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HomeMy WebLinkAbout2013-408 Contract - Southern Oregon Tree Care Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Southern Oregon Tree Care, LLC ASHLAND CONTACT: Willie Gingg 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 5140, Central Point, OR 97502 Telephone: 541/488-6002 1 Fax: 541/488-5311 TELEPHONE: 541-772-0404 DATE AGREEMENT PREPARED: December 13, 2013 FAX: 541-772-0804 EMAIL: sotreecare.com BEGINNING DATE: January 2, 2014 COMPLETION DATE: February 14, 2014 COMPENSATION: $16,250.00 per bid attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to prune trees in accordance with ITB and Lithia Tree Pruning Removal List attached as Exhibit D. Note: Contractor to coordinate and review specific and individual -pruning requirements for each tree in advance with the Parks Horticulturist: ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded: Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 2796.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,825 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all.employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for Goods and Services Less than $25,000. Revised 06/13/2013, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement.License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority, sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of As an p~ By l^---- By ~ ` - Signature De art ment Head Print Name Print Name 112 6~ 4, r2-// Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject.to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. _ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 12/11/2019 15:20 FAX 1@002 Policy Num r: Date Entered:12/11/201 AC Rye CERTIFICATE OF LIABILITY INSURANCE AMRW"°°~' PHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THU :ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORREC 9EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. MPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION 18 WAIVED, subject u :he terms and conditions of the policy, Certain policies may require an ndorsement. A statement on this certHbete does not confer Opine to the mil/lwte holder In lieu of such endorsements . DOUCHR CONTACT Jsmea A Hatton Insurance Agency PIIAMS, ANE FAX 21 Hawthorne t= Nc .(541)773-3413 .(541)776-7514 Medford, Or 97504 E p Jimhatton@.7lmhattcn. cam INSURERS AFFORDING COVERAOE NAIL 5 INSURERA:Earmero in Doe Hxchange LRED Southern Oregon Tres Care, LLC IHSURrUte:Cantury Surety Willis Gingg INSURER C:BP 90 Box 5493 INSURER D: Central Point, OR 97502 INSURER E: INSURER Fe )VERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW H E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOE NOICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ;ERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORD D BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS NCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE EEN REDUCED BY PAID CLAIMS. R TYPE OF ROURANC[ POLICY NUMBER POLICY FF PO LaeTS OaNERAL LLteIU TY EACH DCCURRO4CE 51000000 COMMERCIAL GENERAL UABIUry CCP756872 /9/2013 /9/2014 Es Ea n 575000 CLAIMS-MADE ® OCCUR MED EXP M one n 55000 PERSONAL S ADVINJURY 51000000 • GENERAL AOOREOATE $1000000 GEML AGGREGATE LEAR APPLIES PER: PRODUCTS-COMP/OPAGO 53000000 POLICY PR LQC 5 AUTOMOe1LE D19WTY L LI 1000000 ANYAUTO 034940094 /5/2013 /5/2014 EOgLY INJURY IF& permn) Is ALLOWNED SCHEDULED AUTO$ AUTOS BODILY INIURY (Pa arod.) 5 HIRED AUTOS AUTOS NON-OWNED P DAMAGE 5 PROPERTN 5 UMBRELLA UAB OCCUR EXCESS LIAR EACH OCCURRENCE 5 Z11:MAOE EXCESS AGGREGATE 5 DED RETENTION 5 WORKERS COMPFTBAMON WC OTH- AND EMPLOYERS' LIABILITY Y / N ANV PROP RIEfORIPARTNE WEXECUNVE 5500000 , EAC H ACCDENT UFFIGERIMEMEER EXCUDEO? a N/A 990287AR /5/5019 /5/2014 rELL (M4ROetary In Nln DISEA$EEA EMOYEE 50000 ° D'TIONS bel00000 DISEASE -POLICY LIMIT 5 SCRIPIION OP OPERAnONe / LOCATIONS / VEHICLES (Ails., ACORO 101, Adatioml Rowdrt' BSA uN, If mac pea la npWrR01 _RTIFICATE HOLDER ANCELLATION Ashland Parke and Roe. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 340 9 Pioneer Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, Or 97520 Office 541-468-5340 UTHORDED REPREMERYATWE ®1988-2010 ACORD CORPORATION. All rights reserve( :ORD 25 (2010/OS) The ACORD name and logo are eglsterad marks of ACORD It. . x~G~~ SOUTHERN OREGON TREE CARE, LLc Estimate P.O. Box 5140 Estimate No: 1179 Central Point, OR 97502 Date: Dec 10, 2013 541-772-0404 Fax: 541-772-0804 www.sotreecare.com For: City of Ashland Description Amount Jan/ Feb 2014 Lithia park bid as per walk through and list $13,500.0 Remove large Douglas-fir near upper duck pond- haul brush, leave wood (item 21) $2,300.00 Grind, large Douglas fir stump no clean up We will not be responsible for any underground $450.0 installations such as pipes, wires, septic tanks although reasonable care will betaken to avoid damage Teas: I Total $16,250.00 Payment is due upon completion of work unless prior I arrangements have been made. Payment will be considered past due if not paid within 14 days at which time a 10% penalty will be assessed. A 10 percent penalty will be compounded every 30 days thereafter until the debt is settled in full. I I i i Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, OR. 97520 Phone (541) 488-5340 Fax (541) 488-5314 INVITATION TO BID SPECIFICATIONS & BID FORM for LITHIA PARK TREE PRUNING & REMOVAL 2014 Instruction to Vendors Pg. 2-3 Specifications Pg. 4-6 Bid Form Pg. 7-8 Tree List Pg. 9 Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, OR 97520 Phone (541) 488-5340 Fax (541) 488-5314 Instruction to Vendors A. Deadline for Submitting Bids Bids addressed to the Ashland Parks and Recreation Department will be received at the Department Office in upper Lithia Park, 340 S. Pioneer Street, Ashland, Oregon 97520 until: 1:00 p.m. Tuesday, December 10, 2013 Bids may be delivered via mail, fax or in person. A contract for the work will be awarded within 15 working days after the deadline for receiving bids. B. Site Orientation Meeting: 1:00 p.m., Tuesday, November 19, 2013 I C. Bid Form i All bids must be made upon business letterhead and should give the price for the work I both in legible figures. The form must be signed and acknowledged by the vendor in accordance with directions in the bid form. The legal status of the vendor must be ! stated in the proposal. A corporation vendor must name the state in which its articles of incorporation are held; a partnership must give the full names and addresses of all i partners. Please keep the original specification portion of form for your records. D. Examination of Plans. Specifications and Work Site It is understood that the vendor, before submitting a bid, has made a careful examination of the plans, specifications and contract form; is fully informed as to the quality and quantity of materials and the character of the work required; that the vendor has attended the required "Site Orientation Meeting" and walk through. The Department will in no case be responsible for any loss or for vendor's failure to acquire full information in advance in regard to all conditions pertaining to the work. PROPOSAL AND SPECIFICATIONS j PAGE 2 Tree Pruning in Lithia Park 1 2/12/2013 E. Bid Acceptance or Rejection The Ashland Parks and Recreation Department reserves the right to accept or reject any or all bids deemed in its best interest. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected. The acceptance of the bid will be a notice in writing signed by a duly authorized representative of the Department. The acceptance of the bid shall bind the successful vendor to execute a contract and to be responsible for liquidated damages as provided or execution of contract and damages for failure to execute. j The rights and obligations provided for in the contract shall become effective and upon the parties only within its formal execution by the Department Director or his delegated representative. F. Time Frame The vendor shall receive a notice to proceed and commence no earlier than January 2, 2014. G. References and Qualifications The vendor is required to submit proof of International Society of Arboriculture certification. The vendor is required to submit a city business license from the City of Ashland. The vendor is required to submit proof of auto insurance. Additionally, all vendors who have not previously performed pruning work for Ashland I Parks & Rec. Dept. shall submit a list containing a minimum of three (3) former job sites where work was performed within the last two (2) years within the Medford-Ashland area that can be visually inspected by the Department. Both the reference list and work list shall be attached to the proposal at the time it is submitted. PROPOSAL AND SPECIFICATIONS !PAGE 3 Tree Pruning in Lithia Park 12/12/2013 Specifications and Tree List A. Scope of Work To perform professional, skilled work in the pruning of trees in Lithia Park. B. Pruning Goals 1. Lightening of limbs to prevent storm damage. 2. Structural pruning to eliminate weak branch unions. 3. Elimination of deadwood and stubs, cutting outside the woundwood tissue that has formed around the branch. 4. Thinning to give better light penetration and air circulation. 5. Structural pruning to reduce the risk of branch or trunk failure. 6. Reduce end weight on heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3 inches near the ends of the scaffolds. 7. Interior branches shall not be stripped out. 8. Pruning cuts larger than 4 inches in diameter, except for dead wood, shall be avoided. 9. While in the tree, the arborist shall perform an aerial inspection to identify defect - that require treatment. Any additional work needed shall be reported to the Park Landscape Division Manager. 10. The Contractor shall refrain from the practice of "free falling" the trees. All trees shall be limbed out prior to the final cutting of the trunk. Sidewalks, curbs, streets and manhole structures shall always be protected from the impact of falling wood by use of the tree or limb ground supports. Ropes or other mechanical devices shall be used to lower all limbs of sufficient size that may cause damage to other trees or surrounding public or private property. C. Inspection and Approval Inspection of vendor's work shall be done by the Park Horticulturist. Periodic inspections will be made by the Park Horticulturist to determine that the quality of work is proceeding according to specifications. D. Safety and Protection Vendor will insure that safe equipment and working practices will be used throughout the project. Special care will be exercised to protect the public. A grounds person will be required for all work unless an exception is made by the Park Horticulturist. Vendor shall protect all sidewalks, landscaping, and buildings in the work area from damage. Safety Standards should be in accordance with the American National Standard Tree Care operations (ANSI A300-1995 available for reference in the Department office). PROPOSAL AND SPECIFICATIONS PAGE 4 Tree Pruning in Lithia Park 12112/2013 I . i E. Clean Up and Stump Grinding All other debris from tree trimming and tree removal shall be cleaned up each day before the work crew leaves the site unless given permission by the Lithia Park Crew to do otherwise. All lawn areas shall be raked, all streets and sidewalks swept, and all brush, branches, and logs shall be removed from the site. Areas are to be left in a condition equal to that which existed prior to the commencement of arboriculture operations. Stump grindings shall be removed from site with forty-eight (48) hours from completion of actual grinding operation unless instructed to do otherwise by City. Protection of turf and existing tree roots from stump grinding equipment shall be achieved with use of plywood or pads. All exposed portions of the stump shall be ground to a depth of 20 inches below the average surrounding grade unless noted otherwise. Surface roots shall be ground to a depth of 6 inches unless noted otherwise. All portions of stump growing over sidewalk, curb or driveway shall be manually removed to avoid damage to these structures from machinery and to prevent a trip hazard to the public. All debris and any cut roots shall be removed from site prior to backfilling hole. Stump holes shall be backfilled with stump grindings to 2-4 inches above the average surrounding grade allowing for settling. Excess grindings shall be removed from site within 48 hours from completion of stump grinding. Property owner shall remove grindings from site within 7 calendar days. Stump Grinding operations shall be accomplished with equipment and methods acceptable in normal arboricultural operations in accordance with ANSI Z133.1 especially section 6.5 Stump Grinding. F. Other Specifications 1. All pruning shall be done in accordance with the Tree-Pruning Guidelines of the Western Chapter of the International Society of Arboriculture (a copy on file at Ashland Parks and Recreation Department)., and /or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI Z133.1. 2. Trees to be pruned must be climbed without the use of spurs unless permission has been obtained from the Park Horticulturist. 3. If the contract exceeds $15,964, then the contractor must meet the City of Ashland Living Wage Requirement of $14.19 per hour. 4. Lifts and bucket trucks may be operated only on paved areas. 5. Tree root systems must be protected during all phases of services. All tree protection and related work shall be in accordance with the Tree Preservation and Protection Standards. Contractor's Insurance and Indemnity All persons performing work must be covered by Contractor's insurance and indemnity plan. Contractor shall, at Contractor's own expense, at all times during the term of this agreement, maintain in force a comprehensive or commercial general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, Owner's and i PROPOSAL AND SPECIFICATIONS I PAGE 5 Tree Pruning in Lifhia Park 12/12/2013 i Contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000.00 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000.00 per occurrence for bodily injury and $100,000.00 per occurrence for property damage. Liability coverage shall be provided on an occurrence not claims basis. The Ashland Parks and Recreation Department, its officers, employees and agents shall be named as additional insured. Certificates of insurance acceptable to the Ashland Parks and Recreation Department shall be filed with the Department prior to the commencement of any services by Contractor under this agreement. These certificates shall contain provision that coverage afforded under the policies cannot be canceled and restrictive modifications cannot be made until at least thirty (30) days prior written notice has been given to the Department. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. The Contractor, its Sub-contractors, if any, and all employers providing work, labor, or materials under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with O.R.S. 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon Law for all their subject works. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000.00 each accident. Contractors who perform the work without the assistance or labor of any employee need not obtain such coverage. Insurance carried by Contractor under this Contract shall be the primary coverage, and the Ashland Parks and Recreation Department's insurance is excess and solely for damages or losses for which the City is responsible. Contractor agrees to defend, indemnify and save Ashland Parks and Recreation Department, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subornation, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Contractor (including, but not limited to, Contractor's employees, agents, and other designated by Contractor to perform work or services attendant to this agreement). Contractor shall not be held responsible for damages caused by the negligence of the Ashland Parks and Recreation Department. The Contractor agrees that Contractor will be solely responsible for any damage or trespass to or upon adjacent property or injury thereto, resulting from or in connection with Contractor's operation, and that Contractor will defend, indemnify and hold the Department harmless from any claim, liability or obligation arising from such entry or trespass. PROPOSAL AND SPECIFICATIONS PAGE 6 Tree Pruning in Lithia Park 12/12/2013 BID FORM Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, OR 97520 Phone (541) 488-5340 Fax (541) 488-5314 RE: Tree Pruning for Ashland Parks & Rec. The undersigned vendor declares that plans and specifications have been examined, the site(s) have been visited, and such investigation has been made as is necessary to determine the character of the materials and the conditions to be encountered in the work, and that if this price quotation is accepted, the undersigned vendor will contract with the Ashland Parks and Recreation Department for the work involved and will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with plans and specifications on file at the Department office under the following conditions: 1. It is understood that all work will be performed for a lump sum price and that for said lump sum price all services, materials, labor, equipment, and work necessary to complete the project in accordance with the specifications shall be furnished. If there is an increase in the amount of work to be covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will be earned; and, if there is a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Department. Furthermore, it is understood that any estimate with respect to time, materials, equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the Ashland Parks and Recreation Department, any Department employee, or any other person, firm, or corporation responsible for any errors or omissions that may appear in any estimate. 2. In addition to the proposal form, the vendor shall submit the following items: 1. Proof of International Society of Arboriculture Certification. 2. Three (3) references as stated in the "Instruction to Vendors". (if required-see p.3) 3. Three (3) jobs as stated in the "Instruction to Vendors".(if required-see p.3) 4. Proof of Contractor's and/or Landscape Contractor's license. 5. Proof of insurance needs to be on file before work commences. PROPOSAL AND SPECIFICATIONS PAGE 7 Tree Pruning in Lithia Park 12/,12/2013 3. The vendor shall commence the work after receiving a notice to proceed, no earlier than January 2, 2014 4. The Ashland Parks and Recreation Department reserves the right to accept or reject any or all proposals deemed in its best interest. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected. 5. Bid form amount for pruning per specifications for Ashland Parks& Rec.: Please attach Bid estimates for 2014 Lithia Park Contracted Pruning on a Letterhead from your business by 1:00, p.m. Tuesday, December 9, 2013 j I i i i I i i I PROPOSAL AND SPECIFICATIONS PAGE 8 Tree Pruning in Lithia Park 12/12/2013 Exhibit B Lithia Tree Pruning/Removal List 2014 Species Location Scope of Work 1 Cal. Black Oak(2 stems) SW of Office pk.lot Deadwood over area mainly from left (no Quercus kelloggii stem) Cal. Blk. Oak Removal: Top is dead, no canopy just 2. Quercus kelloggii S. of #1 epicormic shoots. Leave 8' for habitat snag 3 Northern Red Oak N. of Cotton Pk. Lot Deadwood Quercusrubra Ca. Blk Oak E. of Cotton Pk 4. Quercus kelloggii Lot/island bed Deadwood Large dead limb 5 Big Leaf Maple N. of Cotton picnic are Deadwood over path Acer macrophyllum 6 Ca. Blk. Oak N. Path from Cotton Deadwood over path Quercus kelloggii picnic Ca.Blk. Oak S. of Shuffleboard Cour (2 stems) Deadwood over paths & hangers Quercus kelloggii $ Ca. Blk. Oak S. of Cotton Deadwood over path & Granite St. Quercus kelloggii Restroom/Granite St. 9 Big Leaf Maple Lions Bridge to Cotton Large limb dieback over path Acermacrophyllum Pk. Lot Oregon Ash (2 stems) End wt. reduction over path through lawn. 11. Fraxinus latifolia Top of Park Deadwood and epicormic shoot reduction. Clearance for light/lamp. 12. Ash spp. Top of Park Removal: Dead/cut Stump low 13. Black Oak (multi stemmed) Top of Park Central stem has large deadwood near Quercus kelloggii upper bench Species Location Scope of Work 14. White Alder Top of Park Deadwood over creekside bench Alnus rhombifolia 15. Madrone E. side creek across Deadwood over trail Arbutus menziesii from footbridge Check integrity of cables and limbs over Incense Cedar parking spaces, plus major deadwood 16. Calocedrus decurrens Shop Parking Lot Callery Pear 16a. Pyrus calleryana (6) Shop Parking lot End wt., tip prune I I 17 Big Leaf Maple UDP turnaround south Deadwood over parking and path between Acer macrophyllum side parking lots(Entire Tree) 18 Ca. Black Oak Zoo Area/Brinkworth Deadwood Quercus kelloggii i Ca. Black Oak 19. Quercus kelloggii Zoo Lawn Deadwood i Big Leaf Maple Upper Duck Pond 20. Acer macrophyllum Turnaround (Creekside) Deadwood over parking i Douglas Fir Bid separately for removal + stump 21. Psuedotsuga menziesii Upper Duck Pond grinding dbh 22 Ca. Black Oak Tennis Ct. Large dead limb over court (Left fork) Quercus kelloggii I 23 Ca. Black Oak Volley ball court Deadwood Quercus kellogii 24 Big Leaf Maple North path from Deadwood (3 limbs) Acermacrophyllum Tennis courts 25 Big Leaf Maple Across path from #24 Deadwood & Inspection Acer macrophyllum 26 Big Leaf Maple Chet Corry north end Deadwood Acermacrophyllum Species Location Scope of Work 27 European Birch (2) Bandshell lawn Select out shoots, deadwood Betula endula 28 Northern Red Oak (3) . Bandshell Lawn edge deadwood/hangers (3 stems) uercus rubra 29 Sycamore Lower Sycamore West side, Row #2:Deadwoodof 15C tree Psuedo latanusxaceri olia Grove North Sycamore Lower Sycamore Hanger over handicap space lower lawn Grove 1 30. Sycamore Lower Sycamore West side, Row 1 from path,3 Id from parking Psuedoplatanusxacerifolia Grove lot: Deadwood Ponderosa Pine Dead tree, leave 1211. for wildlife snag. 31. Pinus ponderosa N of Bottling Plant trai Leave wood lie appropriately 32 Madrone snag Arbutus menziesii Hillside above Old Shop Piece down dead top. Leave wood on hillside 33. White Alder North of Old Shop Removal: dead. Leave stump Alnus rhombifolia 34. Big Leaf Maple Across fromPlayground Reduce limb end weight over path. Check Acer macrophyllum baby swings decay 35. Fremont Cottonwood playground creekside Remove deadwood Populus fremontii 36. Ca. Black Oak N. of Playgr. Shed Piece out remaining stem:protect rock wall Quercus macrophyllum from damage. Leave stump. 37 Big Leaf Maple N. of Playgr. Shed Dead lower limb, prune damaged limb Acer macrophyllum 38 Black Oak Wading area Thoroughly remove all deadwood Quercus kelloggii throughout tree 39. Big Leaf Maple West F.O.W. Lawn Prune out deadwood over path + dead snag Acer macrophyllum on BLM to the West 40. Big Leaf Maple Atkinson Bridge Removal Acer macro h llum 41. Big Leaf Maple Atkinson Bridge North Deadwood over wading area Acer macro h llum side 42 Big Leaf Maples (2) Winburn Way across Prune dead limbs out over sidewalk area an Acer macro h llum from wading area wading area 43. Black Walnut Across from Cafe on Juglans nigra Winburn Way Raise canopy for Street clearance 44. Sweetgum Rose Garden Tip/End weight reduction/ sucker removal Liquidambar styraciflua Species Location Scope of Work 45. Hybrid Maple Sign #75(S. of Perozzi Remove broken limbs & hangers Ftn.) ' Port Orford Cedar Removal: Due to phytophthora 46. Chamaecyparis lawsoniana Across street from lateralis(root disease) dbh Bandshell Restroom Cut stump low Sycamore Upper Sycamore 1st row by path, 4th from N end 47. Psuedoplatanusx acerifolia Grove Large deadwood Sycamore Upper Sycamore 48. Psuedoplatanus x acerifolia Grove 2nd from top row #4 from N side: Deadwood 49. Sycamore Upper Sycamore Top Row #1 from N side:Deadwood Psuedoplatanusxacerifolia Grove 5o. Sycamore Upper Sycamore 4th Rowfrom path, 3rd from N side: Removal Psuedoplatanusx acerifolia Grove plus stump grind Sycamore 51. Psuedoplatanusx acerifolia Upper Sycamore 4th Row from top, #3 from N. side: Removal dbh Grove plus stump grind Sycamore Upper Sycamore 4th Row, 44 from N. side: Removal plus 52. Psuedoplatanusx acerifolia Grove stump grind dbh 53. Sycamore Upper Sycamore . Last S. Row-3rd up: Deadwood Psuedoplatanusxacerifolia Grove 54. Tulip Poplar S. of Upper Syc. Grove Deadwood Liriodendron tulipifera 55. Doug Fir S. or Upper Syc. Grove Deadwood over picnic bench & garbage can Psuedotsuga menziesii I 12/11/2019 15:20 FAX 12004 i Cj 9 6 F. z cI W N vLL a bz ~m as W Q a Q) O C L C Fm Bz ~ s a L ~n{ U W i 12/11/2019 15:20 FA% Q1009 N m • m ti D d Morn m O m DXx r C z ~az m O co o 'z" z ~y fO z y 0 n m n fTl 2 .b D n o go O m a ~ D m oo z (4) 0 g x2 D T 1'~ ti o zZ r mQ R v~( o am V 'Q F _ _ _ Page 1 / 1 ' CITY R. . L_ Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 12/23/2013 00313 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 003346 SHIP TO: SOUTHERN OREGON TREE CARE PO BOX 5140 CENTRAL POINT, OR 97502 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Anne Thayer Special Inst: Confirming? No Quantity ' Unit Description Unit Price Ext. Price Lithia Park Pruninq (54 Trees) 16,250.00 Contract for Goods and Services Beqinninq date: January 2, 2014 Completion date: February 14, 2014 SUBTOTAL 16 250.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 16,250.00 Account Number .'Project Number Amount -Account Number, :...;.Project Number Amount. E 211.12.02.06.60410! i 16 250.00 Autho ed Sionature VENDOR COPY ro%m#3 CITY OF t.;t~?,as~ ,.~,t ASHLAND REQUISITION Date of request: 0, 13 Required date for delivery: Vendor Name ou"e ©ree, Address, City, State, zip P.O. Bic 5 i4 ~iimj {~Din.l- C:/2 C/ 750 I Contact Name 8 Telephone Number Fax Number w I i li f. (4i rl ffl 5q/ - 77, 2. 0-/D~y rac'y/ , 77.7" 030rf I SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Wdffen quote(s) or proposal(s) ❑ State of Washington # Intermediate Procurement ❑ Sole Source Contract GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 f541 Written quote or proposal attached Agency E~k (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75.000 El Form #9, Request for Approval E] Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost h l`wv11iL. Paf~ forun f J 5y Trees $ '25a. od Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST lp Per attached quotelproposal $ Project Number Account Number f(ol a50-r)c7 AccountNumberaj) AccountNumber___-__-__•__-______ `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes /No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than 125,000) Funds appropriated for current fiscal year. 6 / NO y `72J Finance ireCtor- (Equal to orgreat than $5,000) Date Comments: i Form 93 - Requisition