Bid Notice-Tree Maintenance Services.pdf

CITY OF ALBANY, OREGON

Parks & Recreation Department

Department Director ....................................................................................... Kim Lyddane Parks & Facilities Maintenance Manager ........................................................ Tommy Reeder Contract and Procurement Manager .................................................................. Lara Raggon

For more information regarding this Request for Proposals, email contracts@albanyoregon.gov.

Request For Proposals (RFP) for Tree Maintenance Services

RFP #PR-27-32

Issue Date: November 2, 2026 Due Date: December 15, 2026, 2:00 p.m.

PR-27-32 Tree Maintenance Services RFP Request for Proposals TABLE OF CONTENTS Page 1 of 61

CITY OF ALBANY, OREGON

Tree Maintenance Services

TABLE OF CONTENTS

TABLE OF CONTENTS

PROPOSER’S SUBMITTAL CHECKLIST

REQUEST FOR PROPOSALS

SECTION 1 – INTRODUCTION

SECTION 2 – INSTRUCTIONS TO PROPOSERS

SECTION 3 – SCOPE OF WORK

SECTION 4 – PROPOSAL SUBMITTAL REQUIREMENTS

SECTION 5 – EVALUATION CRITERIA AND CONTRACT AWARD

EXHIBIT A – PRICE PROPOSAL & RATE SHEET

EXHIBIT B – REFERENCES

EXHIBIT C – PROPOSAL CERTIFICATION

EXHIBIT D – CERTIFICATION FOR CORPORATION OR INDEPENDENT CONTRACTOR ...34

EXHIBIT E – RESPONSIBILITY CERTIFICATION

EXHIBIT F – INSURANCE REQUIREMENTS

EXHIBIT G – EMPLOYEE DRUG AND ALCOHOL TESTING PROGRAM CERTIFICATION ...42

EXHIBIT H – EMPLOYEE BACKGROUND CHECK PROGRAM CERTIFICATION

ATTACHMENT A – SAMPLE CONTRACT

ATTACHMENT B – DEFINITIONS

PR-27-32 Tree Maintenance Services RFP Request for Proposals PROPOSER’S SUBMITTAL CHECKLIST Page 2 of 61

PROPOSER’S SUBMITTAL CHECKLIST

All proposals must be uploaded to the respective Project’s Bid Submittal Location, on the City’s website purchasing page, in non-editable PDF format, using City-provided forms, if applicable, without unauthorized alterations. An automated message will be sent to the Proposer stating, “This message is confirmation that a bid/proposal has been uploaded and saved to the Laserfiche repository.” If you do not receive a notification, you may contact contracts@albanyoregon.gov.

Proposer is solely responsible for ensuring it has the technical capability to submit its Proposal via electronic submission and highly encouraged to prepare and allow for sufficient time to familiarize itself with the electronic submission requirements to address any technical or data issues prior to the Proposal due date.

The following should be received to be considered responsive:

☐ Introductory Letter ☐ Experience & Qualifications, Service Team, and Responsiveness ☐ Disclosure ☐ Cost Proposal - Exhibit A ☐ Employee Drug Testing - Exhibit B ☐ Employee Background Check Program Certification - Exhibit C ☐ Proposal Certifications – Exhibit D ☐ Certification Statement for Corporation or Independent Contractor – Exhibit E ☐ Proposer Representations and Certification Regarding Debarment, Suspension, and

Other Responsibility Matters – Exhibit F ☐ Certification of Insurance Requirements – Exhibit G ☐ References – Exhibit H

Other than what is listed above, it is not necessary to submit any additional pages with the proposal.

Proposals must be received by the time and date designated in the Request for Proposals. It is the responsibility of the Proposer to submit the Proposal Response by electronic means before the indicated deadline to the designated location. Proposals received in the City’s repository after the designated time and date will be determined non-responsive and will not be accepted. The City is not responsible for the Proposer’s late or mishandled delivery, equipment or software failure, internet or website downtime, corrupt or unreadable data, or other technical issues that may cause delay or non-delivery of a proposal or inaccessibility of the submitted data.

If the Proposer obtains these documents by means of a website or copied from a Plan Center, it is the responsibility of the Proposer to check for all addenda prior to submittal.

https://albanyoregon.gov/finance/purchasing/bids?view_bid=769 mailto:contracts@albanyoregon.gov

PR-27-32 Tree Maintenance Services RFP Request for Proposals REQUEST FOR PROPOSALS Page 3 of 61

CITY OF ALBANY, OREGON

REQUEST FOR PROPOSALS

RFP #PR-27-32; Tree Maintenance Services Proposals Due by 2:00 p.m., December 15, 2026

Notice is hereby given that the City of Albany (City), Oregon, is requesting proposals from qualified and experienced contractors on an “as-needed” basis for a contract term of three years, beginning April 1, 2027 with options to extend the contract for two additional, one-year terms upon mutual agreement by the City and the Contractor.

The scope of service includes, but is not limited to:

• Routine tree pruning, tree takedown, stump grinding and removal

• Limb chipping, mulch removal, and other tree care related work

• Emergency mobilization

• In case of a widespread weather event provide priority service to the City of Albany

• Consultation

• Lift Truck for routine pruning services

Solicitation documents may be downloaded from the City of Albany’s website on the City's Purchasing Page, under Finance, or examined at Albany City Hall, Finance Department, 333 Broadalbin Street SW, Albany, OR 97321, Monday through Friday, 8:00 a.m. to 5:00 p.m. There is a $35 charge to receive a printed copy of the documents.

It is imperative that those who download the solicitation documents check the website regularly for addenda, clarifications, and other notifications that may be pertinent. Proposers are solely responsible for checking the website to determine if addenda or clarifications have been issued. Submit questions regarding the solicitation to contracts@albanyoregon.gov.

All proposal responses must be submitted by electronic means at the respective project’s Bid Submittal Location. All proposals must be received by December 15, 2026, 2:00 p.m. or any extension of the time made by addendum. Proposals will be considered time-stamped and received by the City at the time indicated on the City’s email confirmation response. The electronic submission shall include the project number and name “RFP# PR-27-32, Tree Maintenance Services”. Proposals received after the closing date and time will not be opened or reviewed. There will be no formal public opening. Proposals shall be valid for 120 days after opening unless otherwise specified.

https://albanyoregon.gov/finance/purchasing https://albanyoregon.gov/finance/purchasing/bids?view_bid=769

REQUEST FOR PROPOSALS Page 4 of 61

The City may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable law and may reject any or all proposals in whole or in part when the cancellation or rejection is in the best interest of the City, and at no cost to the City.

DATED THIS 2ND DAY OF NOVEMBER, 2026

Lara Raggon Contracts and Procurement Manager

PUBLISH: Daily Journal of Commerce, on Monday, November 2, 2026.

City of Albany Website, on Monday, November 2, 2026.

SECTION 1 – INTRODUCTION Page 5 of 61

SECTION 1 – INTRODUCTION

1.1 CITY INFORMATION

The City of Albany is a municipal governmental entity providing a full range of services, including police and fire protection; land use planning; sewer services; water services;

construction and maintenance of streets, and infrastructure; recreational activities, and cultural events. The certified July 1, 2024, population for the City of Albany is the most current and is 57,777 (Population Research Center, Portland State University, April 2024), is the eleventh largest city in Oregon. Located at the confluence of the Willamette and Calapooia Rivers, the city of Albany lies within both Benton and Linn counties. Albany is the largest city in Linn County and serves as the county seat. Albany is also the second largest city in Benton County. From its river town beginnings, Albany has grown south and east with the railroads, state highways and Interstate 5 and across the Willamette River into the farms and wooded hillsides of North Albany.

Albany operates under a home-rule charter in a council-manager form of government. Albany is led by an elected, non-partisan seven-member council. The council consists of the mayor and six council members. The mayor is elected at-large every two years; councilors are elected for overlapping four-year terms within three city wards. The city manager serves at the pleasure of the council. The council meets on the 2nd and 4th Wednesdays of most months and conducts work sessions the Monday prior to regularly scheduled Wednesday meetings (with some exceptions). The city council acts as the local contract review board for the City.

Albany currently employs 442 active employees throughout ten departments. The departments include Police, Fire, Parks and Recreation, Library, City Manager, Human Resources, Finance, Information Technology, Public Works Engineering and Operations, and Community Development.

The objective of requesting proposals is for the City to contract with a firm that can offer services at the highest quality of service at a cost representing the best value to the City.

More information about the City of Albany is available at: https://albanyoregon.gov.

1.2 REQUIRED SERVICES

The City of Albany Parks & Recreation department is seeking a contractor that cab demonstrate competency and experience providing the following scope of services:

• Routine tree pruning, tree takedown, stump grinding and removal

• Limb chipping, mulch removal, and other tree care related work

• Emergency mobilization

• Disaster tree removal/clean up services due to unforeseen weather events and provide priority service to the City of Albany

• Consultation

• Lift Truck for routine pruning services http://www.co.benton.or.us/ http://www.co.linn.or.us/ http://www.co.linn.or.us/ http://www.co.benton.or.us/ http://www.co.benton.or.us/ https://albanyoregon.gov/

SECTION 1 – INTRODUCTION Page 6 of 61

1.3 PROCUREMENT SOURCING METHOD AND FUNDING

The City will use a procurement and source selection method based on an advertised formal, competitive request for proposals in accordance with ORS 279B.060. Responses to this RFP will be reviewed, scored, and ranked according to the criteria defined herein.

PR-27-32 Tree Maintenance Services RFP Request for Proposals SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 7 of 61

SECTION 2 – INSTRUCTIONS TO PROPOSERS

2.1 ISSUING OFFICE

The City’s Finance Department will issue the Request for Proposals document and will be the sole point of contact for questions, concerns, and protests.

Submittal Address:

City of Albany Finance Department Contracts and Procurement Lara Raggon Contracts and Procurement Manager 333 Broadalbin Street SW, Albany, OR 97321

2.2 RFP SCHEDULE

The following general timeline will be used for receiving and evaluating proposals. The timeline listed below may be changed if it is in the City’s best interest to do so.

RFP Advertised November 2, 2026 Date to Submit Changes or Solicitation Protests November 10, 2026 Last Day to Submit Questions December 8, 2026 Last Day for Addenda Issued December 10, 2026 Proposal Due December 15, 2026 Evaluate Proposals December 21 – 31, 2026 Optional Interviews January 4 – 8, 2027 Notice of Intent to Award January 11, 2027 Protest period ends (7 calendar days) January 19, 2027 Contract Execution February, 2027 Contract and Project Work Beginning April 1, 2027

2.3 CHANGES TO THE SOLICITATION DOCUMENTS BY ADDENDA

The City of Albany reserves the right to make changes to the RFP by written addenda posted on the City of Albany website. A prospective Proposer may request a change to the RFP by submitting a request to contracts@albanyoregon.gov. The request must specify the provision of the RFP in question and contain an explanation for the requested change. All requests for changes or additional information must be submitted no later than the date set forth in the RFP Schedule.

The City of Albany will evaluate any request submitted but reserves the right to determine whether to accept the requested change. If in the Contracts and Procurement Officer’s opinion, additional information or interpretation is necessary; such information will be supplied in the form of an addendum. Any addenda will have the same binding effect as though contained in the main body of the RFP. Oral instructions or information concerning the scope of work of the project given out by City of Albany managers, employees, or agents to the prospective Proposers will not bind the City of Albany.

1. All addenda, clarifications, and interpretations will be posted on the City of Albany’s

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 8 of 61

Purchasing Page.

2. No addenda will be issued later than the date set forth in the RFP Schedule, except an addendum, if necessary, postponing the date for receipt of Proposals, withdrawing the invitation, modifying elements of the proposal resulting from a delayed process, or requesting additional information, clarifications, or revisions of proposals leading to obtaining best offers or best and final offers.

3. Each Proposer must ascertain, prior to submitting a proposal response, that the Proposer has received all addenda issued, and receipt of each must be acknowledged on the Proposal Certification form.

2.4 TRADE SECRETS AND PUBLIC RECORDS LAW

All information submitted by Proposers will be public record, and the City of Albany will make available to any person requesting information through the City of Albany’s processes for disclosure of public records, any and all information submitted and subject to disclosure, pursuant to the Federal Freedom of Information Act (FOIA) and the Oregon Public Records Act, ORS 192, except such portions of the proposals for which Proposer requests exception from disclosure consistent with Oregon law, ORS 192.345, and specifically marked “proprietary” or “confidential”. All requests will be in writing, noting specifically which portion of the p roposal the Proposer requests exception from disclosure.

Proposer must not copyright, or cause to be copyrighted, any portion of any said document submitted to the City of Albany as a result of this RFP. Proposer should not mark the whole proposal document “confidential”. If a proposal contains any information that is considered a trade secret under ORS 192.345(2). Proposers must mark each sheet of such information with the following legend: “This data constitutes a trade secret under ORS 192.345(2) and will not be disclosed except in accordance with the Oregon Public Records Law.” Any proposal marked as a trade secret in its entirety will be considered nonresponsive.

2.5 CANCELLATION

ORS 279B.100 provides for cancellation, rejection, or delay of proposals when the cancellation or rejection is in the best interest of the City as determined by the City. The City of Albany reserves the right to cancel award of this contract at any time before execution of the contract by both parties if cancellation is deemed to be in the City of Albany’s best interest.

In no event will the City of Albany have any liability for the cancellation of award.

2.6 LATE PROPOSALS, WITHDRAWALS AND MODIFICATIONS

Proposals must be submitted by the time designated in the RFP Schedule. Any proposals submitted after the designated closing time will be considered late and determined nonresponsive. A Proposer’s request for modification of a proposal, or withdrawal of a proposal received after closing date and time, is late. The City will not consider late proposals, late requests for modifications, or late withdrawals.

2.7 CONDITIONS OF SUBMITTAL

By submitting a response to this RFP, the Proposer certifies:

1. The Proposer and each person signing on behalf of any Proposer certifies, and in the

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 9 of 61 case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of their knowledge and belief, no elected official, officer, employee, or person, whose salary is payable in whole or in part by the City of Albany, has a direct or indirect financial interest in the proposal, or in the services to which it relates, or in any of the profits thereof other than as fully described in the Proposer’s response to this solicitation.

2. The Proposer has examined all parts of the request for proposal, including all requirements and contract terms and conditions thereof, and, if its proposal is accepted, the Proposer must accept the contract documents thereto unless substantive changes are made in same without the approval of the Proposer.

3. The Proposer, if an individual, is of lawful age; is the only one interested in this proposal; and that no person, firm, or corporation, other than that named, has any interest in the proposal, or in the proposed contract.

4. The Proposer has demonstrated quality experience providing the required goods and/or services, or consulting services, whichever is applicable.

5. The Proposer has examined the scope of services and conditions thoroughly and can provide the appropriate insurance, deposits, and bonds, if applicable.

6. The Proposer will comply fully with the scope of services for the agreed contract.

7. The Proposer can meet any and all registration and certification requirements as set forth and required in the Oregon Revised Statutes and this RFP.

2.8 PROPOSER REQUESTS INTERPRETATION OF RFP DOCUMENTS

1. Proposers must promptly notify the City of Albany of any ambiguity, inconsistency, or error, which they may discover upon examination of the solicitation documents.

2. Proposers requiring clarification or interpretation of the Contract Documents must make a written request for same to contracts@albanyoregon.gov.

3. The City of Albany will make interpretations, corrections, or changes of the solicitation documents in writing by published addenda. Interpretations, corrections, or changes of the proposal documents made in any other manner will not be binding, and Proposers must not rely upon such interpretations, corrections, and changes.

4. Should any doubt or difference of opinion arise between the City of Albany and a Proposer as to the items to be furnished hereunder or the interpretation of the provisions of this solicitation, the decision of the City of Albany will be final and binding upon all parties.

5. To the maximum extent allowed by law, the City may waive bid/proposal irregularities or strict compliance with any requirement herein if it concludes such action to be in its best interest.

2.9 PROPOSER REQUESTS FOR ADDITIONAL INFORMATION

Requests for information regarding City of Albany services, programs, or personnel, or any other information must be submitted to contracts@albanyoregon.gov. Answers will be provided to all Proposers of record on the date that answers are available by posting to the City website.

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 10 of 61

2.10 COMPETITION

Proposers are encouraged to comment, either with their proposals or at any other time, on any specification or requirement within this RFP, which the respondent believes will inordinately limit competition.

2.11 SOLICITATION PROTESTS

A protest of any provision in this RFP must be made in writing and emailed to procurement@albanyoregon.gov no later than the date listed in the RFP Schedule. Submittals will be reviewed upon receipt and will be answered in writing. Any protest must address the requirement, provision or feature of this RFP or its attachments, that the potential Proposer believes is ambiguous, unclear, unfair, contrary to law or likely to limit competition. Such submittals will be reviewed upon receipt and will be answered in writing.

In addition to the information required by ORS 279B.405(4), a Prospective Proposer’s written protest must include a statement of the desired changes to the procurement process or the solicitation document that the prospective Proposer believes will remedy the conditions upon which the prospective Proposer based its protest. No such protests or requests will be considered if received after the deadline or requests are incomplete. No oral, telegraphic, telephone protests or requests will be accepted.

2.12 COST OF RFP AND ASSOCIATED RESPONSES

This RFP does not commit the City of Albany to paying any costs incurred by any Proposer in the submission or presentation of a proposal, or in making the necessary studies for the preparation thereof. Responses to this solicitation are purely voluntary. Proposers must not include any such expenses as part of their proposals.

2.13 CITY TO REQUEST CLARIFICATION, ADDITIONAL RESEARCH, AND REVISIONS

1. The City of Albany reserves the right to obtain clarification of any point in a proposal or to obtain additional information necessary to properly evaluate a proposal. Failure of a Proposer to respond to such a request for additional information or clarification could result in a finding that the Proposer is nonresponsive and consequent rejection of the proposal.

2. The City of Albany may obtain information from any legal source for clarification of any proposal or for information on any Proposer. The City of Albany need not inform the Proposer of any intent to perform additional research in this respect or of any information thereby received.

3. The City of Albany may perform, at its sole option, investigations of the responsible Proposer. Information may include, but will not necessarily be limited to credit history, recent financial statements, current litigation, bonding capacity, and related history, and contacting references. All such documents, if requested by the City of Albany, become part of the public record, and may be disclosed accordingly.

4. The City reserves the right to investigate references including customers other than those listed in the Proposer’s submission. Investigation may include past performance with respect to its successful performance of similar projects, conformance to Owner’s budget, compliance with specifications and contractual mailto:procurement@albanyoregon.gov

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 11 of 61 obligations, its completion or delivery of a project on schedule, and its lawful payment to employees and workers or other criteria as determined by the City.

5. The City of Albany reserves the right to request revisions of proposals after the submission of proposals and before award.

6. The City of Albany reserves the right to negotiate revisions to the final contract, as well as price, with the successful Proposer.

7. The City of Albany reserves the right to request revisions of proposals after the submission of proposals and before award for the purpose of obtaining best offers, or best and final offers.

2.14 REJECTION OF PROPOSALS

The City of Albany reserves the right to reject any or all proposals received as a result of this request. Proposals may be rejected for one or more of the following reasons, including but not limited to:

1. Failure of the Proposer to adhere to one or more of the provisions established in this

RFP.

2. Failure of the Proposer to submit a proposal in the format specified herein.

3. Failure of the Proposer to submit a proposal within the time requirements established herein.

4. Failure of the Proposer to adhere to ethical and professional standards before, during, or following the proposal process.

The City of Albany may reject any proposal not in compliance with all prescribed public procurement procedures and requirements and may reject for good cause any or all proposals upon a finding of the City of Albany that it is in the public interest to do so.

2.15 MODIFICATION OR WITHDRAWAL OF PROPOSAL BY PROPOSER

1. A proposal may not be modified, withdrawn, or canceled by the Proposer for 120 calendar days following the time and date designated for the receipt of proposals.

2. Proposals submitted earlier may be modified or withdrawn only by email to contracts@albanyoregon.gov at the submittal location, prior to the time designated for receipt of proposals. All such communications will be so worded as not to reveal the amount of the original proposal or any other material contents of the original proposal.

3. Withdrawn proposals may be resubmitted up to the time designated for the receipt of proposals provided they are then fully in conformance with the proposal submittal instructions.

2.16 DURATION OF PROPOSAL

Proposal prices, terms and conditions will be firm for a period of at least 120 days from the deadline for receipt of submittal. The successful proposal will not be subject to future price escalation or changes of terms if accepted during the 120 calendar-day period. Price decreases or changes in terms by others after the acceptance of a proposal will not be considered.

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 12 of 61

2.17 AFFIRMATIVE ACTION

By submitting a proposal, the Proposer must agree to comply with the Fair Labor Standard Act, Title VII of the Civil Rights Act of 1964, Fair Employment Practices, Equal Employment Opportunity Act, Section 503 of the Rehabilitation Act of 1973, as amended; Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA); Americans with Disabilities Act; Age Discrimination in Employment Act of 1967 (ADEA); and Oregon Revised Statutes; and all applicable requirements of federal, state and local civil rights and rehabilitation statutes, rules and regulations if awarded a contract by the City.

2.18 CERTIFICATION OFFICE FOR BUSINESS INCLUSION AND DIVERSITY (COBID)

The Oregon Business Development Department, through the Certification Office for Business Inclusion and Diversity, is the sole agency that may certify enterprises and businesses as disadvantaged business enterprises, minority-owned businesses, woman-owned businesses, businesses that service-disabled veterans own and emerging small businesses that are eligible to perform public contracts in this state. Proposer must agree not to discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns, or an emerging small business enterprise certified under ORS 200.055 in awarding subcontracts as required by ORS 279A.110. The State of Oregon provides a certification directory for MWESB Contractors located on the Business Oregon Certification Office for Business Inclusion and Diversity (COBID) webpage.

Proposers should consider MWESB Contractors for subcontracting opportunities.

If the contract is awarded on the basis of Proposer’s certification as a Disadvantaged Business Enterprise (DBE), Minority/Women-owned Business Enterprise (MWBE), Service-disabled Veteran, and Emerging Small Business (ESB) certifications (collectively known as MWESBs), Proposer must remain certified during the entire term of the contract. Proposers must include a similar provision in any subcontracts for the project.

2.19 PAY EQUITY COMPLIANCE

As required by ORS 279B.235, all Proposers must comply with ORS 652.220 and will not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. Proposer’s compliance with this section constitutes a material element of this contract and a failure to comply constitutes a breach that entitles the City to terminate this contract for cause.

Proposer may not prohibit any of their employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Proposer may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

If the contract is valued at $500,000 or more and the Proposer has 50 or more employees, then the Proposer is required to complete Pay Equity Training through the State of Oregon’s Department of Administrative Services, (DAS), at the Pay Equity Class in Workday, and must certify they have taken the training and provide a certificate as evidence before awarded a https://www.oregon.gov/biz/programs/cobid/pages/default.aspx https://wd5.myworkday.com/oregon/learning/course/d1b3cb4577c801f4f94e16a7ed01ab1c?type=9882927d138b100019b928e75843018d

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 13 of 61 contract by the City.

2.20 SUBCONTRACTORS/SUBCONSULTANTS

In all solicitations either by competitive bidding, proposals, or negotiation made by the successful Proposer for work to be performed under a subconsultant/subcontractor, including procurements of materials or leases of equipment, each potential subconsultant/subcontractor shall be notified by the successful Proposer of the Proposer’s obligations under this contract, Title VI of the Civil Rights Act of 1964, and other federal nondiscrimination laws. A list of potential state certified DBE Contractors is available at the Business Oregon Certification Office for Business Inclusion and Diversity (COBID) webpage.

and from the City’s website at City of Albany’s Purchasing Page.

2.21 IDENTICAL PROPOSALS

If the City receives proposals identical in price, fitness, availability, and quality and chooses to award a contract, the City will award the contract in accordance with ORS 279A.120 and OAR 137-046-0300. If the City determines that one or more proposals are identical, tiebreaker preference for identical offers are awarded in the following order of precedence: 1) Goods and services manufactured, produced or to be performed in Oregon, and 2) Drawing of lots among the identical offers. The City will provide the Proposers who submitted the identical proposals notice of the date, time, and location of the drawing of lots and an opportunity for the Proposers to be present when the lots are drawn.

2.22 COMPLIANCE WITH STATE OF OREGON LAWS

By submitting a response to this solicitation, Proposer agrees that any terms and conditions stated within any agreement awarded as a result of this solicitation will include the following laws of the State of Oregon and are hereby incorporated by reference into the agreement: ORS 279B.220 (Payment, contributions, liens, and withholding), ORS 279B.225 (Salvaging, recycling, composting or mulching yard waste material, if applicable), ORS 279B.230 (Payment for medical care and workers’ compensation), and ORS 279B.235 (Hours of labor).

2.23 NOTIFICATION OF INTENT TO AWARD AND DEBRIEFING OPPORTUNITY

Responsive Proposers to this RFP will be notified of the Selection Review Team’s recommendation and the City’s intent to award an Agreement not less than seven (7) days prior to award of Agreement. The notice of intent to award an agreement will be directed to the person who has signed the proposal on behalf of the Proposer, or their designee, if an email has not been provided.

The City will notify all Proposers of their opportunity to request a debriefing with Procurement to review scores, evaluation, interviews and demonstrations, if applicable, and proposal recommendations for improvement. Debriefings will be held after a contract has been awarded and executed with the successful proposer.

2.24 PROTEST OF AWARD

A Proposer whose submittal was scored as the second apparent, most advantageous proposal response, and submitted a responsive and responsible proposal, may protest the award of contract or the intent to award such a contract, whichever occurs first. In addition, the following https://www.oregon.gov/biz/programs/cobid/pages/default.aspx

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 14 of 61 conditions must exist: (1) the Proposer must be adversely affected because the Proposer would be eligible to be awarded the contract in the event the protest is successful; (2) the reason for the protest is that all the lower proposals, or higher-ranked proposals are nonresponsive; (3) the City has failed to conduct the evaluation of proposals in accordance with the criteria or processes described in the s olicitation d ocument and the specific criteria and process being protested must be included; (4) t he City has abused its discretion in rejecting the protestor’s bid/proposal as nonresponsive; (5) the City’s evaluation of the proposals or the subsequent determination of award is otherwise in violation of ORS 279A or 279B.

Written protests must be delivered to procurement@albanyoregon.gov, within seven (7) days after issuance of the notice of intent to award the contract, or if no notice of intent to award is issued, within forty-eight hours after award. The written protest must specify the grounds for protest, must be received by the deadline provided in the notice of intent to award, and must be complete meeting all conditions addressed above, to be considered by the City, pursuant to ORS 279B.410(2). City will not consider a protest of contract award that is incomplete or submitted after the above timeline.

2.25 NONAPPROPRIATION

The City’s obligation to award this RFP is contingent upon appropriation or approval of funds.

2.26 AGREEMENT

The Successful Proposer will be required to sign an Agreement to deliver to the City at the cost proposed, providing the scope of services and conditions set forth herein, or an agreed upon statement of work, if applicable. It is the City’s intent to award an Agreement in substantially the form of the Sample Agreement attached to this RFP document. Proposers may submit alternatives to the Agreement for the City’s review. The City, at its sole determination, may approve the Proposer’s offered terms, as is, require modifications, or reject the proposed Agreement terms and conditions and require the City’s Agreement be executed for the purpose of this RFP.

2.27 NOTICE TO PROCEED

Work under the Agreement may not begin until the Notice to Proceed has been issued. The City will issue the Notice to Proceed after execution of the contract. The Notice to Proceed will state the date work under the Agreement will begin.

2.28 RECIPROCAL PREFERENCE LAW

Oregon’s Reciprocal Preference Law, ORS 279A.125, requires public contracting agencies, in determining the lowest responsible Proposer, to add a percent increase to each out-of-state Proposer’s proposal price which is equal to the percent of preference given to local Proposers in the Proposer’s home state. The list prepared and maintained by the Oregon Department of Administrative Services pursuant to ORS 279A.120(4) will be used to determine whether the nonresident Proposer’s state gives preference to in-state Proposers and the amount of such preference. For details, check Oregon’s Reciprocal Preference Law at the National Association of State Procurement Officials’ State Reciprocal Preference Repository. Proposers in need of assistance in the application of this law should contact the State Procurement Office: State of mailto:procurement@albanyoregon.gov https://www.naspo.org/research-and-innovation/state-preference-repository/

SECTION 2 – INSTRUCTIONS TO PROPOSERS Page 15 of 61

Oregon, Department of Administrative Services, State Procurement Office, 1225 Ferry Street SE, U-140, Salem, OR 97301-4285. Phone: 503-378-4642.

2.29 INVOICES

All invoices must be submitted in writing and given by mail or email to:

City of Albany Attn: Accounts Payable P.O. Box 490 Albany, Oregon 97321 Accountspayable@albanyoregon.gov

Invoices must be itemized for work completed and submitted monthly to Accounts Payable with a courtesy copy to Clarissa Lewis at Clarissa.lewis@albanyoregon.gov.

And when so addressed, will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, bills will be deemed given at the time of actual delivery.

2.30 INTERGOVERNMENTAL COOPERATIVE AGREEMENT

Pursuant to ORS 279A.215, other Public Agencies shall have the ability to purchase the awarded goods and services from the awarded Contractor under terms and conditions of the resultant contract. Any such purchases shall be between the Firm and the Participating Public Agency and shall not impact the Contactor’s obligation to the City of Albany. If the Contractor chooses to participate in such agreements, all Agency relationships including those for contract administration, ordering, deliveries, approvals, billing, and collections shall be between the Participating Agency and the Contractor. The originating agency, City of Albany, except for this enabling agreement, shall not participate in any aspects of commercial activity between the Contractor and the Participating Agency. If the Contractor agrees to participate, all such participation shall be based on this solicitation and the resulting award except that reasonable changes in pricing and terms may be negotiated directly between the Participating Agency and the Contractor to accommodate differences in delivery distances and local conditions. All such changes shall be solely between the Firm and the Participating Agency.

Proposer must accept or decline participation in the Intergovernmental Cooperative Agreement on the Proposal Certification – Exhibit C.

mailto:Accountspayable@albanyoregon.gov mailto:Clarissa.lewis@albanyoregon.gov

PR-27-32 Tree Maintenance Services RFP Request for Proposals SECTION 3 – SCOPE OF WORK Page 16 of 61

SECTION 3 – SCOPE OF WORK

3.1 OBJECTIVE AND PROJECT DESCRIPTION

The objective of requesting proposals is to establish a contract with a qualified contractor to provide tree maintenance services for the City.

3.2 CONTRACT TERM

The contract term will begin April 1, 2027, for three years, with the option to extend the contract for up to two additional one-year terms, for a total of five years, upon mutual agreement by the parties.

If City elects to renew the contract, written notice shall be provided to the Contractor a minimum of four (4) months prior to the expiration of the current contract with its intent to do

so. A contract amendment will be sent and signed by the parties to extend the contract provisions.

All work shall begin within seven (7) days after a notice to proceed has been issued, or on the agreed-upon project start date.

3.3 QUALIFICATIONS AND CERTIFICATIONS

The Contractor must have at least one arborist on staff certified by the International Society of Arboriculture (ISA) to oversee all tree removal and pruning work and certify that the work meets the City’s tree maintenance scope of work. The Contractor must submit a copy of a current, valid ISA certification with its proposal and provide updated certification documentation upon renewal during the contract term, as applicable.

The Contractor must also maintain an active license with the Oregon Landscape Contractors Board (LCB) or Construction Contractors Board (CCB), as applicable to the services performed. The City will verify the Contractor’s license status through the LCB license lookup or CCB license lookup.

3.4 SCOPE OF SERVICES

The Contractor shall perform the anticipated services listed below within the scope of this Agreement. Services will be requested on an as-needed basis and may include, but are not limited to, the following:

• Routine tree pruning, tree takedown, stump grinding and removal.

• Limb chipping, mulch removal, and other tree care-related work.

• Emergency mobilization and priority tree services following storms, severe weather, or other disaster events.

• Tree care consultation.

• Provision of a lift truck for routine pruning services.

The City will communicate service requests to the Contractor by email. The email will serve as a work order and request an estimate for the requested services. For non-emergency work, the City will issue a purchase order (PO) when possible. The Contractor shall acknowledge receipt of the PO and provide an anticipated work schedule and completion timeline. Emergency work https://lcb.us.thentiacloud.net/webs/lcb/register/ http://search.ccb.state.or.us/search/

SECTION 3 – SCOPE OF WORK Page 17 of 61 may proceed as directed by the City without prior issuance of a PO, subject to applicable City requirements.

The City may request additional work related to the tree maintenance services described in this Scope of Work during the contract term. Any such additional work shall be subject to a mutually agreed-upon contract amendment executed by the City and the Contractor.

3.5 DISASTER TREE SERVICES FOR WEATHER EVENTS

In case of a widespread weather event, Contractor is required to provide priority service to the City of Albany for any emergency tree services, including removal and cleanup services, in a safe and timely manner, to resolve emergency public safety issues, e.g., removing trees that pose an immediate threat to life and property. In the event that the Contractor is unable to perform the needed contractual disaster tree services required during an emergency weather event, the City may pass on any additional cost or fee incurred to the Contractor to obtain a replacement emergency tree services provider.

3.6 PUBLIC SAFETY

The Contractor shall comply with all rules and regulations of the City, State, and County authorities regarding the closing of public streets or highways to use of public traffic. No road shall be closed to the public except by express permission of the City’s Representative. The Contractor should conduct the work in a manner to ensure the least possible obstruction to traffic and normal commercial pursuits. It is of prime importance to the City that the convenience to the public and residents on and adjacent to the work site, and that protection of persons and property are provided for at all times with minimal disruption.

All work shall conform to the safety requirements set forth by the American National Standards Institute, ANSI Z133 (Revised 2017), and standard pruning practices set forth by the ANSI A300(Revised 2017).

Traffic, pedestrian, and parking control is the responsibility of the Contractor. If required by the City, the Contractor shall post “NO PARKING” signs in accordance with local laws. The signs shall be posted 24 hours in advance of scheduled tree services and removed within five

(5) hours of completion of work.

The Contractor shall take reasonable and immediate measures to protect the public from hazards associated with its work, including trip hazards, roadway obstructions, and other conditions that may pose a risk to pedestrians, motorists, or others. The Contractor shall promptly mitigate hazards within its control and immediately notify the City of any hazards that cannot be promptly or safely mitigated. The Contractor shall maintain appropriate warnings, barriers, or other protective measures until the hazard is resolved.

3.7 CLEANUP OF WASTE MATERIAL/RUBBISH

The Contractor shall, at all times, be solely responsible for all expenses and keeping the property free from accumulation of waste material and rubbish caused by the Contractor’s, and subcontractors’, if applicable, employees, or by the work. Accumulation of waste materials that might constitute a fire hazard shall not be permitted. Spillage from the

SECTION 3 – SCOPE OF WORK Page 18 of 61

Contractor’s hauling vehicles on public or private roads or property shall be promptly cleaned

up. The Contractor shall, upon completion of each day’s work, remove all rubbish and waste material resulting from daily operations at Contractor’s own expense. Recycling methods shall be utilized whenever possible.

3.8 CONTRACTOR’S EMPLOYEES

All personnel employed by the Contractor shall present a neat appearance and be courteous to the public. The City and the Contractor will promptly notify the other of any complaints received within 24 hours. The Contractor will utilize employees who can perform the work described in the scope of services in the RFP. At the request of the City, the Contractor shall promptly replace for just cause any employee performing in an unsafe manner, or abusive or disorderly person(s), employed by the Contractor.

Contractor’s employees should wear an easily identifiable identification (ID) security card/badge with photo attached clearly visible for the public to read, so individual is readily identifiable asan employee of the Contractor; and shall not represent to anyone they are an employee of the City. Contractor must agree to follow all City required Oregon Health Authority and OSHA COVID19 guidelines.

3.9 CERTIFICATION OF EMPLOYEE DRUG TESTING PROGRAM

The City requires all Contractors to provide assurances that they have an employee drug testing program in place and that for all employees working on City of Albany contracts have been tested and contractor conducts random drug testing for employees at least annually.

Drug testing results must be negative for assigned employees to provide services to the City of Albany. City reserves the right to audit drug testing program reports periodically for compliance. Contractor must designate that they participate in an Employee Drug Testing Program (Exhibit G). Contractor may be required to provide additional testing should City make a request due to a public concern.

3.10 CERTIFICATION OF EMPLOYEE BACKGROUND CHECK PROGRAM

The City requires all Contractors to provide assurances a criminal background check has been performed for all employees working on City of Albany contracts prior to the start of work. The Contractor should provide the City with the results of the background check, if requested, or prior to the Notice to Proceed, and additionally as new employees are hired for use on the City contract. City reserves the right to audit background check reports periodically. Contractor must certify that Contractor participates in an Employee Background Check Program (Exhibit H).

3.11 HOURS OF OPERATION

Hours of operation shall be in accordance with the Albany Municipal Code (AMC) 7.08.050.

Tree services shall be provided only between the hours of 7:00 a.m. and 6:00 p.m. Any request for a change in these hours shall be submitted in writing for approval by the City’s Representative prior to the change.

SECTION 3 – SCOPE OF WORK Page 19 of 61

3.12 PROGRESS REPORTS

The Contractor shall submit a monthly progress report of work completed during the preceding month to the City’s Representative by the end of the first full week of each month.

The reports shall contain:

• Exact number of projects completed

• Actual number of hours worked with a breakdown of work performed per location

• Total hours worked

• Location of each project

• Anticipated follow-up work

• Extra work needed

3.13 EMERGENCY CALL OUT

Contractor shall provide 24-hour emergency response to City’s Representative or designee within approximately two (2) hours from the City’s “call-out” request to the Contractor in the case of an emergency situation. Contractor must contact the emergency Park’s after-hours phone number, 971-518-0475; or City’s Representative, 541-791-0157. The City of Albany reserves the right to choose other Contractors for any tree maintenance service issue when in the determination of the City it is in the organization’s best interest to do so or is a public safety concern.

3.14 INDEPENDENT CONTRACTOR (ORS 670.600)

The Contractor shall provide all labor, equipment, material, and supervision necessary to perform the scope of services described in this RFP. The parties intend that Contractor, in performing the services specified in this contract, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Contractor is not considered an agent or employee of the City of Albany and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits the City of Albany provide its employees.

3.15 INCREASE OR DECREASE IN SERVICES

The City shall have the option to increase or decrease services and may request Contractor to provide additional work and perform special projects for the City. All change orders to the contract will be negotiated, in the form of an amendment to the contract, and mutually agreed upon. The amendment will represent a proportional adjustment to the contract price resulting from the increase or decrease in the scope of work. The amendment shall be executed by both parties. Special projects should be billed separately to the City of Albany.

3.16 PROJECT MANAGEMENT

The City anticipates regular communication and coordination with City staff to discuss situations and evaluate processes, public concerns, and adjustments that may be necessary to meet City requirements, scheduling timelines, and disaster tree service needs. The City reserves the right to request written status reports, if needed, should a situation arise that warrants written documentation to support emergency management operations and/or reimbursement requirements, or an issue or public concern.

3.17 ECONOMIC PRICE ADJUSTMENTS

The resulting contract will be a fixed price contract with an economic price adjustment once annually after the first year has been completed and at the request of the Contractor four (4) months prior to the end date of the contract term.

Any change in pricing will be subject to a maximum increase in any one year for the period ending (on the last day of the month) three (3) months prior to the first day of the contract term, or three (3) percent, whichever is lower, as posted in the U.S. Labor Statistics CPI-W, All Items.

Contractor shall be required to provide and explain the driving cost component in the price increase request and will be required to provide supporting evidence on the basis of the increase, such as rates reflected on the PPI or CPI, and the Contractor’s cost data.

In times of extreme and unforeseen market volatility, the City may negotiate “temporary” price adjustments with the selected Proposer. As a result of the unexpected cost increases, the City reserves the right to annually request an equitable reciprocal adjustment to pricing should prices trend downward.

https://www.bls.gov/cpi/latest-numbers.htm https://www.bls.gov/cpi/latest-numbers.htm

SECTION 4 – PROPOSAL SUBMITTAL REQUIREMENTS Page 21 of 61

SECTION 4 – PROPOSAL SUBMITTAL REQUIREMENTS

4.