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Buena Vista Arbor Care Co, Inc ~ N s F B July 19, 2013 City of Tigard Buena Vista Arbor Care Co., Inc. Attn: Priscilla Esplin 6635 Prather Road Independence, OR 97351-9716 REF.: City of Tigard Agreement for Services Related to Certified Arborist and Tree Services Period: August 1, 2013 through July 31, 2014 CONTRACT NOTICE OF AWARD - RENEWAL Dear Ms. Esplin: 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 Fourth (4th) one-year extension to the Contract effective from August 1, 2013 through July 31, 2014. 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 Buena Vista Arbor Care Co., Inc. Sincerely, Michelle Wright Business Manager 503-718-2445 MichelleW@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. Company: j 5f1 Signed: � - - Date: Printed: iS 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov l July 19, 2010 City of Tigard Buena Vista Arbor Care Co., Inc. Attn: Priscilla Esplin 6635 Prather Road Independence OR 97351-9716 REF.: City of Tigard Agreement for Services Related to Certified Arborist and Tree Services Period: August 1, 2010—July 31, 2011 CONTRACT NOTICE OF AWARD - RENEWAL Dear Ms. Esphn: The City of Tigard has determined that your company has performed in accordance with the requirements of our Agreement for Services also referred to as a "Contract." Therefore, the City, pursuant to the renewal/extension clause contained in the terms and conditions of the Contract, desires to exercise its first (1st) one-year extension to the Contract effective from August 1, 2010 through July 31, 2011. 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. Sincerely, Greer Gaston Management Analyst 503-718-2595 greer@tigard-or.gov I/We hereby acknowledge acceptance of this renewal and agree to be bound by all requirements, terms, and conditions as set forth in the above referenced Contract. company: h Lrr' Signed: r C�' Date: �� ��, Printed: � 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 0 www.tigard-or.gov CITY OF TIGARD, OREGON AGREEMENT FOR SERVICES RELATED TO CERTIFIED ARBORIST AND TREE SERVICES THIS AGREEMENT made and entered into this 3rd of August, 2009 by and between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Buena Vista Arbor Care Co., Inc., hereinafter called Contractor. RECITALS WHEREAS, Contractor has submitted a bid or proposal to City to provide specific services; and WHEREAS, Contractor is in the business of providing specific services and is aware of the purposes for which City requires the services; and WHEREAS, City and Contractor wish to enter into a contract under which City shall purchase the services described in Contractor's bid or proposal; THEREFORE, The parties agree as follows: 1. SERVICES TO BE PROVIDED Contractor agrees to provide certified arborist and tree services as detailed in Exhibit A— Scope and Schedule of Work and Exhibit B—Contractor's Fee Proposal Form, and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION Contractor shall initiate services upon receipt of City's notice to proceed, together with an executed copy of this Agreement. This Agreement shall become effective upon the date of execution and shall expire, unless otherwise terminated or extended, on July 31, 2010. All services shall be completed prior to the expiration of this Agreement. The City shall also retain the right to renew this contract for four(4) additional one-year terms. The total term of the contract cannot exceed five(5)years. 3. COMPENSATION Contracts will be awarded to Primary Contractor The Davey Tree Expert Company and Secondary Contractor Buena Vista Arbor Care Co., Inc. The work assignment process will be based on availability and cost as follows: Non-emergency Certified Arborist and Tree Services Work not expected to exceed$3,000 ■ Work will be assigned to the Primary Contractor contingent upon the work beginning initiated and completed within the timelines specified in the Scope and Schedule of Work. ■ If the Primary Contractor is unable to initiate and complete the work assignment within the specified timelines,the work will be assigned to the Secondary Contractor. Non-emergency Certified Arborist and Tree Services Work which may exceed$3,000 ■ The City will request quotes from both the Primary and Secondary Contractors and will assign the work to the Contractor offering the lowest quote, contingent upon the work beginning initiated and completed within the timelines specified in the Scope and Schedule of Work. ■ If the Contractor offering the lowest quote is unable to initiate and complete the work assignment within the specified timelines,the work will be assigned to the other Contractor. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 Emergency Certified Arborist and Tree Services Work ■ The City will contact both the Primary and Secondary Contractors and will assign the work to which ever Contractor is able to resolve the emergency within the shortest amount of time. Between the Primary and Secondary Contractors, the City estimates it may spend up to Forty Thousand Dollars ($40,000) per year for performance of those services described herein, which payment shall be based upon the following applicable terms: A. Payment will be made in installments based on Contractor's invoice, subject to the approval by the City, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. B. Payment by City shall release City from any further obligation for payment to Contractor, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. C. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. D. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished. E. Contractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. F. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims. G. Contractor shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one work week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. H. Contractor shall promptly, as due, make payment to any person, co-partnership, association or corporation, furnishing medical, surgical, hospital care or other needed care and attention incident to sickness or injury to the employees of Contractor or all sums which Contractor agrees to pay for such services and all moneys and sums which Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. I. The City certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 5. ASSIGNMENU/DELEGATION Neither party shall assign or transfer any interest in or duty under this Agreement without the written consent of the other and any attempted assignment or transfer without the written consent of the other party shall be invalid. 6. SUBMITTING BILLS AND MAKING PAYMENTS All notices and bills shall be made in writing and may be given by personal delivery, mail or fax. Payments may be made by personal delivery, mail, or electronic transfer. The following addresses shall be used to transmit notices,bills,payments, and other information: General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 Contract Manager for City Contract Manager for Contractor City of Tigard Company:Buena Vista Arbor Care Co.,Inc. Attn:Martin McKnight Attn:Priscilla Esplin 13125 SW Hall Blvd.,Tigard,Oregon 97223 Address: 6635 Prather Road, Independence, Oregon 97351-9716 Phone: (503)639-4171 ext. 2598 Phone: (503)838-1644 or 541-619-7075 (mobile) Fax: (503)684-8840 Fax: (503)606-9317 Email Address:martin@tigard-or.gov Email Address:priscillao3@cs.com 7. TERNIINATION The parties agree that any decision by either party to terminate this Agreement before 31 st of July, 2010 shall be accompanied by thirty (30) days written notice to the other party prior to the date termination would take effect. There shall be no penalty for early termination. If City terminates the contract pursuant to this paragraph, it shall pay Contractor for services rendered prorated to the date of termination. 8. ACCESS TO RECORDS City shall have access to such books, documents, papers and records of Contractor as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. 9. FORCE MAJEURE Neither City nor Contractor shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, natural disaster, war, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 10. NON-DISCRIMINATION Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. Contractor also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 11. INDEMNITYMOLD HARMLESS Contractor shall defend, indemnify and hold harmless City, City's officers, employees, agents and representatives from and against all liability, claims, demands,judgments, penalties, and causes of action of any kind or character, or other costs or expenses incidental to the investigation and defense thereof, of whatever nature, resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this contract, except, however, that the foregoing shall not apply to liability that arises out of City's sole negligence. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 12. INSURANCE Contractor shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of Contractor's activities or work hereunder. The policy or policies of insurance maintained by the Contractor shall provide at least the following limits and coverages: A. Commercial General Liability Insurance Contractor shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1996 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate 2,000,000 Products-Completed Operations Aggregate 1,000,000 Personal &Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (any one fire) 50,000 Medical Expense (any one person) 5,000 B. Business Automobile Liability Insurance If Contractor will be delivering any goods or services which require the use of a vehicle, Contractor shall provide City a certificate indicating that Contractor has business automobile liability coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. Said insurance shall name City as an additional insured and shall require written notice to City thirty (30) days in advance of cancellation. If Contractor hires a carrier to make delivery, Contractor shall ensure that said carrier complies with this paragraph. C. Workers' Compensation Insurance The Contractor and all employers providing work, labor or materials under this Contract that are either subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers or employers that are exempt under ORS 656.126. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not obtain such coverage. This shall include Employer's Liability Insurance with coverage limits of not less than $500,000 each accident. D. Insurance Carrier Ratiniz All coverage provided by the Contractor must be underwritten by an insurance company deemed acceptable by the City. The City reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. General Services Agreement—Certified Arborist and Tree Services Rev. -09/17/03 E. Certificates of Insurance As evidence of the insurance coverage required by the contract, the Contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, Contractor shall be obligated for the total amount of any damage, injury,or loss caused by negligence or neglect connected with this contract. 20. ATTORNEY'S FEES In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including witness fees (expert and non-expert), attorney's fees and court costs on appeal. 21. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES Contractor shall comply with all applicable federal, state and local laws, rules and regulations, including, but not limited to, the requirements concerning working hours, overtime, medical care, workers compensation insurance, health care payments, payments to employees and subcontractors and income tax withholding contained in ORS Chapter 279B, the provisions of which are hereby made a part of this agreement. 22. CONFLICT BETWEEN TERMS It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the terms of proposal conflicting herewith. 23. SEVERABILITY In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the validity of the remaining terms and provisions shall not be affected to the extent that it did not materially affect the intent of the parties when they entered into the agreement. 24. INDUSTRIAL ACCIDENT FUND PAYMENT Contractor shall pay all contributions or amount due the Industrial Accident Fund form that Contractor or subcontractors incur during the performance of this Agreement. 25. COMPLETE AGREEMENT This Agreement, including the exhibits, is intended both as a final expression of the Agreement between the parties and as a complete and exclusive statement of the terms. In the event of an inconsistency between a provision in the main body of the Agreement and a provision in the Exhibit, the provision in the main body of the Agreement shall control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A shall control. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent,modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. Contractor, by the signature of its authorized representative, hereby acknowledges that Contractor has read this Agreement,understands it and agrees to be bound by its terms and conditions. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 I IN WITNESS WHEREOF, City has caused this Agreement to be executed by its duly authorized undersigned officer and Contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARD Approv Mid's Local Contract Review Board on: �JLt i� 444-a 4�2�By: Au ed City staff person letting contract Date CONTRACTO 14 ompany Name �-A 1� C l k a-- '-, t C>y'j �— Print Name&Title of Au .ized Representative G Sign Name Date General Services Agreement—Certified Arborist and Tree Services Rev. -09/17/03 EXHIBIT A SCOPE AND SCHEDULE OF WORK 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 for a period of one year. The Parks Supervisor shall dispatch work by telephone. The Contractor shall begin each job promptly: • Tree pruning shall begin no longer than two working days after it was dispatched (unless otherwise permitted by the Parks Supervisor). • Tree removal shall begin no longer than two working days after it was dispatched (unless otherwise permitted by the Parks Supervisor); • Stump grinding shall begin no longer than five working days after it has been dispatched (unless otherwise permitted by the Parks Supervisor). • Certified Arborist Tree evaluation and reports shall begin no longer than two working days after it was dispatched(unless otherwise permitted by the Parks Supervisor). Once the Contractor commences work at a site, it shall be completed in a timely manner- no more than three working days. A. DETAILED SPECIFICATIONS Work shall include,but shall not be limited to the following: 1. Required Qualifications of Bidders Contractors bidding on the Certified Arborist, tree pruning/removal and stump grinding services RFP shall be limited to individuals, partnerships and corporations actively engaged in the field of arboriculture and/or stump grinding. Bidders shall be able to demonstrate competence, experience, and financial capability to carry out the terms of this contract. The City considers bidders competent by being fully licensed,bonded and insured. Contractors with at least one ISA certified arborist and PNW-ISA certified tree risk assessor (could be same person) are given preference. All bidders must have in their employ, possession of, or available to them by formal agreement at the time of bidding personnel, trucks, devices, chippers, hand tools, aerial and other equipment and supplies which are necessary to perform the work as outlined in these specifications. 2. 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. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 a. Tree Removal The Contractor shall remove the trees in accordance with all safety standards and regulations listed herein and with the following minimum requirements: 1. The Contractor shall begin each job promptly; no longer than two work days after it is dispatched by the City(unless otherwise permitted by the Parks Supervisor). 2. 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. 3. 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. 4. Stumps shall not be left higher than 6 inches above ground level (unless otherwise permitted by the Parks Supervisor). 5. The 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 of Tigard may remove the wood and debris and charge the cost to the Contractor, as the City of Tigard shall determine to be just. 6. All wood products removed under this contract shall become the property of the Contractor and be disposed of by him/her. 7. The Contractor shall restore any damaged turf areas and repair any other damage caused by the tree removal operation. 8. 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. b. Tree Stump Removal The Contractor shall remove tree stumps in accordance with all safety standards and regulations listed herein and with the following minimum requirements: 1. The Contractor shall begin each job promptly; no longer than five work days after it is dispatched by the City. 2. 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. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 3. Stumps to be removed shall be designated by the Parks Supervisor or representative. 4. 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. The Contractor shall remove and dispose of all chips, sawdust and associated debris unless otherwise directed by the Parks Supervisor. 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. 5. 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. The 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 Parks Supervisor notified. Stump grindings and debris shall not be used as backfill material unless directed by the Parks Supervisor. 6. The 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 of Tigard may remove the debris and charge the cost to the Contractor, as the City of Tigard shall determine to be just. 7. 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 Parks Supervisor). 3. Safety Standards a. The Contractor shall, at all times, exercise adequate precautions for the safety of all persons, including employees, in the performance of this Contract. The Contractor shall abide by all City, State and Federal safety regulations and guidelines. b. Personal protective equipment: • Workers engaged in tree operations shall wear Head protection. It shall comply with the provisions of ANSI Z89.1 • Eye and face protection when required shall comply with applicable provisions of ANSI 787.1. c. 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. General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 d. The 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. e. The Parks Supervisor may require additional safety precautions where particular dangers can be anticipated. The Contractor shall comply with all such requests. f. The Parks Supervisor 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 Code Enforcement Officer or Parks Supervisor 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. g. Any of the above actions by employees of the City of Tigard shall in no way relieve the Contractor of his/her responsibility to provide for the safety of all persons, including his/her employees. h. 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. i. 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 the following portions of ANSI Z133.1-2006: 5.1 - General and 5.2 -Working in proximity to electrical hazards. 4. Protection of Property a. The 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 this 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 the Contract bid. b. 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 General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 governmental agencies before performing underground work pursuant to the terms of this Contract. The Contractor shall be required to contact the Metropolitan Utilities Council—One Call, 1-800-332-2344,prior to all projects requiring excavation. c. The Contractor is responsible for all property,utilities and pavement damaged by his/her operations as shall be determined by the Parks Supervisor administering this Contract. The Contractor shall be responsible for the costs of repairing all damage to property,utilities and pavement caused by his/her operations to the satisfaction of the property owner or the governmental body having jurisdiction over the road or utility. 5. Work Hours Work for these services shall be scheduled Monday through Friday,between the hours of 8:00 a.m. and 4:00 p.m. 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. 6. Observance of Laws, Ordinances and Regulations The 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. 7. Bonds/Licenses/Permits The Contractor shall procure and pay for all permits and licenses necessary for the completion of this Contract including those permits required by the City of Tigard. In the event a necessary permit is 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. • The Contractor shall have a valid City of Tigard Business Tax or Metro License. • The Contractor shall obtain and maintain a Surety Bond in compliance with Tigard Municipal Code 15.04.050 Work in Right-of-Way, Security. • The Stump Grinding Contractor shall have a State Contractor's License. Genera] Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 8. Underground Excavation It is the Contractor's responsibility to fully comply with the Metropolitan Utilities Council's (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 this 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. 9. Contractor's Insurance Contractors and its subcontractors shall maintain insurance acceptable to City in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of contractor's activities or work hereunder, including the operations of its subcontractors of any tier. The policy or policies of insurance maintained by the contractor and its subcontractor shall provide at least the limits and coverage's listed in Section 8 of the attached Contract. As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the City. No contract shall be effected until the required certificates have been received and approved by the City. The certificate will specify and document all provisions within the contract. A renewal certificate will be sent to the City 10 days prior to coverage expiration. 10. Deductions for Uncorrected Work If the City of Tigard deems it expedient to correct work not done in accordance with the terms of this Contract, an equitable deduction from future payments under this Contract shall be made. i I, General Services Agreement—Certified Arborist and Tree Services Rev.-09/17/03 Exhibit B FEE PROPOSAL FORM Regular Hours Other Hours Estimated Hrs Est. Annual (annually) Totals Service Task (M-F,8 AM=5 PM) Certified Arborist $ q cit. Per Hour $ 9,2. Per Hour 15 $_L92 Climber(with crew) $ Per Hour $ 7 �, . Per Hour 20 $ P d Li O Stump Grinding $ V• Per Hour $ Per Hour 25 $ ab—c' Falling and Bucking $ c9. Per Hour $ 2 2 . Per Hour 75 $ 0C) Bucket truck $ OL-,�• Per Hour $ �3 • Per Hour 10 $ Pruning $ Id. Per Hour $ "_79. Per Hour 20 $ I`4 "U Estimated Annual Total s—al. (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.) n ■ City Business Tax number: Federal lD No, ■ State Contractor's License number for Stump Grinder: ■ Number of years in business: 15 Number of employees: f l ■ Registered with St. of Oregon: Yes 11P No: If so, when: fq q Lo ■ Please Complete if Applicable: MBE❑ WBE D 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 pro rietorship hereby agrees to and is bound oo by the above offer. Firm' Signed: itle: Print Name: (umo_ q Address: �?na`ft1c� City/State/Zip: `CTl 01 Telephone N r: l� ° d Fax Number: J ° ��O�n �1 Email Address: a °} Date: _ 260 a RFT'—Certified Arborist and Tree Services Page 25 Close—Wednesday April 29th,2009