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HomeMy WebLinkAbout2014-013 Contract - Bartlett Tree Service Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Bartlett Tree Service ASHLAND CONTACT: Mike Bartlett 20 East Main Street Ashland, Oregon 97520 - ADDRESS: 2288 Old Stage Road, Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-6067, 541-601-6780 DATE AGREEMENT PREPARED: January 23, 2014 FAX: BEGINNING DATE: January 28, 2014 COMPLETION DATE: February 27, 2014 COMPENSATION: $4,750.00 per bid attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Tree pruning and clean up per ITB attached as Exhibit D. Site locations: Upper Lithia, Libert/TID Trail Easement 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 2796.220, 2796.225, 279B.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: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 l i 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 intent not to renew the insurance coves e s without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 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. Nonappropriations 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 Ashl By By - F Signature Department Head //h"E i3R~'nFT- ~o~. ICe2rerhY~ ' tint Name Print Name lip 6zT%ow ~~23fly - 'Title Date W-9 One copy of a W-9 is to be submitted with ~0 O the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 0613/2013, 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. ZOI`-I Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 ..god'~- "Leaf it to us" a l BARnETT (541) 779-6067 or (541) 601-6780 TREE SERVICE LLC Certified Arborists on staff Licensed • Bonded • Insured I CCB# 200490 Date: Jan Zc7l~I O INVOICE ESTIMATE ❑ RECEIPT Customer: OUAN. DESCRIPTION AMOUNT r ' 1 C1 2# o n Qom' Re J( m J t h1ajP o i I 61)0% gal M a 0, -~fa 92 tfr6 I le 40. ° o (eA r3 F)AJ fo r ejoed- C; t! if W4 o u - #-l- rv kfd 6tjej 9 m Z d 60 aA-d -"f LIZ rJ?rojLej 189 n 674e rAank `yoU. Your Business is Appreciated. TOTAL Client Signature . "Leaf it to us" BARnETT (541) 779-6067 or(541)601-6780 TREE SERVICE LLC Certified Arborists on staff Licensed • Bonded • Insured I~ 51f-~.3j01 CCB#200490 Date: 3r,(\ - 17 2P71❑ INVOICE `$IESTIMATE O RECEIPT ~f I ! 1 ~ • 1 Customer: /~1~0. 0.%Yta~! Per- f~ KarL.~ pocks -i Cs.~ y oD U NF 14R 7 QCt.c~ AS~lu~d OIZ X7.5?A n~- LLS'~~~t`I ./OUAN. rr - ~(-b DESCRIPTION AMOUNT / n+ 41q& r-wn'14, 1-1 7 , C-,,tNnd n Il r f' T h b~ ~nofcf tic- M/) )v LJO b P lZ .5- Tree, ro i 'rte Coo red : f b de o ( ;a AfkD u n ilSo°~ }'rc i e¢ a ( lop tIaL red Cut ~~Gi'~ I n e 1 u. f -Ln I r r y l a c-na I 1 As F -4 - o S' 4 46 k pr( k s+a.K J-C - Dun I /cm; ru ' e r 124 6hfkS a CI `thank you. Your Business is Appreciated. TOTAL X~ Client Signature - :C Certified Arborists on staff Licensed • Bonded • Insured 3 CCB# 200490 ❑ INVOICE O ESTIMATE O RECEIPT DESCRIPTION AMOUNT aR) : is l~ c-., bIo. jowt\ 4C V• ( U I)# . oil A l- rAO n l i d 1Om tZ .rQ Mq~of -F -~-f 2 J r n l o ' O 1 1 C^ r 5e n+ o ( uJtf c~`,~'~ <<e %J { ra 4 c. P "Leaf it to us" x BARnETT (541) 779-6067 or (541) 601-6780 TREE SERVICE LLC Certified Arborists on staff Licensed • Bonded • Insured I X11-I,q. 3301 CCB# 200490 a Date: 3e r 17 zip I O INVOICE X ESTIMATE O RECEIPT Custom--e77r.((,~~00, lZia%( 2 e- hJ31 A gck5 -i acs 1 y e~ U ' Q o c7 `7L/ S- C i on e PT A54~~~d orz Y7s7.o ~Q 9 - ,I rr.~Tq-C CLAN. t~t l sr DESCRIPTION AMOUNT #L k 1 r m,, l Eid e"' ;fl ~a T- It H loq ~oolcf u(2 M.1) .5 T W ?i s fi L-) - Tre ro o CQu wed ; r ~ Z - ~ bo T(I ),-I Po( A5 do o ( ; o&'11 rc -Free,, a ( ie FO -1o rr)exnAn-'.n R u! U' 4(+--) I n e ( e- I be 'I a cna l 1 al,s nnai f o -4 In a o; I f o s' ~ 40 )0e ' k e,-( p k +4 # J-~ - ay 47 4-PprIdorgo P.' rvl~ 0111 @- / J fU I Q ( Q l c. X d b C,+ thOSh fc,a,fd- C, 6 3n ~r 6 d' 3' I? qhQ71k you. Your Business is Appreciated. TOTAL ( A X~ SC 3 Client Signature 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 PROPOSAL AND SPECIFICATIONS PAGE 1 Tree Pruning in Lithia Park 1/14/2014 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. Monday, January 20, 2014 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: 11:00 a.m., Thursday, January 16, 2014 C. Bid Form All bids must be made upon business letterhead and should give the price for the work 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 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 PAGE 2 Tree Pruning in Lithia Park 1/14/2014 I E. Bid Acceptance or Resection 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. 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 22, 2014. All pruning at the Lithia covered reservoir must be finished no later than January 31. 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 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 1/1412014 Specifications and Tree List A. Scope of Work To perform professional, skilled work in the pruning of trees in Lithia Park and Ashland Park properties. 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 that! 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 1/14/2014 E. Clean Up and Stump Grindinq 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 PROPOSAL AND SPECIFICATIONS PAGE 5 Tree Pruning in Lithia Park 1/14/2014 general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, Owner's and 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 1/1412014 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. II. Three (3) references as stated in the "Instruction to Vendors". (if required-see p.3) III. Three (3) jobs as stated in the "Instruction to Vendors".(if required-see p.3) IV. Proof of Contractor's and/or Landscape Contractor's license. V. Proof of insurance needs to be on file before work commences. PROPOSAL AND SPECIFICATIONS PAGE 7 Tree Pruning in Lithia Park 1/14/2014 3. The vendor shall commence the work after receiving a notice to proceed, no earlier than January 22, 2014 4. The AshlandParks 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. Monday, January 20, 2013 APRD Pruning Contract 2014 Upper Lithia, Liberty/TID Trail Easement PROPOSAL AND SPECIFICATIONS PAGE 8 Tree Pruning in Lithia Park 1/14/2014 1. Alder Across from 440 Granite Street Removal Property-top of park (Must schedule with Anne/Wes date for property access) Wood to be picked up by APRD staff to deliver to JCFC 2. Big Leaf Maple Covered Reservoir Upper Lithia Prune limbs away from structure North End 3. Big Leaf Maple Covered Reservoir Upper Lithia Prune limbs away from structure North End 4. Black Oak West Side Covered Res. Prune limbs away from structure 5, Oregon Ash West side covered Res. Prune limbs away from structure 6. Big Leaf Maple creek side covered res. Prune limbs away from structure 7. Ponderosa Pine Trail side Lithia Hillside- Removal: Leave 30' as wildlife Access from Glenview Dr. snag. Pile limbs in burning pile Leave wood lie away from trails 8. Black Oak TID at Liberty trailhead Removal: Leave wood on site in 23" dbh Rounds for JCFC pickup 9. Black Oak TID at Liberty trailhead With ivy and lean. Deadwood 10. Douglas fir Liberty Trailhead Dead wood over paths 11. Black Oak Liberty trail Deadwood 12. Madrone Liberty trail Removal: 90% dead. Leave wood on 20" dbh Leave wood on hillside PROPOSAL AND SPECIFICATIONS PAGE 9 Tree Pruning in Lithe Park 1/14/2014 APRD Pruning Contract 2014 Upper Lithia, Liberty/TID Trail Easement 1. Alder Across from 440 Granite Street Property-top of park Removal Must schedule with Anne/Wes date for property access. Wood to be picked up by APRD staff to deliver to JCFC 2. Big Leaf Maple Covered Reservoir Upper Lithia . Prune limbs away from structure North End 3. Big Leaf Maple Covered Reservoir Upper Lithia Prune limbs away from structure North End 4. Black Oak West Side Covered Res. Prune limbs away from structure 5, Oregon Ash West side covered Res. Prune limbs away from structure 6. Big Leaf Maple creek side covered res. Prune limbs away from structure 7. Ponderosa Pine Trail side Lithia Hillside- Removal: Leave 30' as wildlife Access from Glenview Dr. snag. Pile limbs in burning pile Leave wood lie away from trails 8. Black Oak TID at Liberty trailhead Removal: Leave wood on site in 23" dbh Rounds for JCFC pickup 9. Black Oak TID at Liberty trailhead With ivy and lean. Deadwood 10. Douglas fir Liberty Trailhead Dead wood over paths 11. Black Oak Liberty trail Deadwood 12. Madrone Liberty trail Removal: 90% dead. Leave wood on 20" dbh Leave wood on hillside Note: # 1-6 Has a specific due date January 31, 2014 *****Note: #8-12 Provide in bid cost of leaving debris safely in piles along the trail vs. hauling debris out to trailhead for pickup/chipping. Qf 4 Y RECOFIEDER ® GATE (MMIDD/YYYYJ CERTIFICATE OF LIABILITY INSURANCE 12/5/2D13 THIS CERTIFICATE.IS ISSUE[) AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). NAMACT pyyl Breazeale PRODUCER CON Brown & Brown Northwest PNDNE (541)494-2655 FAX .(541)194-2755 3256 Hillcrest Park Drive no"IEsG:pam,breazeale®beechercarlson.com INSURERS AFFORDING COVERAGE NAICN Medford OR 97504 INSURER A'American Fire & Casualty Co 4066 INSURED - INSURER B: Bartlett Tree Service LLC INSURER C: 2288 Old Stage Road INSURER D: INSURER E Central Point OR 97502 INSURER F: COVERAGES CERTIFICATE NUMBER:13-14 GL BA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS-, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SU~B~Rl POLICYEFF POLICY UP LIMITS LTR TYPE OFINSURANCE POLICY NUMBER MWDDfIY MMIDD YY GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 X. COMMERCIAL GENERALLIABIUTY R MI E o nende $ 1,000,000 A CWIAS-MADE OCCUR X RA54106717 2/21/2013 2/21/2014 MEDEXP( meporson) $ 15,000 PERSONAL H ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 X POLICY PR0. LOD - S AUTOMOBILE UABILITY aaCeiCE01D11 IN LE LIMIT 11000,000 ANY AUTO _ BODILY INJURY (Par person) $ A ALL OWNED X SCHEDULED J 54106717 2/21/2013 2/21/2014 BODILY INJURY (Per artldent) S AUTOS AUTOS OWNED OPERTY DAMAGE S X HIRED AUTOS X AUTOS - Per arrJdenU Medial amens 5 5 000 UMBRELLAUAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CWMS-MADE AGGREGATE' 3 OED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNEIVEXECUTIVE" NIA E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ It yea. deserted under E.L. DISEASE POLICY LIMIT S DESCRIPTION OF OPERATIONS belvx DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) General Liability Policy includes Blanket Additional insured coverage as required by written contract per form # CG8811 (10/09). This form is subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION (541)488-5320 kari.Olson®ashland.Or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland Rari Olson AUTHORIZED REPRESENTATIVE 20 E Main Street Ashland, OR 97520 Pam Breazeale/PAMBRE I2ardn COMMERCIAL GENERAL LIABILITY CG sell 10 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE-READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION (Oregon) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SSUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS.EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 6 ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 5 WHO IS AN INSURED - INCIDENTIAL MEDICAL ERRORSIMALPRAtnCE AND WHO IS AN INSURED - S FELLOW EMPLOYEE EXTENSION = MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES S FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,' OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 7 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US. 7 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0211101.Marty Mutual Insurance Company. All rights reserved. CG Be 11 10 09 Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 1 of 7 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNEDAIRCRAFr 1 Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. Itis hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, Issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It Iii not being used to carry persons or property for a charge. However, the Insurance afforded by this provision does not apply if there Is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply Specifically in excess of this policy), contingent or on any other basis', that.would also apply to the loss covered under this provision. B. NON-ON(NEDwATERCpAFi Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced bythe following: This excl usion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; I C. PROPERTY DAMAGE UA131UTY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section 1- Coverage A - Bodily Injury And Property Damage Liabil- (ty,. Subparagraphs (3), (4) a nd (6) of exclusion j• Damage To Property do not apply if auch "property damage" results from the use of elevators. For the purpose of this provision, elevators do no include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following la added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property Insurance, whether primary, excess, contingent or on any othor basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from thls.Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow. Ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage", other then damage by fire, lightning, explosion, smoke or leakage from automatic fire protection system) to:. Premises rented to you fora period of 7 or fewer consecutive days; or (6) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more then 7 days. Paragraphs (11, (3) and (4) of this exclusion do not apply to "property damage" to contents of S premises rented to you for a period of 7 or fewer consecutive days. 02010 Liberty Mutual Insurance company. All rights reserved. CG.86 11 10 09 Includes copyrighted material of Insurance Services YHfieelnc:, with its permisslon Page 2 of 7 A separate limit of insurance applies to this coverage as. described in Section III • Limits of Insurance. b. The last paragraph oi:subsectlon 2. Exclusions is replaced by the following: Exclusions c. through it. do not apply to damage by fire; lightning, explosion, smokei or leakage from automatic fire protection systems to premises while rented to you or tamporarily'oecupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits of Insurance. 2. Paragraph 6. under Section 111 -Limits of Insurance is replaced by the following: 0. Subject to Paragraph 6. above, the Damage To Premises Rented To You Limit is the most we will pay under coverage A for damages beoadso of "property damage" to: a. Any one premisei (1) While rented to you, or (2) While rented to you or temporarily occupied by you with,. permission. of the owner for damage. by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage)- Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, Is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION j If Coverage C Medical Payrniints is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments. Subparagraph (b) of Paragraph a. Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. Is replaced by the following:. d. All reasonable expenses Incurred by the insured at our request to assist us in the Investigation or defense of the claim or "suit", Including, actual loss of earnings up to $500 a day because of time off from work: G. ADDITIONAL INSUREDS-BY'CONTRACT,AGREEMENT ORPERMIT 1. Paragraph 2. under Section 11- Who Is An Insured is amended to ihnfude es an insured any person or organization whom you have agreed. to.add as an additional insured In a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to fiability for "bodily injury", "property damage" or "personal and advertising injury" caused by: 02010 Liberty Mutual insurance Company. All dghtc ranamod. CG 88 11 10 09 Includes copyriohted material of Insurance Services Office Ino., with its permisslom Page 3 of 7 i a. Your acts or omissions, or the acts or omissions of those acting on your behalf, In the performance of your on going operations for the additional insured that are the subject of tha written contractor wrlttan.agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or % written agreement; or b. Promises or facilities rented by you or used by you; or e: The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject.to the following additional provisions: (1) This Insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damaga" included within- the completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this Insurance. With respect to Paragraph I.e. above, a person's or organization's status' es an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or M That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations fora principal as a part of the some project. With respect to Paragraph 1.b-above, a person's or organization's status he an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or fact Ilties ends. With respects to Paragraph t.o. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has.expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the "bodily injury" or "propertydamage". We have no duty to defend an additional Ineured under this endorsement until we receive. written notice of a "suit" by the additional Insured as required In Paragraph b. o' Condition i Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 2. With respect to the insurance provided by this endorsement, the following are added to'Paragraph 2. Exclusions under Section 1.- Coverage A - Bod4Injury And Property Dam age.Uabtllty: 02010 Liberty Mutual Insurance Company. All dohea mcerved. CO 8811 10 09 Includes copyrighted material of Insurance Services Office Inc, with its permission. Page 4 of 7 This Insurance does not apply to: a. "Bodily Injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" br "property damage" that occurs prior to you commencing operations at the. location where such "bodily injury" or "property damage" occurs: c. "Bodily injury", "property damage" or "Personal and advertising Injury" arising out of the render- Ing of, or the failure to render, any professional architectural, engineering or surveying services, including: f1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawingsand specifications; or (2) Supervisory, inspection, architectural or engineering activities. d. "Bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in. connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a partof this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under env form j or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following Is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other insurance provision making Its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional Insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other then a premiacs lease, feclllties rental contract or agreement, an equipment rental or lease contractor agreement, or permit Issued by a state or political subdivision between you and an additional insured does not require this Insurance to be primary or primary and non-contributory, this Insurance is excess over any other Insurance for which the addi= tional insured is designated as a Named Insured. Regardless of the writt an agreement between you and an additional insured, this Insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has boon added as an additional Insured on other policies. 1. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. t. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit 02010 Liberty Mutual Inauranee Company. All rights reserved. CG 118 11 10 09 Includes copyrighted material of insurance services office Ina., with its permissinn. Page:S'of 7 An additional Insured under this endorsement will as soon aspracticable: a. Give written notice of an "occurrence" or an offense, that may result'in a claim or "suit" under . this Insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional-'insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 2. The limits of insurance applicable to the additional insured are.those specified in a written contract or written agreement or the limits of insurance as stated In the D.eclaratione of this policy and defined in Section'111 - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENT1AL MEDICAL ERROR$I MALPRACTICE . I. . WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2a.(1) of Section 11- Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (it you area partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while In the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with.or repay someone also who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, If you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply: Paragraphs (a) and (b) above do not apply to "bodily Injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you, Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, Includes the direct supervision of other "employ- ass" of yours. However; none of these "employees" are Insureds for "bodily Injury" or "personal and advertising injury" arising out of their willful conduct; which Is defined asthe purposeful or willful Intentto cause "bodily injury" or "personal and advertising Injury", or caused In whole or in part by their Intoxica- tion by Ilquor or controlled substances. The coverage provided by provision J. is excess ever any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENiiTIF-S Paragraph 3. of Section N - Who Is An Insured is replaced by the following: 9. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named insured -if there is no other similar Insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period In which the en(ity was acquired or formed by you: b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and ®2010 Liberty Mutual Insurance Company. All rights reseryed. ce as 11 10 00 Includes copyrighted material of Insurance Services Office Ina, with .ltspermission. Page 6 of 7 c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired orformecithe organization. d. Records and descriptions otoperetions must be maintained by the first Named Insured. No person or organization'is an insured with respectto the.condu6t of any current or past partnership, joint 1 venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies for as an insured under.this provision 1.. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following Is added to Condition ti. Repre- sentations., Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage' afforded by this.polioy provided such failure to disclose all hazards or prior "occurrences" Is.not intentional: fJl. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM ORSUIT Under Section IV - Commercial General. Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence'Offense, Claim Or Suit Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in Itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been. designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or • "employee". N. LIBERALIZA11ONCLAUSE If we revise this Commercial General Liability Extension Endorsementto provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0.. BODILY INJURY REDEFINED 1 Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical Injury, sick- ness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonahleforce to protect persons or property. 0. WAIVER OF TRANSFER. OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions,. the following is added to Condition S. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization' have agreed in writing Ina contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage. occurs subsequent to the execution of the written contractor written agree- ment. 02010 Liberty Mutual Insurance Company. All ddhts reserved. CG 88 11 10 09 Includes copyrighted material of Insurance Services Office Inc., with fts permission. Page 7 of 7 0171 RECORDER Page 1 / 1 Ashland Park Commission DATE PO NUMBER. 20 E MAIN ST. 1/29/2014 00320 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004091 SHIP TO: BARTLETT TREE SERVICE 2288 OLD STAGE ROAD CENTRAL POINT, OR 97502 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens - Anne Thayer Special Inst: Confirming? NO. Quanti Unit Description Unit Price Ext. Price Tree Pruninq and Clean-up 4,750.00 Location: Upper Lithia, Liberty/TID Easement Contract for Goods and Services Beginning date: January 28, 2014 Completion date:. February 27, 2014 SUBTOTAL 4 750.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 4,750.00 - Account Number - - Project Number Amount _ Account Number Project Number,-* _Amount . E 211.12.02.06.60232 4,750.00 Authorized W ature VENDORCOPV FORM #3 CITY OF A request for a Purchase Order SHLAND REQUISITION Date of request: ~'e~e7•/ Required date for delivery: Vendor Name ~iLt✓ t! E~' TrL&' &rac ar Address, City, State, zip ~a8f3 bld Sfarr mod, (~yrfiaQ paiii>L tJr~ R35oa Contact Name & Telephone Number 1Di[2~~orh 5Yw/ /00~ 330 Fax Number 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 file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract it ® Verbal/Wriften 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 ❑ Written quote or proposal attached Agency ❑ (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 ❑ Form #9, Request for Approval ❑ 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) I Description of SERVICES ( Total Cost 201- ~ q, -~56 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL COST Project Number Account Number Account Number Zl1-(F-OZ 0(.rp~ _Account Number '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: TDirector Date Support-Yes/No By signing this requisition form, l certify that the City's public contracting requirements have been satisfied. Employee: Department Head: / Department ManagerlSupervisor% ( City Administrator: (Equal to or greater than $5,000) (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equallo orgreaterthan $5,000) Date Comments: Form #3 - Requisition .