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HomeMy WebLinkAbout2014-207 Contract - Beaver Tree Service Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Beaver Tree Service ASHLAND CONTACT: Clarence Wangle 20 East Main Street Ashland, Oregon 97520 ADDRESS: 270 Wilson Road, Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-7072, CELL: 541-821-8733 DATE AGREEMENT PREPARED: June 30, 2014 EMAIL: suzie@beavertree.net BEGINNING DATE: Jul 1, 2014 COMPLETION DATE: Jul 3, 2014 COMPENSATION: $2,400.00 GOODS AND SERVICES TO BE PROVIDED: Pruning Granite Street for sidewalk and street clearance on Park properties per specifications and bid form attached as Exhibit C and Beaver Tree Service bid attached as Exhibit D. 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 27913.220, 27913.225, 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 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 chap e. 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. 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 r: City of Ashland By L-- By - Signature Department Head Print Name Print Name L,-~- e C /-,>c Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. v 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: c~o~ (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. G (5) Labor or services are performed for two or more different persons within a period of one J~ 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. 4c~-Zo 1 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 ACORDr„ CERTIFICATE OF LIABILITY INSURANCE °07/;4' 201 IYYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RKI INC. Cert# 58246 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. BOX 157 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LEBANON, OR 97355 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (541) 451-1313 FAX: (541) 259-1092 INSURERS AFFORDING COVERAGE NAIC # INSURED BEAVER TREE SERVICE,INC. INSURERA: OHIO SECURITY INS. CO. NPP INSURERS: OHIO SECURITY INS. CO. (NPP) INSURER C: 270 WILSON RD INSURER D: CE TRAL POINT, OR 97502 04SURERE: COVERAGES 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 WITH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR TYPE OF INSURANCE SR ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY BKS(15)54779870 MAY 26 14 MAY 26 15 PREMISES Ea occurenca $ 1,000,000 A CLAIMS MADE N OCCUR MED EXP An one person $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT X ANYAUTO BAS(15)54779670 MAY 26 14 5/26 15 (Ea accident) $ 1000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accdent) PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND OR LIMIT ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECLMVE OFFICERIMEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ If yyees, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS REF: FOR CERTIFICATE HOLDER'S INSURANCE FILE, ` CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATTEN: OLSON DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 20 EAST MAIN STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ASHLAND, OREGON 97520 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. E/M: O LSON K@AS H LAN D.O R. US AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) © ACORD CORPORATION 1988 Al:,) BEAVER Cto TF - OITEEa r•~•.~ < 484 TREE SERVICE VOICE OF TREE CARE Date: 6/26/2014 12:11 PM Ashland Parks & Rec. Dept Work Site: Lithia Park Ashland, OR 97520 20 East Main St. Ashland, OR 97520 Work: 488-5340 Proposed By: Clarence Wangle Job Name: Ashland Parks & Rec. Dept 201406 email thayera@ashland.or.us # Item Description Qty Cost 1 Trees's Miscellaneous 1 $2,400.00 Prune and remove trees per Ashland Parks Dept. request for bid packet. 3 men and equipment for 8 hours of work at Lithia Park, on Granite Street. All work done with complete clean up. Notes: Subtotal: $2,400.00 Tax: $0.00 Total: $2,400.00 Customer Signature Date Corporate Office 270 Wilson Rd, Central Point, OR. 97502 541-779-7072 CCB Number 173614 Tax ID Number 20-5639553 Email suzie@beavertree.net Page 1 of 1 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 FOR STREET CLEARANCE ON GRANITE STREET 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. Friday, June 27, 2014 Bids may be delivered via mail, fax or in person. A contract for the work will be awarded within 5 working days after the deadline for receiving bids. B. Site Orientation Meeting: NONE REQUIRED 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 if required for bid submittal. 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. 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 by phone 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 Upon acceptance, the contract is signed and the vendor shall receive a notice prior to proceed and commence work on July 1, 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 and Workers Comp • 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. Specifications 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). 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 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 successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability, Automobile and Workers' Compensation. Workers' Compensation insurance is mandatory. Subcontracting will not be permitted. 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. + F 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. 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. o;mlr% r--P. Page1/1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 7/7/2014 00359 (541) 488-5300 VENDOR: 001167 SHIP TO: BEAVER TREE SERVICE 270 WILSON RD MEDFORD, OR 97502 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Bruce Dickens - Ann Thayer Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Pruninq Granite Street for sidewalk and 2,400.00 street clearance on Park properties Contract for Goods and Services Beqinninq date: July 1, 2014 Completion date: July 3, 2014 SUBTOTAL 2.400.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 2,400.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.02.06.60410 2,400.00 Authorized Signet VENDOR COPY [FORM #3 CITY OF nor ASHLAND Purchase Order REQUISITION Date of request: ~D "N Required date for delivery: Vendor Name a f Address, City, State, Zip tr - Z~Da Contact Name & Telephone Number ~~©a Fax Number d1o 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 # ❑ Verbal/Written 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 Intergovernmental Agreement $5,000 to $75,000 ❑ Special Procurement ❑ 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 Description of SERVICES Total Cost rOPUT wwcd-v- 4 &~Y~'~- Cb~ or) P~ L lpY"99 $ 116D Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL `COST ❑ Per attached quote/proposal $ Project Number Account Number___-c2l'~j~(J(J Account Numberdfl.1,3-1Oa-Gl - S POJJC5Account 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: IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee: Department Head: Department Manager/Supervisor: 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- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition