request for proposals · tree trimming, maintenance and removal services shall be provided...

RFP – On-Call Tree Maintenance & Removal Services 1

CITY OF LAKE OSWEGO

REQUEST FOR PROPOSALS

On-Call Professional Arborist Services

Deadline for Submission of Proposal: October 10, 2016, 10:00 a.m.

Project Manager Jim Bateman

503-635-0280 or [email protected] (Email is not deemed submitted until receipt is confirmed)

City of Lake Oswego Public Works Department

5705 Jean Road

Lake Oswego, Oregon 97035


CITY OF LAKE OSWEGO NOTICE OF REQUEST FOR PROPOSALS

TO PROVIDE ON-CALL TREE TRIMMING, MAINTENANCE AND REMOVAL SERVICES

The City of Lake Oswego invites submission of proposals from qualified companies to provide tree trimming, tree removal and other tree care and maintenance services Citywide. The selected firm will also be responsible for responding to City’s emergency tree issues and must be able to respond afterhours and on weekends if needed. The City is seeking to award a tree trimming, removal and maintenance contract for an initial term of one year, with four (4) annual renewal options, for a possible total of five (5) years. Deadline for Submission of Proposal: 10:00 a.m., Monday, October 10, 2016. Submissions received after this time will be considered non-responsive and will be returned without review. Email proposals are not deemed submitted until confirmation is confirmed by the City. Obtain Request for Proposals: 1. Online. To download the full Request for Proposals and receive all notifications a Proposer must

register and add your individual or entity name to the Planholder’s list at the City of Lake Oswego’s Bid & RFP Information webpage (http://www.ci.oswego.or.us/publicworks/bid-rfp-information). If you have website questions concerning this Request please call Pam Peterson at phone or email below.

2. In Person. See the front desk at the Public Works Dept. at 5705 Jean Road, Lake Oswego, OR during regular business hours of the Public Works Dept.

Submission of Proposal: See Request for Proposal, Section 3, Proposal Submittal Requirements Communication and correspondence pertaining to this Request for Proposal should be directed to City Project Manager Jim Bateman at 503-635-0280 or by e-mail at [email protected] (email is not deemed submitted until receipt is confirmed). Nature of Contract: On-Call The specific time and locations of services to be provided hereunder are “on-call” and shall be defined by City in the individual job orders from time to time during the term of this Contract. The amount of services to be requested by City under this Contract is unknown, and therefore there is no expectation as to the amount of service work to be requested.

http://www.ci.oswego.or.us/publicworks/bid-rfp-information



CITY OF LAKE OSWEGO REQUEST FOR PROPOSALS

TO PROVIDE ON-CALL PROFESSIONAL ARBORIST SERVICES

The City of Lake Oswego invites submission of proposals from qualified companies to provide tree trimming, tree removal and other tree care and maintenance services Citywide. The selected firm will also be responsible for responding to City’s emergency tree issues and must be able to respond afterhours and on weekends if needed. Deadline for Submission of Proposal: 10:00 a.m., Monday, October 10, 2016. Submissions received after this time will be considered non-responsive and will be returned without review.

Contents SECTION 1: SITE LOCATIONS .................................................................................................................................................... 5

Heritage Tree Site Listing ............................................................................................................................. 5 SECTION 2: SCOPE OF WORK ................................................................................................................................................... 6

GENERAL REQUIREMENTS & SPECIFICATIONS ........................................................................................................... 6 Performance Expectations; City’s Right to Withdraw Portion of Work for Deficient Work ......................... 6 General Work Quality & Standards .............................................................................................................. 6 Professional Conduct .................................................................................................................................... 7 Cleanup & Disposal of Debris ....................................................................................................................... 7 On-site Management & Coordination .......................................................................................................... 7 Certifications ................................................................................................................................................ 7 Subcontractors ............................................................................................................................................. 8 Traffic Control ............................................................................................................................................... 8 Written Bids & Invoicing ............................................................................................................................... 8 Work to Conform with Specifications and Remedial Action ........................................................................ 8 ACTIVITY SPECIFICATIONS ............................................................................................................................ 9 A. TREE PRUNING SPECIFICATIONS .............................................................................................................. 9 B. ROOT PRUNING ........................................................................................................................................ 9 C. TREE AND STUMP REMOVAL SPECIFICATIONS ....................................................................................... 10 D. STUMP-ONLY REMOVAL ........................................................................................................................ 10 E. LINE CLEARANCE PRUNING..................................................................................................................... 10 F. EMERGENCY RESPONSE .......................................................................................................................... 11 G. HERITAGE TREE MAINTENANCE ............................................................................................................. 11 H. HOLIDAY TREE LIGHT INSTALLATION ..................................................................................................... 11 I. FOLIAR & PESTICIDE TREATMENTS .......................................................................................................... 12

a. Chemical Use .............................................................................................................................................. 12 b. Pesticide Application Certification ...................................................................................................... 12 c. Pesticide Application Records ............................................................................................................. 12 d. Spray Notification and Coordination of Date(s) of Work .................................................................... 13 J. ARBORIST SERVICES, ASSESSMENTS & INSPECTIONS ............................................................................. 13

CONTRACTOR PRACTICES ....................................................................................................................................... 13 Federal & State Health & Safety Requirements ......................................................................................... 13 Non-Discrimination .................................................................................................................................... 13 Equal Employment Compliance .................................................................................................................. 13

SECTION 3 – INSTRUCTIONS TO PROPOSERS .......................................................................................................................... 14 PROPOSER CONFORMANCE TO SOLICIATION REQUIREMENTS ................................................................................ 14 ANTICIPATED SOLICITATION AND AWARD SCHEDULE (SUBJECT TO CHANGE) ........................................................ 14


PROPOSER QUESTIONS REGARDING RFP ................................................................................................................. 14 MODIFICATION OF REQUEST FOR PROPOSALS / PROPOSER’S OBLIGATIONS REGARDING DISTRIBUTION OF RFP ADDENDA / RFP WITHDRAWAL ................................................................................................................................ 14 SUBMISSION OF PROPOSALS .................................................................................................................................... 15

Deadline for Submission ............................................................................................................................. 15 Manner of Submitting Proposal: ................................................................................................................ 15

PROPOSAL WITHDRAWAL ......................................................................................................................................... 15 REJECTION OF PROPOSALS / CANCELLATION OF SOLICIATION .................................................................................. 15 DURATION OF PROPOSAL ......................................................................................................................................... 16 PROPOSAL COSTS ...................................................................................................................................................... 16 OWNERSHIP OF PROPOSAL MATERIALS ................................................................................................................... 16 PUBLIC RECORDS ...................................................................................................................................................... 16 NON-DISCRIMINATION STATEMENT......................................................................................................................... 16 EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT ............................................................................................... 16 NON-COLLUSION REPRSENTATION ............................................................................................................................ 16 PUBLIC CONTRACT RULES ......................................................................................................................................... 16

SECTION 4: PROPOSAL REQUIRMENTS .................................................................................................................................. 17 Proposal Components ................................................................................................................................ 17 Title Page .................................................................................................................................................... 17 Background of the Firm .............................................................................................................................. 17 Similar Work ............................................................................................................................................... 17 References .................................................................................................................................................. 17 Key Personnel and Certifications ................................................................................................................ 17 Cost Forms .................................................................................................................................................. 18

SERVICE CONTRACT TERMS ...................................................................................................................................... 18 SECTION 5: EVALUATION OF PROPOSALS .............................................................................................................................. 18

SELECTION EVALUATION COMMITTEE ..................................................................................................................... 18 PROPOSAL EVALUATION CRITERIA ........................................................................................................................... 18

Background of Firm [Maximum 5 points] ................................................................................................... 18 Similar Work [Maximum 10 points] ........................................................................................................... 18 References [Max 10 points] ........................................................................................................................ 19 Key Personnel and Certifications [Maximum 15 points] ............................................................................ 19 Cost Forms [Maximum 60 points]: ............................................................................................................. 19 Unit Cost maximum 25 points .............................................................................................................. 19 Situational Cost and Approach to Work maximum 35 points .............................................................. 19

METHOD OF SELECTION: .......................................................................................................................................... 19 OBJECTIONS TO PROPOSED CONTRACT ................................................................................................................... 19 NOTICE OF INTENT TO AWARD ................................................................................................................................. 20

EXHIBIT A: UNIT COST FORM – please complete and remit with proposal ................................................ 21 EXHIBIT B: SITUATIONAL COST ESTIMATES AND WORK APPROACH .......................................................... 22 Attachment One: Heritage Tree Sites ......................................................................................................... 25 Attachment Two: Contract Language ......................................................................................................... 26


SECTION 1: SITE LOCATIONS

Tree trimming, maintenance and removal services shall be provided throughout the City of Lake Oswego for trees located on city-owned properties & facilities as well as on trees located in the right of way and for a designated list of Heritage trees. Work will be assigned as needed. Attachment One shows a map of heritage tree locations in the City.

Heritage Tree Site Listing

Species Address

1 Oregon White Oak (Stand) West end of Galen Road

2 Deodar Cedar (2) 302 Furnace Street

3 Oregon White Oak 1421 Greentree Circle

4 Giant Sequoia 16686 Maple Circle

5 Douglas-Fir 141 Leonard Street (Peg Tree)

6 Black Walnut 1018 Laurel Street

7 Black Walnut 13041 Knaus Road (ROW)

8 Western Redcedar Between 868 and 832 9th Street (ROW)

9 Sugar Maple Intersection of 3rd Street and C Avenue (ROW)

10 American Elm 1st Street between B and C Avenue (ROW)

11 European Beech 1250 Sunningdale Road

12 Douglas-Fir Adjacent to 642 Iron Mountain Boulevard (ROW)

13 Giant Sequoia 3025 Stonebridge Way

14 Douglas-Fir (Stand) Lake Grove Fire District #57 – 16400 Bryant Road

15 Coast Redwood (2) In front of 3060 Glenmorrie Drive (ROW)

16 Douglas-Fir Lake Grove Elementary –15777 Boones Ferry Road

17 European White Birch 1117 Spruce Street

18 Oregon White Oak 1305 Cornell Street

19 Giant Sequoia Firlane Property – 195 Rosemont Road

20 Ponderosa Pine Firlane Property – 195 Rosemont Road

21 Douglas-Fir (Stand) 5655 SW Kenny Street

22 Camperdown Elm Intersection of McVey Avenue and Oak Street (ROW)

23 American Elm 706 6th Street

24 Douglas-Fir George Rogers Park – 611 S. State Street

25 Coast Redwood 785 9th Street

26 Douglas-Fir Intersection of Country Club Road and C Avenue (ROW)

27 Oregon White Oak East Waluga Park – 15505 Quarry Road

28 Douglas-Fir 208 Durham Street

29 Oregon White Oak Across from 17615 Bryant Road (ROW)

30 Oregon White Oak 38 Da Vinci Street

31 Saucer Magnolia 2211 Fernwood Circle

32 Ginkgo Between 568 and 590 on 3rd Street (ROW)

33 Sycamore (2) 16584 Roosevelt Avenue

34 Giant Sequoia 14145 Redwood Court

35 Madrone Oswego Pioneer Cemetery (behind the Johnson plot on gravel road near the exit)


SECTION 2: SCOPE OF WORK

It is the intent of these Specifications to describe tree pruning, maintenance and removal services in sufficient detail to achieve a high-quality level of care and maintenance. This contract has a maximum annual price of $150,000. GENERAL REQUIREMENTS & SPECIFICATIONS Tree trimming, maintenance and removal services shall be provided throughout the City of Lake Oswego for trees located on city-owned properties & facilities as well as on trees located in the right of way and for a designated list of Heritage trees. Services shall be provided on an on-call basis at the request of the City.

Performance Expectations; City’s Right to Withdraw Portion of Work for Deficient Work Contractor is expected to conform to the following general requirements and specifications regarding performance of all arboricultural work done on behalf of the city. All tree care and maintenance services shall comply with good arboreal practice for the particular species of trees and shall be consistent with the pruning and care standards and best management practices as adopted by the International Society of Arboriculture (ISA). All work on trees shall be performed by ISA certified arborists. If the level of maintenance or care fails to meet these standards and best practices, the Contractor shall respond and resolve all deficiencies in performance of this contract within 48 business hours (Monday-Friday) following notification by the City. The City shall provide notification in writing to the on-site manager. If performance deficiencies are not resolved by the Contractor within 48 business hours to the City’s satisfaction, the City shall have the option of hiring and paying for an outside contractor to perform the work. Costs of hiring an outside contractor shall be deducted from the Contractor’s monthly payment. General Work Quality & Standards Contractor must perform all work in safe manner in accordance with relevant safety rules and regulations, ensuring safety of bystanders and protection of public and private property Contractor must provide all required equipment, vehicles and personal protective gear required for field personnel to complete the job. Contractor must perform work in manner that protects Stormwater system by preventing debris and material from entering or clogging Stormwater inlets and facilities. Contractor shall provide reliable contact information for after-hours and emergency call-out. Non-emergency work shall commence no earlier than 7:00am on weekdays, and 9:00am on weekends. Contractor will adhere to City code for non-emergency work start and end times. Any roads within the City that are under the jurisdiction have a 9:00 am to 3:00 pm work period. Contractor must be capable of response within two (2) hours of contact by City for emergency work requests. For all non-emergency requests, the contractor is expected to respond within 24 hours.


Professional Conduct Contractor shall endeavor to maintain good public relations at all times. The work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced supervisor in tree maintenance operations. The Contractor shall be responsible for advance notification to residents most affected by work they will be doing. The Contractor shall be responsible to see that private property and vehicles at work locations are not endangered or damaged during the course of work. All personnel working for contractor shall conduct themselves in a professional manner, displaying good judgement and public relation skills while working on behalf of the City of Lake Oswego Cleanup & Disposal of Debris Contractor shall perform a thorough cleanup of all job sites when work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets. Each day’s scheduled work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris or equipment be left on the street overnight. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out and gutters cleaned. Contractor shall be responsible for the disposal of all debris. In certain occasions, the contractor may dispose of logs at the City’s maintenance shop. These instances will be pre-arranged. Contractor shall not use motorized leaf blowers to blow debris onto City streets. The City prohibits blowing, raking, sweeping, or depositing yard debris onto City streets as per LOC 42.06.310 and LOC 34.02.035(20). If Contractor does not adhere to the City code, they may be cited, in addition to the act being a breach of contract. On-site Management & Coordination All contracted personnel that are working directly with City trees are expected to be certified ISA Arborists. One on-site employee shall be designated as the lead supervisor, with the responsibility of overseeing the crew, and communicating/coordinating with the City’s Project Manager. This lead supervisor should be present for most work, but an alternate lead is acceptable on some occasions. In the occasion that there is more than one job site set up within the City, the Contractor shall

designate job site leads, with one on-site manager overseeing both work locations. The Contractor

has the responsibility for compliance with safety and health standards of Occupational Safety and

Health Administration (OSHA), ANSI Tree Trimming Safety Standards, and all applicable rules,

regulations and orders.

Certifications The following certifications are either required or highly desired for contractor personnel working in the City:

ISA Certified Arborist – required for all contractor personnel directly working with City trees


ISA Certified Arborist Tree Worker Climber Specialist – required for any contractor personnel climbing trees

ISA Certified Arborist Utility Specialist – desired, but not mandatory for any contractor personnel working within ten (10) feet of live utility wiring.

State Certified Pesticide Applicator License – required for any contractor personnel applying pesticides in City

ISA Tree Risk Assessment Qualification – not required, but desirable for any contractor personnel completing tree assessments in the City.

Subcontractors Use of subcontractors for any work activity is permitted, but the contractor is responsible for ensuring that the hired subcontractor adheres to Contract specification, and is performing quality work in compliance with ISA standards. The contractor must provide supervision over subcontractors while they are working in the City.

Traffic Control Contractor shall provide all traffic control devices and measures as may be required by City traffic control ordinances and requirements, and the City approved traffic control plan. Contractor must also submit a temporary traffic control permit application to the City Traffic Engineer, unless not required, e.g., emergency work. This permit has no cost. Contractor shall notify the City Project Manager 2 business days (Monday – Friday) prior to commencement of the Work at the site requiring traffic control. The Project Manager may delay work at the site if anticipated traffic control at the site due to circumstances or events in the area will result in a traffic control problem not anticipated in the traffic control plan. Contractor will furnish or subcontract for flagging services if needed for work. Written Bids & Invoicing Contractor must provide written & itemized bid for each job deemed non-emergency. Electronic copies submitted via email are acceptable. Contractor shall submit invoices on a job-by job basis. When the job is complete, the contractor is responsible for sending an invoice to the City. Invoice format shall include, but not be limited to, a list of all tree maintenance operations that took place, the nearest address of each tree upon said work was performed, and cost of work. Work to Conform with Specifications and Remedial Action All work performed by the contractor shall conform to the specifications of the City. Even if a specific detail is omitted within work specifications, the contractor shall regard the specifications as meaning that all work shall be performed in a good and workmanlike manner. Work not specifically mentioned in the specifications that is necessary to provide a complete task according to “trade standards” shall be included in the proposal and shall conform in strength, quality of materials, and workmanship to what is usually provided in the trade. Remedial work, including the cost to correct any consequential damages, shall be at the contractor’s expense, including labor and material costs.


Damage to City Infrastructure The Contractor shall immediately notify the City’s Project Manager of:

Any significant occurrence requiring remedy or repairs due to any damage to City infrastructure from contractor’s work; or

Damage to City infrastructure observed while on site. .

ACTIVITY SPECIFICATIONS It shall be understood that the Contractor will be required to perform and complete the proposed tree maintenance work in a thorough and professional manner, and to provide labor, tools, equipment, materials and supplies necessary to complete all the work in a timely manner that will meet the City’s requirements. Contractor may be required to perform the following tree maintenance activities throughout the City, as assigned by job task order:

A. Tree Pruning B. Root Pruning C. Tree Removal (with stump removal, as needed) D. Stump-Only Removal E. Line Clearance Pruning F. Emergency Response G. Heritage Tree Maintenance H. Holiday Tree Light Installation I. Foliar & Pesticide Treatments (if applicable) J. Arborist Services, Assessment & Inspections

A. TREE PRUNING SPECIFICATIONS Contractor shall comply with good arboreal practice for the particular species of trees and shall be consistent with the pruning standards and best management practices as adopted by the International Society of Arboriculture. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. In addition, trees shall be trimmed to provide appropriate clearance. Specific clearance measures will be provided by the City, and will vary depending on tree location and species. Trees shall be trimmed to remove any obstruction from roadways, sidewalks/walkways, around traffic control devices, traffic signs and streetlights. Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance. The techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. B. ROOT PRUNING On some occasions, the Contractor will be asked to carry out root pruning activities. Root pruning shall be consistent with ISA guidelines, based on the species of tree being pruned. When pruning, if contractor finds that roots are wider than 2 inches in diameter, Contractor shall contact the Public Works arborist for further instruction before cutting.

RFP – On-Call Tree Maintenance & Removal Services

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C. TREE AND STUMP REMOVAL SPECIFICATIONS Tree removals shall be conducted in accordance with the standards of the arboricultural profession. When removing trees, often times stump removal will be needed as well. The decision to remove the stump will be made by the City on a tree by tree basis. The Contractor is responsible for calling in all locates when directed by City to perform tree removal. The City is responsible for marking trees so that they are easily identifiable for locates and by the Contractor. The Contractor shall be required to call in locates at least 2 days before stumps are to be ground out. The City will specify how the stump of a tree shall be removed. Stumps will either be cut low to the ground, or will be ground up. When stump is to be cut, the contractor shall cut the stump as low to the ground as possible, and cover the stump that remains with dirt that is similar to that of the surrounding area. If stump is to be ground, it should be ground deep enough to reach native soils. The contractor shall grind an area around the stump a minimum distance of the diameter length plus six inches. For example, if a stump measures 14 inches in diameter, then 20 inches around the stump shall be ground, and the stump itself should be fully removed. Holes created by stump and root grinding must be backfilled the same day. Holes can be filled with the wood chips of the removed stump. All tree and stump removal debris will be removed same day. Any damaged paved surfaces shall be restored to their original condition. Any irrigation lines broken during work are the responsibility of the contractor to fix. All wood from removed trees is the property of the City and shall be disposed of at the direction of the City project manager. No wood shall be left along the public right-of-way unless approved by the City’s project manager. All debris will be removed and loaded into transport vehicle for disposal. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday. D. STUMP-ONLY REMOVAL On some occasions, the contractor will be asked to remove a stump only, as the tree will have been previously removed. In this instance, the contractor shall follow the same stump removal specifications presented in Section C. E. LINE CLEARANCE PRUNING During the course of the contract the Contractor may be assigned a task which includes work within

ten (10) feet of energized power lines. In instances that work is too close to safely carry out near

energized wires, the Contractor (unless certified) is asked to not prune these branches. PGE sends out

crews to routinely trim branches near their live wires. If the contractor sees an issue that is dangerous

or requiring immediate attention, they shall report this issue to the City, who will follow up on the

problem.


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F. EMERGENCY RESPONSE The contractor shall be required to provide emergency call out response for damaged trees as a result

of inclement weather, storms or other reasons. Emergency calls may occur at any time including

evenings, weekends or holidays. The contractor shall be provided with locations and the work to be

done at each location via telephone by a city authorized representative.

Emergency work shall begin within two (2) hours of the initial telephone call from the City.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the

names of at least five (5) contact individuals upon execution of contract. Should the contact persons

or their phone numbers change during the course of the contract, those changes shall be submitted

to the City within two (2) working days.

Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company to do any work near the lines, as specified in Section E. G. HERITAGE TREE MAINTENANCE Heritage Trees have been designated as a landmark on the basis of their importance in the historical, cultural, environmental, and physical landscape.

Pruning and maintenance of Heritage Trees requires special attention be paid to the aesthetic appeal of the tree in addition to safety and tree health. The landmark status of the tree requires that it receive specialized care and attention. Contractors may be called on to provide a number of services to prolong the life and preserve the appearance and health of heritage trees.

Contractor shall comply with good arboreal practice for the particular species of trees and shall be

consistent with the pruning standards and best management practices as adopted by the

International Society of Arboriculture.

Contractor shall provide care and maintenance of heritage trees which maintains their aesthetically

pleasing appearance typical of the species, supportive of their long-term health and cognizant of their

unique historical or cultural significance.

Contractor must comply with good arboreal practices for care of aging trees including tree

rejuvenation, soil restoration, retrenchment pruning and failure mitigation through installation of

above ground and below-ground support structures, cables or bracing.

H. HOLIDAY TREE LIGHT INSTALLATION Contractor shall provide services to the City to assist in lighting of the Bigelow Plaza Holiday tree

located at the northeast corner of the intersection at Fifth Street and A Avenue.


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The Contractor shall furnish equipment, labor and materials required to install lighting and other

decorative features on a 110 foot Sequoia. The City will provide 62, medium sized decorative

snowflake lights to be installed on the tree, along with a brewers cord with multiple sockets. It is

expected that the contractor will install lights over the entire height of the tree (110 feet). The use of

a climber will most likely be needed to hang the lights at the top of the tree.

The Contractor shall be available to install lighting within a 2 week period before Thanksgiving. The

lights should be installed no later than 2 days prior to Thanksgiving, and no sooner than 2 weeks

before that date. The Contractor shall be required to furnish all supervision, labor, equipment and

materials necessary to accomplish the work in accordance with the contract. In addition, the

contractor is responsible for take down of the lights, sometime between January 2nd and 15th, no

sooner, and no later.

I. FOLIAR & PESTICIDE TREATMENTS The City may periodically require the Contractor to treat for insects or disease. Treatment will be done

only when specifically requested by the City project manager. The Contractor shall abide by arboricultural

and integrated pest management best practices. Treatments may include soil or foliar applications.

Method of treatment must be approved by City project manager.

a. Chemical Use

The City is a strong advocate of sustainable landscape practices, and as such encourages the use of cultural practices and other IPM procedures over chemical applications to manage weeds and maintain healthy and attractive landscapes. It is expected that the successful proposer will also adhere to this ethic in maintaining all sites included in this project

b. Pesticide Application Certification All pesticide applications must be performed by a certified applicator, licensed in the State of Oregon. Prior to beginning work on this project, the Contractor is required to supply the City Project Manager with Oregon Department of Agriculture Pesticide Applicators License numbers for all persons making applications.

c. Pesticide Application Records

The Contractor shall provide the City Project Manager with a copy of a pesticide application record for all pesticide applications. The application record shall conform to requirements of ORS 634.146. The record shall include the name of the person or company making the application, the location of application site, date and time of application, the name of the person for whom the application is being made, the person and company supplying the pesticide, trade name and strength of the pesticide, the amount of concentration of the pesticide, the specific target to which the pesticide was applied, summary information of equipment and device used to make application, the names of the pesticides applicators actually making the application and their Oregon Department of Agriculture Pesticide Applicators License numbers, the area in square feet covered and the application ratio.


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The Contractor will provide to City Project Manager at 5705 Jean Rd., Lake Oswego, OR 97035 (FAX 503-697-7411) the monthly spray log by the 5th day of the following month. The Contractor shall follow all State and Federal pesticide laws occurring now or anytime in the future, an example being the PURS Registration and Reporting Law. The Contractor shall take all necessary measures to keep pesticides from getting into streams and the City surface water system.

d. Spray Notification and Coordination of Date(s) of Work The Contractor will contact the City’s Project Manager two (2) working days prior to any pesticide application unless previously authorized. The Project Manager may require the Contractor to delay performance of the work if anticipated site conditions, weather, or requirements for pesticide application are not suitable for the Work.

J. ARBORIST SERVICES, ASSESSMENTS & INSPECTIONS On occasion, the City requires tree evaluations including written reports. The contractor shall provide

an hourly rate for an Arborist that can respond to the City’s request(s) for the preparation of detailed

arborist reports, tree evaluations and site inspections. Reporting can be generated on as little as one

tree and is handled on a case-by-case basis.

In order to complete work and assessments that are consistent with the City’s tree code, the

Contractor is encouraged to obtain a Tree Risk Assessment Qualification from ISA.

CONTRACTOR PRACTICES Federal & State Health & Safety Requirements Work must be in compliance with all Federal OSHA Regulations, the Oregon Occupational Safety and Health Code in conjunction with the Oregon Workers’ Compensation Department, and all applicable federal and state regulations. Non-Discrimination The Contractor shall not discriminate in the employment of persons for this work based on race, religion, color, national origin, sex, sexual orientation, age, marital status, handicap, or political affiliation. Equal Employment Compliance All information and reports required by the State departments having responsibility for the enforcement of such laws shall be supplied to the City upon request for purposes of investigation to ascertain compliance with such acts, regulations and orders. Contractor participation in this program will be required. // //


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SECTION 3 – INSTRUCTIONS TO PROPOSERS

PROPOSER CONFORMANCE TO SOLICIATION REQUIREMENTS Proposals must follow the requirements stated within this Request for Proposals. Adherence to these requirements will ensure a fair and objective analysis of your Proposal. All responses must be made in the format outlined in the sections below and Section 4 – Proposal Requirements. Failure to comply with or complete any part of this Request for Proposals may result in rejection of your proposal.

ANTICIPATED SOLICITATION AND AWARD SCHEDULE (SUBJECT TO CHANGE)

Item Date

Advertise RFP September 15, 2016

Deadline for written request for clarification September 26, 2016

Addenda Issued, if any October 3, 2016

Proposals due from Proposers at 10:00 a.m. October 10, 2016

Notice of Intent to Award* October 14, 2016

Award Service Contract* November 1, 2016

Commencement of Services* November 4, 2016 *Note: Date of award of contract may be shortened or extended, as necessary to negotiate any of proposer’s modifications to contract.

PROPOSER QUESTIONS REGARDING RFP If discrepancies or omissions are found or there is doubt as to the true meaning of any part of this RFP, a written request for clarification or interpretation shall be submitted no later than the date stated for “Deadline for written request for clarification” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above, to the City’s Project Manager. Responses to requests for clarification along with any addenda to this RFP will be issued in the manner provided for RFP addenda, below.

MODIFICATION OF REQUEST FOR PROPOSALS / PROPOSER’S OBLIGATIONS REGARDING DISTRIBUTION OF RFP ADDENDA / RFP WITHDRAWAL The City may modify, revise or withdraw this Request for Proposals. Any change to this document shall be made by written addendum by the City. Addenda shall be issued no later than the date stated for “Addenda Issued, if any” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above. Addenda shall be distributed to registered Proposers as follows:


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Posted on the City of Lake Oswego’s Bid & RFP Information webpage (http://www.ci.oswego.or.us/publicworks/bid-rfp-information), which shall be the means of distribution to all Proposers that have registered through said webpage.

Emailed to all Proposers that obtained the RFP in person, and signed the Proposer Registration List and provided their email address in legible form.

If a Proposer is not within with the above two categories, the Proposer must contact the City’s Project Manager on the 4th business days prior to the Deadline for Submission of Proposals, to ascertain whether an addenda are issued and to arrange to pick up a copy of the addenda.

Any addenda so issued shall be considered part of this RFP.

SUBMISSION OF PROPOSALS Deadline for Submission: The deadline to submit the Proposal is stated at “Proposals due from Proposers at 10:00 a.m.” in the “Anticipated Solicitation and Award Schedule (Subject To Change)” subsection above. Manner of Submitting Proposal: Proposals are to be submitted by one of the following methods:

A. Online. Submit Proposal in PDF format via instructions on City of Lake Oswego’s Bid & RFP Information webpage (http://www.ci.oswego.or.us/publicworks/bid-rfp-information).

B. In Person. Four (4) copies of the Proposal, plus one (1) copy of the Proposal in electronic PDF format on a USB flash drive must be submitted in a sealed envelope.

Deliver to Jim Bateman, Lead Superintendent/Project Manager, at Public Works office, 5705 Jean Road, during regular business hours.

Complete Proposer Registration List, listing name of Proposer, contact person, legible email address, and telephone number.

PROPOSAL WITHDRAWAL Any Proposal may be withdrawn at any time before the "Proposal Deadline" date and time specified in the Notice of Request for Proposals by providing written request for the withdrawal of the proposal to the City Project Manager. The request shall be executed by a duly authorized representative of the Proposer. Withdrawal of a proposal will not prejudice the right of the Proposer to file a new proposal.

REJECTION OF PROPOSALS / CANCELLATION OF SOLICIATION The City reserves the right to reject any or all Proposals. The City may reject any proposal not in compliance with all prescribed public proposing procedures and requirements and may reject any or all Proposals upon a finding of the City that it is the public interest to do so. However, the City also reserves the right to waive any non-material irregularities or information in any proposal. Receipt and evaluation of proposals do not obligate the City to award a contract.




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DURATION OF PROPOSAL All Proposals shall be effective for sixty (60) days following the deadline for submission of Proposals.

PROPOSAL COSTS The Proposer is liable for all costs incurred in the preparation and submission of the proposal.

OWNERSHIP OF PROPOSAL MATERIALS Any material submitted by a Proposer shall become the property of the City unless otherwise specified.

PUBLIC RECORDS Proposal materials submitted are “public records” pursuant to ORS 192.410 et seq., and are subject to public disclosure following award of contract, except to the extent the material is exempt from disclosure by law. Proprietary information should be segregated on separate page(s) and each page marked “confidential / proprietary”. This shall be deemed to be a request for confidentiality of the information on the designated page(s). If a request is made for disclosure of the material on the pages marked “confidential / proprietary,” City shall notify the Proposer and provide an opportunity to defend against the request for disclosure, subject to the time limitations imposed upon the City for review and response to requests for disclosure.

NON-DISCRIMINATION STATEMENT This solicitation is open to all persons without regard to race, religion, color, national origin, sex, sexual orientation, age, marital status, handicap, or political affiliation.

EQUAL EMPLOYMENT COMPLIANCE REQUIREMENT By submitting this proposal, the Proposer certifies conformance to the applicable Oregon statutes and regulations concerning Affirmative Action toward Equal Employment Opportunities.

NON-COLLUSION REPRSENTATION By submission of a Proposal, the Proposer certifies that no officer, agent or employee of the City of Lake Oswego has a financial interest in this project or has participated in contract negotiations on behalf of the City; that the proposal is made in good faith, without fraud, collusion, or connection of any kind with any other proposer for the same solicitation; the proposer is competing solely on its own behalf without connection with, or obligation to an undisclosed person(s) or firm(s). PUBLIC CONTRACT RULES Except as modified by the terms of this Request for Proposal, the terms and procedures of the Lake Oswego Public Contract Rules (LOPCRs) shall apply. A copy of the LOPCR may be obtained by contacting the Project Manager or at the Lake Oswego City Attorney’s Office website, http://www.ci.oswego.or.us/cityattorney/, under the “Resources” tab.

http://www.ci.oswego.or.us/cityattorney/


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SECTION 4: PROPOSAL REQUIRMENTS

Proposal Requirements are used to demonstrate that the Proposer meets Section Five, Evaluation of Proposals. Accordingly, the Proposer should review the criteria during the preparation of proposal. All proposals must be submitted with a 20 single sided page limit, with all exhibits and forms required included in the proposal length.

Proposal Components Proposals must contain the following completed components, which are explained in greater detail below:

1. Title Page 2. Firm Background, Similar Work and References 3. Key Personnel and Certifications 4. Unit Cost Form – Exhibit A 5. Situational Cost Estimates and Work Approach – Exhibit B

Failure to complete and submit all required forms will result in a non-responsive proposal. Title Page Proposer Title Page should identify the RFP subject, name and title of contact person, address, telephone number, email address, and date of submission. Background of the Firm The Proposal should include a brief history of the firm, culminating in a description of the firm today, how many employees work for the firm, and the primary location of the office that will be dispatching and managing work in the field. Proposers can also include and areas of expertise which are relevant to the work activities under the scope of the contract. Similar Work Proposals should include background and experience in performing this type of work. This should include two examples of similar projects completed in the last 5 years. Include projects that best demonstrate the Proposer’s abilities to accomplish this Work in a professional, timely, and cost-effective manner. References Proposals should include references for similar services from the two examples of similar work. At least one reference from each similar work experience is required. Specifically, the reference information shall include the name and address of the customer, and the name, telephone number, and email address (if available) of the project manager for each reference. Key Personnel and Certifications This portion of the proposal should include an introduction of key personnel that will be working under the contract. Specifically include information about on-site lead workers and supervisors, and employees that may be working near live wires. Provide a brief background of each person, along with a list of relevant certifications and certification numbers. See “Certifications” in Section Two for a list of certifications the City is specifically interested in.


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Cost Forms Proposals will be evaluated utilizing the cost estimates provided by each Proposer. Costs will be presenting in two different forms, to give a comprehensive estimate about how much the different work activities will cost. The Unit Cost Form should provide the basis for the Situational Cost Estimates and Work Approach information. Both cost forms will be taken into consideration during proposal evaluation. If either portion is not completed or omitted from the proposal, it will be considered a non-responsive bid.

o Unit Cost Form, Exhibit A: Proposers shall fill out form with rates for labor and equipment costs on an hourly basis. Also, the Proposer is asked to indicate which services, if any, will be furnished by a subcontractor. The sheet does not include every piece of equipment or material that will be used by the contractor, but provides enough information for proposal purposes. This sheet should be used as the basis for the Situational Cost Estimates, explained further below.

o Situational Cost Estimates and Work Approach, Exhibit B: In addition to providing unit costs, the Proposer is presented with several scenario based work assignments, and asked to estimate the cost for the work, as well as answer questions about their approach to the work activity described. Situational cost estimates should include and add together all charges by the contractor to do the work, including labor, equipment, and any materials used. To complete this portion of the proposal, proposers will need to visit a hypothetical ‘work site’ at the Lake Oswego Library and the location of the Holiday Tree. Further information and directions can be found in Exhibit B.

SERVICE CONTRACT TERMS The form of Contract that the successful Contractor will be expected to execute if awarded the contract is included. The Proposer should include in the proposal any objections to the form or terms of the Contract.

SECTION 5: EVALUATION OF PROPOSALS SELECTION EVALUATION COMMITTEE All proposals shall be reviewed and evaluated by the Selection Evaluation Committee, as selected by the City’s Public Works Director.

PROPOSAL EVALUATION CRITERIA Written Proposals will be evaluated on the basis of the following criteria: Background of Firm [Maximum 5 points] Provide information that is helpful in defining the firm’s key characteristics: history of the firm leading into current operations. General information about the firm, number of employees, office/dispatch location, areas of expertise, and any other information to highlight the overall strengths of the firm will be taken into account. Similar Work [Maximum 10 points] Present two projects or contracts that the firm has managed and completed within the past five (5) years, to exemplify the capabilities of the firm to work under this contract.


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References [Max 10 points] For each of the two projects listed as similar work in five (5) years, proposer should provide references for the City to follow up on. References will be contacted, and their feedback will affect the scoring of this section. Key Personnel and Certifications [Maximum 15 points] The main employees working under the contract should be identified and introduced. Information about their qualifications, prior experience, and expertise may be discussed. A list of each employee’s certifications and certification numbers must be included in the proposal. Cost Forms [Maximum 60 points]:

Unit Cost maximum 25 points

Situational Cost and Approach to Work maximum 35 points All cost forms must be submitted and complete for the proposal to be considered responsive. The unit cost form should be used by the proposer as a basis for compiling the situational cost estimates. The evaluation committee will reference the Unit Cost Form to check for accuracy between the unit costs and the situational estimate. In addition to the cost estimates provided in the Situational Estimates and Approach section, the Evaluation Committee will take the proposer’s answers about their approach to work into account when scoring. These answers inform the City about the firm’s general work practices. METHOD OF SELECTION: The Selection Evaluation Committee will review and evaluate all qualifying and responsive Proposals received in response to this RFP, based upon the above criteria. If awarded, the City will award a contract to the Contractor whose proposal the selection team deems would be most advantageous to the City, subject to resolution of Objections to Proposed Contract. During the evaluation process, the City has the right to request clarifications needed to better understand the proposal. Any clarifications to the proposal of the successful Proposer will be reduced to writing and made a part of the Proposal prior to issuance of Notice of Intent to Award. OBJECTIONS TO PROPOSED CONTRACT Any objections to the form of the Contract shall be considered after a determination of the apparent highest ranked responsive, responsible Proposal is made, and the terms shall be subject to negotiation. The Project Manager, in consultation with the City Attorney, shall determine if any proposed modifications to the form of Contract requested by the apparent successful Proposer are acceptable to the City and do not present material risk to the City or increase the City’s costs. If the final negotiated terms are not acceptable to the apparent highest ranked responsive, responsible Proposer, that Proposer shall be declared not to be responsive, and the next apparent highest ranked responsive, responsible Proposer’s proposal and objections to form of Contract, if any, shall be considered, and so forth in order, until a responsive, responsible Proposer agreeable to execution of a form of Contract acceptable to the City and to the Proposer is ascertained.


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NOTICE OF INTENT TO AWARD Notice of Intent to Award the contract shall be issued by the City’s Project Manager as provided in AG Model Rules OAR 137-047-0610 to each Proposer in the same manner as issuance of Addenda (except Proposers in the third category must contact the City’s Project Manager not later than the 2nd business days after the Deadline for Submission of Proposals and each business day thereafter to ascertain when the Notice of Intent to Award is issued, or provide a legible email address). Any protest of the intended award of contract must be submitted in accordance with AG Model Rules OAR 137-047-0740.


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EXHIBIT A: UNIT COST FORM – please complete and remit with proposal

LABOR & EQUIPMENT COST UNIT Subcontracted Activity?

ISA Certified Arborist Per hour

ISA Certified Tree Worker Climber Specialist Per hour

General Laborer: groundsperson, truck driver, other (non-tree related) worker

Per hour

Tree Assessments and/or Reports Per hour

Covered truck with chipper Per hour

Bucket truck Per hour

Pick-up truck Per hour

Stump grinder Per hour

Traffic control costs Per hour

Disposal Fee Per yard


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EXHIBIT B: SITUATIONAL COST ESTIMATES AND WORK APPROACH

For this portion of the proposal, the City asks that the proposer review four work scenarios that will likely take place under the proposed contract, visit the work sites, and then answer questions about each task, including a total cost estimate for the work, and how the firm would approach the work task. The evaluation team will review both the cost estimates and the approach to work. Any questions regarding this portion of the Request may be directed to Pam Peterson, Public Works Arborist, at (503)534-5686 or [email protected]. The first three hypothetical work tasks presented are located at the Lake Oswego Library, 706 4th St, Lake Oswego, OR 97034. The map on the following page shows the library property, with the three specific work sites marked and identified in the key. A description of each work task is provided below, along with corresponding questions. Read the scenarios, visit the site, and then answer the questions. Hypothetical Task One: Crown Cleaning of Four Deciduous Trees In the back parking lot of the library, four deciduous trees border the west side of the lot. The trees are located in a concrete island, bordered on one side by the parking lot, and an alleyway on the other. There are no power lines nearby. For this estimate, assume that the crown cleaning is needed for each tree.

- What is the total cost estimate for this task? $________________ (Please include all labor, equipment, material, and other costs that may be billed to the City.)

- Please name the tree species: _____________________. - What is the DBH of each tree?: _____; ______; _____; ______. - Please describe the firm’s approach to work for this type of task:

______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (Attach additional sheet if necessary for answer)

- How many workers would be on site for this task? ______ - Would traffic control be necessary? ________ - What time of day is best to complete this task? __________

Hypothetical Task Two: Dead Tree and Stump Removal In the back northwest corner of the library parking lot is a dead tree that needs to be removed. The stump must also be removed, and the City would like the stump to be ground on site.


- Please describe the firm’s approach to work for this type of task: ______________________________________________________________________

mailto:[email protected]


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_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (Attach additional sheet if necessary for answer)

- How many workers would be on site for this task? ______ - Would traffic control be necessary? ________ - How many hours would it take to complete this task? ________ - Will subcontractors be needed for this task? _________

Hypothetical Task Three: Pruning of Four Small Deciduous Trees On the west side of the library, along 4th Street, there are (among others) four smaller deciduous trees that require pruning. Pruning must be done so that the trees are not obstructing pedestrian and vehicle traffic.


- Identify the tree species and DBH: ______________________ ; _______ DBH - Please describe the firm’s approach to work for this type of task:

______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (Attach additional sheet if necessary for answer)

- How many workers would be on site for this task? ______ - What would the pruning specifications be (i.e., how much would be trimmed?)

Hypothetical Task Four: Lake Oswego Holiday Tree Lights The location of this task is not listed on the map, but proposers are encouraged to visit the site to get an accurate idea of what the task would entail. The City’s holiday tree is a 110 foot tall sequoia, located on the corner of 5th Street and A Avenue. For this task, the Contractor is asked to put up and take down the lights on the tree. The tree is decorated with 62 medium sized decorative snowflake lights, and connected via a brewers cord with multiple sockets. All lighting and cords are provided by the City. The contract is also asked to remove the lights and return them to the City after the holiday season has passed.


- Please describe the firm’s approach to work for this type of task: ______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ (Attach additional sheet if necessary for answer)

- How many workers would be on site for this task? ______ //


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- What equipment would be needed to complete this task? _______________________ ___________________________________________________________________________

- How long would it take to complete this task (putting up and taking down)? _____________ - Would traffic control be needed? _______________________

Figure One: Situational Estimate Work Sites 1-3


Attachment One: Heritage Tree Sites


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Attachment Two: Contract Language

Standard On-Call Contract

CITY OF LAKE OSWEGO

Standard On-Call Service

ON-CALL TREE TRIMMING, MAINTENANCE, AND REMOVAL ACTIVITIES

Contractor: Contractor Name Date of Contract:

November 4, 2016

Mailing Address:

Mailing Address Date of Completion:

November 4, 2017

Option to

Renew: Up to 4 annual renewals

WITNESSETH: Contractor and the City of Lake Oswego, an Oregon municipal corporation, mutually covenant and agree to and with each other as follows: 1. SCOPE OF WORK AND CONTRACT DOCUMENTS. The Contractor shall perform the Project as outlined in this Contract. The contract documents shall consist of, and any conflicts shall be resolved in the following priority:

A. This Contract; B. The City of Lake Oswego Standard Public Contract Provisions, which are attached and

hereby incorporated by reference; C. The exhibit(s) to this Contract in the following order of priority:

Exhibit A – Scope of Work (RFP excerpt) Exhibit B – Contractor’s Response to RFP

This contract shall supersede any prior representation or contract, written or oral.

The specific time and locations of services to be provided hereunder are “on-call” and shall be defined by City in the individual job orders from time to time during the term of this Contract. The amount of services to be requested by City under this Contract is unknown, and therefore there is no expectation as to the amount of service work to be requested. The City may have issued similar on-call contracts to other contractors for similar work. In that event, the Project Manager will call upon the Contractor when a need for service arises and other contractors who provide the similar service needed at the time at less cost to the City are not available.


2. DURATION OF CONTRACT. This Contract shall become effective on the date this Contract has been signed by every party hereto. Contractor acknowledges that no work has been or will be performed for the project under this Contract until this Contract is fully executed and effective. Contractor shall complete performance of this contract on or before the Date of Completion stated above. This contract may be renewed annually at the option of the City, for 4 successive years, provided however that the original and renewal terms of the contract shall not exceed 5 years from the date of commencement of the contract. Any renewal shall be upon the same original terms and provisions. Renewal shall be given in writing by the City not less than 30 days prior to the expirations of the original term or each renewal period. 3. PAYMENT. A. Amount of Payment. Contractor shall be compensated for all goods, materials, expenses, and services as follows: payment based on lump-sum payment tasks, reimbursement of expense costs, and Contractor’s rate schedule, as set forth in Exhibit A ; provided however that the contract amount for the first contract year shall not exceed $__150,000___, and thereafter as adjusted pursuant to the below provision for rate adjustments. The City may request in a job order that the Contractor provide an estimate of the cost of the specific job, and whether that cost estimate is the Contractor’s best guess or is a Not to Exceed Amount as to that job order. Upon any renewal, the annual Contract Amount (or if unit prices are stated, then the unit price for each item) for the renewal term shall be adjusted by the percentage increase of the Portland Consumer Price Index of the US Dept. of Labor Statistics (http://www.bls.gov/cpi/; select “Regional Resources” / Portland, OR), based upon the rate of change from the preceding half-year (HALF) of prior year to the prior reported half-year (HALF). Example, if determining the rate of change for a renewal date of December 1, 2016, the increase would be 2.2% [233.735 (HALF1 for 2013) minus 228.746 (HALF1 for 2015) / 228.746 = 2.18%, rounded to 2.2%]. B. Manner of Payment. Payment shall be due to the contractor, in accordance with the subsection Date of Payment below, upon the following: An invoice shall be submitted by contractor within 30 days following the commencement of any work under a job order, and shall continue each month thereafter while any job work is being performed. The invoice shall contain the charges for all work performed during the invoice period. The invoices shall describe all performances and explain all expenses for which reimbursement is claimed. Contractor shall send invoices to City’s Public Contracting Officer."

C. Taxpayer Identification Report / Date of Payment. No payment shall be due to the Contractor until the Contractor has submitted to the City’s Finance Department IRS Form W-9 Request for Taxpayer Identification and Certification (http://www.irs.gov/pub/irs-pdf/fw9.pdf). The City prefers to pay contractors by electronic fund transfer; the contractor may submit the EFT agreement (http://tinyurl.com/LO-EFT) to the City’s Finance Department. Payment shall be tendered, when due within 30 days from the date of receipt of the invoice. 4. TIME IS OF THE ESSENCE. Contractor agrees that time is of the essence under this Contract.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

http://tinyurl.com/LO-EFT


5. TERMINATION.

A. Parties' Right to Terminate for Convenience. This Contract may be terminated at any time by mutual written consent of the parties. B. City’s Right to Terminate for Convenience. City may, at its sole discretion, terminate this Contract, in whole or in part, upon 10 days notice to Contractor. C. City's Right to Terminate for Cause. City may terminate this Contract, in whole or in part, immediately upon notice to Contractor, or at such later date as Public Contracting Officer may establish in such notice, upon the occurrence of any of the following events: (i) City fails to receive funding, or appropriations, limitations or other expenditure authority at levels sufficient to pay for Contractor's Work; (ii) Federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the Work under this Contract is prohibited or City is prohibited from paying for such Work from the planned funding source; (iii) Contractor no longer holds any license or certificate that is required to perform the Work; or (iv) Contractor commits any material breach or default of any covenant, warranty, obligation or agreement under this Contract, fails to perform the Work under this Contract within the time specified herein or any extension thereof, or so fails to pursue the Work as to endanger Contractor's performance under this Contract in accordance with its terms, and such breach, default or failure is not cured within 5 business days after delivery of Public Contracting Officer's notice, or such longer period as Public Contracting Officer may specify in such notice. D. Contractor's Right to Terminate for Cause. Contractor may terminate this Contract upon 30 days' notice to Public Contracting Officer if City fails to pay Contractor pursuant to the terms of this Contract and City fails to cure within 30 business days after receipt of Contractor's notice, or such longer period of cure as Contractor may specify in such notice. E. Remedies. In the event of termination pursuant to subsections B, C(i), C(ii) or D, Contractor's sole remedy shall be a claim for the sum designated for accomplishing the Work multiplied by the percentage of Work completed and accepted by Public Contracting Officer, less previous amounts paid and any claim(s) which City has against Contractor. If previous amounts paid to Contractor exceed the amount due to Contractor under this subsection, Contractor shall pay any excess to the City upon demand. In the event of termination pursuant to subsection C(iii) or C(iv), City shall have any remedy available to it in law or equity. If it is determined for any reason that Contractor was not in default under subsection C(iii) or C(iv), the rights and obligations of the parties shall be the same as if the Contract was terminated pursuant to subsection B. F. Contractor's Tender upon Termination. Upon receiving a notice of termination of this Contract, Contractor shall immediately cease all activities under this Contract, unless Public Contracting Officer expressly directs otherwise in such notice of termination. Upon termination of this Contract, Contractor shall deliver to Public Contracting Officer all


documents, information, works-in-progress and other property that are or would be deliverables had the Contract been completed. Upon Public Contracting Officer's request, Contractor shall surrender to anyone Public Contracting Officer designates, all documents, research or objects or other tangible things needed to complete the Work. 6. INSURANCE. The Contractor will not perform any work under this contract until the City has received copies of applicable insurance policies or acceptable evidence that the insurance indicated as required in subsection D below is in force. A. Scope of Insurance. The Contractor shall obtain prior to the commencement of the Contract, and shall maintain in full force and effect for the term of this contract, at the Contractor's expense, the policies indicated below in subsection D for the protection of the Contractor. The Contractor shall not undertake any acts that shall affect the coverage afforded by the above policy. If the insurance policy is issued on a “claims made” basis, then the Contractor shall continue to obtain and maintain coverage for not less than three years following the completion of the contract. If no automobile liability insurance policy is required in subsection D, Contractor expressly acknowledges and agrees that City is not providing any automobile insurance to Contractor and that as to the City and any third parties, Contractor bears sole liability for claims, damages, injury (including death) and losses, arising out of or resulting from Contractor's operation of Contractor's automobile or any other automobile, whether or not such use is related to Contractor's work under this contract, and Contractor shall make no claim against the City for any claim, damage, injury, or loss resulting thereby. Notwithstanding the foregoing, Contractor further agrees that Contractor shall not transport any third parties while performing services under this Contract in Contractor's automobile or any other automobile unless Contractor has obtained the prior written consent of the City. B. Coverage Amount. The policies shall be issued by a company authorized to do business in the State of Oregon, protecting the Contractor or subcontractor or anyone directly or indirectly employed by either of them against liability for the loss or damage of personal and bodily injury, contractual liability, death and property damage, and any other losses or damages above mentioned with limits not less than as stated in subsection D below or the limit of public liability contained in ORS 30.260 to 30.300 for any policy, whichever is greater.

C. Certificate of Insurance / Additional Insured and Waiver of Subrogation Endorsement. The Contractor shall cause the insurance company to provide the City with: (i) a certificate of insurance and, (ii) if an additional insured endorsement is indicated as required in subsection D below, an endorsement thereto naming the City, its officers, agents, and employees as an additional insured for those policies indicated. The policies will be endorsed to provide a waiver of subrogation in favor of the City and all additional insureds. The Contractor shall provide the City written notice of cancellation or material modification of the insurance contract for not less than the following notice for the purposes stated: 30 days prior notice for reasons other than non-payment; 10 days prior notice for non-payment. The Contractor shall further cause a certificate of insurance to be issued not less than 5 days prior to any policy expiration date by the Contractor’s insurance company or companies during the term of the Work, to assure that the required insurance is maintained.


D. Insurance Policy Requirements.

Required? Type of Insurance Minimum Coverage City named as Additional Insured

Yes Comprehensive general or commercial general liability

$2,000,000 per occurrence and $3,000,000 in the aggregate

Yes

No Protection and Indemnity US L&H

$2 million per accident $2 million per person per accident

Yes Automobile liability $2,000,000 per accident-combined single limit or $2,000,000 bodily injury and $1,000,000 property damage

No Professional liability $2,000,000 per claim/claim

No

Yes Or No (if initialed)

Workers Compensation Employer’s Liability ____________________ [______] Contractor Initial if Exempt from Worker Comp Coverage

Statutory Coverage $1 million per person per accident _______________________________ Contractor warrants and represents contractor does not employ any persons that would require contractor to provide workers compensation insurance benefits.

* The amounts may be achieved by a combination of base coverage and umbrella coverage.

INSERT CONTRACTOR NAME HERE By:_________________________________ Name:______________________________ Title: _______________________________ Date: _______________________________ Check one:

___ Sole Proprietor ___ Partnership ___ Corporation ___ Limited Liability Company ___ Limited Liability Partnership ___ Other: ___________________

Domicile, if other than Oregon:__________________

CITY OF LAKE OSWEGO, an Oregon Municipal Corporation ____________________________________ Scott Lazenby, City Manager Date: ______________________ Public Contracting Officer 380 A Avenue PO Box 369 Lake Oswego, OR 97034 APPROVED AS TO FORM: ___________________________________ Evan P. Boone, Deputy City Attorney

CITY OF LAKE OSWEGO STANDARD PUBLIC CONTRACT PROVISIONS FOR PERSONAL SERVICE / SERVICE CONTRACT (6/16)

Page 1 – City of Lake Oswego Standard Public Contract Provisions (5/15)

The following City of Lake Oswego Standard Public Contract provisions are made a part of the Contract between City and Contractor by reference. Where the Lake Oswego Redevelopment Agency (LORA) is the contracting party, “City” shall refer to LORA.

CHANGES

This contract, including all attachments and exhibits annexed hereto, shall not be subject to modification or amendment except in writing, executed by both parties. This contract and any substantive changes to the scope of work or changes to the contract costs will not be effective until approved in writing by the City’s Public Contracting Officer (PCO).

INDEPENDENT CONTRACTOR STATUS The Contractor agrees and certifies that: A. The Contractor is engaged as an independent contractor. Although the PCO reserves the right (i) to determine (and modify) the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance, City cannot and will not control the means or manner of Contractor's performance, nor provide any tools or equipment for the performance of the Work, except as provided elsewhere in this Contract. Contractor is responsible for determining the appropriate means and manner of performing the Work. B. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Contract and, unless Contractor is subject to backup withholding, City will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. C. The Contractor will not, on account of any payments made under this contract, be eligible for any benefit from federal social security, workers' compensation, unemployment insurance, or the Public Employee's Retirement System, except as a self-employed individual; D. Contractor is not currently an employee of the federal government or the State of Oregon; and E. The Contractor is not a contributing member of the Public Employee's Retirement System. F. Contractor is not an "officer," "employee," or "agent" of the City, as those terms are used in ORS 30.265.

OTHER CONTRACTORS The City may undertake or award other contracts for additional or related work, and the Contractor shall fully cooperate with such other contractors and with any City employees concerned with such additional or related work, and shall coordinate its performance under this contract with such additional or related work. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by City employees.

SUBCONTRACTORS AND ASSIGNMENT Except as set forth in Contractor’s proposal or otherwise in this Contract, no subcontract shall be made by the Contractor with any other party for furnishing any of the work or services herein contracted without obtaining the prior written consent of the City, which City may withhold without cause. In addition to any other provisions PCO may require, Contractor shall include in

any permitted subcontract under this Contract a requirement that the subcontractor be bound by the following sections of this Contract as if the subcontractor were the Contractor: Independent Contractor Status; Other Contractors; Hours of Labor; Ownership of Work; Indemnity and Hold Harmless; Records; Attorney Fees; Compliance with Laws. PCO's consent to any subcontract shall not relieve Contractor of any of its duties or obligations under this Contract. This contract is not assignable by the Contractor, either whole or in part, unless Contractor has obtained the prior written consent of the City. City and Contractor are the only parties to this Contract and are the only parties entitled to enforce its terms. Nothing in this Contract gives, is intended to give, or shall be construed to give or provide any enforceable benefit or right, whether directly, indirectly or otherwise, to third persons.

HOURS OF LABOR For those employees of Contractor covered or subject to Oregon employment laws, the Contractor shall pay employees for overtime work performed under the public contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201 et seq.).

ERRORS The Contractor shall perform such additional work as may be necessary to correct Contractor’s errors in the work required under this contract without undue delays and without additional cost.

REPRESENTATIONS AND COVENANTS A. Contractor's Representations. Contractor represents and covenants to City that: (1) Contractor has the power and authority to enter into and perform this Contract, (2) This Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, and if Contractor is a partnership, corporation or other form of business entity, this contract was duly approved and executed pursuant to authority of the governing body or parties of the Contractor, (3) Contractor is not in violation of any Oregon tax laws. (4) Upon acceptance of each project, the Contractor warrants that it will carefully examine, as necessary, the site of the work contemplated and any plans, specifications, and contract documents pertaining to work, with the exception of unknown physical conditions at the work site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided herein.. (5) Contractor shall, at all times during the term of this Contract, be qualified, professionally competent, and duly licensed to perform the Work.

(6) Contractor will accomplish the work using a standard of performance and care that is currently accepted by other contractors engaged in similar work, under similar conditions and at the date the services are provided in the Portland metropolitan area (Standard of Care). (7) Contractor’s invoices shall describe all work performed with particularity, by whom it was performed, and



shall itemize and explain all expenses for which reimbursement is claimed. Contractor shall send invoices to City’s Project Manager.

(8) Contractor’s completion shall not extinguish or prejudice City's right to enforce this Contract with respect to any breach of Contractor warranty or any default or defect in Contractor performance (defect is defined herein as services that do not conform to the Standard of Care (Section 6) in the performance of the Contract). (9) Contractor has no present interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its Work, and that in the performance of this contract no person having any such interest shall be employed. (10) Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of contractor’s services, and in the performance of this contract no person having any such interest shall be employed. B. Cumulative. The representations and covenants set forth in this section are in addition to, and not in lieu of, any other representations and covenants provided.

OWNERSHIP OF WORK All work products of the Contractor, including background data, documentation and staff work that is preliminary to final reports, which result from this contract are the exclusive property of the City. If this contract is terminated by either party or by default, the City following payment as required by the Contract, in addition to any other rights provided by this contract, may require the Contractor to transfer and deliver such partially completed reports or other documentation that the Contractor has specifically developed or specifically acquired for the performance of this contract.

The reports and all material contained in the reports (graphics, photos, etc.) shall become the property of the City; the City may reproduce and distribute the reports, or any part thereof, in such form as the City desires.

ELECTRONIC CONTRACTING AND REPORTS This contract and any amendments may be executed by

a party electronically by use of a digital signature issued by a city-recognized certification authority (such as Symantec Digital ID), pursuant to the Oregon Uniform Electronic Transactions Act, ORS Ch. 84.001 – 84.063. Upon execution of this contract electronically, the party consents to conduct further communications and transactions under this Contract by electronic means.

Unless otherwise stated in the Scope of Work or separately waived in writing, all final reports, including reports of phases of the project and of the entire project, shall be provided in both written and electronic format. Electronic format shall be in a format coordinated with the PCO and shall be fully compatible with such software programs specified by the PCO, .e.g. Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Access, Microsoft Publisher, Adobe Creative Suite, Adobe PDF, or such other software program as specified by the PCO.

INDEMNITY AND HOLD HARMLESS The Contractor shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including reasonable attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property, but only to the proportionate extent caused by or resulting from any act, error, or omission (excepting professional services performed under this Contract) of an act sustained in connection with the performance of this contract or by conditions created thereby, or based upon Contractor’s violation of any statute, ordinance or regulation. With respect to professional services performed under this Contract, Contractor shall defend, indemnify, and hold the City, its officers, agents and employees, harmless against all liability, loss, or expenses, including reasonable attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property , but only to the proportionate extent caused by any negligent act, error, or omission of an act sustained in connection with the performance of this contract or by conditions created thereby, or based upon violation of any statute, ordinance or regulation.

RECORDS Contractor shall have access to the books, documents, papers and records of the City as necessary for Contractor's performance of the work. The Contractor shall not disclose all or any part of such records to any other person, firm, corporation, association or other entity except as reasonably necessary to carry out the Work, without the consent of the Public Contracting Officer. The Contractor agrees that the City and its authorized representatives shall have access to the books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcripts. Contractor shall maintain all fiscal records directly relating to this Contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this Contract in such a manner as to clearly document Contractor's performance. Contractor acknowledges and agrees that City’s duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of Contractor that are pertinent to this Contract to perform examinations and audits and make excerpts and transcripts. Contractor shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this Contract, whichever date is later.

PUBLICATION RIGHTS/RIGHTS IN DATA To the extent the Work Product consists of material capable of publication, all publication rights in the product produced by the Contractor in connection with the work provided for under this contract, whether in preliminary draft or final form, shall be vested in the City.



The Contractor shall not publish any of the results of the work without the prior written permission of the City. All original written material and other documentation, including background data, documentation, and staff work that is preliminary to final reports, originated and prepared for the City pursuant to this contract, shall become exclusively the property of the City. The ideas, concepts, know-how or techniques relating to data processing development during the course of this contract by the Contractor or City personnel, or jointly by the Contractor and City personnel, can be used by either party in any way it may deem appropriate. Material already in the Contractor's possession, independently developed by the Contractor outside the scope of this contract or rightfully obtained by the Contractor from third parties, shall belong to the Contractor. However, the Contractor grants to the City a nonexclusive, irrevocable and royalty-free license to use such material to the extent such material is incorporated into the Work. This contract shall not preclude the Contractor from developing materials that are competitive, irrespective of their similarity to materials which might be delivered to the City pursuant to this contract. The Contractor will not, however, use any written materials developed under this contract in developing materials for others, except as provided in this section.

CONFIDENTIALITY No reports, information and/or data given to or prepared or assembled by the Contractor under this contract shall be made available to any individual or organization by the Contractor without the prior written approval of the City.

MEDIATION / VENUE In the event a dispute shall arise between the parties to this contract, and prior to the commencement of any suit or action, the parties agree to participate in mediation in accordance with the mediation procedures of the Oregon Mediation Service, or such other procedures as the parties agree. The parties agree to share equally in the costs of the mediator. The mediator shall be selected by the parties, either upon mutual agreement within 15 days written notice by one party to the other requesting mediation, or if the parties are not able to agree upon a mediator within said period, the mediator shall be chosen by the City Manager from the list of mediators maintained by the Oregon Mediation Service (http://omediate.org). Any action or suits involving any question arising under this contract must be brought in Clackamas County Circuit Court.

SEVERABILITY The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid.

COMPLIANCE WITH LAWS The provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon

and ordinances of the City of Lake Oswego, Oregon. The Contractor shall comply with all federal, state and local laws and ordinances, applicable to public contracts relating to Contractor’s obligations and performance, and to the work to be done under this contract. The Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations on nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, sexual orientation, gender identity, marital status, age, medical condition, or disability.

WAIVER The failure of the City to enforce any provision of this contract shall not constitute a waiver by the City of that or any other provision.

INTEGRATION This contract represents the entire and integrated agreement between the Contractor and the City, and supersedes all prior negotiations, representations or agreements, either written or oral.

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