23-183.00 The FA Bartlett Tree Expert Co City HallContract No. 23-183
CONSTRUCTION AGREEMENT
The F.A. Bartlett Tree Expert Company
THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of
Spokane Valley, a code City of the State of Washington ("City") and The F.A. Bartlett Tree Expert
Company, ("Contractor") jointly referred to as the "Parties".
IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows:
1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials,
supplies, and equipment and other items necessary for the completion of the City Hall tree removal program
(the "Work") in accordance with documents described in Exhibit A and in accordance with this Agreement
(which are by this reference incorporated herein and made part hereof and referred to as the "Contract
Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The
terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any
other Contract Document.
Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and
expense of all work required for constructing and completing the Work and related activities to the City's
satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract
Documents.
The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice
from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any
failure in performance under this Agreement.
Unless otherwise directed by City, all work shall be performed in conformance with the Contract
Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now
existing or as may be adopted or amended.
2. Time for Performance. Contractor shall commence the Work within 10 days of execution of this
Agreement and shall complete the Work within the times specified in the Contract Documents, as may be
extended in accordance with this Agreement and the Contract Documents.
3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the
residents of City and cost taxpayers undue sums of money, adding time needed for administration,
engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of
delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial
Completion (as defined in the Contract Documents) which shall be in the amount of $0 per day. These
liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City
because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would
sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated
damages may be retained by City and deducted from payments otherwise due to the Contractor.
4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in
accordance with the Contract Documents the sum of $8,750.00, plus Washington State Sales Tax of $778.75
(if applicable), for a total of 9 528.75, based on the bid submitted by Contractor (Exhibit A), and as may
be adjusted in accordance with the Contract Documents.
0322 City Hall — Bartlett Tree Experts Agrmt. Page 1 of 9
5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application
for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance
Department at the address stated in paragraph 6.
Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City.
City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which
is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the
Contract Documents, City standards, City Code, state standards, or federal standards.
6. Notice. Notice other than applications for payment shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone: (509) 720-5000
Address: 10210 East Sprague Avenue
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Name: Levi Zeik
Phone: (509) 891-0110
Address: 11120 E. Empire Ave., Suite 3
Spokane Valley, WA 99206
7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply
with all applicable federal, state, and local laws, codes, and regulations.
8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary
Covered Transactions.
A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief,
that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
2. Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction; violation of federal or state
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph (A)(2) of this certification; and
4. Have not within a three-year period preceding this application/proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
B. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this Agreement.
9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under
this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee
an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the
Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown,
0322 City Hall — Bartlett Tree Experts Agrmt. Page 2 of 9
Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial
Statistician. Contractor shall provide a copy of any such determinations to City.
Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all
fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to
comply with chapter 39.12 RCW.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works project, published by
L&I, are located at the L&I website address:
https:Hlni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as referenced in the
original request for bids and as may be revised by addenda.
A copy of the applicable prevailing wage rates is also available for viewing at the City Community & Public
Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request,
City will mail a hard copy of the applicable prevailing wages for this project.
10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent
contractor and not the agent or employee of City, that City is interested only in the results to be achieved,
and that the right to control the particular manner, method, and means in which the services are performed
is solely within the discretion of Contractor. Any and all employees who provide services to City under
this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for
the conduct and actions of all its employees under this Agreement and any liability that may attach thereto.
11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure
pursuant to chapter 42.56 RCW, or other applicable public record laws.
12. Records. The City or State Auditor or any of their representatives shall have full access to and the right
to examine during normal business hours all of Contractor's records with respect to all matters covered in
this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts
from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters
covered by this Agreement for a period of three years from the date final payment is made hereunder.
13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work
and materials performed or installed under this Agreement are free from defect or failure for a period of
one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater
period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in
work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to
City. This warranty provision shall not be construed to establish a period of limitation with respect to
Contractor's other obligations under this Agreement.
14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered, and bonded by
the State of Washington at all times this Agreement is in effect.
0322 City Hall — Bartlett Tree Experts Agrmt. Page 3 of 9
15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond
and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,
Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City
with a payment bond and a performance bond, pursuant to RCW 39.08.010(3).
16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without
interruption from commencement of the Contractor's work through the term of the Contract and for 30 days
after the physical completion date, unless otherwise indicated herein.
A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA
0001.
2. Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations for a period of three years
following substantial completion of the work for the benefit of the City, personal injury
and advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide a por. ee general aggregate
limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad
coverage. There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional insured under the
Contractor's Commercial General Liability insurance policy with respect to the work
performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and
Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute
endorsements providing at least as broad coverage.
*Bartlett will provide 'per policy' insurance coverage
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than $1,000,000 per accident.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000
products -completed operations aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for automobile liability and commercial general liability insurance:
1. Contractor's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be excess
of Contractor's insurance and shall not contribute with it.
2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by Contractor.
0322 City Hall — Bartlett Tree Experts Agrmt. Page 4 of 9
3. If Contractor maintains higher insurance limits than the minimums shown above, City
shall be insured for the full available limits of commercial general and excess or umbrella
liability maintained by Contractor, irrespective of whether such limits maintained by
Contractor are greater than those required by this Agreement or whether any certificate of
insurance furnished to the City evidences limits of liability lower than those maintained by
Contractor.
4. Failure on the part of Contractor to maintain the insurance as required shall constitute a
material breach of this Agreement, upon which the City may, after giving at least five
business days' notice to Contractor to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand, or at the sole discretion of the City, offset against funds due Contractor from the
City.
D. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANII.
F. Evidence of Coveralze. As evidence of the insurance coverages required by this Agreement,
Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the
signed Agreement, which shall be Exhibit B. The certificate shall specify all of the parties who are
additional insureds, and shall include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to City. Contractor shall be financially
responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance.
G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance
as required shall constitute a material breach of contract, upon which the City may, after giving as
least five business days' notice to Contractor to correct the breach, immediately terminate the
Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due Contractor from the City.
H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide
insurance coverage that complies with all applicable requirements of Contractor -provided
insurance as set forth herein, except Contractor shall have sole responsibility for determining the
limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City
is an additional insured on each subcontractor's Commercial General liability insurance policy
using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
37 10 01 for completed operations.
17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its
officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City.
0322 City Hall — Bartlett Tree Experts Agrmt. Page 5 of 9
However, should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW,
solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
18. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power,
right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance
shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this
Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the provisions of this
Agreement or to require at any time performance by the other party of any provision hereof shall in no way
be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part
thereof.
19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the
responsibilities of this Agreement or the benefits received hereunder without first obtaining the written
consent of the other party.
20. Confidentiality. Contractor may, from time -to -time, receive information which is deemed by City to
be confidential. Contractor shall not disclose such information without the prior express written consent of
City or upon order of a Court of competent jurisdiction.
21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through
informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State
of Washington for Spokane County, unless otherwise required by applicable federal or state law.
22. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility
criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall
verify responsibility criteria for each of its subcontractors. Verification shall include that each
subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW
39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an
elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be
included in every subcontract of every tier.
23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue
shall be in Spokane County, State of Washington.
24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties
and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or
altered except in writing signed by the Parties. Bartlett's General Terms Commercial are also included as
part of this Agreement. In instances where Bartlett's General Terms Commercial terms conflict with the
rest of this Construction Agreement, the Construction Agreement will prevail.
25. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or
action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited,
accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an
interest in this Agreement.
0322 City Hall — Bartlett Tree Experts Agrmt. Page 6 of 9
26. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall
register with the City as a business if it has not already done so.
27. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,
the Contractor, for itself, its assignees, and successors in interest agrees as follows:
A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in
subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination
in federally -assisted programs as adopted or amended from time -to -time, which are herein
incorporated by reference and made a part of this Agreement.
B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement,
shall not discriminate on the grounds of race, color, or national origin in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. Contractor shall
not participate directly or indirectly in the discrimination prohibited by the Acts and the
Regulations, including employment practices when the contract covers any activity, project, or
program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under
this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of
race, color, or national origin.
D. Information and Reports. Contractor shall provide all information and reports required by the
Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the City
or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions.
Where any information required of Contractor is in the exclusive possession of another who fails
or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as
appropriate, and shall set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the WSDOT may determine to be appropriate, including, but not limited to:
1. Withholding payments to Contractor under the Agreement until Contractor complies;
and/or
2. Cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these
Contract Clauses in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto.
Contractor shall take action with respect to any subcontract or procurement as the City or the
WSDOT may direct as a means of enforcing such provisions, including sanctions for
noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation
by a subcontractor or supplier because of such direction, Contractor may request that the City enter
0322 City Hall — Bartlett Tree Experts Agrmt. Page 7 of 9
into any litigation to protect the interests of the City. In addition, Contractor may request the United
States to enter into the litigation to protect the interests of the United States.
G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement,
the Contractor agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part
26;
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects);
Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on
the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act
of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of
the terms "programs or activities" to include all of the programs or activities of the Federal -
aid recipients, sub -recipients and contractors, whether such programs or activities are
Federally funded or not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on minority
and low-income populations;
0322 City Hall — Bartlett Tree Experts Agrmt. Page 8 of 9
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access
to your programs (70 Fed. Reg. at 74087 to 74100); and
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
28. SeverabilitY. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid
for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other
section, sentence, clause, or phrase of this Agreement.
29. Exhibits. Exhibits attached and incorporated into this Agreement are:
A. Scope of Work and Cost Statement
B. Insurance Endorsements
C. Performance and Payment Bond
The Parties have executed this Agreement this 3 " day of —O�, 2023.
CITY OF SPOKANE VALLEY:
ohn Hohman, City Manager
APPROVED AS TO FORM:
Contractor: The F.A. Bartlett Tree Expert Co.
By: Matthew Farin, Executive Vice President
Its: Authorized Representative
0322 City Hall — Bartlett Tree Experts Agrmt. Page 9 of 9
Exhibit A
SCOMW ME CAWSINU Mr,
Client: 0525642
City of Spokane Valley
Attn: Glenn Ritter
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Mobile Phone: (509) 720-5018
E-Mail Address: gritter@spokanevalley.org
Business: (509) 720-5001
Proposal For Tree Care Services
10210 E Sprague Ave, Spokane Valley, WA 99206
NOTICE TO CLIENT:
Printed on:9/13/2023
Created on:9/13/2023
Bartlett Tree Experts
Levi Zeik - Representative
11120 East Empire Avenue
Suite 3
Spokane Valley, WA 99206
Business: 509-892-0110
Mobile Phone: 208-640-6343
E-Mail Address: Izeik@bartlett.com
Fax Number: 509-892-3818
Bartlett Tree Experts has entered this property for the specific purpose of writing this proposal, pursuant to the owner's request.
THIS IS NOT AN INVOICE.
EXECUTIVE SUMMARY:
GroupWork •.
Tree and Shrub Work Removal
1
$500.00
Stump Grinding
1
$200.00
Removal
14
$5,950.00
Stump Grinding
14
$2,100.00
TOTAL FOR'Tree and Shrub Work'
30
$8,750.00
TOTAL AMOUNT:
30
$8,750.00
TOTAL TAX:
$778.75
TOTAL:
30
$9,528.75
Tree and Shrub Work: Phase 1
Removal
Remove the tagged London Plane located at the F4. Leave stump as close to grade as possible. Remove resulting debris.
Arborist Notes:
The F.A. Bartlett Tree Expert Company Page 1 of 6
Client: 0525642
• Temporary sidewalk closure permit needed
Printed on:9/13/2023
Created on:9/13/2023
Amount: $500.00
Tax: $44.50
-- —-------------------------------------------------- — ----------------------------------------------------------------
Stump Grinding
Grind the London Plane stump located at the F4 to approximately 10 to 12 inches below existing grade. Remove grindings.
Arborist Notes:
• Line locate to be done prior to work being done.
Damaged irrigation to be left exposed for irrigation repair.
Grinding to be done with no damage to any concrete surfaces.
In order to access this work, safely, and grind the stump to the specified level with the
appropriate equipment, it will be necessary to grind debris to a depth well below ground
level. Bartlett Tree Experts assumes no liabilities or responsibilities, whatsoever,
for any cracking, breaking off, puncturing, depressing, or any other damage to any lawn
areas, flower beds, or underground irrigation systems, or underground
wiring for lights or other electrical components which may result from any such stump
grinding activities. Upon signing this proposal, the client understands that any
damage done to any lawn areas, landscape or flower beds, or underground irrigation
systems, or underground wiring for lights or other electrical components by any
stump grinding equipment or activities used or employed by Bartlett Tree Experts will
be the sole responsibility of the homeowner to replace or repair.
Amount: $200.00
Tax: $17.80
Tree and Shrub Work: Phase 2
Removal
Remove the following tagged property items:
• London Plane located at the F1
• London Plane located at the R5
• London Plane located at the R6
• London Plane located at the F2
• London Plane located at the F3
The F.A. Bartlett Tree Expert Company Page 2 of 6
Client: 0525642
• London Plane located at the F5
• London Plane located at the FBI
• London Plane located at the FB2
• London Plane located at the FB3
• London Plane located at the F6
• London Plane located at the RI
• London Plane located at the R2
• London Plane located at the R3
• London Plane located at the R4
Leave stumps as close to grade as possible. Remove resulting debris.
Arborist Notes:
• Temporary sidewalk closure permit needed
Road closure needed for (R) trees on S. Dartmouth Rd. between Sprague and end of City Hall Property
Cost per tree as a group $425.00 individual cost of $500.00
Printed on: 9/13/2023
Created on:9/13/2023
Amount: $5,950.00
Tax: $529.55
-------------------------------------------------------------------------------------------------------------------------
Stump Grinding
Grind the following property items:
• London Plane stump located at the F1
• London Plane stump located at the FBI
• London Plane stump located at the FB2
• London Plane stump located at the FB3
• London Plane stump located at the F6
• London Plane stump located at the R1
• London Plane stump located at the R2
• London Plane stump located at the R3
• London Plane stump located at the R4
• London Plane stump located at the R5
• London Plane stump located at the R6
• London Plane stump located at the F2
• London Plane stump located at the F3
• London Plane stump located at the F5
to approximately 10 to 12 inches below existing grade. Remove grindings.
The F.A. Bartlett Tree Expert Company Page 3 of 6
Client: 0525642 Printed on: 9/13/2023
Created on:9/13/2023
Arborist Notes:
• Line locate to be done prior to work being done.
Damaged irrigation to be left exposed for irrigation repair.
Grinding to be done with no damage to any concrete surfaces.
Cost $150.00 as group & $200.00 for individual tree.
In order to access this work, safely, and grind the stump to the specified level with the
appropriate equipment, it will be necessary to grind debris to a depth well below ground
level. Bartlett Tree Experts assumes no liabilities or responsibilities, whatsoever,
for any cracking, breaking off, puncturing, depressing, or any other damage to any lawn
areas, flower beds, or underground irrigation systems, or underground
wiring for lights or other electrical components which may result from any such stump
grinding activities. Upon signing this proposal, the client understands that any
damage done to any lawn areas, landscape or flower beds, or underground irrigation
systems, or underground wiring for lights or other electrical components by any
stump grinding equipment or activities used or employed by Bartlett Tree Experts will
be the sole responsibility of the homeowner to replace or repair.
Amount: $2,100.00
Tax: $186.90
Total Amount: $8,750.00
Total Tax: $778.75
Total: $9,528.75
---------------------------------------------------------------------------------------------------------------
SCHEDULE OF WORK PROPOSED:
Once accepted and scheduled, Bartlett Tree Experts will coordinate all job planning and scheduling; equipment requirements, and
work crew staffing and direction pertaining to safe, professional execution of the service or services offered.
Upon acceptance of this proposal, this work can be scheduled to take place during the week/weeks of
9/25/2023 and should be completed by 10/27/2023.
SCHEDULE OF PAYMENT:
Bartlett Tree Experts offers to perform the work specifications at the work location listed above at the following rates:
The F.A. Bartlett Tree Expert Company Page 4 of 6
Client: 0525642
NOTICE OF RIGHT TO CANCEL:
Printed on:9/13/2023
Created on:9/13/2023
Owner agrees to pay a total price of: $9,528.75
You, the client, may cancel this transaction, without penalty or obligation, at any time prior to midnight of the third business day
after the date of the acceptance of this proposal. To cancel your acceptance of this proposal within this time, you may notify Bartlett
Tree Experts, in writing of your intent to do so, referencing the work location and project.
OFFER:
Bartlett Tree Experts will perform the above referenced service in a safe, professional manner, in accordance with all laws, rules,
regulations, and industry standards governing tree care.
Bartlett Representative Signature:
Date:
Printed Name:
9/13/2023
Levi Zeik
The F.A. Bartlett Tree Expert Company Page 5 of 6
Client: 0525642
Printed on:9/13/2023
Created on:9/13/2023
The F.A. Bartlett Tree Expert Company Page 6 of 6
BARTLETT
, TREE EXPERTS
MHhl„$INI"Vi ll,(r. General Terms Commercial
Construction Agreement UU[1bnut uull r�yleGnienr
The F.A. Bartlett ree Expert Company ("Bartlett Tree Experts") ides tree -care and related services to commercial and government clients. The
agreed upon "W has been expressed in a separate between Bartlett Tree Experts and the Client, and is identified within the portion
of the Client Agwamen communicating the Scope of Work, the Goals, the Specifications, the Schedule for the Work, and the Payment Terms. These
general terms combine with the approved emoni and form the complete agreement between the parties.
Construction Agreement —�
Article 1 begins ,..d ending ..Then the Herr .,,,an,.e ,... the site
TREE RISK cenclades
1.1
Tree Risk
2.3
Compliance
(a)
The Client acknowledges that having trees on one's
(a)
Bartlett Tree Experts shall perform the Work competently
property involves risk, including the risk that a tree or tree
and in compliance with the law and industry standards,
limb might fall. As part of the Work, Bartlett Tree Experts
including the American National Standards Institute's A -
may recognize the risk posed by failure of trees within the
300 Standards for tree care.
scope of the Work and recommend to the Client ways to
reduce that risk, but the Client acknowledges that Bartlett
(b)
The Client is responsible for obtaining and paying for all
Tree Experts cannot detect all defects and other conditions
required local permits.
that present the risk of tree failure and cannot predict how
all trees will respond to future events and circumstances.
2.4
Access over Roads, Driveways, and Walkways
Trees can fail unpredictably, even if no defects or other
conditions are apparent. Bartlett Tree Experts will not be
(a)
The Client shall arrange for Bartlett Tree Experts'
responsible for damages caused by subsequent failure of a
representatives, vehicles, and equipment to have access
tree, or tree part, within or around the scope of the Work
during work hours to areas where the Work is to be
due to defects or other preexisting structural or health
performed. The Client shall keep roads, driveways, and
conditions. Construction Agreement
walkways in those areas clear during work hours for the
p e and parking of vehicles and equipment. Unless the
(b)
Unless the Work includes having Bartlett Tree Experts
�i eme+�states otherwise, Bartlett Tree Experts is
perform a tree risk assessment for designated trees, the
not required to keep gates closed for animals or children.
Client acknowledges that in performing the Work Bartlett
Tree Experts is not required to inspect and report to the
(194
The Client arknwvledges that Ba#le# Tree Eypei# is no
Client on risks to, and risks posed by, trees on or near the
responsible for dan;iage to walkways, septi4g
Client's property.
ranks ens underground iFFiga4iep, and other human
(4G)
The Client algo acknoWedges that WGausetr4cog are liv
organisms that change over time, the best pretwtion ag
in, areas where tho Woc-k is performed
the riskagg@Giawd ,,:th having troveoA the Client's
by a qualified arhorist annually and after each
2.5
Access through a Dwelling or Building
If the Work requires access through the interior of the
tha4 presont the risk of tree �ilure. Then, 9RG@ inspect
Client's dwelling or the common interior areas of a multi
residence or commercial building, the Client states that they
have the authority to allow this access, or the owner has
authorized the Client to allow this access in order for the
Work to be completed as stated on the l licAt A ameut
Article 2
Construction Agreement
THE WORK
2.6
Concealed Features
2.1
Ownership
(a)
The Client acknowledges that the Work could be delayed
or made more expensive by the presence of features that are
The Client states that all trees and other vegetation within
not apparent to Bartlett representatives ("Concealed
the scope of the Work are owned by the Client or that the
Features"). Concealed Features could be above ground or
owner has authorized the Client to include them within the
underground and could be human -made (including
scope of the Work.
irrigation systems, underground lighting, septic systems,
pipes, oil tanks, utility lines, masonry, or concrete) or
2�
Insurance
natural (including rocks and insect nests). The Client states
that it has notified Bartlett Tree Experts of all Concealed
(a)
BanIG4 Tree Expe,tg states that it is ins,.red for babili'.,
Features that it is aware of in those areas where the Work is
„ hin finit�JuFy to damage topropeFty
pert rming the Work and that its emnloycas
to be performed.
while am
Bartlett Tree Experts .,rill not be liable F r damage to
Concealed F@24upos th2t the C-1 Mont does not notify Bagleu
(b)
The s of ongoing rations of the Work shall be
defined as beginning .,Then the nerfounance on the site
of in
Page 1 of 6
The F.A. Bartlett Tree Expert Company
Sales.011. US.CA.10-19
BARTLETT
TREE EXPERTS R General Terms Commercial
(c)
If Concealed Features prevent the Work from continuing,
lightning strike, but that such systems cannot prevent
the Client agrees to pay Bartlett Tree Experts for the all
damage to structures, nor can such systems prevent damage
portions of the Work completed up until the time the
to trees caused by lightning entirely.
concealed features became apparent and delayed or
prevented the Work from continuing. The Client also
(b)
The Client acknowledges that for lightning protection
agrees that in the event that the Concealed Features prevent
systems to function optimally, the Client must arrange for
any further Work from proceeding, or significantly alter the
them to be inspected and maintained by a qualified arborist
costs of the remainder of the Work within the Agreement,
periodically and after each major weather event.
then the remainder of the Agreement between the Client and
Bartlett Tree Experts will be considered nullified, with
3 d i
neither party having any further obligations to the other, and
a new written agreement will be formed prior to any further
(a)
The Own aaknwAiodgos that 132alett Tme Expeas
Work being performed
recommends stopping rho use of, and r y tree
2.7
Potential Harm to Animals
house, ropes course, SvAng, 0; other wGreatioRal faguu:e
guagh4d, to a tree. Regardless of the Walth or Gondi6on of
;ntended
The Client acknowledges that pets and other animals might
the tree, suGh feawres might be unsuked for the
use or might plaGe uRp;edigtable fow@si on the feature or the
be harmed if they swallow tree debris, such as sawdust,
uve resulting in fail -re of the foe+ ro or the rroo and injiuy
leaves, or branches, created during performance of the
to persons or damage to p;opw:�,. Baglett U@o Experts 49
Work. Bartlett Tree Experts cleans up sawdust and other
not responsible for tw GonsequenGes of use of &%' SUG
debris it creates in working on a tree, but it is unrealistic to
feature
expect that it will dispose of every piece of sawdust or
debris. The client is responsible for ensuring that pets and
(g)
Ue Client Ryknovdedgos that if a r4ocom mend ation ig made
other animals are kept from any area where debris created
to mitigate an obsep,ed and immediate safe�, issue on atree
during the Work is present until such time as exposure of
any remaining debris to the elements has sufficiently
;emoval gf a dead, dying, oF b;oken limb that Gould fall 2
reduced the risk of harm to animals.
2.8
Weather -Event Damage
infe; that follovAng the r4ocommandation and mitigating the
immediate safety isgue makeg the tree in gucstion safe for
theuge the deviGe f�gur
The Client acknowledges that because remediating
of attached or.
weather -event damage might result in further damage to a
2.12
Tree Removal and Pruning
structure, property, or landscaping feature already damaged
in that weather event regardless of the care taken, Bartlett
(a)
The Client acknowledges that in removing or cutting down
Tree Experts will not be responsible for any such further
a tree as part of the Work, Bartlett Tree Experts will cut the
damage to any structure, property or landscaping feature
tree approximately 12 inches from the ground. The Client
when remediating or removing trees or tree parts that have
understands that any remaining stump may present a
fallen on structures, patios, decks, fences, driveways, or
tripping hazard, and the Client should mark the area if
hardscapes are part of the Work.
necessary. Removing or grinding stumps is not included as
part of tree removal unless stated in the C4ion
2.9
Cables, Braces and Tree -Support Systems
Construction Agreement
(b)
If pruning tree limbs or shrubs is part of the Work, Bartlett
(a)
The Client acknowledges that cables, braces or tree support
Tree Experts will develop specifications to help meet the
systems are intended to reduce the risk associated with tree
present goals of the Client, in accordance with industry
part breakage by providing supplemental support to certain
standards. Trees and shrubs will typically require follow up
areas within trees and in some cases by limiting the
pruning at various intervals to maintain a Client's goals.
movement of leaders, limbs, or entire trees, and are
Based on those goals; and the species, size, location, health,
intended to mitigate the potential damage associated with
and growth pattern of the tree(s) or shrub(s) which are
tree part breakage; but that such supplemental support
pruned, the Client should conduct routine monitoring of
systems cannot eliminate the risk of breakage or failure to
each tree or shrub and communicate the need for future
trees or tree parts entirely, and future breakage and damage
pruning to a qualified arborist in order to maintain the
is still possible.
established or desired plant form or objectives.
(b)
to function the Client
2.13
Trees Infested with Emerald Ash Borer
SUPPOA systoms optimal!),, must
a;Tange f r them to be inspected and maintained by -a
(a)
The Client acknowledges that Ash trees or other trees
infested with emerald ash borer can become extremely
event
brittle and dangerous within a short period of the
infestation, and the conditions of such trees could adversely
2.10
Lightning Protection Systems
change between the time a proposal to work on such a tree
was written, and the time that the work is scheduled for
(a)
The Client acknowledges that lightning protection systems
completion.
are intended to direct a portion of the electricity from a
lightning strike down through the system into the ground,
(b)
The Client understands that if any tree or trees infested with
and mitigate the potential damage to the tree from a
emerald ash borer have become too dangerous to access,
Page 2 of 6
The F.A. Bartlett Tree Expert Company
S a I es.011. U S. CA.10-19
BARTLETT
TREE EXPERTS
General Terms Commercial
climb, prune, or rig from without risking injury or damage
understanding the risks involved before opting for root
to the Client's property, then that portion of the proposal
pruning, but the Client will be responsible for deciding to
will be considered nullified, with neither Bartlett Tree
proceed with root pruning.
Experts nor the Client owing anything to the other for that
portion of the Work, and a new proposal will need to be
2
written and agreed upon before any work can proceed on
any such infested tree.
(a)
if the Cl:opt A.,.eep,ent is spoGifiGally for BaFtlett Tree
Experts to provide level T 17 N! Tree R:ok A ,,ept
2.14 Tree Care Maintenance or Recurring Programs
a or sgogr
Construction Agreement
mrith indus#y standa;:d the Cl:ept „^aomtands tha4 any;:isk
(a) If the Client Ag e >i is for ongoing tree care or
landscape maintenance or for a recurring maintenance or
plant health care program for trees, plants or turf areas, the
,
Client acknowledges that the purpose of this type of
agreement is to maintain tree, shrub, or turf health and
(b)
The Client QGkRQ*4@dge8 that any rOGOM Mond ations ma
beauty.
to raft:^ate risk f .apro or manage #cc populations Ail! he
,,:th indus" hoot
(b) The Client understands that any inspections that may be
made oFdaA..e aGtiG@s and
standaWs but that the desisiop to implement the
conducted during any such ongoing tree care, landscape
rGQQMM@Aded miti wva the ripk factorg,
maintenance, or recurring maintenance or plant health care
of managr the UGG
type contracts are for the purpose of evaluating plant health,
and determining any appropriate treatment
(4o)
The Client und@rPtandr, that all risk ratings used
recommendations according to the client's tree, shrub or
intended to assist thg Client auith understandu; the
turf health needs, and are not meant to be a safety
inspections, or tree risk assessments.
usod to d@Qlare an), tree or tFee part to he Rafe or fme
(c) The Client also understands that in no way does Bartlett
4w 91: "@s not having a Gondition Glass of poor or dead, or
Tree Experts imply nor should the Client infer that Bartlett
^^* �h^«^^^ ^^*=^*:al failure to he lively or imminent,
Tree Experts assumes the responsibility for inspecting,
"ga f " or vAll not fail :n ap., manner
identifying, or correcting hazards or safety issues on or near
the Client's property, or conducting tree risk assessments
(d)
The Cliant 14ndarstands that it is t'he Cl ent's responsibility
during the course of any of its ongoing tree care, landscape
maintenance, or reoccurring maintenance contracts.
r;,Gntin to that risk rating information
2.15 Stump Grinding
wea4her ordGr GnsurG
or any other information is kept Gurrent, and to enter any
rha torisk ratings raitimf o to she
(a) If the Work includes stump -grinding services, the Client
invot#ory or tra,.king syswm used by the Client
acknowledges that grinding will take place well below
ground level, and the Client understands that the stump
2.18
Client Trees in Hazardous Condition Construction Agreement
grinding area might present a tripping hazard, and the Client
should mark the area if necessary until the Client removes
If the Qieat Agxe specifies that one or more trees
the stump grinding debris and fills the stump grinding holes
within the scope of the Work are in hazardous condition,
with soil to grade.
Construction Agreement
are high or moderate risk, or should be removed for safety
reasons, the Client acknowledges that removing those trees
(b) Unless the states otherwise, Bartlett Tree
would prevent future damage from trees or tree limbs
Experts is not required to remove stump -grinding debris
falling. If the Client requests that one or more ofthose trees
filling stump -grinding holes, or fill stump grinding holes to
be pruned instead of removed, the Client acknowledges that
grade with soil.
although pruning might reduce the immediate risk of limbs
falling, it does not preclude the possibility of future limb,
(c) If tree grates or metal grates or other man made protective
stem, or root failure. Bartlett Tree Experts is not responsible
features existed prior to the stump removal, it is the Client's
for any such future failure.
responsibility to ensure that the grates or manmade features
are re -installed correctly after the stump removal and do not
2.19
Plant Health Care or Soil Care and Fertilization
pose a tripping hazard.
Treatments
2.16 Root Pruning
(a)
Bartlett Tree Experts states that plant health care and/or soil
care and fertilization treatments will be conducted in
In the right circumstances, root pruning is a valuable and
accordance with industry standards for such services.
necessary service, but it might pose a risk to the health and
Construction Agreement
structural integrity of trees. To limit that risk, Bartlett Tree
(b)
The Client acknowledges that if the Qigat Agrkmgq
Experts performs root pruning to industry standards, but the
requires markers or notification signs to be left on the
Client acknowledges that the health and structural integrity
property, then the signs must be left in place for twenty-four
of trees within the scope of the Work might nevertheless be
hours however long is stated on the
adversely affected by any root pruning performed as part of
whichever is longer. At the end of the prescr d period, it
the Work. Bartlett Tree Experts shall assist the Client in
Construction Agreement
Page 3 of 6
The F.A. Bartlett Tree Expert Company
Sales.011. US.CA.10-19
BARTLETT
, TREE EXPERTS
S General Terms Commercial
will be the Client's responsibility to remove and dispose of
the signs.
(c) Bartlett Tree Experts will provide the Client with copies of
all pertinent product label or safety data sheet information
upon request.
(d) The Client acknowledges that plant health care treatments
are intended to mitigate pest levels to an acceptable degree,
and are not intended to eradicate or eliminate any insect,
disease, or other pest entirely.
(e) The Client acknowledges that soil care and fertilization
treatments may not have the intended effect if drought
conditions or lack of irrigation prevent the tree, shrub, or
turf area from receiving adequate water throughout the
growing season.
2.20 Schedule of Plant Health Care or Soil Care and
Fertilization Treatments
(a) Bartlett Tree Experts will schedule all treatments for the 222
appropriate period, given the type of plant, pest, infestation
levels, weather patterns, the objectives, and other
environmental considerations.
(b) If the Client has requested a specific date within that period
for the Client's plant health care treatment, the date will be
placed on the agreement. If Bartlett Tree Experts is unable
to perform the services on the agreed upon date, due to
weather conditions, or other unforeseeable delays, Bartlett 2.23
Tree Experts will reschedule the treatment for a date
agreeable to the Client.
Construction Agreement
(c) pre,eor
ather conditions or other unforeseen conditions
delay treatment during periods specified in the
and the Client has not requested a
specific date, then Bartlett Tree Experts will automatically
reschedule the treatments for the next most appropriate
period and notify the Client.
2.21 Integrated Pest Management
(a) If the Work includes integrated pest management services,
the Client understands that this service will involve plant
health care treatments which will be tailored to meet the
Client's needs for specific trees, shrubs, turf areas, or plants.
In delivering this service, Bartlett Tree Experts will
consider the Client's objectives, priorities, budgetary
concerns, plant materials, site conditions, pest and disease
infestation levels and the expectations of those levels, and
timing issues.
(b) The Client acknowledges that this service may involve one
or more inspections of specific plants to help determine
insect and disease concerns, the sampling of specific plant
materials or soil areas, an understanding of the cultural
needs of certain plants, consideration of biological control
concepts and limitations (natural and/or introduced
predators), recommended improvements to physical site
conditions, or the use of pesticide treatments. The
integrated pest management service does not combine all
possible controls and concepts for every tree, shrub, turf
area, or plant, but rather it considers the most reasonable
option or options for control of and mitigation of insect and
2.24
disease damages to the specific trees, shrubs, turf areas or
plants as designated by the Client to meet the Client's goals.
(c) The Client also understands and acknowledges that during
the course of an integrated pest management program, as
inspections are taking place, and treatments or other
services are being performed to certain trees or shrubs, not
every tree or shrub inspected will require a specific
treatment or other service, and in fact, some trees or shrubs
may not require any specific treatment or other service
throughout the course of a season to maintain health and
vigor if the inspections show insignificant pest thresholds,
and sound environmental and cultural conditions.
(d) The Client also understands that tree, shrub, plant and turf
inspections conducted during the integrated pest
management program are for the purpose of determining
plant health issues and, insect and disease thresholds; and
are not conducted for the purposes of determining tree,
shrub, plant, or turf safety.
Trees in Poor Health or a Severe State of Decline
The Client acknowledges that if a tree is in poor health or
in a severe state of decline, Bartlett Tree Experts cannot
predict how that tree will respond to any recommended
plant health care or soil care and fertilization treatment and
might not be able to prevent that tree from getting worse or
dying.
Fruit -Reduction Treatment
If fruit -reduction (including olive -reduction) treatment
forms part of the Work, the Client acknowledges that
although Bartlett Tree Experts will take steps to minimize
the extent to which the pesticide used in in this treatment
comes into contact with plants under or near the treated
trees or shrubs, it is likely that some contact will occur and
might damage or kill understory plants. Bartlett Tree
Experts will not be liable for any such damage.
Fruit Tree or Crop Treatment
If the Work includes plant health care treatments to mitigate
pest damage to fruit trees or other crops, the Client will be
responsible for instructing Bartlett Tree Experts which fruit
trees or other crops to treat. The Client acknowledges that
no such treatments can eliminate pests entirely and such
treatments might not increase crop yield or value and might
not prevent the plants in question from dying.
2.25 Tick, Mosquito, or Biting Fly Treatment
Construction Agreement
The Client acknowledges that if the
specifies a treatment program to mitigate the presence of
ticks, mosquitos, or biting flies, such treatment can only
lower pest thresholds, and cannot eliminate the pests or
prevent such pests from biting, stinging, or entering the
treated area.
2.26 Termite or Wood Destroyin Organism Treatment
Construc;ion Agreement
(a) The Client acknowledges that if the Qient "
specifies a treatment program to mitigate Formosan
termites or any other wood destroying organism from any
Page 4 of 6 The F.A. Bartlett Tree Expert Company
Sales.011. US.CA.10-19
lrBARTLETT
TREE EXPERTS
i� General Terms Commercial
2.27
2.28
2-219
2.30
tree or trees, that the treatment cannot provide protection
against any present or future damage to any structure or
structures on the property, nor can it reverse any damage
already caused to any such structure or structures on the
property.
(b) If Formosan termites or other wood destroying organisms
are present on the property, Bartlett Tree Experts
recommends that the Client has a qualified structural home
inspector inspect the structure or structures for the presence
of any termites or wood decaying organisms, as well as any
damage, and provide the Client with an appropriate
recommendation and report to treat, mitigate or repair the 2.31
damage.
Plant Nursery Services
If the Work includes treatment to mitigate pest damage to
nursery trees or plants, the Client will be responsible for
instructing Bartlett Tree Experts which trees or plants to
treat. The Client acknowledges that no such treatments can
eliminate pests entirely and such treatments might not
increase the value of nursery plants and might not prevent
the trees or plants in question from dying.
Trees Planted and Maintained by Other Contractors
The Client acknowledges that if trees within the scope of 2.32
the Work were recently planted or are being maintained by
one or more other contractors or if one or more other
contractors will be watering and providing services with
respect to trees within the scope of the Work, how those
trees respond to treatment in the course of the Work might
be unpredictable, and Bartlett Tree Experts cannot be
responsible for the health of such trees or plants.
Snow Removal
(a) If snow removal forms part of the Work, the Client
acknowledges that the condition of snow and ice on a roof
or other structure will vary based on the rate at which snow
accumulates, how it is distributed, and the weather it has
been exposed to. In removing snow, Bartlett Tree Experts
aims to reduce the weight of snow and ice, not remove it
entirely. The Client acknowledges that in most cases,
existing snow will only be removed down to within a few
inches of the roof surface or the ice covering the roof
surface, as the case may be, and that any remaining snow
and ice might still cause damage.
2-33
(b) Bartlett Tree Experts will not be responsible for damage
done during snow removal as a result of Concealed Features
that the Client does not notify Bartlett of.
(c) The Client acknowledges that because removing snow from
a structure or landscaping feature that has already been
damaged might result in further damage regardless of the
care taken by Bartlett Tree Experts, Bartlett will not be
responsible for any further damage to a previously -
damaged structure or landscaping feature from which
Bartlett Tree Experts removes snow as part of the Work.
Installing Lights
If installing lights and other lighting equipment forms part
of the Work, the Client is responsible for providing the
lighting equipment and instructing Bartlett Tree Experts
where to install it. Bartlett Tree Experts is not responsible
for performance and safety of the lighting equipment. The
Client is responsible for retaining a licensed electrician to
inspect the lighting equipment to check that it is in working
order, is safe, and complies with the relevant codes. Bartlett
Tree Experts is not responsible for damage done during
installation and removal of lighting equipment to any
structures (including gutters, decking, and patios),
landscaping features (including trees and plants).
Tarpaulins
The Client acknowledges that if as part of the Work Bartlett
Tree Experts places a tarpaulin, or touches a tarpaulin, over
a damaged structure, that might not prevent further damage
to the structure and its contents, and the tarpaulin might not
stay secure during subsequent weather events, even if it is
competently secured. Bartlett Tree Experts is not
responsible for damage to a structure and its contents that
occurs after Bartlett Tree Experts places or adjusts a
tarpaulin over the structure. The Client acknowledges that
if a structure experiences damage that requires placement
of a tarpaulin, the Client should promptly contact an
appropriate roofing or water -restoration contractor to assess
any damage and conduct any needed repairs.
(Yb4 The Client waknov.dedges that if "es and ghpdbr on the
should have qualified a;borist poriodigally inspect tmes and
shpAbs on the propo#y for fire damage.
Page 5 of 6 The F.A. Bartlett Tree Expert Company
Sa I es.011. U S. CA.10-19
BARTLETT
TREE EXPERTS
wllq,pkfMi(M1MI—(1wr General Terms Commercial
244 cancellation ,
and tuF€area
(7 Mo#hino in Ohio AorRigging duty of..aro
the r r:hait., of the client to a o ♦he saF t<, of its
es and landscape, and to take app;:9.
prosent or may d@
43 Unr-slated Court Proceedings
-34 titration
44 Aiewses
44 Amendment; Wai;*F
32
The Maximum liability of RaWcu fQr any looses i rred
by the Client arising out of the Qient Aoreemrn# o
4.5
by the Gli@nt for the Work, oxG@pt in the Gase ofnegligenoo Construction
or intention2l MiRGOR&Gt by Bartlett.
4 rtisls4
44
(a)
coRduat other two AQrk on ", ;nspegtive tree, and all
,nlegg it :r in ,ritinn and o gRed by the names No Waiver
,ndor tho !'lion# A r,raomont ,,,:11 be of 4 ..ti.,o „A19SR it is in
,citing and r nod h,. tho nar+<, o antin„ tho , A
waiver gFanted on one oggasian will n"
On- other -Ogg a6iAlib
Construction Agreement
Conflicting Terms
Agreement
If these terms conflic 'th the rest of the
the rest of the Glie,�,4gk will prevail. If these terms
conflict with any other client documentation, terms, or
purchase order agreement, then the and
these terms will prevail.
4.6 E tire A ree ent Construction
Construction �greel en`
The "iv- Agr t-lel- t with these terms constitutes the
entire understanding between the parties regarding Bartlett
Tree Experts' performance of the Work and
supersedes all other agreements, whether r
written or oral, between the parties.
Page 6 of 6 The F.A. Bartlett Tree Expert Company
Sal es.011. US.CA.10-19
Agreement
E h'Ib'It B
i 'T ® X
ACC>Ro CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDNYYY)
6/15/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
York International Agency, LLC
Attn. bartlettcert@yorkintl.com
500 Mamaroneck Avenue
CONTACT
-NAME: FA
PHONE , 914-376-2200 A/c No):
ADDRIESS: info@yorkintl.com
INSURERS AFFORDING COVERAGE
NAIC #
Harrison NY 10528
INSURER A: Federal Insurance Co.
20281
INSURED
INSURER B: Travelers Propeity & Casualty Co of America
25674
The F.A. Bartlett Tree Expert Company
1290 East Main Street
INSURER c :Travelers Indemnity Company
25658
INSURER D :
Stamford, CT 06902
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 192987790 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
B
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE X OCCUR
Contractual Liab
TC2J-GLSA-1005A129-TIL-22
12/1/2022
12/1/2023
EACH OCCURRENCE
$ 2,000,000
DAMAGE TO RENTED
PREMISES Ea occurrence
$ 2,000,000
X
MED EXP (Any one person)
$ 10.000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
X POLICY ❑ PRO ❑
JECT LOC
OTHER:
GENERAL AGGREGATE
$ 5,000,000
PRODUCTS -COMP/OP AGG
$ 4,000,000
$
B
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X HIREDAUTOS X AUUTOSWNED
TC2J-CAP-1005A130-TIL-22
12/1/2022
12/1/2023
COMBINED SINGLE LIMIT
Ea accident
$ 00 000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
ROPERTY
P(Per accdentDAMAGE
$
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
79752542
12/1/2022
12/1/2023
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
DED I I RETENTION $
$
C
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
UB-7N673715-22-51-R
UB-7N781486-22-51-K
12/1/2022
12/1/2022
12/1/2023
12/1/2023
X PER OTH-
STATUTE I I ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Spokane Valley is included as an additional insured with respect to Commercial General Liability, Automobile Liability and Umbrella Liability for work
performed by The F.A. Bartlett Tree Expert Company where required by written contract. Coverage is primary and non-contributory. Waiver of Subrogation
applies in favor of the additional insureds.
CFRTIFICOTF HAI r1FR CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Spokane Valley
10210 E. Sprague Ave
Spokane Valley WA 99206
AUTHORIZED REPRESENTATIVE
@ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
r/