Site Preparation—Soil Preparation - When directed to do so by the City, Contractor shall loosen/till soil prior to planting trees. At a minimum, soil shall be loosened/tilled to a depth equal to that of the tree's root ball, and a width equal to at least twice the diameter of the root ball. Soil loosening may be achieved by use of hand tools, roto-tillers, or other equipment depending on existing conditions. 14. Site Preparation—Soil Amendment - When directed to do so by the City, Contractor shall amend the soil with organic materials, fertilizer, or other soil amendments specified by the City to the depth and ratio determined by the City. 15. Site Preparation—Erosion Control - When directed to do so by the City, Contractor shall prepare an erosion control plan per item 3 above and/or install erosion control devices depending on the needs and requirements of the particular project. 16. Planting—Plant Selection - When directed to do so by the City, Contractor shall select the size and species of tree(s) specified for a particular project. The purpose of the following specifications is to obtain vigorous, healthy trees that can be easily trained into attractive and structurally strong mature trees. a. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standard for Nursery Stock (ANSI Z-60.1). Trees that are identified as not meeting these standards will be subject to rejection by the City. b. All trees shall be true to type or name as ordered or shown on the plans and shall be individually tagged or tagged in groups by species and cultivar (variety). c. All trees shall be vigorous, have a form typical for the species or cultivar, be well rooted, be free from wounds, and be properly trained. d. The height, crown spread, diameter, and root size of all trees shall be appropriate for the type of stock and in proportion to one another. e. The root ball of all trees shall be moist throughout and shall show no signs of moisture stress. £ Tree crown: (round headed) broad-leaved, decurrent trees i. Crown shall be uniform in conformation with a single, straight trunk that has not been headed or that could be pruned to a leader. ii. The most recent shoots shall be vigorous and of acceptable length. g. Priority shall be given to the selection of trees that stand upright without support. General Services Agreement-09-11-03 Rev.-09/17/03 h. Priority shall be given to the selection of trees with small (<1/4 diameter of trunk) temporary branches along the trunk below the scaffolds. i. Tree crown: (broad-leaved or coniferous, excurrent (central trunk)trees i. Crown shall be uniform in conformation with a single, straight trunk with no double leaders (codominant stems) or vigorous, upright branches competing with the central leader. ii. Radial and vertical distribution of branches shall form a symmetrical crown. j. Roots: container, boxed, or balled-in-burlap trees regardless of species or mature size i. The tree shall be free of roots visibly circling the trunk and free of"knees" (roots) protruding above the soil. ii. Roots shall extend to the edge of the container, box, or burlap and be sufficiently dense to hold soil together k. Bare-root stock: Root spread shall adhere to the most recent edition of ANSI 760.1 sections 1.2, 1.2.1, and 1.2.2. 1. In case a sample of trees inspected is found to be defective, Contractor shall notify the City. The City reserves the right to reject the entire lot or lots of trees represented by defective samples. Any plants rendered unsuitable for planting will be considered as samples and will be subject to rejection. 17. Planting—Plant Delivery - When directed to do so by the City, Contractor shall deliver trees to a project area in a way that protects them from damage. Above ground parts shall be protected from cuts, scraps, breakage, wind damage, sun scald, drying out, and other damage during delivery. In addition, the root ball and root system shall also be protected from breakage, scrapes, drying out, and other damage during delivery. Trees that are identified as having been damaged during delivery will be subject to rejection by the City. 18. Planting—Tree Planting --When directed to do so by the City, Contractor shall plant trees according to the guidelines set forth by the International Society of Arboriculture and the City's accepted planting procedures outlined in Chapter 18.745 of the Tigard Municipal Code. The Contractor shall also be responsible for avoiding conflicts with underground utilities. The planting hole shall be two to five times the diameter of the root ball depending on soil conditions and specifications for a particular project. The depth of the hole shall be no more than the depth of the root ball. It may be acceptable to plant the root ball 2-3 inches higher than surrounding grade in order to allow for some settling after planting. The bottom of the hole shall be firm to prevent the root ball from sinking into unsettled soil. If the trunk flare of the nursery tree is not visible, soil shall be removed until the trunk flare is sufficiently exposed. If the root ball has burlap and a wire cage, the wire cage shall be removed entirely and as much of the burlap shall be removed as possible. In no case shall the burlap be exposed above the soil surface after planting. The contractor shall examine the root ball for circling roots and loosen, cut, or remove them prior to planting. If circling roots are excessive and/or the root system is defective, the Contractor shall notify the City for an inspection. The Contractor shall gently place the root ball in the hole. The contractor shall backfill the hole with soil until the hole is one-third full, and gently but firmly pack the soil around the base of the root ball. The contractor shall continue to backfill the hole a few inches at a time until full, and water in between backfilling in order to allow soil settling and removal of air pockets. 19. Planting—Bamboo Staking- If directed to do so by the City's site inspector, Contractor shall install bamboo stakes adjacent to planted tree seedlings. Stakes shall be driven vertically into the ground at a location four inches from the base of the plant, and to a depth of 12 inches. Contractor shall stake each plant on the date it is planted, even if the plant has been designated for plant protection. General Services Agreement-09-11-03 Rev.-09/17/03 20. Planting – Lodgepole Staking - If directed to do so by the City's site inspector, Contractor shall install two, 8' min. lodgepole stakes adjacent to newly planted trees. Stakes shall be driven vertically into the ground at a location just outside the root mass/ball of the tree, and to a depth of at least 2 feet. Contractor shall attach opposing flexible ties to the stakes that will provide support for the trees, allow for some sway of their trunks, and not damage their bark/cambium. Contractor shall stake and tie each tree on the date it is planted, even if the tree has been designated for plant protection. 21. Planting—Guying - If directed to do so by the City, Contractor shall install guy wires for the purpose of anchoring trees during specific circumstances. The particular method of guying shall be determined by the City and the Contractor depending on circumstances such as soil texture, topography, tree height, root ball size, available space, prevailing winds, branching patterns, and other conditions. 22. Planting—Mulch Application - If directed to do so by the City, Contractor shall place mulch in the form of wood chips or shavings around each planted tree. Mulch shall be used for each plant, and the mulch shall be spread to a diameter which is twice the diameter of the root ball of the tree and a depth of three inches without covering the tree's stem. The City's site inspector may change the quantity and kind of mulch material when warranted by site conditions. 23. Planting—Pruning Newly Planted Trees - When directed to do so by the City, Contractor shall prune newly planted trees. Pruning of newly planted trees shall be limited to removal of broken, torn, rubbing, or dead branches. Pruning cuts shall be made just outside the branch collar of the parent branch with sharp, clean bypass type hand pruning shears. Cuts that are larger than one-half inch in diameter shall be made with sharp, clean lopping shears or pruning saws. All pruning shall be performed or directly supervised by an International Society of Arboriculture (ISA) certified arborist. All pruning shall be in accordance with American National Standards Institute (ANSI) A-300 guidelines or ISA Tree Pruning Guidelines. 24. Plant Protection—Tube Installation - If requested to do so by the City's site inspector, Contractor shall install plant tubing on selected plants. All tubing shall be installed on the day of planting. The City's site inspector shall determine which plants are to receive tubing. Contractor shall position the bottom end of the tube so that it is in full contact with the ground. The tube shall be centered on the plant, and shall be installed so that it remains in full contact with the ground when subjected to a moderate upward tug. The maximum allowed lean of the tube is two inches from vertical, measured from the top of the tube. Contractor shall not damage the plant during tube installation. Plants with skinned bark, a broken terminal leader, a curled leader inside the tube, or a leader protruding through the side of the tube will be subject to rejection by the City. Unless otherwise directed by the City's site inspector, Contractor shall anchor each plant tube with one bamboo stake. A three-foot stake shall be woven vertically through the tube webbing a minimum of four times and shall be driven into the ground to a depth of 10 inches. Where rocky ground prevents driving the stake to the full depth on the first attempt, the stake shall be moved to a location where the tube can be driven to a depth where it securely holds the tube. If such a location does not exist, Contractor shall notify the site inspector and the site inspector will determine whether tubing should be used at the location in question. Contractor shall discard and replace stakes broken during installation. 25. Plant Protection—Wire Cage Installation - When directed to do so by the City, Contractor shall install welded wire mesh cages. Contractor shall support the cages with metal or wood stakes. The City's site inspector will designate which plants will receive the cages. 26. Maintenance—Mow/Cut - When requested to do so by the City, Contractor shall maintain planted project sites using manual (e.g., sheering, grubbing or scalping) or mechanical (e.g., weed whipping or mowing) means to control unwanted vegetation. Contractor shall not damage existing vegetation identified by the City to remain when conducting these activities. General Services Agreement-09-11-03 Rev.-09/17/03 27. Maintenance –Spot Spray - When directed to do so by the City, Contractor shall spot spray plants identified as unwanted by the City with herbicide during site maintenance. Contractor shall ensure that the volume of spray mixture is sufficient to adequately cover all invasive vegetation at the site. Contractor shall not damage existing vegetation identified by the City to remain during spraying. Spraying shall be in accordance with applicable federal, state, regional, local, and other jurisdictional requirements. 28. Maintenance —Truck/Hand WaterinIz - When directed to do so by the City, Contractor shall acquire and deliver clean well water to plants in project planting areas using a tanker truck and hoses. Contractor shall ensure that each live plant planted in the area identified for watering receives the specified quantity of water at the specified time. 29. Maintenance – Above/Below-Ground Irrigation - When directed to do so by the City, Contractor shall provide all necessary maintenance to irrigation systems in order to provide effective, reliable, efficient and proper amounts of water to ensure the survivability of the trees. Irrigation maintenance shall be in accordance with the most current revision of the Irrigation Association's, Turf and Landscape Irrigation Best Management Practices. 30. Maintenance- Pruning - When directed to do so by the City, Contractor shall prune trees beginning after the first full growing season in order to begin developing strong structure and desirable form. All pruning shall be performed or directly supervised by an ISA certified arborist. All pruning shall be in accordance with ANSI A-300 guidelines or ISA Tree Pruning Guidelines. The basic goal of pruning shall be the development of a strong leader and crown structure. This shall be accomplished by: a. Maintaining a single, straight trunk and removing or pruning back strong branches that compete with it. b. Providing adequate vertical and radial spacing of potential scaffold branches. Branches shall be less than three quarters diameter of the main stem and spaced at least 6-12 inches apart. c. Maintaining temporary branches (small laterals below the desired height of the lowest main branch) along the trunk for the first 2-4 years after planting until they become one- half inch in diameter. d. Providing adequate distribution of foliage throughout the crown. One half of the foliage should be on branches (permanent and temporary) arising in the lower two-thirds of the tree. Pruning cuts shall be made just outside the branch collar of the parent branch with sharp, clean bypass type hand pruning shears. Cuts that are larger than one-half inch in diameter shall be made with sharp, clean lopping shears or pruning saws. 31. Maintenance- Miscellaneous - When directed to do so by the City, Contractor shall perform other duties not listed above that will benefit the overall outcome of individual projects. 32. Disposal- All Phases - Contractor shall properly dispose of waste during all phases of individual projects. All waste shall be reused and/or recycled whenever possible. Waste disposal shall be in accordance with applicable federal, state, regional, local, and other jurisdictional requirements. General Services Agreement-09-11-03 Rev.-09/17/03 EXHIBIT B CONTRACTOR'S PROPOSAL 1.Planning-$90.00/hr. 2. Site Preparation-$42.00/hr/laborer 3.Planting-$42.00/hr/laborer 4.Plant Maintenance- $42.00/hr/laborer General Services Agreement-09-11-03 Rev.-09/17/03