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The Davey Tree Expert ~ C150025 Ir.- 4 City o1 Tigard July 20, 2017 Davey Tree Services Mtn: Clay Erway PO BOX 56030 Portland, OR 97238 REF.: General Tree Care and Certified_arborist Sen-ices C150025 Period: September 1,2017 through August 31,2018 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Erway 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 third (3) one- year extension to the Contract effective from September 1, 2017 through August 31, 2018. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with The Davey Tree Expert Company. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 jamie@tigard-or.gov I/We hereby acknowledge acceptance of this Contract renewal, and agree to be bound by all requirements,terms,and conditions as set forth in the above referenced Contract. Compan;: ���I�/Pa! 7-ee Signed: Date: Printed: IFEE PROPOSAL FORM Regular!-?'ours Othar Rours Estimated Hrs Est. Arnual (annually) _Otals Servide i'ask (M-F, 8 AM—3 PNQ._..__._ I Certified Arborist $ l Per Hour S L Per Hour 15 $ Climber(with cre,., ) $ _Per Hour $ Per Hour 20 $� _ Stump!Grinding S _Per liour $�/Q�_Por Hour 25 $y f ail:r,b -nd Bucking 4' Per Hour $_j/O Per Hour 75 $ l3ucC.ct truck — Per Hour ' " _Pur Hour 10 $ .f;1r) C! �de `� Pruning $_bV _Per Hour i_ JJO Nen Hour 20 S_ Estimat,A Annual Total A/le,(CGS Pe'r 4^ fAtr S. (Note: Pk;as� provide esthT.imd annual tcta; based on regular hours. This amount is for comparing fee proposals only. This UP is for on-call service and actu:I yearly coAtract amount will vary based on the arnount ane scope of work called in.) C:ty Businurs Tt:x number: �l 7Federal lD No. State Contractor's License numbor for Stump Grinder: uunber of yt;ars in business: _ Number of employees: ( Jfla Ru.;istered with St. of Orcgon: Yes / No: if so, V.'hen:_/2e2o& Pk ase Complete if App icable: MBE ❑ `,JBE ❑ Th:; ur e:rsigned stutos that ho or she is authoriz::d to submit a quota on behalf of th;,corporation, partnership, or sole proprictorch:T listed below, and `urther states that the corporation, partnership,or sole proprietorship h.:reby agrcus to and is bound by the above offer. Firm: �.�� tiri� CJS ✓ Signed: __-_ --' ,:✓� -- Print Name: Addr,: :lss: ._)Q � K Ciiy'Stat&Zip: ;P 9723 C'eleploneNumber: - ?. T Zzz _ Fax;dumbcr: Email jAddress: C er ��r �� �—`� Date:_ S—�`09 i i `r. 1'..g 35 cniCicd.�rUorist and'!ice Services Clo_e_Wednesday April 39th,20,)9 M City of Tigard July 20, 2016 Davey Tree Services Attn: Clay Erway PO BOX 56030 Portland, OR 97238 REF.: General Tree Care and Certified Arborist Services C150025 Period: September 1,2016 through August 31,2017 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr.Erway The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement. Therefore, the City of Tigard, pursuant to the renewal/extension clause contained in the terms and conditions of the Agreement, desires to exercise its second (2) one-year extension to the Contract effective from September 1, 2016 through August 31, 2017. This renewal period shall be governed by the specifications, pricing, and the terms and conditions set forth per the above referenced Contract. Please acknowledge acceptance of this renewal by signing this document in the space provided below and returning it to me within ten (10) days. You may keep a copy for your records. The City looks forward to doing business with The Davey Tree Expert Company. Sincerely, a � Jamie Greenberg Purchasing Assistant 503-718-2492 jamie@dgard-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. Company:m11 ftl '1 (66 Signed: Date: Printed: CIO► G rGJ� City of Tigard CONTRACT CHANGE ORDER/ 13125 SW Hall Blvd. Tigard,Oregon 97223 = AMENDMENT SUMMARY Phone-(503) 639-4171 FIELD CHANGE ORDER FORM Fax-(503) 684-7297 r. ov Project Title: Gen.Tree Care and Arborist Service Project Manager: Greg Stout Contractor:Davey Tree Ori final Contract#: C150025 Effective Dates: 9/3/2014, 4 renewals Chane Order/Amendment Amount: NA Accounting String: 270.6150.54001 Amendment Percentage Running Total: NA AMENDMENT DETAILS This amendment removes the yearly not-to-exceed amount, the total value of the contract and renewal terms are unchanged. CHANGE ORDER DETAILS UNIT QTY UNIT$ TOTAL$ NA REASONING FOR CHANGE ORDER/AMENDMENT This amendment is needed for greater than anticipated expenses in the current contract period. Subsequent budget 2eriods will be managed to the NTE contract amount. BUDGET IMPACT AND REQUIRED ACTIONS Budget is available for the requested amendments. J,4REQUTIPG LAW&CIT MANAGER APPRO G CITY STAFF sigoature Signature Date Date Contractor is hereby authorized by the City of Tigard to perform CONTRACTOR the additional work described below in accordance with the terms and conditions detailed in the original contract along with all applicable rules,regulations,and laws that may be in effect for the work. The unit pricing in the original contract shall apply to all Signature additional work. A copy of this form, once completed, is to be forwarded to the Purchasing Office to ensure all changes to the encumbrances are met. Remember— the cumulative total of Amendments cannot exceed the project's FY bud . Date e 9va-61 CITY OF TIGARD,OREGON AMENDMENT TO CONTRACT GENERAL TREE CARE AND CERTIFIED ARBORIST SERVICES C150025 AMENDMENT #1 The Agreement between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and The Davey Tree Expert, hereinafter referred to as Contractor, entered into on the 3'`' day of September, 2014,is hereby amended as follows: 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 with no restrictions in any given fiscal year. 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: IN WITNESS WHEREOF, City has caused this Amendment to be executed by its duly authorized undersigned officer and Contractor has executed this;amendment upon signature and date listed below. CITY OF TIGARD THE DAVEY TREE EXPERT Signature Signa re May- 2,a. L. W)nom w Printed Name Printed Name lC 20/6 Date Date I Ma City of Tigard December 17, 2015 Davey Tree Services Attn: Clay Erway PO BOX 56030 Portland, OR 97238 REF.: General Tree Care and Certified Arborist Services C150025 Period: September 1,2015 through August 31, 2016 CONTRACT NOTICE OF AWARD - RENEWAL Dear Mr. Erway 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 (1) one- year extension to the Contract effective from September 1, 2015 through August 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 The Davey Tree Expert Company. Sincerely, Jamie Greenberg Purchasing Assistant 503-718-2492 jarnie@tigard-o.t.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. Company: Signed: Date: �'Z��J Printed: ��/O'y 41P . CITY OF TIGARD,OREGON-CONTRACT SUMMARY FORM (THIS FORMMUST ACCOMPANY EVERY CONTRACT) Contract Title: General Tree care and certified arborist service Number: C150025 Contractor: The Davey Tree Expert 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—Activity:Type 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: - I Purchasing Comments: Purchasing Signature: City Manager Comments: City Manager Signature: After securing all required approvals,forward original copy to the Contracting and Purchasing Office along with a completed Contract Checklist. Contract #CI Sa CITY OF TIGARD,OREGON PERSONAL SERVICES CONTRACT GENERAL TREE CARE AND CERTIFIED ARBORIST SERVICES THIS AGREEMENT made and entered into this 3"' day of September, 2014 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and The Davey Tree Expert Company,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. The total amount paid to the Consultant by the City shall not exceed Twenty Thousand and No/100 Dollars ($20,000.00) annually if all tasks are completed. . 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. 2 1� 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 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. 3 Pt c 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. 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. 4 1 J' ;i 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. 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. 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: CiTr oz,TiGApx) THE DAVE"TREE EXPERT Attn: Greg Stout,Environmental Prgm Coord Attn: Clay Erway Address: 13125 SW Hall Boulevard Address: 5838 NE Columbia Boulevard Tigard, Oregon 97223 PO Box 56030 Portland, Oregon 97238 Phone: (503) 718-2817 Phone: (503) 287-2282 Fax: (503) 684-7297 Fax: (5 3) 280-1142 Email: Email: cl:atl.erway{c�davc�,.corn 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. 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. 7 1 Par'. c: 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. 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 81 ;' . 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. 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 9 1 , , C and income tax withholding contained in ORS Chapters 279A, 279B and 279C, the provisions of which are hereby made a part of this agreement. 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 10 1 P :, a' from the wages of the employees pursuant to any law, Consultant agreement for the purpose of providing or paying for such service. 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 OF TIGARD THE DAVEY TREE EXPERT COMPANY By: Marty Wine, City Manager By:Aut orized Agent of/Consultant q• !�• Z o�� }� 5 Date Date 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. e) 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. 12 1 1' a > c t': f) 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. f) 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). 13 1 i> 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 2133.1-2006. 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 authorityor 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 14 1 l' at' e the following portions of ANSI 2133.1-2006: 5.1 - General and 5.2 - Working in proximity to electrical hazards. C. Protection of Property 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 15 1 1' I � (. 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 party responsible for not properly marking or identifying the underground facility. The Contractor agrees not to file any claim or legal action against the City (division responsible for any subsequent contract) for said "changed or differing" conditions unless said City division is solely responsible for the delay or damages that the 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. 16 1 1' -1 -.,. c EXHIBIT B CONSULTANT'S PROPOSAL 17 � ' . FEE PROPOSAL FORM Regular Hours Other Hours Estimated Hrs Est. Annual (annually) Totals Service Task (M-F, 8 AM—5 PM Certified Arborist $ Per Hour $ /ZO Per Hour 15 Climber(with crew) $ /q,? Per Hour $ 170_Per Hour 20 $ Stump;Grinding $— G—Per Hour $_ Per Hour 25 $ .opo Fallin and Bucking C, Per Hour $ ���� Per Hour 75 Bucket truck $ — Per Hour $ Per Hour 10 $ /yf c�ed w��� e``� �``' I'runirlg $ �� Per Hour $—��--Per Hour 20 $ ) I $ 13,Z57,5Q Estimated Annual Total (Note: Please provide estimated annual total based on regular hours.This amount is for comparing fee proposals only.This RFP is for on-call service and actual yearly contract amount will vary based on the amount and scope of work called in.) Q • City Business Tax number: Federal ID No. • State Contractor's License number for Stump Grinder: • Nurnber of years in business: l 2q Number of employees: 61 ,50a • Rc.gistered with St. of Oregon: Yes No: If so, when: ?DOCr • Please Complete if Applicable: MBE Cl WBE 0 The undersigned states that he or she is authorized to submit a quote on behalf of the corporation, partnership, or sole proprietorship listed below, and further states that the corporation, partnership, or sole proprietorship hereby agrees to and is bound by the above offer. Firm: ! �� %� E Signed: L✓ Title: Ai� SwfeS Print Name: �1�� z2why Addre$s: City/State/Zip: Fl((f�ti'D I"elep};one Number: ?3 � - Fax Number: ,c�3 Z Email'Address: �rt� 40,4.ce " Date: I i Page 25 Rf:I>— crcificd Arborist and'free Services Cl()se—'Vcdncsday April 29th,2009 I i f