Mountain View Tree Service ~ C150026 i
City of Tigard
September 14, 2015
1
Mountain View Tree Service
10250 SW Tigard Street
Tigard, Oregon 97223
RE: City of Tigard Certified Arborist and Tree Services Contract
Period: September 1"',2015 through August 31", 2016 9'
CONTRACT NOTICE OF AWARD - RENEWAL
Dear Mr.Jackson,
The City of Tigard has determined that your company has performed in accordance with the
requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension
clause contained in the terms and conditions of the Agreement, desires to exercise its first (V) and
extension to the Contract effective from 9/1/2015 through 8/31/2016. This renewal period shall be
governed by the specifications, pricing, and the terms and conditions set forth per the above
referenced Contract.
Please acknowledge acceptance of this renewal by signing this document in the space
provided below and returning it to me within ten (10) days. You may keep a copy for your
records.
The City looks forward to doing business with Mountain View Tree Service.
Sincerely,
Aaron Rivera
Business Manager
503-718.2461
aaronr@tigard-or.gov
I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all
requirements, terms,and conditions as set forth in the above referenced Contract
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Company: 1 SOU 0'V FSI V\) V 1-W Let—�QN�Csi ed:
Date:CC 11S 116 Printed: Ac"n"n ,&Ze>4'Ljn3
13125 SW Hall Blvd. 0 Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
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1
CITY OF TIGARD,OREGON- CONTRACT SUMMARY FORM
THIS FORMMUST ACCOMPANY EVERY CONTRACT
Contract Title: General Tree care and certified arborist service Number: V
Contractor: Mountain View Tree Service Contract Total: $20,000
Contract Overview: These specifications are for arborist duties, tree pruning, tree removal and stump
grinding services on City property and public right-a-way on an"as needed"
basis.
Initial Risk Level: ❑ Extreme ❑ High ❑ Moderate ® Low
Risk Reduction Steps: Contract insurance provided
Risk Comments:
Risk Signature:
Contract Manager: Greg Stout Ext: 2817 Department: Parks Department
Type: ❑ Purchase Agreement ® Personal Service ❑ General Service ❑ Public Improvement
❑ IGA ® Other: Start Date: 9/3/2014_ End Date: 8/31/15
Quotes/Bids/Proposal: FIRM AMOUNT/SCORE
The Davey Tree Expert
Mountain View Tree Service
Account String: Fund-Division-Account Work Order—ActivitTT`22e Amount
Year 1 100.6100.54001 $20,000
Year 2 100.6100.54001 $20,000
Year 3 100.6100.54001 $20,000
Year 4 100.6100.54001 $20,000
Year 5
Approvals - LCRB Date:
Department Comments:
Department Signature:
Purchasing Comments:
Purchasing Signature:
City Manager Comm s:
City Manager Signature: !L
After securing all required approvals,forward original copy to the Contracting and Purchasing Once along with a
completed Contract Checklist.
Contract
CITY OF TIGARD,OREGON
PERSONAL SERVICES CONTRACT
GENERAL TREE CARE AND CERTIFIED ARBORIST SERVICES
THIS AGREEMENT made and entered into this Yd day of September, 2014 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Mountain View Tree
Service,hereinafter called Consultant.
RECITALS
WHEREAS, the City's 2014-2015 fiscal year budget provides for general tree care and certified arborist
services;and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge, and
experience possessed by Consultant,and
WHEREAS, City has determined that Consultant is qualified and capable of performing the professional
services as City does hereinafter require,under those terms and conditions set forth,
THEREFORE,the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Consultant shall initiate services immediately upon receipt of City's notice to proceed together with
an executed copy of this Agreement. Consultant agrees to complete work that is detailed in Exhibit
A and by this reference made a part hereof. Any and all work assigned by the City will be contained
in subsequent scope of work as needed
2. EFFECTIVE DATE AND DURATION
This Agreement shall become effective upon the date of execution, and shall expire, unless
otherwise terminated or extended, on August 31,2015. The Parties may agree on four (4) additional
one-year terms in writing no less than 60 days before the end of any contract year. The total term of
this Contract shall not exceed five (5) years. All work under this Agreement shall be completed
prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Consultant in accordance with the fee schedule outlined in Exhibit B for
performance of those services described herein and in any subsequent agreements that arise from
the work under this Agreement. It is the intent of the City to contract with multiple firms for the work
detailed in Exhibit A and the total between the contracts may not exceed One Hundred Thousand and
No/100 Dollars ($100,000.00) over the life of the contract. There is no guarantee of a set amount of
work given to any particular Contractor. It is the City's intent to direct the work to the Contractor that
best meets the City's needs at that time. Any and all payments made to the Consultant shall be based
upon the following applicable terms:
A. Payment by City to Consultant for performance of services under this Agreement includes all
expenses incurred by Consultant, with the exception of expenses, if any identified in this
Agreement as separately reimbursable.
B. Payment will be made in installments based on Consultant's invoice, subject to the approval of
the City Manager, or designee, and not more frequently than monthly. Payment shall be made
only for work actually completed as of the date of invoice.
C. Payment by City shall release City from any further obligation for payment to Consultant, for
services performed or expenses incurred as of the date of the invoice. Payment shall not be
considered acceptance or approval of any work or waiver of any defects therein.
D. Consultant shall make payments promptly, as due, to all persons supplying labor or materials for
the prosecution of this work.
E. Consultant shall not permit any lien or claim to be filed or prosecuted against the City on any
account of any labor or material furnished.
F. Consultant shall pay to the Department of Revenue all sums withheld from employees pursuant
to ORS 316.167.
G. If Consultant fails, neglects or refuses to make prompt payment of any claim for labor or
services furnished to Consultant or a subcontractor by any person as such claim becomes due,
City's Finance Director may pay such claim and charge the amount of the payment against funds
due or to become due the Consultant. The payment of the claim in this manner shall not relieve
Consultant or their surety from obligation with respect to any unpaid claims.
H. Consultant shall pay employees at least time and a half pay for all overtime worked in excess of
40 hours in any one week except for individuals under the contract who are excluded under
ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime.
I. Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury to the employees of Consultant or all sums which Consultant
agrees to pay for such services and all moneys and sums which Consultant collected or deducted
from the wages of employees pursuant to any law, contract or agreement for the purpose of
providing or paying for such service.
J. The City certifies that sufficient funds are available and authorized for expenditure to finance
costs of this contract during the current fiscal year. Funding during future fiscal years shall be
subject to budget approval by Tigard's City Council.
4. OWNERSHIP OF WORK PRODUCT
City shall be the owner of and shall be entitled to possession of any and all work products of
Consultant which result from this Agreement,including any computations,plans,correspondence or
pertinent data and information gathered by or computed by Consultant prior to termination of this
Agreement by Consultant or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the
written consent of the other and no assignment shall be of any force or effect whatsoever unless and
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until the other party has so consented. If City agrees to assignment of tasks to a subcontract,
Consultant shall be fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them, and neither the approval by City of any subcontractor nor anything
contained herein shall be deemed to create any contractual relation between the subcontractor and
City.
6. STATUS OF CONSULTANT AS INDEPENDENT CONSULTANT
Consultant certifies that:
A. Consultant acknowledges that for all purposes related to this Agreement, Consultant is and shall
be deemed to be an independent Consultant 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 Consultant 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 Consultant under the terms of this Agreement, to the full extent of any
benefits or other remuneration Consultant receives (from City or third party) as a result of said
finding and to the full extent of any payments that City is required to make (to Consultant or to
a third party) as a result of said finding.
B. The undersigned Consultant hereby represents that no employee of the City, or any partnership
or corporation in which a City employee has an interest, has or will receive any remuneration of
any description from Consultant, either directly or indirectly, in connection with the letting or
performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Consultant certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed his or
her normal charge for the type of service provided.
Consultant and its employees, if any, are not active members of the Oregon Public Employees
Retirement System and are not employed for a total of 600 hours or more in the calendar year by
any public employer participating in the Retirement System.
C. Consultant shall obtain,prior to the execution of any performance under this Agreement, a City
of Tigard Business License. The Tigard Business License is based on a calendar year with a
December 31st expiration date. New businesses operating in Tigard after June 30th of the
current year will pay a pro-rated fee though the end of the calendar year.
D. Consultant is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. INDEMNIFICATION
City has relied upon the professional ability and training of Consultant as a material inducement to
enter into this Agreement. Consultant represents that all of 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 Consultant's work
by City shall not operate as a waiver or release.
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Consultant agrees to indemnify and defend the City, its officers, employees, agents and
representatives and hold them harmless from any and all liability, causes of action, claims, losses,
damages, judgments or other costs or expenses including attorney's fees and witness costs (at both
trial and appeal level, whether or not a trial or appeal ever takes place including any hearing before
federal or state administrative agencies) that may be asserted by any person or entity which in any
way arise from,during or in connection with the performance of the work described in this contract,
except liability arising out of the sole negligence of the City and its employees. Such indemnification
shall also cover claims brought against the City under state or federal worker's compensation laws.
If any aspect of this 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.
8. INSURANCE
Consultant and its subcontractors shall maintain insurance acceptable to City in full force and effect
throughout the term of this contract. Such insurance shall cover risks arising directly or indirectly
out of Consultant's activities or work hereunder, including the operations of its subcontractors of
any tier.
The policy or policies of insurance maintained by the Consultant shall provide at least the following
limits and coverages:
A. Commercial General Liability Insurance
Consultant shall obtain, at Consultant's expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an "occurrence" form (CG 2010 1185 or equivalent). This coverage shall include
Contractual Liability insurance for the indemnity provided under this contract. The following
insurance will be carried:
Coverage Limit
General Aggregate $3,000,000
Products-Completed Operations Aggregate $2,000,000
Personal&Advertising Injury $1,000,000
Each Occurrence $2,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Consultant shall also obtain, at Consultant'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 Consultant uses a personally-owned vehicle for business use under this contract, the
Consultant shall obtain, at Consultant'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.
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C. Workers'Compensation Insurance
The Consultant, 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. Consultants 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 Consultant must be underwritten by an insurance company deemed
acceptable by the City. All policies of insurance must be written by companies having an A.M.
Best rating of"A-VII" or better, or equivalent. The City reserves the right to reject all or any
insurance carrier(s)with an unacceptable financial rating.
F. Self-Insurance
The City understands that some Consultants 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 Consultant is self-insured for commercial
general liability or automobile liability insurance the Consultant must provide evidence of such
self-insurance. The Consultant 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 Consultant shall furnish a
Certificate of Insurance to the City. No contract shall be effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Independent Consultant Status
The service or services to be rendered under this contract are those of an independent
Consultant. Consultant is not an officer, employee or agent of the City as those terms are used
in ORS 30.265.
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I. Primary Coverage Clarification
The parties agree that Consultant's coverage shall be primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
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 Consultant's liability hereunder.
Notwithstanding said insurance, Consultant shall be obligated for the total amount of any damage,
injury, or loss caused by negligence or neglect connected with this contract.
9. METHOD &PLACE OF SUBMITTING NOTICE,BILLS AND PAYMENTS
All notices, bills and payments shall be made in writing and may be given by personal delivery,mail
or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The following
addresses shall be used to transmit notices,bills,payments,and other information:
Attn: Greg Stout,Environmental Prgm Coord Attn: Paul Jackson
Address: 13125 SW Hall Boulevard Address: 10250 SW Tigard Street
Tigard, Oregon 97223 Tigard, Oregon 97223
Phone: (503) 718-2817 Phone: (503) 363-0991
Fax: (503) 684-7297 Fax: (503) 991-5609
Email: gregsntigard-or.gov Email:
and when so addressed, shall be deemed given upon deposit in the United States mail, postage
prepaid, or when so faxed, shall be deemed given upon successful fax. In all other instances,
notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be
made in the names and addresses of the person to who notices, bills and payments are to be given
by giving written notice pursuant to this paragraph.
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10. MERGER
This writing is intended both as a final expression of the Agreement between the parties with respect
to the included terms and as a complete and exclusive statement of the terms of the Agreement. No
modification of this Agreement shall be effective unless and until it is made in writing and signed by
both parties.
11. PROFESSIONAL SERVICES
The City requires that services provided pursuant to this agreement shall be provided to the City by
a Consultant that does not represent clients on matters contrary to City interests. Further,
Consultant shall not engage services of an attorney and/or other professional who individually, or
through members of his/her same firm,represents clients on matters contrary to City interests.
Should the Consultant represent clients on matters contrary to City interests or engage the services
on an attorney and/or other professional who individually, or through members of his/her same
firm, represents clients on matters contrary to City interests, Consultant shall consult with the
appropriate City representative regarding the conflict.
After such consultation, the Consultant shall have seven (7) days to eliminate the conflict to the
satisfaction of the City. If such conflict is not eliminated within the specified time period, the
agreement may be terminated pursuant to Section 13 (B) (3) of this agreement.
12. TERMINATION WITHOUT CAUSE
At any time and without cause, City shall have the right in its sole discretion, to terminate this
Agreement by giving notice to Consultant. If City terminates the contract pursuant to this
paragraph,it shall pay Consultant for services rendered to the date of termination.
13. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Consultant, or at
such later date as may be established by City,under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services. This
Agreement may be modified to accommodate a reduction in funds
2) If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement.
3) If any license or certificate required by law or regulation to be held by Consultant, its
subcontractors, agents, and employees to provide the services required by this Agreement is
for any reason denied,revoked,or not renewed.
4) If Consultant becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed
by or against Consultant,if a receiver or trustee is appointed for Consultant, or if there is an
assignment for the benefit of creditors of Consultant.
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Any such termination of this agreement under paragraph (a) shall be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Consultant,may terminate the
whole or any part of this Agreement:
1) If Consultant fails to provide services called for by this agreement within the time specified
herein or any extension thereof, or
2) If Consultant fails to perform any of the other provisions of this Agreement, or so fails to
pursue the work as to endanger performance of this agreement in accordance with its terms,
and after receipt of written notice from City, fails to correct such failures within ten (10) days
or such other period as City may authorize.
3) If Consultant fails to eliminate a conflict as described in Section 11 of this agreement.
The rights and remedies of City provided in the above clause related to defaults (including breach of
contract) by Consultant shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Consultant shall be entitled to receive as full
payment for all services satisfactorily rendered and expenses incurred, an amount which bears the
same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by
Consultant bear to the total services otherwise required to be performed for such total fee;provided,
that there shall be deducted from such amount the amount of damages,if any, sustained by City due
to breach of contract by Consultant. Damages for breach of contract shall be those allowed by
Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon
appeal.
14. ACCESS TO RECORDS
City shall have access to such books, documents, papers and records of Consultant as are directly
pertinent to this Agreement for the purpose of making audit,examination, excerpts and transcripts.
15. FORCE MAJEURE
Neither City nor Consultant shall be considered in default because of any delays in completion and
responsibilities hereunder due to causes beyond the control and without fault or negligence on the
part of the parties so disenabled,including but not restricted to, an act of God or of a public enemy,
civil unrest,volcano, earthquake, fire, flood, epidemic, quarantine restriction,area-wide strike, freight
embargo,unusually severe weather or delay of subcontractor or supplies due to such cause;provided
that the parties so disenabled shall within ten (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.
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16. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Consultant of any of the terms of
this Agreement or to exercise any rights hereunder should not be construed as a waiver or
relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future
occasion.
17. NON-DISCRIMINATION
Consultant agrees to comply with all applicable requirements of federal and state civil rights and
rehabilitation statutes, rules, and regulations. Consultant also shall comply with the Americans with
Disabilities Act of 1990, ORS 659A.142, and all regulations and administrative rules established
pursuant to those laws.
18. ERRORS
Consultant shall perform such additional work as may be necessary to correct errors in the work
required under this Agreement without undue delays and without additional cost.
19. EXTRA(CHANGES)WORK
Only the City's Project Manager for this Agreement may authorize extra (and/or change) work.
Failure of Consultant to secure authorization for extra work shall constitute a waiver of all right to
adjustment in the contract price or contract time due to such unauthorized extra work and
Consultant thereafter shall be entitled to no compensation whatsoever for the performance of such
work.
20. WARRANTIES
All work shall be guaranteed by Consultant for a period of one year after the date of final acceptance
of the work by the owner. Consultant warrants that all practices and procedures,workmanship and
materials shall be the best available unless otherwise specified in the profession. Neither acceptance
of the work nor payment therefore shall relieve Consultant from liability under warranties contained
in or implied by this Agreement.
21. ATTORNEY'S FEES
In case suit or action is instituted to enforce the provisions of this contract,the parties agree that the
losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs,
including attorney's fees and court costs on appeal.
22. GOVERNING LAW
The provisions of this Agreement shall be construed in accordance with the provisions of the laws
of the State of Oregon. Any action or suits involving any question arising under this Agreement
must be brought in the appropriate court of the State of Oregon.
23. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Consultant 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.
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24. 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 said terms of said proposal
conflicting herewith.
25. AUDIT
Consultant shall maintain records to assure conformance with the terms and conditions of this
Agreement, and to assure adequate performance and accurate expenditures within the contract
period. Consultant agrees to permit City,the State of Oregon, the federal government, or their duly
authorized representatives to audit all records pertaining to this Agreement to assure the accurate
expenditure of funds.
26. 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.
27. CONDITIONS OF SUPPLYING A PUBLIC AGENCY
Where applicable, seller must make payment promptly as due to persons supplying Consultant labor
or materials for the execution of the work provided by this order. Consultant must pay all
contributions or amounts due from Consultant to the Industrial Accident Fund incurred in the
performance of this order. Consultant shall not permit any lien or claim to be filed or prosecuted
against Buyer or any subdivision of City on account of any labor or material to be furnished.
Consultant further agrees to pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
28. HOURS OF LABOR
If labor is performed under this order, then no person shall be employed for more than eight (8)
hours in any one day, or forty (40) hours in any one week,except in cases of necessity, or emergency
or where the public policy absolutely requires it, and in such cases, except cases of contracts for
personal services as defined in ORS 279A.055, the labor shall be paid at least time and a half for all
overtime in excess of eight (8) hours a day and for all work performed on Saturday and on any legal
holidays as specified in ORS 279C.540. In cases of contracts for personal services as defined in
ORS 279A.055,any labor shall be paid at least time and a half for all hours worked in excess of forty
(40) hours in any one week, except for those individuals excluded under ORS 653.010 to 653.260 or
under 29 USC SS 201-209.
29. MEDICAL CARE AND WORKERS' COMPENSATION
Consultant shall promptly, as due, make payment to any person, co-partnership, association or
corporation, furnishing medical, surgical and hospital care or other needed care and attention
incident to sickness or injury,to the employees of such Consultant,of all sums which the Consultant
agrees to pay for such services and all moneys and sums which the Consultant collected or deducted
from the wages of the employees pursuant to any law, Consultant agreement for the purpose of
providing or paying for such service.
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30. COMPLETE AGREEMENT
This Agreement, including the exhibits, is intended both as a final expression of the Agreement
between the Parties and as a complete and exclusive statement of the terms. In the event of an
inconsistency between a provision in the main body of the Agreement and a provision in the Exhibits,
the provision in the main body of the Agreement shall control. In the event of an inconsistency
between Exhibit A and Exhibit B,Exhibit A shall control.
No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless
in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be
effective only in specific instances and for the specific purpose given. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this Agreement.
Consultant, by the signature of its authorized representative, hereby acknowledges that he/she has
read this Agreement,understands it and agrees to be bound by its terms and conditions.
IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized
undersigned officer and Consultant has executed this Agreement on the date hereinabove first written.
CITY O11 F TIGARD MOUNTAIN VIEW TREEfSECE
jA1*1 AV '411 a
4.
By: Ma4y Wine, Ci Manager By:Authorized AgeKt of Consultant
Date Date
111 Page
EXHIBIT A
SERVICES TO BE PROVIDED
These specifications are for arborist duties, tree pruning, tree removal and stump grinding services on City
property and public right-a-way on an"as needed"basis. The City's Project Manager shall dispatch work by
telephone. The Contractor shall be required to begin each job promptly in accordance with the following:
• Tree pruning shall begin no longer than two working days after it was dispatched (unless otherwise
permitted by the City's Project Manager).
• Tree removal shall begin no longer than two working days after it was dispatched (unless otherwise
permitted by the City's Project Manager).
• Stump grinding shall begin no longer than five working days after it has been dispatched (unless
otherwise permitted by the City's Project Manager).
• Certified Arborist Tree evaluation and reports shall begin no longer than two working days after it
was dispatched (unless otherwise permitted by the City's Project Manager).
• Once the Contractor commences work at a site, it shall be completed in a timely manner- no more
than three working days.
1. DETAILED SPECIFICATIONS
Work shall include,but shall not be limited to the following:
A. Work Standards
All work described shall be performed according to the American National standard for Tree Care
Operations - Pruning, Trimming, Repairing, Maintaining, and Removing Trees, and Cutting Brush -
Safety Requirements (ANSI Z133.1-2006), and the American National Standard for Tree Care
Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices (Most current
version of ANSI A300). These standards are made part of this contract by reference. Work shall
also be done in accordance with The Tigard Tree Manual-Resolution No. 02-69 and Tigard
Municipal Code.
1) Tree Removal
Contractor shall remove the trees in accordance with all safety standards and regulations listed
herein and with the following minimum requirements:
a) Contractor shall begin each job promptly;no longer than two work days after it is dispatched
by the City (unless otherwise permitted by the Project Manager).
b) Extreme care shall be taken to prevent limbs, branches, and trunks from falling and creating
damage to adjacent homes, driveways, streets, sidewalks,landscaping and other property.
c) Branches that are larger than 6 inches in diameter at one end shall be lowered to the ground
through the use of ropes or other mechanical devices. They shall not be dropped or allowed
to fall.
d) Stumps shall not be left higher than 6 inches above ground level (unless otherwise permitted
by the Project Manager).
e) Contractor shall clean up all wood, sawdust and debris each day before the work crew leaves
a site,unless permission is given by the City to do otherwise.All lawn areas shall be raked,all
streets and sidewalks swept, and all brush, branches and logs shall be removed from the site.
In the case of dispute, the City may remove the wood and debris and charge the cost to the
Contractor,as the City shall determine to be just.
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1) All wood products removed under this contract shall become the property of the Contractor
and be disposed of by him/her.
g) Contractor shall restore any damaged turf areas and repair any other damage caused by the
tree removal operation.
h) Once the Contractor commences work at a site,it shall be completed in a timely manner;no
more than two work days unless permission is given by the City to extend the completion
time.
2) Tree Stump Removal
Contractor shall remove tree stumps in accordance with all safety standards and regulations
listed herein and with the following minimum requirements:
a) Contractor shall begin each job promptly;no longer than five work days after it is dispatched
by the City.
b) Stumps and bracing roots shall be ground to at least 18 inches below grade. Additionally,
the Contractor shall remove root flares and surface roots up to three feet from the stump to
eliminate "humps" in the lawn area adjacent to the stump. These roots shall be ground
down 4 inches below the ground line. The area then shall be restored with topsoil to the
level of the adjoining grade. Grade shall be defined as the level of surrounding ground not
lifted by tree roots.
c) Stumps to be removed shall be designated by the City's Project Manager or representative.
d) Within twenty-four hours after grinding (removal) of a tree stump and buttress roots, the
Contractor shall remove all stump grindings and associated debris from the site. Grinding
debris generated by work described in this contract will be the responsibility of the
Contractor. Contractor shall remove and dispose of all chips, sawdust and associated debris
unless otherwise directed by the City's Project Manager. Stumps, grindings and debris shall
be placed away from the curb and gutter, street, sidewalk and private property immediately
to eliminate hazards to the motoring public and pedestrians and to eliminate damage to
private property.
e) All areas where stumps have been removed and areas disturbed by the removal operations
shall be back filled to the level of adjoining grade with pulverized topsoil the same day
grindings are removed. Otherwise, the site shall be properly barricaded overnight to ensure
the safety of the public. All holes must be filled with topsoil by the second day. Contractor
must supply the topsoil. The topsoil shall be properly leveled and compacted so as to ensure
a minimum amount of settlement of the backfill material. If there is more than a one-day
delay between the time of removal of grindings and refilling with soil, the disturbed areas
shall be barricaded off for public safety and the Project Manager notified. Stump grindings
and debris shall not be used as backfill material unless directed by the City's Project
Manager.
fl Contractor shall clean up all wood, sawdust and debris each day before the work crew leaves
a site, unless permission is given by the City to do otherwise. All lawn areas shall be raked,
all streets and sidewalks swept, and all wood debris shall be removed from the site. In the
case of dispute, the City may remove the debris and charge the cost to the Contractor,as the
City shall determine to be just.
g) Once the Contractor commences work at a site,it shall be completed in a timely manner; no
more than two work days (unless otherwise permitted by the City's Project Manager).
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B. Safety Standards
1) Contractor shall, at all times, exercise adequate precautions for the safety of all persons,
including employees, in the performance of the subsequent agreement. Contractor shall abide
by all City,State and Federal safety regulations and guidelines.
2) Personal protective equipment
a) Workers engaged in tree operations shall wear Head protection. It shall comply with the
provisions of ANSI Z89.1
b) Eye and face protection when required shall comply with applicable provisions of ANSI
787.1.
3) Inadequate or improperly trained personnel, or employees in training, shall not be utilized for
work on stumps beyond such person's known capacity or ability to perform properly or safely
unless under the direct supervision of a qualified operator.
4) Contractor shall be solely responsible for pedestrian and vehicular safety and control within the
work site and shall provide the necessary warning devices, barricades, and ground personnel
needed to give safety, protection, and warnings to persons and vehicular traffic within the area.
Traffic control, including signage, flaggers, etc. is the responsibility of the contractor and shall
conform to ANSI Z133.1-2006. 4.4 and all applicable federal, state,and local regulations.
5) The City's Project Manager may require additional safety precautions where particular dangers
can be anticipated. Contractor shall comply with all such requests.
6) The City's Project Manager may advise the Contractor and the Safety Officer of any safety
violations. It is the Contractor's responsibility to make the necessary corrections. Failure to
correct safety violations shall be grounds for an order from the City's Code Enforcement Office
or Project Manager to cease further work and remove from the job site until the condition is
corrected. Time and wages lost due to such safety shutdowns shall be at the sole cost of the
Contractor and shall not relieve the Contractor of the obligation to complete the work on time.
7) Any of the above actions by employees of the City shall in no way relieve the Contractor of their
responsibility to provide for the safety of all persons,including their employees.
8) Whenever electric or telephone lines,gas lines,water lines, or any other improvements,public or
private, may be jeopardized by any authorized tree activity, the proper authorities of the utilities
involved, or property owner involved, shall be consulted prior to performing any work activity.
All requested reasonable precautions by any such authority or persons shall be complied with. It
is the Contractor's responsibility to determine the location of public or private utilities or
improvements.
9) All overhead and underground electrical conductors and all communication wires and cables
shall be considered to be energized with potentially fatal voltages. Only a qualified line clearance
tree trimmer or qualified line-clearance tree trimmer trainee shall be assigned to the work if it is
found that an electrical hazard exists. A trainee shall be under the direct supervision of a
qualified line-clearance tree trimmer. All work shall conform at the provisions and directives of
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the following portions of ANSI Z133.1-2006: 5.1 - General and 5.2 - Working in proximity- to
electrical hazards.
C. Protection of Propertv
1) Contractor shall protect from damage all utilities,improvements, buildings,vehicles and all other
property that is likely to become displaced or damaged by the execution of the work under any
subsequent contract. Any special equipment or devices needed to protect persons, property,
landscaping or utilities shall be the responsibility of the Contractor, and the costs of such
protection shall be included in the bid. The City will not pay any additional costs for special
protective actions,equipment or devices not included in any subsequent contract.
2) The Contractor shall notify all other affected governmental agencies and utilities whenever
underground work is done under the terms of this Contract. The Contractor is required to
obtain permission of the appropriate public and private utilities and governmental agencies
before performing underground work pursuant to the terms of any subsequent contract. The
Contractor shall be required to contact the Metropolitan Utilities Council—One Call, 1-800-332-
2344,prior to all projects requiring excavation.
3) Contractor shall be responsible for all property, utilities and pavement damaged by their
operations as shall be determined by the City's Project Manager administering the contract. The
Contractor shall be responsible for the costs of repairing all damage to property, utilities and
pavement caused by their operations to the satisfaction of the property owner or the
governmental body having jurisdiction over the road or utility.
D. Work Hours
Work for these services shall be scheduled Monday through Friday, between the hours of 8:00 am
and 4:00 pm. In instances of an emergency or work that cannot be scheduled during regular
business hours the Contractor may be requested to perform work on evenings, weekends or
holidays.
E. Observance of Laws, Ordinances and Regulations
Contractor shall be required to obtain the requisite permits from the City to do the work at each job
site.
The Contractor, at all times during the term of this contract, shall observe and abide by all Federal,
State and City laws which in any way affect the conduct of the work.The Contractor shall abide fully
with any and all applicable State and Federal statutes, rules and regulations as they relate to hiring,
wages, and any other applicable conditions of employment.
In the event that the work is not performed in accordance with this provision and in accordance
with the laws of the State of Oregon,then this Contract may be terminated by the City of Tigard for
the reason that the same is not performed in accordance with the public policy of the State of
Oregon as defined in said statutes.
F. Bonds/Licenses/Permits
Contractor shall procure and pay for all permits and licenses necessary for work under any
subsequent contract including those permits required by the City. In the event a necessary permit is
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not obtained, the Contractor shall not be permitted to work on items subject to said permit and any
delays caused thereby shall not be subject to extra compensation or extensions.
1) The Contractor shall have a valid City of Tigard Business Tax or Metro License.
2) The Stump Grinding Contractor shall have a State Contractor's License.
G. Underground Excavation
It is the Contractor's responsibility to fully comply with the Oregon Utility Notification Center (1-
800-332-2344) guidelines for locating utilities prior to any excavations. The Contractor may pursue
the parry responsible for not properly marking or identifying the underground facility. The
Contractor agrees not to file any claim or legal action against the City (division responsible for any
subsequent contract) for said "changed or differing" conditions unless said City division is solely
responsible for the delay or damages that the Contractor may have incurred.
H. Deductions for Uncorrected Work
If the City deems it expedient to correct work not done in accordance with the terms of any
subsequent contract,an equitable deduction from future payments under the contract shall be made.
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EXHIBIT B
CONSULTANT'S PROPOSAL
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The hourly cost is to include labor, consumable materials and supplies, overhead, supervision, mileage,
travel time, set-up and prep time,trip and truck charge necessary or incidental to providing tree pruning,
removal or other tree care related services.
LABOR CATEGORY HOURLY RATE MATERIALS
Certified Arborist:Consultation/Reports $95
Ground Person/Laborer $75
Tree Climber $95
*Tree Stump Removal $110
*Tree Stump Debris Removal $55
*Tree Stump Removal: Backfill/Topsoil $55 $40 per yard
Licensed Commercial Pestiside Applicator $80 cost+ 15%
Traffic Control Flaggers(4 hour minimum) $30 per flagger
Subcontracted Crane Services(15-70 ton) $125-$240
The hourly rates expressed below represent after normal working hours,weekends or holidays. Material
cost will remain the same.
LABOR CATEGORY HOURLY RATE HOURLY RATE HOURLY RATE
(EVENINGS) (WEEKENDS) (HOLIDAYS)
Certified Arborist: Consultation/Reports $150 $150 $150
Ground Person/Laborer $100 $100 $100
Tree Climber $125 $125 $125
*Tree Stump Removal $150 $150 $186
*Tree Stump Debris Removal $72 $72 $100
*Tree Stump Removal: Backfill/Topsoil $72 $72 $100
Licensed Commercial Pestiside Applicator $125 $125 $125
Traffic Control Flaggers(4 hour minimum) $45 per flagger $45 per flagger $45 per flagger
Subcontracted Crane Services(15-70 ton) $125-$240 $125-$240 $125-$240
*Tree stump removal specifications,section 4 part 2b, 1-7.