HomeMy WebLinkAboutContractAGREEMENT FOR ARBORIST REPORT
THIS AGREEMENT, dated for reference purposes only as 024 is by and between the
City Bartlett Tree
Expert , Company. The City and the Consultant are referred to collectively
in this the Parties, this Agreement is
effective as of the last date signed by both parties.
Scope of Work: Consultant agrees to provide a tree inventory and SA Level 2 Basic Tree
Ri Assessment as specified in Exhibit Exhibit A, which is attached and incorporated
herein and Work
Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than December 30, 2024.
Compensation:
Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $11,300.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
CAG-24-250
August 30
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Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten(10) calendar
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
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Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement.
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
ial protection. Consultant shall indemnify, defend,
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
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employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees,
penalties,
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
persons
or damages to property caused by or resulting from the concurrent negligence of the
It is further specifically and expressly understood that the indemnification provided in
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Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts:
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Ag Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C.
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
emises by or on
behalf of the City, beyond normal commutes.
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E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
recourse to any remedy available at law or in equity.
F.
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
controloccur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Debbie Boodell
1055 South Grady Way
Renton, WA 98057
Phone: (206) 556-5026
dboodell@rentonwa.gov
CONSULTANT
Anna Heckman
15119 McLean Road
Mount Vernon, WA 98273
Phone: (360) 399-1377
aheckman@bartlett.com
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to c -discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
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the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management.project manager is Debbie
Boodell. In providing Work, Consultant shall coordinate
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
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other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability.
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers.
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Martin Pastucha
Public Works Administrator
Anna Heckman
Senior Consulting Arborist
_____________________________
Date
_____________________________
Date
Approved as to Legal Form
By: __________________________
Shane Moloney
City Attorney
Contract Template Updated 5/21/2021
___________
___________________
Matthew Farin
Executive Vice President
8/15/2024
Approved by Cheryl Beyer via email 8/21/2024
Urban Forestry Services | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company
15119 McLean Road, Mount Vernon, WA, 98273 360.399.1377 www.urbanforestryservices.com
Proposal to Provide Consulting Services
Date: 6/13/2024
Prepared For: Debbie Boodell, Capital Project Coordinator
Public Works Facilities, City of Renton
Renton, WA 98057
Project Details: Tree inventory with an ISA Level 2 Basic Tree Risk
Assessment
Pavilion, Piazza, and Gateway Parks
233 Burnett Ave South, Renton, WA 98057
Prepared By: Anna Heckman
Senior Consulting Arborist
Notice to Client
Urban Forestry Services | Bartlett Consulting are Divisions of the F.A. Bartlett Tree Expert
Company (Bartlett Tree Experts) and prepared this proposal at the owner/client’s direction to
assist with making tree/shrub management decisions. In addition to the recommended scope of
work below, we advise the owner/client to have a qualified arborist inspect the property
periodically to assist in identifying whether additional tree risk assessments are needed to
update or identify new potential risks or hazardous conditions related to the trees/shrubs on the
property. Doing so will allow the owner/client to make informed decisions about the tree/shrub
conditions and the prioritization of future work.
Scope of Work
Urban Forestry Services | Bartlett Consulting will conduct a tree inventory with a Level 2 basic
assessment* of tree risk on the specified trees, as identified by the owner/client, to evaluate the
potential risk posed by the tree(s) or tree parts assessed. The tree risk assessment will include
a report stating the overall tree risk potential for the identified tree or trees, as well as options for
mitigating the risks associated with the subject tree(s), to assist the owner/client with the
management of the tree or trees.
The complete scope of the assignment is listed below:
Task 1:
1. Schedule a site visit by a tree risk assessment qualified arborist within 60 days of a signed
proposal to assess the following tree(s):
Proposal for Tree inventory with an ISA Level 2 Basic Tree Risk Assessment June 14, 2024 Page 2
Urban Forestry Services | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company
15119 McLean Road, Mount Vernon, WA, 98273 360.399.1377 www.urbanforestryservices.com
a. Trees with a trunk diameter (measured at 54 inches) greater than 4 inches located
within the specified landscape and /public rights-of-way (see provided map with
boundaries).
2. Perform a tree inventory in the specified area(s) up to, but not exceeding, 80 trees or upon
completion of the specified area(s). We estimate 24 street and park trees adjacent to the
Pavilion and north parking area and 44 trees in both parks to the south. This proposal
assumes all trees will be inventoried at the same time. Multiple site visits may require
additional funding. Trees will be physically tagged with/assigned a corresponding ID number
that will be referenced on maps and within the final deliverable(s).
3. Perform a ground-based Level 2 basic assessment of the tree(s) and site to determine the
likelihood of tree or tree part failure, the likelihood of a failed part impacting a target, and the
consequences of a failure and impact, to determine tree risk. High risk trees will be
documented on the tree retention work sheet.
Fee for Task 1: $3,700 (Pavilion: $700, Parks: $3,000)
Task 2:
4. Provide an executive summary, spreadsheet, map and the Renton tree Retention and Credit
worksheet that will present the results of the inventory and tree risk assessment within 30
days of the assessment. The report will include:
a. Summary of procedures used during the inventory.
b. Plan/map of tree locations.
c. Tree descriptions including:
i. ID number
ii. Species
iii. Trunk diameter (measured at 54 inches, DBH)
iv. Condition class (good, fair, poor, dead)
v. Estimated height.
vi. Estimated canopy radius (+/- 5 feet)
vii. Observed conditions of concern/defects
viii. Critical Root Zone (CRZ)
ix. Preconstruction Viability for retention or removal
d. General recommendations for tree protection during construction activities
e. Tree risk descriptions including:
a. Tree selection criteria and tree risk assessment methodology used.
b. Specific risk targets considered.
c. Likelihood of failure, likelihood of impact, consequences of failure and tree risk.
d. Risk mitigation options such as but not limited to: pruning, removal, or structural
support installation.
e. Recommendations for Level 3 advanced assessments (if warranted.)
f. Estimated residual risk after completion of the recommended mitigation.
g. Definitions of unique terms used in tree risk assessment.
h. Recommended re-assessment interval.
f. The first half of the tree Retention and Credit Worksheet.
Fee for Task 2: $6,200 (Pavilion: $1,800, Parks: $4,400)
Proposal for Tree inventory with an ISA Level 2 Basic Tree Risk Assessment June 14, 2024 Page 3
Urban Forestry Services | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company
15119 McLean Road, Mount Vernon, WA, 98273 360.399.1377 www.urbanforestryservices.com
Task 3:
After development plans are provided for review by the client, the following Tree protection data
can be provided in an addendum to the report, a tree protection map, and the completed Tree
retention and credit worksheet.
a. Root zone infringement (<25%, 25-50%, 51-75%, >75%)
b. Recommendation for retention, protection or removal
c. Recommended Tree Protection Zone (TPZ)
d. Specific Tree Protection Recommendations
e. The completed Tree retention and credit worksheet
Task 3 – $1,400 (Pavilion)
Fees
The work described above shall be performed for a fee of $11,300. Urban Forestry Services |
Bartlett Consulting will invoice the owner/client upon completion of the deliverables. Payment is
due upon receipt of the invoice.
Additional Services and Fees
Additional work requested by the owner/client, such as additional site visits, report revisions, or
attendance at meetings, shall be billed at the following hourly rates:
Field/Data Reporting
Managing / Senior Consulting Arborist $170 per hour $190 per hour
Consulting Arborist $170 per hour $190 per hour
Field Consulting Arborist $150 per hour $190 per hour
Travel
Administrative Assistant $100 per hour
Travel $150 per hour
Mileage per IRS mileage rate.
Notice of Right to Cancel
You, the owner/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 Urban Forestry Services
| Bartlett Consulting, in writing of your intent to do so, referencing the work location and project.
Need for Future Inspections
It shall be the responsibility of the owner/client to ensure that a qualified arborist inspects all trees
annually, or after any major weather event, to help determine whether additional tree risk
assessments are needed to monitor the risk associated with the trees on the aforementioned
property.
Additional Terms
After reviewing the additional information and terms and conditions provided
with this proposal, which becomes part of this agreement, please sign and return
a copy. In the event that the owner/client should issue additional work authorization terms, if
agreed upon, such terms will be incorporated into this agreement. In the event that such terms
conflict with this agreement, then the terms of this agreement shall govern over any conflicting
Proposal for Tree inventory with an ISA Level 2 Basic Tree Risk Assessment June 14, 2024 Page 4
Urban Forestry Services | Bartlett Consulting Divisions of The F.A. Bartlett Tree Expert Company
15119 McLean Road, Mount Vernon, WA, 98273 360.399.1377 www.urbanforestryservices.com
language. Should you have any questions or need further information, please contact me
directly at (360) 503-9412.
Offer
Urban Forestry Services | Bartlett Consulting will perform the above-referenced service in a
safe, professional manner, in accordance with all laws, rules, regulations, and industry
standards governing tree care.
Urban Forestry Services | Bartlett Consulting
Representative Signature:
Date:
Printed Name:
Authorization to Proceed
I hereby authorize Urban Forestry Services | Bartlett Consulting to perform the above services.
Unless otherwise agreed upon in writing by Urban Forestry Services | Bartlett Consulting, I
agree to make a total payment of the estimated costs and all authorized additional costs upon
completion of the work.
Owner/Client’s Signature:
Date:
Printed Name:
Invoicing Details
Please complete the following invoicing details.
The information provided below will be used for billing purposes.
Required fields are indicated with an asterisk (*).
--------------------------------------------------------------------------------------------------
*Contact name or department (Attention of):
*Telephone number:
*Billing email:
Additional email:
*Invoicing address:
PO/Job/Contract number:
Please indicate your preference:Email invoice Mail invoice
Pay by: Check EFT/ACH
June 14, 2024
Anna Heckman
Tree Risk Assessment Vocabulary Page 1
The F.A. Bartlett Tree Expert Company
1290 East Main Street, Stamford, CT 06902 203.323.1131 www.bartlett.com
Tree Risk Assessment Methodology
Urban Forestry Services | Bartlett Consulting applies the methodology defined by the
International Society of Arboriculture in its Best Management Practices for Tree Risk
Assessment to identify tree risk ratings.
To begin the tree risk assessment process, the arborist will review the owner/client’s goals and
objectives, request information about the activity around the tree or trees being assessed for
risk and make a series of observations. The arborist will assess the condition of the tree or tree
part(s), and through consultation with the client, identify any potential persons, property, or
activities that could be impacted if the tree or tree part(s) failed. Throughout the process, the
arborist will assign a series of ratings to specific categories, including: the likelihood of the tree
or tree part failing within a three-year period, the likelihood of the failed part impacting a person,
property, or activities, and the potential consequences that such an impact may have. This
information helps determine a tree or tree part’s “overall risk rating,” as described in
arboricultural industry standards.
One important factor that the arborist must consider is the potential injury to a person from a
tree failure. To determine an appropriate level of tree or tree part risk, the arborist will consider
one of the highest “occupancy rate” categories for any persons who are deemed to be potential
targets of a tree or tree part failure of the tree being assessed, unless the owner/client states
otherwise. Also, the highest “consequence” category is typically assigned whenever a person(s)
may be injured from a tree failure. Doing so will potentially result in a higher risk rating of the
assessed tree; however, we believe this to be a more prudent method to use when considering
the possible injury, the impact of a failed tree or tree part can cause to a person.
If, during the field assessments, the arborist believes that a more involved assessment, such as
a Level 3 advanced assessment is required, or if the owner/client requests additional
assessments, a separate proposal for such additional work will be provided with a cost estimate
and must be authorized by the owner/client in writing prior to such services being performed.
Once the field portion of the tree risk assessment is completed, the arborist will prepare a
written report for the owner/client, which will provide information to help the owner/client make
decisions regarding the management of the tree(s) being assessed.
Conditions of Proposal
This offer is valid for 45 days. Unless accepted, our offer will be considered withdrawn after 45
days.
Before entering into this agreement, the owner/client must inform Bartlett Tree Experts of any
additional requirements that may affect the work or proposal pricing (such as the owner/client’s
contractual terms, the owner/client’s insurance requirements, or the owner/client’s timing
requirements of the work). Bartlett Tree Experts reserves the right to terminate the contract,
without penalty, and submit a revised proposal and pricing if the owner/client presents additional
requirements after they have accepted the original proposal.
Prior to conducting the inventory and Level 2 basic assessments, the owner/client must
recognize that evaluating the potential for tree risk and failure is not an exact science. While
many factors will be considered during such an assessment including the extent of any defects,
the species of tree, the tree characteristics, and environmental conditions, the owner/client must
understand that all trees inherently pose a certain degree of hazard and risk from breakage,
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failure or other causes and conditions. The purpose of this assessment is to help the
owner/client understand which trees appear to possess a higher degree of likelihood or potential
for failure based on accepted industry practices; it is not meant to declare any tree to be “safe”
or unlikely to be hazardous. As such, the owner/client should not infer that any tree not identified
as having an imminent or probable likelihood of failure, or not identified with a moderate, high,
or extreme overall risk rating, or not having a condition rating of poor or dead, or not having a
tree and shrub work categorization of risk mitigation, or not having a tree and shrub work phase
of asap, 1, or 2, is “safe” or will not fail in any manner.
All recommendations made by Bartlett Tree Experts will be based on the defects which are
present and detectable at the time of the inventory and assessment, and the commonly
accepted industry practices for reducing or minimizing the risks associated with the trees.
Bartlett Tree Experts can make no guarantees or warrantees of any kind that all defects will be
detected, nor can Bartlett Tree Experts accept any liability in any manner whatsoever for any
damage caused by any tree on this property, whether the tree was inventoried and assessed or
not.
In addition, to the fullest extent permitted by law, the owner/client agrees to indemnify and hold
harmless Bartlett Tree Experts from any third party lawsuits or claims based on the past,
present, or future conditions of the owner/client’s trees, or decisions made by the owner/client
regarding the trees, or injuries or damages caused by any future tree or tree part failures, which
are under the ownership and control of the owner/client, that Bartlett Tree Experts may suffer as
the result of any negligent action, inaction, or decisions made by the owner/client regarding the
trees.
Risk assessment information is to be considered valid as of the time and date of assessment.
Tree risk assessment definitions are provided with this proposal to assist the owner/client with
understanding specific industry vocabulary.
Explanation of Tree Risk Levels
The three levels of tree risk assessment defined in the ANSI A300 Tree Risk Assessment
Standard are:
I. Level 1: Limited Visual Assessment
This level of assessment provides a visual assessment from a defined perspective
(e.g., from the sidewalk, street, or aerial view) of an individual tree or population of
trees to assess risk to specified targets from obvious defects or specified conditions.
Level 1 assessments are typically performed to quickly assess large populations of
trees or conduct a rapid assessment of an individual tree. The assessor views only
one side of the tree while walking on a sidewalk, being unable to access a
neighboring property, looking from a slow-moving car, or from above with a drone,
helicopter, or airplane.
A Level 1 assessment requires the client to identify the location and/or selection
criteria of trees to be assessed. The assessor may:
1. Determine the most efficient route and document the route taken.
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2. Assess the tree(s) within the area from the defined perspective (e.g., walk-by or
drive-by).
3. Record the location of trees that meet the defined criteria (e.g., significant defects
or other conditions of concern).
4. Evaluate the risk (risk rating is optional).
5. Identify trees requiring a higher level of assessment (Level 2 or Level 3) and/or
prompt action.
6. Submit risk mitigation recommendations and/or a report.
Limitations: Level 1 assessments are the least thorough means of assessment. They
are typically from one perspective, such as a walk-by, a drive-by, or aerial view. This
level of assessment is most commonly used to prioritize higher-risk trees within
larger groups of trees when there are budgetary, time, or other management
constraints. Some defects or conditions will not be visible to the tree risk assessor,
nor will all conditions visible at all times of the year; therefore, not all higher-risk trees
will be accurately identified. In addition, the assessment may not provide enough
information to assign a risk rating, make a risk mitigation recommendation, or
determine residual risk.
II. Level 2: Basic Assessment
A Level 2 assessment is a detailed visual inspection of a tree and its surrounding site
and a synthesis of the information collected. It requires a 360° ground-based
inspection around a tree, including the site conditions, visible buttress roots, trunk,
branches, and crown.
The Level 2 assessment may include using tools such as binoculars, mallet, or probe
at the discretion of the assessor or at the request of the owner/client.
At this level, the assessor may:
1. Locate and identify the tree or trees to be assessed.
2. Determine the targets and target zone for the tree or tree part(s) of concern.
3. Review the site history and conditions, and species failure profile.
4. Assess potential load on the tree and its parts.
5. Assess general tree health.
6. Inspect the tree visually which may include the use of common tools such as
binoculars, mallet, probes, and/or shovels, as specified in the Scope of Work.
7. Record observations of site conditions, defects, indicators of internal defects, and
response growth.
8. If necessary, recommend a Level 3 advanced assessment.
9. Analyze data to determine the likelihood of failure, likelihood of impact, and
consequences of failure to evaluate the degree of risk.
10. Develop mitigation options and estimate residual risk for each option.
11. Recommend a re-assessment interval.
12. Prepare and submit a report.
Limitations: Level 2 assessments only include conditions and defects that can be
detected from a ground-based visual observation on the day of the assessment.
Below-ground, internal, or upper-crown conditions, decay, and defects may not be
detected.
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III. Level 3: Advanced Assessment
A Level 3 assessment is performed to provide detailed information about specific
tree parts, defects, targets, or site conditions. These are usually conducted in
conjunction with or after a Level 2 assessment with owner/client approval.
Specialized equipment, data collection and analysis, and/or expertise are usually
required for Level 3 assessments.
At this level, the assessor may:
1. Locate and identify the tree or trees to be assessed.
2. Determine the targets and target zone for the tree or tree part(s) of concern.
3. Review the site history and conditions, and species failure profile.
4. Assess potential load on the tree and its parts.
5. Assess general tree health.
6. Inspect the tree and/or site using advanced techniques as specified in the Scope
of Work.
7. Record results from advanced techniques.
8. Analyze data to determine the likelihood of failure, likelihood of impact, and
consequences of failure to evaluate the degree of risk.
9. Develop mitigation options and estimate residual risk for each option.
10. Recommend a re-assessment interval.
11. Recommend other advanced assessments, if necessary.
12. Prepare and submit a report.
*Items 1-5 may be included in the associated Level 2 assessment.
Procedures and Methodologies Often Used For Level 3 Assessments
Level 3 procedures and methodologies, which are referred to as technologies, may include:
Procedure Methodology
Aerial assessment and evaluation of structural defects in
upper stems and branches
visual observation from within the tree crown or from a lift
unmanned aerial vehicle (UAV) photographic inspection
decay testing of branches
Detailed target analysis
property value of anything potentially impacted by tree failure
use and occupancy statistics
potential disruption of activities such as road blockage or an
electrical outage
Detailed site evaluation
history evaluation
soil profile review to determine root depth
soil mineral and structural testing
Decay and wood analysis
increment boring
drilling with small-diameter bit
resistance-recording drilling
single path sonic (stress) wave
sonic tomography
electrical impedance tomography
radiation (radar, X-ray)
advanced analysis for pathogen identification
Health evaluation tree ring analysis (in temperate zone trees)
shoot length measurement
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Procedure Methodology
detailed health/vigor analysis
starch assessment
Root observation and evaluation
root and root collar excavation
root decay evaluation
ground-penetrating radar
Storm/wind load analysis
detailed assessment of tree exposure and protection
computer-based estimations according to engineering models
wind reaction monitoring over a defined interval
Measuring and assessing the change in trunk lean visual documentation
digital level
Load testing
hand pull
measured static pull
measured tree dynamics
Limitations: Level 3 assessments that include specialized technologies may have
uncertainty and require qualified estimations. Exact measures may not be feasible.
Conclusion
Regardless of the level of assessment conducted, every assessment is limited to the trees
identified in the scope of work, conditions detectable at the time of the assessment, the level of
communication with the owner/client, and other conditions that affect the assessor’s ability to
collect information. Not all defects and conditions are detectable, and not all tree failures can be
predictable. Trees are living organisms, and as such, every tree’s structural conditions change
over time.
Terms for Commercial Consulting Services Page 1
The F.A. Bartlett Tree Expert Company
1290 East Main Street, Stamford, CT 06902 203.323.1131 www.bartlett.com
Terms for Commercial Consulting Services
The F.A. Bartlett Tree Expert Company (“Bartlett Tree Experts”) provides tree-care and related consulting services
to commercial and government clients. The agreed upon “Work” has been expressed in a separate Client Agreement
between Bartlett Tree Experts and the Client, and is identified within the portion of the Client Agreement
communicating the Scope of the Work, the Goals, the Specifications, the Schedule of the Work, and the Payment
Terms. These terms combine with the approved Client Agreement and form the complete agreement between the
parties.
Article 1
TREE RISK
1.1 Tree Risk
(a) The Client acknowledges that having trees on one’s property involves risk, including the risk that a tree or
tree limb might fall. As part of the Work, Bartlett Tree Experts may recognize the risk posed by failure of
trees within the scope of the Work and recommend to the Client ways to reduce that risk, but the Client
acknowledges that Bartlett Tree Experts cannot detect all defects and other conditions that present the risk
of tree failure and cannot predict how all trees will respond to future events and circumstances. Trees can
fail unpredictably, even if no defects or other conditions are apparent. Bartlett Tree Experts will not be
responsible for damages caused by subsequent failure of a tree, or tree part, within or around the scope of
the Work due to defects or other preexisting structural or health conditions.
(b) Unless the Work includes having Bartlett Tree Experts perform a tree risk assessment for designated trees,
the Client acknowledges that in performing the Work Bartlett Tree Experts is not required to conduct a tree
risk assessment and report to the Client on risks to, and risks posed by, trees on or near the Client’s
property.
(c) The Client also acknowledges that because trees are living organisms that change over time, the best
protection against the risk associated with having trees on the Client’s property is for the Client to arrange to
have a qualified tree risk assessment arborist conduct a tree risk assessment in accordance with industry
standards periodically and after each major weather event to identify any defects or other conditions that
present the risk of tree or limb failure and the potential consequences of such failure. Then, once a tree risk
assessment is performed, the Client should review any possible defects or conditions that present the risk of
failure and request recommendations for, and implement, remedial actions to mitigate the risks.
Article 2
THE WORK
2.1 Ownership
The Client states that all trees and other vegetation within the Scope of Work are owned by the Client or that
the Owner has authorized the Client to include them within the Scope of Work.
2.2 Specified Trees or Work
The specific trees, shrubs, plant materials or work described in the Scope of Work or in the Agreement will
be the only trees, shrubs, plant materials, or work included in the scope of the consultative services or Work
performed by Bartlett for the Client.
2.3 Insurance
(a) Bartlett Tree Experts states that it is insured for liability resulting from injury to persons or damage to
property while performing the Work and that its employees are covered under workers’ compensation laws.
(b) The scope of ongoing operations of the Work shall be defined as beginning when the performance on the
site begins and ending when the performance on the site concludes.
2.4 Compliance
Bartlett Tree Experts shall perform the Work competently and in compliance with the law and industry
standards, including the American National Standards Institute’s A-300 Standards for tree care.
2.5 Access Over Roads, Driveways, and Walkways
The Client shall arrange for Bartlett Tree Experts’ representatives, vehicles, and equipment to have access
during working hours to areas where the Work is to be performed. The Client shall keep roads, driveways,
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and walkways in those areas clear during working hours for the passage and parking of vehicles and
equipment. Unless the Client Agreement states otherwise, Bartlett Tree Experts is not required to keep
gates closed for animals or children.
2.6 Personnel
Bartlett Tree Experts will determine and provide the correct Bartlett personnel for completing the Work
based scope of the project, the expertise needed, and the geographic location of the work, in order to meet
the goals of the Client.
2.7 Accuracy of Information Provided By the Client or By Third Parties Acting on Behalf of the Client
(a) The Client acknowledges that Bartlett Tree Experts cannot be held responsible for the accuracy of or
content of information provided by the Client or third parties acting on behalf of the Client, including but not
limited to; the legal description of the property, issues of title and/or ownership of the property, software
programs, property and property line locations and/or boundaries, or other pieces of information provided
which are integral to the final outcome of the consulting Work.
(b) The Client agrees to correct any errors in any such inaccurate information that it or any third party acting on
its behalf, provides Bartlett Tree Experts, once the inaccuracy is known, if such information will be necessary
for Bartlett Tree Experts to base its final analysis, management plans, written reports, information or
recommendations on for the finalization of the Work.
2.8 Information Provided By Reliable Sources
In certain circumstances, Bartlett Tree Experts may need to engage outside reliable sources to provide
specialized information, cost estimates, or opinions. Bartlett Tree Experts will make every effort to engage
reputable and reliable sources, and will communicate the use of these sources to the Client if such sources
are used to help determine an integral part of the Work.
2.9 Tree Locations, Maps, Sketches, and Diagrams
The Client acknowledges that Bartlett Tree Experts may use several means and methods to provide tree
locations on maps, sketches, or drawings, and that the use of tree locations on maps, sketches, diagrams,
and/or in pictures are intended to aid the Client in understanding the deliverables provided, and may not be
to scale and should not be considered precise locations, engineering surveys, or architectural drawings.
2.10 Global Positioning Systems
The Client acknowledges that all global positioning system (GPS) devices used to locate trees, shrubs, and
plant material, have some accuracy limitations, and regardless of the methodologies or software programs
used to enhance the accuracy of the locations, there will always be some level of meter or sub meter
locational discrepancies within any deliverable product.
2.11 Advice, Opinions, Conclusions, and Recommendations
(a) The Client Acknowledges that all advice, opinions, conclusions, and recommendations provided represent
the professional objective opinion(s) of Bartlett Tree Experts; which are in no way predetermined, or biased
toward any particular outcome.
(b) The Client acknowledges that all advice, opinions, conclusions, and recommendations provided verbally or
in written format such as email, management plans, or reports will be based on the present status of the
tree(s), property(s), environmental conditions, and industry standards. Any advice, opinions, conclusions,
and recommendations provided do not take into account any future changes in environmental conditions or
changes to current industry standards which are unknown and unforeseen at the time the Work is
performed.
2.12 Tree Risk Assessments and Inventories
(a) If the Client Agreement is specifically for Bartlett Tree Experts to provide a Level 1 Limited Visual, Level 2
Basic, or Level 3 Advanced assessment of tree risk for any tree or group of trees for the Client in
accordance with industry standards, the Client understands that any risk ratings and recommendations for
mitigating such risks will be based on the observed defects, conditions, and factors at the time of the tree
risk assessment or inventory.
(b) The Client acknowledges that any recommendations made to mitigate risk factors will be made in
accordance with industry best practices and standards, but that the decision to implement the recommended
mitigation or remove the risk factors rests solely with the Client.
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(c) The Client understands that all risk ratings used are intended to assist the Client with understanding the
potential for tree or tree part failure, and are not meant to be used to declare any tree or tree part to be safe
or free from any defect. As such, the Client should not infer that any tree not identified as having an
imminent or probable likelihood of failure, or not identified with a moderate, high, or extreme risk rating, or
not having a condition rating of poor or dead is “safe” or will not fail in any manner.
(d) The Client understands that it is the Client’s responsibility to ensure that the assessed tree or trees are
reassessed periodically, or after any major weather event, in order to ensure that risk rating information is
kept current, and to enter any changes to risk ratings or mitigation measures to the inventory or tracking
system used by the Client.
2.13 Tree or Plant Value Appraisals
(a) The Client acknowledges that tree appraisal is not an exact science. If the Client Agreement is for Bartlett
Tree Experts to provide the Client with an appraisal estimate of cost or value, or estimated tree asset value,
for specified trees or plant materials, the Client understands that those estimates will be based on a
combination of visible conditions at the time of appraisal, information or pictures provided by the Client, local
knowledge, information and/or cost estimates provided by local nurseries or plant wholesalers, information
and/or costs provided by tree care or landscape installation and maintenance companies, industry best
practices, and/or asset value software.
(b) The Client understands that while any such appraisal will be based on one or several accepted industry
methods of appraising plant material values, the appraised values provided may or may not be accepted as
the final value by third parties, or decision makers in disputes over plant values, such as courts, arbitrators,
insurers, or mediation efforts.
2.14 Local and Tree-Related Permits
Unless the Client Agreement states differently, the Client is responsible for obtaining and paying for all
required local or tree related permits required. If the Work stated in the Client Agreement involves Bartlett
Tree Experts submitting for, or assisting the Client in submitting for, any kind of local or tree-related permit,
the Client understands that Bartlett Tree Experts cannot guarantee the successful outcome. If Bartlett Tree
Experts submits a local or tree permit application on behalf of the Client, the Client must provide all
necessary information for Bartlett to make such a submittal, and the Client will be responsible for paying for,
or reimbursing Bartlett Tree Experts for, all fees and expenses related to the application process, regardless
of the outcome.
2.15 Expert Witness and Testimony
The Client acknowledges that unless the Scope of Work in Client Agreement is specifically to perform Expert
Witness services and testimony for the Client, then nothing in the Client Agreement will obligate Bartlett Tree
Experts to perform Expert Witness services or provide expert testimony for or on behalf of the Client.
2.16 Environmental Benefits Analyses
(a) The Client understands that Bartlett Tree Experts may use one or more software, or other programs,
developed by other companies or government agencies, which are designed to help provide estimates on
the environmental benefits of trees, shrubs, or other plant materials if the Work involves providing an
environmental benefit analysis for the Client.
(b) The Client acknowledges that while Bartlett Tree Experts will be responsible for the correct collection and
input of data into any such software or other program used to help estimate environmental benefits of trees,
shrubs, and other plant materials, the determinations of the data made by any such program may vary
based on the method, software, type, year, or version used at any given time. The Client understands that
any such method, software, type, year, or version used is meant to provide a sound, scientific method to
help the Client understand the environmental benefits of the collected data.
2.17 Tree and Property Hazards and Safety Issues
The Client understands that in no way does Bartlett Tree Experts imply, nor should the Client infer that
Bartlett Tree Experts assumes the responsibility for assessing, identifying, reporting, and/or correcting tree
or property hazards or safety issues on or near the Client’s property, or conducting tree risk assessments,
for which the Client Agreement does not specify, during the course of any of its ongoing consultative or other
activities related to this Agreement.
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2.18 Remote Sensing and Tree Canopy Analyses
(a) If the Work requires Bartlett Tree Experts to evaluate aerial imagery to classify land cover classes, classify
random points, or create or manipulate shapefile boundaries, the Client understands that certain factors can
prohibit the accuracy of the final Work product, such as; the availability of imagery, files, and shapefiles for
the property or site from reliable sources, the accuracy and quality of imagery, files, or shapefiles obtained
from reliable sources or provided by the Client, the date of when the imagery, files, or shapefiles were taken
or created, and the ability for a person to visually discern the difference between the pixels of aerial imagery.
(b) If such factors inhibit the accuracy of the Work, Bartlett Tree Experts may choose to conduct visual
analyses, or use other means, to verify or classify points or imagery into the required specifications. If such
alternate methods are used, Bartlett Tree Experts will communicate the use of such methods to the Client in
the final work product. If it is not possible or feasible to use alternative methods, then the Client
acknowledges that the final work product may have some gaps in accuracy.
2.19 Use of Drones and Drone-Related Equipment
(a) If the Work specifies the use of Drones or Drone-related equipment to help collect information, the Client
acknowledges that in some cases the use of Drones and Drone-related equipment can provide detailed
information, imagery, views, and pictures of a tree(s) or property(s); however, in some cases, not all aspects
of a tree(s) or property(s) can be seen or accessed by a Drone. The Client understands that this technology
can be limited and should not be used by the Client as the sole decision-making criteria, but rather one of
many factors used by the Client in the decision-making process.
(b) The Client agrees that other methods of obtaining the required information must be included in the Client
Agreement, and may be required to be utilized, in addition to or separate from the use of Drones or Drone
related equipment in the event that the limitations are too severe to perform the required Work.
2.20 Decay and Wood Analysis Devices
(a) The Client acknowledges that all decay and wood analysis devices have limitations, and the use of any such
device should be used to supplement information regarding the decay or structural deficiencies within a
tree(s), and not as the sole source of information.
(b) If the Work requires the use of a decay or wood analysis device, unless the Client Agreement specifies the
type of device, Bartlett Tree Experts will decide the most appropriate type of decay and/or wood analysis
device to use based on the conditions present and the information needed to supplement and complete the
Work.
(c) The Client acknowledges and understands that the presence of decay or other structural weaknesses, such
as air pockets, voids, cracks, burned wood, or other structural deficiencies, will more than likely lead the
inspecting arborist to the same result with respect to the determination made on the overall structural
integrity of the tree in question based on results from the decay and/or wood analysis device used, so the
presence of any of these items in sufficient quantities will preclude the need to verify the presence of
another, and in many cases it may not even be necessary for the type of device used to distinguish between
the specific types of structural issues for the arborist to make a determination given all other objective
evidence.
2.21 Diagnostic Services
Bartlett Tree Experts may offer diagnostic services as a means of attempting to isolate certain plant pest or
soil problems for the Client, and determining the most logical possibility as to the cause of the condition of
the trees, shrubs, or plants in question. The Client understands that in some cases government quarantines
may prohibit samples from being sent to a diagnostic clinic, and in some cases, determinations on samples
may be inconclusive.
2.22 Tree Preservation, Tree Protection, and Construction and Site Monitoring
(a) If the Work includes Bartlett Tree Experts conducting or providing tree preservation or tree protection
evaluations, tree impact evaluations, recommendations, specifications, and/or documents required by the
governing agency, the Client understands that Bartlett Tree Experts will review the project, materials or plans
that are provided by the Client, combined with industry best practices and current tree conditions, to arrive at the
recommendations and specifications. The Client also understands that trees are living organisms and that even
following all industry best practices and specifications cannot guarantee that a tree will survive construction
impacts, which may include but are not limited to soil compaction, root damage, inadequate soil moisture, and
decrease in tree stability.
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(b) If the Work includes Bartlett Tree Experts conducting or providing tree monitoring during project
construction, the Client understands that Bartlett Tree Experts will review the project, materials, or plans that
are provided by the Client and/or described by the Client representative at the site, and provide
recommendations to the Client to assist with tree preservation or protection, but that the Client will be
responsible for ensuring the implementation of such recommendations by the Client or any third parties.
2.23 Irrigation and Recycled Water Analyses
If the Work requires Bartlett Tree Experts to provide irrigation or recycled water analyses as a means of
aiding the Client with their tree care needs, the analyses will be provided using the best known site
conditions, the best available water quality information, or the best available water quality test results
provided to Bartlett Tree Experts; however, the Client acknowledges that Bartlett Tree Experts cannot
provide information on water source, delivery systems, water chemistry, water quality testing methodology,
or distribution systems.
2.24 Bird, Water Fowl, and Wildlife Habitat Analyses
If the Work requires Bartlett Tree Experts to provide bird, water fowl, and wildlife habitat analyses or
identifications as a means of aiding the Client with their tree care needs and wildlife considerations, the
analyses will be based on known site conditions and available industry bird, waterfowl, and wildlife
management information.
2.25 Endangered or Protected Species and Habitats
(a) If the Work is for Bartlett Tree Experts to identify trees or plant materials that may be endangered or
protected species, or to identify trees or plant materials that may be primary or secondary habitat for
endangered or protected species, or to provide any analysis for a project that may affect any endangered
species or protected species or its habitat, then Bartlett Tree Experts will base all reports and information on
the existence of any known endangered or protected species and known habitats using government
approved endangered or protected species or habitat information.
(b) The Client acknowledges that Bartlett Tree Experts cannot be responsible for identifying unknown
endangered species or habitats.
2.26 Wetland and Riparian Habitat Mapping
The Client understands that if the Work involves wetland or riparian habitat mapping, such maps will require
the Client to provide the tree or plant species considered to be the primary or secondary habitat for the
specific species of animal in question, and such maps will be limited to the species information provided as it
overlays within the known designated wetland areas.
2.27 Representation Services
If the Work involves a member of Bartlett Tree Experts acting as a representative for, or decision-maker for,
the Client, including but not limited to activities such as reviewing, approving or declining tree-related
permits, plants, designs, or selections submitted by third parties, then the Client agrees to be the final
decision-maker in the event of a third party appeal of an adverse decision or recommendation made by
Bartlett Tree Experts with respect to granting or denying a tree related permit, plant, design, or selection
submitted by a third party. The Client also agrees to defend Bartlett Tree Experts against any claims made
by third parties regarding such decisions or recommendations, and represent the decisions and
recommendations of Bartlett Tree Experts, as if such decisions or recommendations were made by the
Client.
2.28 Integrated Pest Management
(a) If the Work includes consultation for integrated pest management services, the Client understands that the
final product may involve recommendations for plant health care treatments that will be tailored to meet the
Client’s needs for specific trees, shrubs, turf areas, or plants. In creating these recommendations, 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 such recommendations 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
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option or options for control of and mitigation of insect and 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 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.
2.29 Plant Species Selection
If the Work involves Bartlett Tree Experts providing advice and guidance on plant species selection to aid
the Client with their landscape site needs, Bartlett Tree Experts will provide the advice and guidance based
on the known site conditions, the available plant species locally at the time, and the plant species
characteristics. The Client will be responsible for the planting and maintenance, and ensuring the survival of
such plant selections in the landscape.
2.30 Trees and Subsidence Analyses
(a) If the Work involves Bartlett Tree Experts providing an analysis of the relationship between certain trees or
tree parts and the subsidence or movement of a building or structure, the Client understands that certain
inferences and assumptions will be made given the location, visibility, soil and drainage conditions, size,
species, and condition of the tree or trees, and other factors, in order to perform the Work in the least
intrusive manner possible.
(b) Bartlett Tree Experts recommends that the Client reviews any tree related report recommendations, prior to
having the work completed, with their structural engineer or other qualified building contractor to help the
client determine any potential adverse impact to the buildings or structures.
2.31 Investigation of Covenants, Easements, Constraints, or Restrictions
The Client is responsible for investigating and identifying to Bartlett Tree Experts any covenants, easements,
constraints, or other restrictions to the title or deed on the property that may adversely impact Bartlett Tree
Experts’ ability to perform the Work.
2.32 Cancellation
If the Client cancels or reduces the Work after the Work has started, the Client shall pay Bartlett Tree
Experts for all the items of the Work that have been completed and all reasonable costs Bartlett Tree
Experts has incurred in preparing to perform the remainder of the Work.
2.33 Payment
The Client shall pay for the Work when the Client receives Bartlett Tree Experts’ invoice for the Work, unless
specific payment terms have been agreed upon by the parties. If any amount remains unpaid 30 days after
the date of the invoice or any period stated in the Client Agreement, whichever is longer, as a service charge
the unpaid amount will accrue interest at the rate of 1.5% per month (or 18% per year) or the maximum rate
permitted by law, whichever is lower. The Client shall reimburse Bartlett Tree Experts for any expenses
(including attorneys’ fees and court costs) it incurs in collecting amounts that the Client owes under the
Client Agreement.
Article 3
TREE CONDITIONS
3.1 Cables, Braces and Tree-Support Systems
(a) The Client acknowledges that cables, braces or tree-support systems are intended to reduce the risk
associated with tree part breakage by providing supplemental support to certain areas within trees and in
some cases by limiting the movement of leaders, limbs, or entire trees, and are intended to mitigate the
potential damage associated with tree part breakage; but that such supplemental support systems cannot
eliminate the risk of breakage or failure to trees or tree parts entirely, and future breakage and damage is
still possible.
Terms for Commercial Consulting Services Page 7
The F.A. Bartlett Tree Expert Company
1290 East Main Street, Stamford, CT 06902 203.323.1131 www.bartlett.com
(b) The Client acknowledges that for cables, braces or tree-support systems to function optimally, the Client
must arrange for them to be inspected and maintained by a qualified arborist periodically and after each
major weather event.
3.2 Lightning Protection Systems
(a) The Client acknowledges that lightning protection systems are intended to direct a portion of the electricity
from a lightning strike down through the system into the ground, and mitigate the potential damage to the
tree from a lightning strike, but that such systems cannot prevent damage to structures, nor can such
systems prevent damage to trees caused by lightning entirely.
(b) The Client acknowledges that for lightning protection systems to function optimally, the Client must arrange
for them to be inspected and maintained by a qualified arborist periodically and after each major weather
event.
3.3 Recreational Features
(a) The Client acknowledges that Bartlett Tree Experts recommends stopping the use of, and removing, any
tree house, ropes course, swing, or other recreational feature attached to a tree. Regardless of the health or
condition of the tree, such features might be unsuited for the intended use or might place unpredictable
forces on the feature or the tree, resulting in failure of the feature or the tree and injury to persons or
damage to property. Bartlett Tree Experts is not responsible for the consequences of use of any such
feature.
(b) The Client acknowledges that if a recommendation is made to mitigate an observed and immediate safety
issue on a tree with any such device or feature attached, such as the removal of a dead, dying, or broken
limb that could fall and injure a person or damage property, the Client should not infer that following the
recommendation and mitigating the immediate safety issue makes the tree in question safe for the use of
the attached device or feature.
3.4 Root Pruning
In the right circumstances, root pruning is a valuable and necessary service, but it might pose a risk to the
health and structural integrity of trees. To limit that risk, Bartlett Tree Experts performs root pruning to
industry standards, but the Client acknowledges that the health and structural integrity of trees within the
Scope of Work might nevertheless be adversely affected by any root pruning performed as part of the Work.
Bartlett Tree Experts shall assist the Client in understanding the risks involved before opting for root pruning,
but the Client will be responsible for deciding to proceed with root pruning.
3.5 Stumps, Stump Grinding, Tree Grates
The Client acknowledges that if any recommendations call for the removal of certain trees, that the
remaining stumps may present tripping hazards, and that it is the Client’s responsibility to remove any such
tripping hazard, whether such hazard is created by the stump, the grindings if the stump is ground down, or
any tree grates that exist.
3.6 Client Trees in Hazardous Condition
If the Client Agreement specifies that one or more trees within the Scope of Work are in hazardous
condition, have an extreme, high or moderate risk rating, or should be removed for safety reasons, the Client
acknowledges that removing those trees would prevent future damage from trees or tree limbs falling. If the
Client requests that one or more of those trees be pruned instead of removed, the Client acknowledges that
although pruning might reduce the immediate risk of limbs falling, it does not preclude the possibility of
future limb, stem, or root failure. Bartlett Tree Experts is not responsible for any such future failure.
3.7 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.
3.8 Trees Planted and Maintained by Other Contractors
The Client acknowledges that if trees within the Scope of 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 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.
Terms for Commercial Consulting Services Page 8
The F.A. Bartlett Tree Expert Company
1290 East Main Street, Stamford, CT 06902 203.323.1131 www.bartlett.com
3.9 Trees with Cones and Large Seed Pods
The Client acknowledges that large tree cones or seedpods on some trees can become dislodged and fall
without notice, creating a hazard to persons or property. If the Client has the type of tree on their property
that produces large, heavy cones or seedpods, and the Client does not wish to remove the tree, Bartlett
Tree Experts recommends that the Client marks off and restricts the area under and near the tree from
pedestrian and vehicle traffic whenever possible, places a warning sign near the tree, remains aware of the
hazardous conditions the falling cones can create, and inspects the tree annually and removes any
observable cones if possible in order to mitigate the potential for damage from falling cones.
3.10 Fire Damage
(a) Regardless of the species, trees exposed to fire can suffer structural damage that goes beyond whatever
external damage might be visible. Fire can cause cracking and brittleness in tree structure and integrity; it
can make pre-existing defects worse; it can make roots less stable; and it can weaken the overall health of
the tree, making it susceptible to disease and pest infestations. The effects of fire damage are unpredictable
and difficult to determine. Bartlett Tree Experts is not responsible for any injury to persons or damage to
property resulting from services performed on fire-damaged trees as part of the Work.
(b) The Client acknowledges that if trees and shrubs on the Client’s property have been exposed to fire, the
Client should have qualified arborist periodically inspect trees and shrubs on the property for fire damage.
Article 4
DISPUTE RESOLUTION
4.1 Arbitration
(a) As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or related
to the Client Agreement or Bartlett Tree Experts’ performance of the Work, a party may demand that the
dispute be resolved by arbitration administered by the American Arbitration Association in accordance with
its commercial arbitration rules, and each party hereby consents to any such dispute being so resolved. Any
arbitration commenced in accordance with this section must be conducted by one arbitrator. Judgment on
any award rendered in any such arbitration may be entered in any court having jurisdiction. The parties also
agree that the issue of whether any such dispute is arbitrable will be decided by an arbitrator, not a court.
(b) The arbitrator must not award punitive damages in excess of compensatory damages. Each party hereby
waives any right to recover any such damages in any arbitration.
4.2 Third Party Liability
The Client acknowledges that the use of any management plans created, reports written, recommendations,
maps, sketches, and conclusions made are for the Client’s use and are not intended to benefit or cause
damage to any third party. Bartlett Tree Experts accepts no responsibility for any damages or losses
suffered by any third party or by the Client as a result of decisions made or actions based upon the use of
reliance of the management plans created, reports written, recommendations, maps, sketches, and
conclusions made by any third party.
4.3 Limitation of Liability
The maximum liability of Bartlett Tree Experts for any losses incurred by the Client arising out of the Client
Agreement or Bartlett Tree Experts’ performance of the Work will be the amount paid by the Client for the
Work, except in the case of negligence or intentional misconduct by Bartlett Tree Experts.
Article 5
MISCELLANEOUS
5.1 Client Responsibilities
(a) The Client is responsible for the maintenance of the Client’s trees, shrubs, and turf and for all decisions as to
whether or not to prune, remove, or conduct other types of tree work on each respective tree, or when to
prune, remove, or conduct other tree work on any respective tree, and all decisions related to the safety of
each respective tree, shrub, and turf area.
(b) Nothing in this Agreement creates an ongoing duty of care for Bartlett Tree Experts to provide safety
maintenance or safety inspections in and around the Client’s property. It is the responsibility of the Client to
ensure the safety of its trees and landscape, and to take appropriate actions to prevent any future tree or
tree part breakage or failures, or otherwise remove any hazardous conditions which may be present or may
develop in the future.
Terms for Commercial Consulting Services Page 9
The F.A. Bartlett Tree Expert Company
1290 East Main Street, Stamford, CT 06902 203.323.1131 www.bartlett.com
5.2 Severability
If any portion of this Client Agreement is found to be unenforceable, then only that portion will be stricken
from the Client Agreement, and the remainder of the Client Agreement will remain enforceable.
5.3 Unrelated Court Proceedings
The Client acknowledges that Bartlett Tree Experts has prepared the Client Agreement solely to help the
Client understand the Scope of Work and the related costs. If a court subpoenas Bartlett Tree Experts’
records regarding, or requires that a Bartlett representative testify about, the Client Agreement or the Work
in connection with any Proceeding to which Bartlett Tree Experts is not a party or in connection with which
Bartlett Tree Experts has not agreed to provide expert testimony, the Client shall pay Bartlett Tree Experts
Two Hundred Dollars ($200.00) per hour for time spent by Bartlett representatives in collecting and
submitting documents for those Proceedings and attending depositions or testifying as part of those
Proceedings.
5.4 Use of Information
The Client acknowledges that the information provided within the Client Agreement and any deliverables
provided is solely for the use of the Client for the intended purpose of helping the Client understand and
manage their tree care needs. All deliverables must be used as a whole, and not separated or used
separately for other purposes.
5.5 Notices
For a notice or other communication under the Client Agreement to be valid, it must be in writing and
delivered (1) by hand, (2) by a national transportation company (with all fees prepaid), or (3) by email. If a
notice or other communication addressed to a party is received after 5:00 p.m. on a business day at the
location specified for that party, or on a day that is not a business day, then the notice will be deemed
received at 9:00 a.m. on the next business day.
5.6 Amendment; Waiver
No amendment of the Client Agreement will be effective unless it is in writing and signed by the parties. No
waiver under the Client Agreement will be effective unless it is in writing and signed by the party granting the
waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.
5.7 Conflicting Terms
If these terms conflict with the rest of the Client Agreement, the rest of the Client Agreement will prevail. If
these terms conflict with any other Client documentation, terms, or purchase order agreement, then the
Client Agreement and these terms will prevail.
5.8 Entire Agreement
The Client Agreement with these terms constitutes the entire understanding between the
parties regarding Bartlett Tree Experts’ performance of the Work and supersedes all other
agreements, whether written or oral, between the parties.