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Cascadian Landscapers, Inc ~ C140038 CITY OF TIGARD, OREGON-CONTRACT SUMMARY FORM THIS FORM MUST ACCOMPANY EVER Y CONTRACT Contract Title: Right-of-Way Street Tree Planting Number: C140038 Contractor: Cascadian Landscapers, Inc. Contract Total:$8,400.00 Contract Overview: Contract will providing planting services for Ti�Xd's right-of-wad-tree plantings Locations - Spruce St, 1251h Pl,Barrows Rd, 128th P1, Canterbury-Ln,Berea Dr, 88th Ave Initial Risk Level: ❑ Extreme ❑ High ® Moderate F-1Low Risk Reduction Steps: Standard insurance (via insurance matrix) included in contract Added language regarding street-side work only- and no excavated holes left open/unattended Risk Comments: Risk Signature: Conversation between Risk, Streets. and Contracts on Wednesday November 13th Contract Manager: `'ante Walker Ext: 2606 Department: PW'- Streets Tvpe: ❑ Purchase Agreement ❑ Personal Service ® General Service ❑ Public Improvement ❑ IG A ❑ Other: Start Date: 11/18/13 End Date: 06/30/14 Quotes/Bids/Proposal: FIRM AMOUNT/SCORE Cascadian Landscapers Direct Appointment Account String: Fund-Division-Account Work Order—Activity Type Amount Year 1 420-8000-56005 92017 $8,400 Year 2 Year 3 Year 4 Year 5 AMurovals - LCRB Date: Department Comments: Department Signature: /� Purchasing Comments: F-ly ' 1� Purchasing Signature: Citta Manager Comments: Cite Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract# C xi C703l9 CITY OF TIGARD,OREGON AGREEMENT FOR SERVICES RELATED TO RIGHT-OF-WAY STREET TREE PLANTINGS THIS AGREEMENT made and entered into this 18'' day of November, 2013 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called "City", and Cascadian Landscapers, Inc.,hereinafter called"Contractor",collectively known as the"Parties." 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 the planting of trees along various street right-of-ways 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 30,2014. All services shall be completed prior to the expiration of this Agreement 3. COMPENSATION City agrees to pay Contractor an amount not exceeding Eight Thousand Four Hundred and No/100 Dollars ($8,400.00) 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 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 during the current fiscal year. Appropriations for future fiscal years shall be subject to budget approval by the City Council. 4. ASSIGNMENT/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 5. 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: CITY OF TIGARD CASCADIAN LANDSCAPERS,INC. Attn: Vance Walker,Streets Supervisor Attn:Patricia,Meisner,President Address: 13125 SW Hall Blvd. Address: 21510 NW Farm Park Drive Tigard, Oregon 97223 Hillsboro, Oregon 97124 Phone: (503)718-2606 Phone: (503) 647-9933 Fax: (503) 684-7297 Fax: (503) 647-9922 Email: vance2ogard-2r.gov Email: (Contact email) 6. TERMINATION The parties agree that any decision by either party to terminate this Agreement before the 301"day of June, 2013 shall be accompanied by thirty (30) days written notice to the other party prior to the 2014 GSA—Right-of-Way Street Tree Planting 2 1 P a g c 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. 7. 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. 8. FORCE MMEURE 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, 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 9. 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 659A.142, and all regulations and administrative rules established pursuant to those laws. 10. INDEMNITY Contractor agrees to and shall defend,indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability,claims, costs, 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 in performance of this contract, except,however,that the foregoing shall not apply to liability that arises out of the City's,its officers, employees,agents and representatives sole negligence. 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 remainder of this indemnification. 11. 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: 2014 GSA—Right-of-Way Street Tree Planting 3 1 Pa g e 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 (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 Limi General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal&Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage(any one fire) 50,000 B. Business Automobile Liability Insurance 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" form.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 term of the contract,business automobile liability coverage for all owned vehicles on an"occurrence"form. The Combined Single Limit per occurrence shall not be less than$2,000,000. C. Workers'Compensation Insurance 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 perform 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 Rating 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 2014 GSA—Right-of-Way Street Tree Planting 4 1 Page 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. H. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. Contractor is not an officer,employee or agent of the City as those terms are used in ORS 30.265. I. Primary Coverage Clarification 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. Cross-Liability Clause 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. 2014 GSA—Right-of-Way Street Tree Planting 5 1 P a g c 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. 12. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert),attorney's fees and court costs on appeal. 13. 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 Chapters 279A, 279B, and 279C, the provisions of which are hereby made a part of this agreement. 14. 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. 15. 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 16. 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 17. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B,Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver,consent,modification,or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement Contractor, by the signature of its authorized representative, hereby acknowledges that Contractor has read this Agreement,understands it and agrees to be bound by its terms and conditions. 2014 GSA—Right-of-Way Street Tree Planting 6 1 P a g e IN WITNESS WHEREOF, City has caused this Agree to b cute by its duly authorized undersigned officer and Contractor has executed this Agreem t on the d to her ' ove first written. CITY OF TIGARD CAS ADIAN DS AP ,INC. By:Authorized City Representative By:Authorized&ntractor Representative Date Date 2014 GSA—Right-of-Way Street Tree Planting 7 1 P a g e EXHIBIT A PROTECT CONSTRUCTION DOCUMENTS CITY OF TIGARD, OREGON Project Construction Documents For October 2013 2013 Tigard Street Tree Planting Project BID DUE DATE: Friday, November 8, 2013 TIME: 2:00 P.M. PLACE: Mears Design Group, LLC PO Box 23338 Tigard, OR 97281 Email:troymCa)-mearsdesign-group.com or Fax: 503.924.4688 SUBMIT REQUESTS FOR INFORMATION TO: Troy A Mears, Landscape Architect Mears Design Group, LLC Phone: (503) 601-4516 Fax: (503) 924-4688 Email: troym(c-D-mearsdesigngroup.com DOCUMENT 00003 TABLE OF CONTENTS NUMBER TITLE NO. OF PAGES INTRODUCTORY PAGES 00000 Title Page 1 00003 Table of Contents 1 00005 Description of Work 2 00300 Bid Form 2 DIVISION 1: GENERAL REQUIREMENTS 01000 General Requirements 4 DIVISION 2: SITE WORK 02950 Trees 5 EXHIBITS Tree Planting Detail 1 Tree Planting Site List&Tree Schedule 1 Project Location Map 1 Property Tree Location Plans 7 CITY OF TIGARD STREET TREE PLANTING PROJECT TABLE OF CONTENTS OCTOBER 2013 DOCUMENT 00003, PAGE 1 DOCUMENT 00005 DESCRIPTION OF WORK PART 1 GENERAL 1.1 Scope Of Work A. Project includes all materials, labor, and other requirements outlined in the Contract Documents or inferred by the Contract Documents, necessary for planting of Street Trees as shown within the attached document. B. Contractor is required to provide scheduled day of tree planting one week prior to planting. This will be used to notify property owners. C. The City of Tigard has identified tree locations by placing a WHITE painted circle where each tree is to be planted. D. Contractor is to knock on the door of property owner of required planted tree locations before planting is started. E. Landscape Contractor is required to meet all City of Tigard Traffic Control requirements. F. If City Representative or Landscape Architect determine any tree planted does not meet the City of Tigard identified standards the Landscape Contractor is required to replace tree(s)with species and size as noted within attachment 'A' at no additional cost to City. G. Root barrier is required on all trees as shown on tree planting detail only where hard surface is within five (5) feet of tree root ball. Root barrier is to be installed per manufacturer's specifications. H. 7775 SW Spruce Street; remove all existing shrubbery roots along street adjacent to where new street tree is to be planted. Locate utilities prior to installation. I. 11190 SW 125th Place; remove all existing stumps within planter area where new street tree are to be planted. Root barrier required along curb. Locate utilities prior to installation. J. SW Barrows Road; (along east side of SW Barrows Road north of SW Anna Ct.). Locate utilities prior to installation. Remove all existing tree stumps prior to planting. Root barrier required along curb and sidewalk. K. SW 128th Place (across street from address 14455 128th Place); Plant street tree along east side of street adjacent to common area. Plant tree where previously removed Birch tree existed. Root barrier required along curb. Locate utilities prior to installation. L. 10621 SW Canterbury Lane; plant new street trees in linear planter island along SW Canterbury Lane. Root barrier required along curb each side adjacent to new trees. Locate utilities prior to installation. M. 13600 SW Berea Drive; Beware of existing tree roots along street where Black Hawthorne trees are to be planted. Remove existing Kousa Dogwood and replace with Yulan Magnolia. Root barrier required with Black Hawthorne planting along curb and sidewalk. Locate utilities prior to planting. N. 15085 SW 88th Avenue; Remove existing dead tree at northeast corner of property and plant new street tree at same approximate location as marked. Locate utilities prior to planting. O. Contractor is to call for utility locates prior to starting work to be performed. (1-800-332-2344; Oregon Utility Notification Center) P. Contractor to haul off all debris and excess soil due to planting of Street Trees. 1.2 Contract Time A. Upon iss ance of the Notice-to-Proceed, the Bidder agrees to complete the entire Contract within ( consecutive working days. 1*1 ��e CITY OF TIGARD STREET TREE PLANTING PROJECT DESCRIPTION OF WORK OCTOBER 2013 SECTION 00005, PAGE 1 B. ee .eF 6, 2913 dependent upon tifnely-i-se-u-s-ce of -Retic 1.3 Liquidated Damage A N1 A. The agreed liquidated damage to the Owner shall be one hundred and fifty dollars($150.00)for each calendar day over and above the stated number of days required to complete the contract. 1.4 Risk Management Requirements A. Contractor agrees to complete all work under this Contract on the street side of the right-of-way. Contractor shall conduct to work on the private property side of the right-of-way in order to avoid any damage to private property. B. At no point in time shall the Contractor leave an excavated hole unattended or uncovered. Contractor shall complete the planting and fill a hole the same day it is excavated. CITY OF TIGARD STREET TREE PLANTING PROJECT DESCRIPTION OF WORK OCTOBER 2013 SECTION 00005, PAGE 2 SECTION 00300 BID FORM BID DUE DATE: Friday, November 8, 2013 TIME: 2:00 P.M. PLACE: Mears Design Group, LLC PO Box 23338 Tigard, OR 97281 Email: troym2r-.mearsdesigngroup.com or Fax: 503.924.4688 TO: Troy Mears Bidders: The undersigned Landscape Contractor declares that he/she has carefully examined the Drawings and Specifications, that he/she has made an examination of the site of the proposed Work and is satisfied as to all conditions to be encountered. The undersigned hereby proposes to furnish all material and labor, and perform all work to complete the Work in strict accordance with the Drawings and Specifications prepared by the firm of Mears Design Group, LLC, PO Box 23338, Tigard, Oregon 97281, for the sum of: PROVIDE AND INSTALL TREE PLANTING AS SHOWN IN CONSTRUCTION DOCUMENTS— DATED 10/2013 AND AS IDENTIFIED IN FIELD. Dollars and Cents.($ ), AND TO BE BOUND BY THE FOLLOWING DOCUMENTS: Attachement A; 10/2013 Exhibits; 10/2013 SECTION 00005: Description of Work Tree Planting Detail SECTION 00300: Quotation Form Street Tree Planting Schedule SECTION 01000: General Requirements Project Location Map SECTION 02950: Trees Site Location Maps RESIDENT/NONRESIDENT LANDSCAPE CONTRACTOR STATUS Oregon law requires that the Owner, in determining the lowest responsive Landscape Contractor, must add a percent increase on the bid of a non resident Landscape Contractor equal to the percent, of any, of the preference given to that Landscape Contractor in the state in which that Landscape Contractor resides. Consequently, each Landscape Contractor must indicate whether it is a resident or nonresident Landscape Contractor.A resident Landscape Contractor is a contractor that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of this bid, has a business address in Oregon, and has stated in its quotation whether the Landscape Contractor is a"Resident Landscape Contractor".A"non-resident Landscape Contractor" is an Irrigation Contractor who is not a resident Landscape Contractor. CITY OF TIGARD TREE PLANTING PROJECT BID FORM OCTOBER 2013 SECTION 00300, PAGE 1 The Landscape Contractor listed above is: (check one) 1. A resident Landscape Contractor 2. A nonresident Landscape Contractor Indicate state in which Landscape Contractor resides: SECTION 00300 QUOTATION FORM 00300-2 The undersigned agrees to hold this proposal open for sixty (60) days following Quotation Opening, and to enter into and execute the Agreement if awarded on the basis of this proposal. The undersigned also agrees that he shall be held responsible for a period of one (1)year after the date of final acceptance of the project, guaranteeing to replace at Landscape Contractors own expense any defective work due to poor material or poor workmanship. The undersigned acknowledges receipt of addenda No. Federal Tax Identification No. The name of the Firm submitting this proposal is: Signature of Authorized Agent: Title: Business Address of Landscape Contractor: Phone: Fax: Oregon Contractors License No.: Workers Compensation Insurance Company: Workers Compensation Policy/Binder No.: Dated this day of 2013. END OF QUOTATION FORM CITY OF TIGARD TREE PLANTING PROJECT BID FORM OCTOBER 2013 SECTION 00300, PAGE 2 SECTION 01000 GENERAL REQUIREMENTS PARTIGENERAL 1.1 GENERAL SCOPE OF WORK A. The Contractor shall carefully examine the site, plans and specifications. By submitting a quotation, the Contractor represents that he has visited the site and is familiar with the requirements of this project. The Contractor also represents that he is familiar with all federal, state, county and local laws and regulations that affect this work. The Contractor also is responsible for any licenses or permits that may be req u red. 1.2 RELATED WORK BY OTHERS A. none 1.3 WORK SEQUENCE A. Work to begin November 18, 2013, weather permitting (approximate). B. Work to be substantially completed on December 6, 2013, weather permitting. 1.4 PRE-ORDERED PRODUCTS A. Contractor will provide all labor and materials to complete project. 1.5 QUANTITY ALLOWENCES A. Whenever in the Specifications, an article, device or pieces of equipment are referred to in singular number, such reference shall include as many such items as are shown on Drawings or required to complete installation. B. Upon inspecting the trees, if the City Representative or Landscape Architect determines the quality of tree planted does not meet the identified project standards, the contractor shall replace with same species and size of tree that does meet the City's standards. 1.6 MEASUREMENTS AND PAYMENTS A. Quantities: All quantities as stated for each site within the documents are final. Each tree planted are to be of a minimum of two (2) inch caliper at planting time. 1.7 ALTERNATES— N/A 1.8 COORDINATION A. Ordering Materials: Order and schedule materials in ample time to avoid delays in construction. If an item is found to be unavailable, notify the Landscape Architect immediately. CITY OF TIGARD TREE PLANTING PROJECT GENERAL REQUIREMENTS OCTOBER 2013 SECTION 01000, PAGE 1 1.9 FIELD ENGINEERING A. Property lines and existing improvements are indicated on Drawings. Contractor shall establish primary construction control lines and be responsible for accuracy of the layout of his work. Verify all lines, levels and dimensions shown on Drawings. Report any errors or discrepancies to Landscape Architect before proceeding with the work. Verify location of all underground utilities with local utility company. 1.10 REGULATORY REQUIREMENTS A. Contractor is responsible for all permits and licenses reauired to complete work as specified and shown on the Drawings. (The Contractor is also responsible for any required fees). B. Work Hours: 7:00 AM to 8:00 PM, (7) seven days a week. C. Contractor is responsible for payment of all fines for noncompliance with applicable regulations. 1.11 REFERENCE STANDARDS A. References in the Technical Specifications to Standard Specifications issued by the following organizations shall mean edition current on date of Advertisement for Bids, unless otherwise noted. Wherever referenced Standard Specifications contain provisions which conflict with the Contract Documents, the Contract Documents shall govern. 1.12 SUBMITTALS A. Submit samples in ample time for the Landscape Architect's review prior to ordering materials. 1.13 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. General Reference Points: Before starting work, locate all general reference points. Take such steps as necessary to prevent their dislocation or destruction. If destroyed or disturbed, replace as directed. B. Project Construction Limits: The contractor is to confine his activities to the Owner's property and to that portion of the project reasonably adjacent to the actual construction area. Clean-up of work area is required at the end of each dav's work. 1.14 TEMPORARY UTILITIES A. None. 1.15 BARRIERS A. Construct necessary barricades, fences, railings, signs, and temporary enclosures as required during construction period. Remove barriers prior to final completion and repair surfaces damaged by erection of barricades. 1.16 SECURITY CITY OF TIGARD TREE PLANTING PROJECT GENERAL REQUIREMENTS OCTOBER 2013 SECTION 01000, PAGE 2 A. Protection of Work and Property: Protect utilities and all other public and private facilities and improvements which are to remain in place. 1.17 TEMPORARY CONTROLS A. Construction Cleaning: Spillage resulting from hauling or other operations of the Contractor alonq or across any public traveled way shall be removed at once by the Contractor at his own expense. B. Dispose of accumulation of rubbish and debris in satisfactory manner. Allow no excess accumulation of non-reusable material at job site. 1.18 NOISE CONTROL A. At all times during his work, the Contractor shall exercise care to prevent unnecessary noise from his operations and those of his employees and subcontractors and maintain such noise at a minimum level. 1.19 SUBSURFACE WATER CONTROL A. Perform pumping, trenching, damming and underdraining necessary to keep site free from water during construction. Dispose of water in manor acceptable to the local regulation, taking care to ensure that no existing water disposal facilities are impeded, clogged, damaged, or interfered with. 1.20 TRAFFIC REGULATION A. Restrictions: The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to the Owner. B. Contractor is responsible for meeting all City of Tigard traffic control requirements. 1.21 PROJECT IDENTIFICATION SIGNS A. Project Signs: None Required 1.22 STORAGE AND PROTECTION A. Storage: Materials shall be so stored as to ensure the preservation of their quality and fitness for work. Stored materials shall be located so as to facilitate prompt inspection. B. Protection: Adequately protect all materials to be used on project from damage and where applicable, intrusions of moisture. 1.23 FINAL CLEAN-UP A. Upon completion of any portion of work, promptly remove temporary facilities generated by that portion of the work including surplus materials, equipment and machinery if so directed by the Landscape Architect, or the Owner; upon completion CITY OF TIGARD TREE PLANTING PROJECT GENERAL REQUIREMENTS OCTOBER 2013 SECTION 01000, PAGE 3 of the work, completely remove remaining temporary facilities. The Contractor shall also clean up street, and adjacent work areas. 1.24 GUARANTEES A. Provide written certification that all work has been completed in strict compliance with Drawings and Specifications before requesting final inspection. 1.25 FINAL PUNCH LIST A. Landscape Architect shall prepare punch list when notified by Contractor that work is completed. Landscape Architect will conduct one final inspection only. All further inspections or punch lists as required will be made at $90.00 per trip, at Contractor's expense. (Note: Failure of Landscape Architect to include any items on punch list does not alter responsibility of Contractor to complete work in accordance with Contract Documents.) Deliver all items called for herein under various specification sections to Landscape Architect at completion of work. END OF SECTION CITY OF TIGARD TREE PLANTING PROJECT GENERAL REQUIREMENTS OCTOBER 2013 SECTION 01000, PAGE 4 SECTION 02950 TREES PART1 GENERAL 1.1 CONDITIONS AND REQUIREMENTS A. Document 00005, Description of Work; apply to the work specified in this Section. B. The Landscape Contractor must have an Oregon Landscape Contractor's license (in good standing) and be bonded in the State of Oregon. 1.2 SECTION INCLUDES A. Labor, materials, equipment and supervision necessary to complete all work shown on the drawings and in the project manual. 1. Soil preparation 2. Weed eradication 3. Fine-finish grading 4. Grubbing 5. Trees 6. Tree staking and guying 1.3 RELATED SECTIONS A. Section 00005— Description of Work B. Section 01000 —General Requirements 1.4 QUALITY CONTROL A. Landscape Contractor to employ competent individual knowledgeable with landscape construction and plant material installation in the project area. Individual to be on-site at all times during installation of plant material. B. Protect stored plant material from sun, wind and freezing conditions. C. Protect all on-site stored plant material from acts of vandalism. D. Contractor shall schedule and conduct planting operations to minimize storage of plant materials on the project site. The location and conditions of storage shall be reviewed for approval by the Owner and the Project Manager. E. Before proceeding with the installation of any section of the landscaping, Contractor shall check and verify the correlation between ground measurements and the drawings. 1.5 DESIGN AND PLAN A. The layout of the landscape plan is schematic-follow as closely as is practical. B. The City has marked each tree location at each property with a WHITE painted circle. 1.6 DAMAGES CITY OF TIGARD STREET TREE PLANTING PROJECT TREES OCTOBER 2013 SECTION 02950, PAGE 1 A. All structures or facilities damaged by work of this project shall be restored to equal or better than original condition at the Contractor's expense and to the satisfaction of the City. 1.7 EXISTING UTILITIES A. The Contractor shall contact the Utility Notification Center at (800) 332-2344 at least 48 hours in advance of any utility locate request. The Contractor shall verify, locate, and identify, with visible marking, all existing underground utilities in the areas of work and maintain such markings until all work in those areas is complete. B. Should uncharted piping or other utilities be encountered during the execution of the work, the Contractor shall notify the City immediately and consult with the utility owner for instructions before proceeding with the work. C. The Contractor shall cooperate with the Owner and public or private utility companies in keeping their respective services and facilities in operation. If it becomes necessary to temporarily interrupt existing services or facilities, the Contractor must provide temporary utility services to the satisfaction of the City. 1.8 GUARANTEE AND REPLACEMENT A. Plant Material: Guarantee all plant material after final acceptance for a period of one full year. B. Tree Staking: Be responsible for tree staking for one full year after acceptance. Remove all staking after guarantee period. C. Limitations: Replace plant material not surviving or in poor condition; except only loss or damage due to vandalism, or acts and neglects on the part of others. 1.9 SUBMITTALS A. Sources and Delivery Dates: Provide list of sources and dates of estimated delivery of all plant material as specified upon signing Contract with City and prior to planting. PART 2 PRODUCTS 2.1 TREES A. General: Genus, species and variety, quantity, size and condition as indicated on the drawings. Plant material shall be healthy nursery stock, well branched, full foliaged when in leaf, free from disease, injury, insects, all weeds, and weed roots. Plant materials must meet requirements of American Standard for Nursery Stock, 2004 Edition, ANSI Z60.1. No cold storage plants. B. Nomenclature: Genus, species and variety as indicated on plant materials listing. Plant names conform to those given in Standardized Plant Names, 1942 Edition; names of varieties accepted in nursery trade. C. Quantities, Sizes and Varieties: Exact quantities of named species and varieties of plant material shall be governed by that shown on the planting plan. Overgrown plants which have been pruned back to the specified sizes will not be accepted. In the event of a CITY OF TIGARD STREET TREE PLANTING PROJECT TREES OCTOBER 2013 SECTION 02950, PAGE 2 discrepancy between material listings or labeling on the plans, the indicated plant spacing or graphic location shall govern the number of items installed. D. Condition: Balled and burlapped (B&B) stock shall have a natural ball sufficient to ensure survival and healthy growth. 2.2 TOPSOIL A. Topsoil: 1. Landscape Contractor is responsible for supplying and installing required topsoil. 2. Topsoil to be representative of the area, fertile, friable, free from rocks, roots, noxious weeds, sticks and other foreign materials harmful to plant growth. 2.3 FERTILIZERS A. General: Approved brands meeting requirements or applicable state fertilizer laws. Uniform in composition, dry and free flowing. Deliver to the site in original unopened containers, each bearing the manufacturer's guaranteed analysis. 1. Commercial Mix'B' - 50% Slow Release Nitrogen, Inorganic 16-16-16-5. 2. Commercial Mix'C' - 10-15-10 Slow Release, as manufactured by Webfoot Fertilizer Company, Portland, Oregon, or equal. 3. Agricultural Gypsum. 4. Best-Paks, 20-10-5, or equal. 2.4 TEXTURAL SOIL AMENDMENTS A. Garden Care Compost, as supplied by Grimm's Fuel Company, Sherwood, Oregon, 503-625-6532, or approved. 2.5 TREE GUYING AND STAKING MATERIALS A. Wood Tree Stakes: 2x2 S4S, Hardwood, 8' lengths, free of knot holes or grain defects, treated with two liberal coats of Olympic stain number 713 finish preservative (two per deciduous tree, three per conifer). B. Tree Ties: "Gro-Strait"tree ties. New 2-ply, '/2", improved garden hose or approved equal. C. Guy Wire and Stakes: 12-gauge steel wire, galvanized, use double strand. D. Additional Requirements: Meet other detail requirements as shown on plan and details. 2.6 ANTI-DESICCANT/ANTI-TRANSPIRING SPRAY A. Wilf-Pruf or Vapo-Guard. 2.7 MULCH MATERIALS A. Free from noxious weed seed and all foreign material harmful to plant life. Fir or Hemlock bark, medium grind, -1/5 + 3/4" sizes; submit sample for approval. CITY OF TIGARD STREET TREE PLANTING PROJECT TREES OCTOBER 2013 SECTION 02950, PAGE 3 PART 3 EXECUTION 3.1 GENERAL A. Remove from all planting areas, stones, mortar, concrete, asphalt, rubbish, construction debris, and any other materials harmful to plant life. Additional excavation may be required at tree and shrub locations to obtain proper soil depth for root ball. 3.2 WEED ERADICATION AND CONTROL A. Application of Herbicides: Application of herbicides for weed control as may be required, may be made only by approved applicator licensed by the State of Oregon. B. Spray: Spray as required to eradicate all grasses, noxious weed growth and roots (two applications minimum). C. Restrictions: Kill achieved by working soil is not permissible. 3.3 GRUBBING A. Root and Vegetation Removal: 1. Dig out and remove tree and shrub stumps, weeds, dead and live organic fiber materials, and tree and plant roots over 1-1/2 inches in diameter, matted and vine roots to 12 inches below finished grade, except within the drip line of plants indicated to remain. 2. Use hand shovels for grubbing within the drip line of plants indicated to remain. 3. Treat cut roots and stumps over 1-1/2 inches in diameter to prevent new growth. 4. Dig out and remove tree and shrub roots over 1-1/2 inches in diameter and matted roots within 5 feet of new building perimeter and within 2 feet of new paving, curb, and walk areas. 5. Dig out and remove roots from landscape areas to 12 inches below finished grade. B. Backfilling Existing Soil Depressions: 1. Backfill depressions caused by grubbing with on site subsoils, except in areas where further excavation or grading is required. 2. Place backfill in depressed areas in horizontal layers not exceeding 6 inches before compaction. 3.4 SOIL PREPARATION FOR PLANTING AREAS A. Refer to tree planting detail. 3.5 PLANTING OF TREES A. Appearance: Plant trees and shrubs upright and face to give best appearance or relationship to adjacent plants and structures. B. Weather Conditions: Planting operation to begin as soon as weather conditions permit by accepted local practice. C. Layout Approval: Layout of planting areas to be approved by the Project Manager prior to installation. D. Excavation of Holes: All planting holes shall be excavated twice the size of the tree, CITY OF TIGARD STREET TREE PLANTING PROJECT TREES OCTOBER 2013 SECTION 02950, PAGE 4 shrub or groundcover root ball or root system. Trees to be planted on undisturbed subgrade where possible. E. Prior to placement of each tree and shrub, place Best-Pak according to manufacturer's recommendations in the bottom of each hole. F. Balled and Burlapped Materials: Loosen and remove carefully twine binding and burlap from top of root balls. Stake or guy trees immediately after planting each tree. G. Roots: Cut off cleanly all broken or frayed roots. H. Pruning: Prune trees and shrubs to remove damaged branches, improve natural shape and thin not more than 15% of branches. I. Backfilling: Place and compact lightly backfill soil mixture carefully to avoid injury to roots, fill all voids. J. Watering: When hole is filled, completely soak and allow water to soak away. Fill holes to finish grade and prepare for other work indicated. 3.6 Apply weed killer according to the manufacturer's directions on the planting beds, after planting and before mulching. No weed killer shall be applied to areas of future bulb plantings. Herbicide must be applied by a licensed chemical applicator. The Landscape Contractor shall use his best judgment during application procedures to avoid lateral movement of chemical into lawn areas. The Landscape Contractor may elect to skip certain portions of planting beds if lateral movement of chemical cannot be avoided. Notify the Project Manager of areas that did not receive herbicide. Landscape Contractor is still responsible for weed control through maintenance period. 3.7 WATERING EQUIPMENT A. Hose and other watering equipment required for performance of work to be furnished by Landscape Contractor. 3.8 CLEAN-UP A. Keep premises reasonably free from accumulation of debris, equipment and surplus materials. Leave project site in neat and orderly condition as close to existing condition prior to planting as possible. B. All project area ground disturbances due to work performed are to be left as close to existing condition prior to planting as possible. C. Restore all damaged areas to the condition existing prior to start of Work. D. Remove tape tags from planted trees. E. Remove soil materials and plant cutting debris from finished site surfaces, roads, curbs, gutters, walks, and drive lanes. 3.9 MAINTENANCE A. None END OF SECTION CITY OF TIGARD STREET TREE PLANTING PROJECT TREES OCTOBER 2013 SECTION 02950, PAGE 5 2"X 2" HARDWOOD 8'-0" TREE STAKES DO NOT PENETRATE ROOT BALL. (3 STAKES PER TREE - ONE COAT OLYMPIC STAIN #713 REQUIRED) TREE TIES RUBBER HOSE W 12 GAUGE GALV. WRE. CUT & REMOVE BOTTOM OF WIRE BASKET REMOVE BURLAP & TWINE FROM TOP OF BALL AFTER STAKING. PLACE TOP OF ROOTBALL 3" MIN. ABOVE ADJACENT FINISH GRADE OF PLANTING OR TURF AREA. >a 3'-0" MIN. DIA. MULCH CIRCLE WATER BASIN 1 1/2" MIN. DEPTH (TURF AREAS) u UNLESS OTHERWISE NOTED. n BACKFILL SOIL MIXTURE AS SPECIFIED. SCARIFY WALLS & BOTTOM OF PLANTING PIT. TREE ROOT BARRIER INDS MODEL EP-1850 UNLESS OTHERWISE NOTED. z SET ROOTBALL ON UNDISTURBED SOIL. i� BEST-PAKS AS SPECIFIED. TREES & SHRUBS TYP. 2 X DIA. OF ROOT BALL *ROOT BARRIER REQ'D. WHERE TREES ARE WITHIN 5'-0" OF ANY CURB OR SIDEWALK EDGES - MIN. 6'-0" LENGTHS REQUIRED ALONG EACH SIDE OF CURB/SIDEWALK. INSTALL PER MANUFACTURER'S TREE PLANTING DETAIL SPECIFICATIONS NOTES NTS 1. B&B STOCK MAY BE SUBSTITUTED WITH CONTAINER STOCK OF EQUAL GRADE. 2. CONTAINER STOCK MAY BE SUBSTITUTED WITH B&B STOCK OF EQUAL GRADE. 3. PLANT MATERIAL SHALL CONFORM WITH AMERICAN STANDARD FOR NUSERY STOCK, ANSI Z60.1, 2004 EDITION. 4. ALL TREES SHALL BE BRANCHED. 5. MULCH ALL PLANTING BEDS WITH 2" MIN. LAYER OF SPECIFIED MULCH. 6. IN THE EVENT OF A DISCREPANCY BETWEEN THIS MATERIAL LISTING AND THE DRAWINGS, THE DRAWINGS SHALL GOVERN THE PLANT SPECIES AND QUANTITIES REQ. 7. IN THE EVENT OF QUESTION OR LACK OF CLARITY ON DRAWINGS, LANDSCAPE CONTRACTOR IS TO CALL LANDSCAPE ARCHITECT BEFORE PROCEEDING. 8. LANDSCAPE CONTRACTOR IS TO NOTIFY LANDSCAPE ARCHITECT PRIOR TO INSTALLATION OF PLANT MATERIAL. 9. LANDSCAPE CONTRACTOR TO VERIFY ALL QUANTITIES OF PLANT MATERIAL. 10. LANDSCAPE CONTRACTOR REQUIRED TO OBTAIN UTILITY LOCATES PRIOR TO STARTING WORK. DETAIL: DRAWN: TAM STREET TREE PLANTING PROJECT 1���Jjjjjj MEARSDE CHECKED: TAM TREE PLANTING DETAIL SE SIGN GROUPt DATE: 10/16/2013 LANDSCAPE ARCHITECTURE&PLANNING JOB NO.: 1347 CITY OF TIGARD,OREGON PO Box 23338 1 TIGnRD,OREGCN 1 97223 PHoNE:503.601,4516 I FAx:503.924.4688 m m E a a�.c d i E-`• ami ul m �Y E w m o o 0 o d = r U C O O m O moo a d o rno r m c�n0.� aE m� Z r o.. o o .3-a y m m `� m 3 00 ai da S 02 E t5 Tia G a dcc m�'n mox�10cm °�-o me E�`o o aEi? oE o m �' `� mmm 0 �O'm c�$ o � aEicaE `o z y U H U H ams a aU af o o ° m m U d o a m 3 C� z w c n 0 o ¢ o E E nt 2 C U O C a > d C N V N N O O O C? 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N• :x..#r .f � ■ � i\R � Mau k � ■ � E .% ! z� _ CO) [ o q | /Lo $ 7 § ® �0 | � cu 2» « � \\ ` a \\ LL � CD c / o � k \ ° 2 (\ !\CIE � =e& j \ ©# ƒ ® k\\ 7 2�E t � • 6 §� : Q � m W « � ?. ula _ . : r = . eya 22 � £ .4 . � { / : a m � \ / / / / ^/■ �� \ : 2 n . o \ § / / MURZ co / 2 / y \ » : } � e (n CM} f \ A, / gz FiL z � ■ � . .�. « � « , �; �4 4 � \ � /\\ « ) MN ! , CO / \ \ a)\CO \�\ a �/ \ G G \\ | ^ Ln \ o ; : 2 co \ < { g)R 2 � � G . .. . . $ _ ^�\/^ . EXHIBIT B CONTRACTOR'S PROPOSAL SECTION 00300 BID FORM BID DUE DATE: Friday, November 8, 2013 TIME: 2:00 P.M. PLACE: Mears Design Group, LLC PO Box 23338 Tigard, OR 97281 Email: troym(cDmearsdesigngroup.com or Fax: 503.924.4688 TO: Troy Mears Bidders: The undersigned Landscape Contractor declares that he/she has carefully examined the Drawings and Specifications,that he/she has made an examination of the site of the proposed Work and is satisfied as to all conditions to be encountered. The undersigned hereby proposes to furnish all material and labor, and perform all work to complete the Work in strict accordance with the Drawings and Specifications prepared by the firm of Mears Design Group, LLC, PO Box 23338, Tigard, Oregon 97281, for the sum of: PROVIDE AND INSTALL TREE PLANTING AS SHOWN IN CONSTRUCTION DOCUMENTS— DATED 10/2013 AND AS IDENTIFIED IN/ FIELD. t 'L 1,i rn( VI f. ,b l �'� L 'lV/� {_ _ Dollars and _Cents.($ AND TO BE BOUND BY THE FOLLOWING DOCUMENTS: Attachement A: 1012013 Exhibits: 1012013 SECTION 00005: Description of Work Tree Planting Detail SECTION 00300: Quotation Form Street Tree Planting Schedule SECTION 01000: General Requirements Project Location Map SECTION 02950: Trees Site Location Maps RESIDENT/NONRESIDENT LANDSCAPE CONTRACTOR STATUS Oregon law requires that the Owner, in determining the lowest responsive Landscape Contractor, must add a percent increase on the bid of a non resident Landscape Contractor equal to the percent, of any, of the preference given to that Landscape Contractor in the state in which that Landscape Contractor resides. Consequently, each Landscape Contractor must indicate whether it is a resident or nonresident Landscape Contractor. A resident Landscape Contractor is a contractor that has paid unemployment taxes or income taxes in the State of Oregon during the 12 calendar months immediately preceding submission of this bid, has a business address in Oregon, and has stated in its quotation whether the Landscape Contractor is a"Resident Landscape Contractor". A"non-resident Landscape Contractor' is an Irrigation Contractor who is not a resident Landscape Contractor. CITY OF TIGARD TREE PLANTING PROJECT BID FORM OCTOBER 2013 SECTION 00300, PAGE 1 The Landscape Contractor listed above is: (check one) 1. A resident Landscape Contractor 2. A nonresident Landscape Contractor Indicate state in which Landscape Contractor resides: SECTION 00300 QUOTATION FORM 00300-2 The undersigned agrees to hold this proposal open for sixty (60) days following Quotation Opening, and to enter into and execute the Agreement if awarded on the basis of this proposal. The undersigned also agrees that he shall be held responsible for a period of one (1)year after the date of final acceptance of the project, guaranteeing to replace at Landscape Contractors own expense any defective work due to poor material or poor workmanship. The undersigned acknowledges receipt of addenda No. Federal Tax Identification No. In5�°� The name of the Firm submitting this proposal is: Signature of Authorized Agent:'" Title: 'IlLs i JT^ Business Address of Landscape Contractor: ) Phone: (0�7.'�J32 Fax: Oregon Contractors License No.: Workers Compensation Insurance Company: Sir Workers Compensation Policy/Binder No.: -7�Z� Dated thisl day of ! k k' , 2013. END OF QUOTATION FORM CITY OF TIGARD TREE PLANTING PROJECT BID FORM OCTOBER 2013 SECTION 00300, PAGE 2