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HomeMy WebLinkAbout2016-072 Contract - Banyan Tree Landscape Contract for GOODS AND SERVICES CITY OF CONTRACTOR: Banyan Tree Landscape Construction LLC -AS H LAND CONTACT: Andrew Markham 20 East Main Street Ashland, Oregon 97520 ADDRESS: 303 Mowetza Drive, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-944-0943 DATE AGREEMENT PREPARED: 3/28/2016 FAX: N/A BEGINNING DATE: COMPLETION DATE: COMPENSATION: $20,586.00 GOODS AND SERVICES TO BE PROVIDED: Ashland Plaza Area and Winburn Way Corner Landscape Improvements ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract. 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 $20,142.20 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 following Contract for Goods and Services Less than $25,000, Revised 06/02/2015, 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 Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. 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. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, 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. Contractor: City of Ashland By Ul- By Signature epartment Head r John Andrew Markham Print Name Print Name Owner cal' Title Date r 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 06/02/2015, 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: x (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. x (2) Commercial advertising or business cards or a trade association membership are purchased for the business. x (3) Telephone listing is used for the business separate from the personal residence listing. x (4) Labor or services are performed only pursuant to written contracts. x (5) Labor or services are performed for two or more different persons within a period of one year. x (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. I 3/28/2016 Cootractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ash land LIVING WAGE per hour effective June 30, 2015 (increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Fmnlcvee" Aces nct employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, pease see Ashland 50% or more of the ➢ In calculating the living wage, Municipal uoae section employee's time in that month employers may add the value 3.12.020, working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -ASHLAND Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 www.saif.com Oregon Workers' Compensation saif Certificate of Insurance 1%P,,000 corporation Certificate holder: CITY OF ASHLAND ATTN: JULIE SMITHERMAN 20 EAST MAIN STREET ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by this policy is subject to all the terms, exclusions and conditions of such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Banyan Tree Landscape Construction LLC Ashland Insurance Inc Banyan Tree Landscape Construction Ashland Ins (Ashland) 303 Mowetza Dr 541.482.0831 Ashland, OR 97520-8760 Issued 03/28/2016 Limits of liability Policy 744057 Bodily Injury by Accident $500,000 each accident Period 04/01/2016 to 04/01/2017 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items Ashland Plaza and Winburn Way Corner Landscaping Improvement Project Important This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. Authorized representative ) 6', Kerry Barnett President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 Policy_OLCA_CertificateOfl nsurance Policy Number: Date Entered: 03/28/2016 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/28/2016 THIS CERTIFICATE IS ISSUED 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(ies) 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). PRODUCER CONTACT WCFL Insurance Services NAME: Jennifer Butler PH 700 Mistletoe Rd Ste 206 ONE E,,,(541)488-4014 ;'.No,. (541) 488-4017 E-MAIL Ashland, OR 97520 ADDRESS: 7ennifer@workcompforless. com i INSURER(S) AFFORDING COVERAGE NAIC a INSURER A: Security National Insurance Co TI INSURED Banyan Tree Landscape Construction LLC INSURER B:AmTrust Insurance Company of Kansas John Andrew Markham INSURER c: Navigators Insurance Company 303 Mowetza Dr INSURER D.,_ Ashland, OR 97520 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD ADDL WVD SUER LTR POLICY NUMBER MM DD/YYYY MMDD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ Q- CLAIMS-MADE L^ DAMAGE TO RENTED OCCUR INA110875100 05/01/2015 05/01/2016 PREMISES (Ea occurrence) _ $ 1.0.0,000__ I MED EXP (Any one person) $ 5 000 000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE - - $ 2,000,000 h PRO- I _.i POLICY JECT LOC .I PRODUCTS - COMP/OPAGG I $ 2,000,000 $ OTHER: 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident I ANY AUTO I KPP1023998-00 05/21/2015 05/21/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED PROPERTY DAMAGE $ _ HIRED AUTOS _ AUTOS Per accident) - D uC i 1 $ 500 - UMBRELLA LIAB _ OCCUR 1 EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE ! AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 7-7 E.L- EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? u N / A (Mandatory in NH) E-L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C (Inland Marine !36-IM010624 05/01/2015 05/01/2016 Equipment $77,000 I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland, Oregon, and its elected officials, officers and employees are named as additional insureds in regards to the general liability per the attached endorsement(s) with respect to Contractors services provided under contract CERTIFICATE HOLDER CANCELLATION City of Ashland 20 East Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE l © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Producedusing Forms Boss Plus software. www. Form sBoss comlmpressivePublishing 800.208-1977 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Policy Number: NA1 1 0875 1 00 Endorsement Effective: 3/28/2016 12:01 a.m. Named Insured Countersigned ~y: Banyan Tree Landscape LLC Banyan Tree Landscape LLC 1~( C SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "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 site 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. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary. Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. 49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1 Used with permission CITY OF ASHLAND REQUEST FOR QUOTE QUOTE: Ashland Plaza and Winburn Way Corner - LANDSCAPING IMPROVEMENTS Description Quant. Unit Amount Downtown Plaza Area - Landscape Improvements 1. Traffic control 1 LS - $ GO 2. Mobilization 1 LS - $ 3. Erosion control 1 LS - $ 5 4. Demolition and salvage 1 LS 5. Soil removal and stockpile 1 LS Plaza 1. Irrigation (Sheet L-102) $ a. Remove pavers and connect to mainline 1 LS $ 2 7 1) b. Install irrigation valve connect to existing control wire 1 LS $ t ,Su- c. Plumb irrigation into planter pots 1 LS $ ~U d. Adjust laterals and sprinklers 1 LS $ ty~l~ e. Install laterals and sprinklers I LS $ 2. Planting (See Planting Plan Sheet L-103) a. 1 Gallon shrubs 39 EA $ b. 2 Gallon shrubs 3 EA $ c. 3 Gallon shrubs 20 EA $ 7 d. 5 Gallon shrubs 10 EA $ L r>V e. 4" pot annuals 300 EA $ f. Soil Mix for planter pots 1 LS $ V g. Drain rock for planter pots 1 LS $ V h. Filter fabric I LS $ j i. Pick up planter pots transport to site and place 1 LS $ j S 1 Public Works/Fngincering Department Tel: (541) 488-5347 20 F. Main Street Fax: (541) 488-6006 Ashland, Oregon 97520 TTY: (800) 735-2900 www.ashland.or.us I I:AJulies\Plaza Landscaping 20116\Request for Quote -Plaza Landscape Improvements2.29.16.doex Winburn Way _ 1. Removal and reinstallation of bike rack 1 LS - $ 7v 2. Tree protection I LS - $ 3. Sawcut and remove existing AC, sidewalk and curb to 1 LS - $ 1 ^ v 4. Hardscape a. Construct 16" vertical curb E=6" per ODOT I LS - $ ) 2S CG b. Construct Sidewalk & Handicap ramp (see construction notes) I LS - $ Construct concrete wall with seat wall cap: Davis Colors San c. Diego Buff #5237. Including 3/8" expansion joints and rebar 1 LS - $ 2- in footing extensions d. 6" 3/4 minus gravel base & drain rock 1 LS - $ Z5 e. 12-18" angular granite boulders 1 LS - $ f. Install light base and set electric utility vault I LS - $ l 5 V g. Roll-on waterproofing back of wall to soil line 1 LS 5. Permeable pavers- Aqua-brie 60mm- Willamette Graystone I LS a. 6" #2 stone sub-base I LS - $ u b. 4" #57 stone open grade base 1 LS - $ V V c. 1" 98 aggregate bedding course I LS - $ 5 V d. 48 or #9 aggregate in openings 1 LS - $ U 6. Irrigation (Sheet L- 3.0-3.2) a. Install sleeves, laterals and drip line tubing 1 LS - $ b. Install valve boxes, isolation valve and flush valve 1 LS - $ c~ v c. Install backflow device and battery operated controller 1 LS - $ 'v e. Install pressure regulator I LS - $ /2- vU 7. Planting (Sheet L- 4.0 -4.1) a. I Gallon shrubs (Fesg, Blue Fescue) 34 LS - $2~ b. 1 Gallon shrubs (PenLB, Fountain Grass) 8 LS - $ c. 1 Gallon shrubs (Teuc, Germander) 4 LS - d. 2 Gallon shrubs (Rosr, Red Carpet Rose) 5 LS - $ e. 5 Gallon shrubs (Sark, Sarcococca) 3 LS - $ Z L Weed barrier & 3 inches of bark mulch 1 LS - $ -)(i b g. Imported topsoil 18" 1 LS - $ ZlV 8. Winburn Way Subtotal $ TOTAL BID - $ 2o,5 ' Public Works/Engineering Department Tel: (541) 488-5347 20 E. Main Street Fax: (541) 488-6006 Ashland, Oregon 97520 TTY: (800) 735-2900 x„%w.ashland.or.us x:vJuliesvPlaza Landscaping 20116vRcquest for Quote -Plaza Landscape Improvements2.29.16.docx PLEASE RETURN QUOTE BY: 2:00 PM, Tuesday March 15, 2016 Date: By: S' ature Address: Printed Name ` C) ~.J ^ N Title 1 I ! ~ic~~ > t~~~ ~.i15 4 I~a Company L f ~ Phone: 011-1 L-) ~ - - Public Forks/Engineering Department Tel: (541) 488-5347 20 E. Main Street Fax: (541) 488-6006 A Ashland, Oregon 97520 TTY: (800) 735-2900 www.ashland.or.us wr H:AJulics\Plaza Landscaping 20116\Request for Quote -Plaza Landscape Improvements2.29.16.doex Page 1 CITY OF ASHLAND BATE PO NUMBER 4/4/2016 13458 20 E MAIN ST. ASHLAND, OR 97 97520 (541) 488-5300 VENDOR: 016636 SHIP TO: Ashland Public Works BANYAN TREE LANDSCAPE (541) 488-5587 303 MOWETZA 51 WINBURN WAY ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Ashland, Oregon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Julie Smltherman Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Ashland Plaza area do Winburn Wav 20,586.00 corner landscape improvements. Contract for Goods and Services Beqinninq date: 03/29/2016 Completion date: 04115/2016 SUBTOTAL 20 586.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 20, 586.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.01.02.20.60410 16 336.00 E 260.08.12.00.60410 4,250.00 Authorize ignature VENDOR COPY - CITY OF FORM #3 Utz ASHLAND REQUISITION Date of request: 03/31/16 Required date for delivery: ASAP Vendor Name Banyan Tree Landscape Construction LLC Address, City, State, Zip Andrew Markham Contact Name & Telephone Number 303 Mowetza Drive, Ashland, OR 97520 Fax Number PH: 541-944-0943 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 _(Attach co of council communication -(If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ 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) _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Ashland Plaza Area and Winburn Way Corner Landscape Improvements $20,586 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost See Attached sheet for description of materials Concrete Work (Curb & Gutter / Sidewalk) 4,250 Landscaping Improvements 16,336 TOTAL COST ® Per attached quotelproposal $20,586 Project Number _ _ _ _ _ _ - _ _ _ Account NumberUc. IT. CO1 09 V14 12-60 Account Account Number 1Ca-C1-c •Z~-60041O 53U '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 Diretor Date Support -Yes / No By signing this requisition form, I certify that the City's public contracting requirements have been s d,~ ) A-f Department Head; Employ ' A Lk--Z- Equal to or greater than $5,000) Department anagerlSupervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YE / NO Finance Director- (Equal to orgrea than $5,000) Date Comments: Form #3 - Requisition