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HomeMy WebLinkAbout2014-200 Contract - Casey Roland Tree Care Contract for GOODS AND SERVICES Less than $25,000 CITY OF ASHLAND CONTRACTOR: Casey P. Roland Tree Care 20 East Main Street CONTACT: Casey Roland Ashland, Oregon 97520 Telephone: 541/488-6002 ADDRESS: 659 Clay St. Ashland, OR 97520 Fax: 541/488-5311 TELEPHONE: 541-488-0782 DATE AGREEMENT PREPARED: May 16, 2014 FAX: BEGINNING DATE: May 19, 2014 COMPLETION DATE: June 30, 2014 COMPENSATION: $0 GOODS AND SERVICES TO BE PROVIDED: Tree services to the Fremont Cottonwood located at 380 Clay Street, including: Pruning and removal of dead branches of 1" or greater in diameter. Supply and installation of props on two lower limbs. Chipping and removal of all debris. ADDITIONAL TERMS: Contractor shall not be required to provide a W-9 taxpayer identification form, per exhibit A, unless this contract is amended to include compensation greater than $0. 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, 2796.225, 27913.230, 27913.235, 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 b City under an of the follow ng Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 conditions: 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 $1,000,000 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 $500,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or 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. 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. Contract C' f_Ashland By By Signatuir De artment Head P, ro Print Name Print Name ~2~61 ] 11;n I q 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 Y" /2014 rr) CERTIFICATE OF LIABILITY INSURANCE D3/19(MMtDDffY CERTIFIC THE HOLDER. B DOES NOT AFISSUED FIRAS A MATTER OF MATIVELY OR NEGATIV L AMENDONLY AND CONFERS NO S EXTEND OR ALT RTIHE COVERAGE A FORD DABY THE POLICETHIS THIS CER7TE UPON ERTiFICTHIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEE N THE ISSUING INSURER(S), AUTHORIZED BELOW SENT ATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. REPRE tF CONTACT NAME: FAR ROD WILLETT 6751 SE THEISSEN RD, SUITE C PHONE FAX A/C No. Exil: A/C No.): INILWAUKIE, OR 97267 E-MAIL ADDRESS: FHOVE NO. (503)652-2445 INSURER(S AFFORDING COVERAGE NAIC # INSURER A: RED SHIELD INSURANCE COMPANY 41580 5'~D CASEY P. ROLAND DBA: CASEY P ROLAND TREE CARE INSURER B: 659 CLAY ST INSURER C: ASHLAND, OR 97520-1417 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ; ATEO, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ,`IPICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, . _USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADD SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS INSR WVD (MMIDDIYYYY) MM/DD GENERAL LIABILITY EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES 100,000 CLAIMS-MADE 0 OCCUR CNT 018372 3/30/2014 3/30/2015 MED EXP (Any one person) 5,000 PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE 1,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG Incl in Gen Agg X POLGY PROJECT LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY ANY AUTO BODILY INJURY (Per person) k L OWNED SCHEDULED BODILY INJURY (Per accident) AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE (Per accident) AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE LED RETENTION WORKERS COMPENSATION WC STATUTORY OTHER AXD EMPLOYERS' LIABILITY YM - ANY PROPRIETOR PARTNERIEXECUTIVE [__j N/A E. L. EACH ACCIDENT (Mandy Rtvryr in NH) (Mandatory in EXCLUDED? E. L. DISEASE - EA EMPLOYEE Manda On, describe under - E. L. DISEASE -POLICY OMIT SCRIPTION OF OPERATIONS below $ rt.r--kPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ALL OPERATIONS USUAL TO THE NAMED INSURED AS PER POLICY TERMS AND CONDITIONS TREE SERVICES RTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, CONSTRUCTION CONTRACTORS BOARD NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE PO BOX 14140 POLICY PROVISIONS. SALEM= OR 97309-5052 AUTHORIZED REPRESENTATIVE 1988-2010 ACORD (CORPORATION. All rights reserved. OR[} 25 (2010/05) The ACORD name and logo are registered marks of ACORD RED SHIELD INSURANCE COMPANY D Policy No. CNT 018372 See Also: CNT 016079 1411 SW Morrison St, Ste 400, Portland, OR 97205 1(503)226-4146 / Toll Free 1(800)527-7397 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Named Insured and Mailing Address Agent # 6207 Phone # (503)652-2445 CASEY P. ROLAND ROD WILLETT DBA: CASEY P ROLAND TREE CARE 6751 SE THEISSEN RD, SUITE C 659 CLAY ST MILWAUKIE, OR 97267 ASHLAND, OR 97520-1417 12:01 AM STANDARD TIME AT THE ADDRESS OF POLICY PERIOD: 3/30/2014 TO 3/30/2015 THE NAMED INSURED AS STATED HEREIN INCEPTION EXPIRATION Business Description: TREE SERVICES IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part $584.00 Commercial Marine Coverage Part NOT COVERED i TOTAL $584.00 a Forms} and Endorsement(s) made a part of this policy at time of issue**: IL0003(09/08), !1-0017(11/98), IL0279(09/08), GLD1002(11/07) -Omits applicable Forms and Endorsements if shown in specific Coverage Part/Coverage Form Declarations. i Date: 3/1912014 Prepared By: RJC By Authorized Representative ESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE ORM(S) AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. 04 01 0612 Includes copyrighted material of Insurance Services Office, Inc., with its permission. RED SHIELD INSURANCE COMPANY 7 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS These Coverage Part Declarations form a part of policy number CNT 018372 ' LIMITS OF INSURANCE t [General Aggregate Limit (Other Than Products--Completed Operations) $1,000,000.00 Products--Completed Operations Aggregate Limit INCL IN GEN AGG Personal and Advertising Injury Limit $1,000,000.00 Each Occurrence Limit $1,000,000.00 Damage to Premises Rented to You Limit $100,000.00 Any One Premises Medical Expense Limit $5,000.00 Any One Person QESCRIPTION OF BUSINESS AND LOCATION OF PREMISES Form of Business: INDIVIDUAL Business Description: TREE SERVICES Location of All Premises You Own, Rent or Occupy: 001) 659 CLAY ST, ASHLAND, OR 97520 PREMIUM TOTAL PREMIUM THIS COVERAGE PART: $584.00 Rate Advance Premium Classification Code No. *Premium Basis Pr/Co All Other Pr/Co All Other TREE PRUNING, DUSTING, SPRAYING, 99777 p) 31,100 INCL. 18.765 INCL. 584.00 REPAIRING, TRIMMING OR FUMIGATING Products - Completed Operations are subject to the General Aggregate Limit DEQUCTIBLE Not Applicable FORMS AND ENDORSEMENTS ~Orms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: CG0001(12/07), CG0068(05/09), CG2139(10/93), CG2147(12/07), CG2149(09/99), CG2167(12/04), CG2176(01/08) CG2196(03/05), GL1009(05104), GL1013(10/01), GL1021(08/11), GL1022(04/08), GL1035(12/04), GL1036(12/04) GL1040(03/05), GL1051(04/07), GL1087(06/13), IL0021(09108), IL0142(09/08), CG2116(07198), CG2294(10/01) GL1012(10/01), GL1020(07/10), GL1028(07/08), GL1052(07/10), GL1056(04/08), CG2173(01/08) i I (al Area, (c) Total Cost, (m) Admissions, (p) Payroll, (s) Gross Sales, (u) Units, Issued: 3119/2014 THE COVERAGE PART DECLARATIONS AND THE COMMON POLICY DECLARATIONS, TOGETHER WITH THE COMMON P©LICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE NUMBERED POLICY. 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