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HomeMy WebLinkAbout2019-034 2019030 Mountain Tree Care PROVIDER: Mountain Tree Care LLC CITY OF PROVIDER'S CONTACT: Pedro Colin -ASH LAN D 20 East Main Street ADDRESS: 2043 Bradbury St. Medford, OR. 97504 Ashland, Oregon 97520 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-613-2608 E-MAIL: MountainTreeCareLLC@yahoo.com SERVICES AGREEMENT (less than 525,000) This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Mountain Tree Care LLC, a domestic business corporation ("hereinafter "Provider"), for the removal of the portion of a tree leaning over fencing at the entry road of the Drinking Water Plant. 1. PROVIDER'S OBLIGATIONS 1.1 Provide services to cut portion of large diameter fir tree leaning over fencing and access road to the drinking water plant. Protect fencing, railing and pump in fall line of tree removal operation. Leave wood and debris on side of road. Leave road clear for vehicle passage. Cut trunk a maximum of 8-foot sections. Leave remainder of tree not in fall line of fence in creek area as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage Page 1 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject employees. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman- owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of 52,000.00 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of 52,000.00 (this is maximum, not to exceed amount of ENTIRE Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. Page 2 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 All Work product or documents produced in furtherance of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected intellectual property right shall vest in and is hereby assigned to the City. 3.5 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS 4.1 The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written quote dated 11-26-2018. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Subsection 4.1. 5. REMEDIES Page 3 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5. 1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date") and shall continue in full force and effect until 12-28-18, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland -Water Department Attn: Greg Hunter 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5345 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Mountain Tree Care LLC Attn: Pedro Colin Page 4 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. ~I Page 5 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. CITY OF ASHLAND: (PROVIDER): Mountain Tree Care LLC. By: 94~ By: Qt )q2 irz7h Signature Signature Printed Name Printed Name rw- Pr2I~GY&xL. Title Title (o4Az:~- zor(S- /7- 44;;~ - 12~~ Date f Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. 2 Page 6 of 5: Agreement between the City of Ashland and Mountain Tree Care LLC. ACORD,v CERTIFICATE OF LIABILITY INSURANCE D1T2/05/20 8 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Michael A Rush ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1361 Center Dr., Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford, OR 97501 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: Atlantic Casualty Insurance Co Mountain Tree Care LLC INSURERR SAIF Corporation 2048 Bradbury St INSURERC: _ Medford, OR 97504 INSURERD: INSURER E' 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. INSR AOD'DL POLICY NUMBER POLICY EFFECTIVE LTR NSR !POLICYEXPIRATION LIMBS ✓ GENERAL LIABILTrY EACH OCCURRENCE S 2,000,000 A I/_ COMMERCIAL GENERAL LIABILITY PREk11 T 100,000 _ PREMISES Ea occurence S _ CLAIMS MADE V OCCUR MED EXP (Any one person) S 5,000 L138009341 06/17/2018 06/17/2019 PERSONAL &ADV INJURY is 2,000,000 GENERALAGGREGATE i S 2,000,000 GEN-LAGGREGATE LIMIT APPLIES PER. PRODUCTS -CDMPIOPAGG S 2,000,000 - POLICY P JECT RO. LOC AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT %S ANY AUTO (Ea accident) ALLOVVNEDALFTOS BODILYINJURY SCHEDULEDAUTOS (Perpereon) S HIRED AUTOS I BODILY INJURY S NON-0WNEDAUTOS (Pere dart) PROPERTYDAMAGE S (Peracadent) GARAGE LIABILITY 'AUTO ONLY -EAACCIDENT 5 ANY AUTO OTHERTHAN EAACC S AUTOONLY: AGG S EXCESSIUMBRELLA LIABILITY EACHOCCURRENCE S OCCUR CLAIAISMADE AGGREGATE S - S DEDUCTIBLE i S RETENTION S is WORKERS COMPENSATION AND VVCSTATU- MOTH-1 B EMPLOYERS'LIABIUTY E.LEACHACCIDENT S s 1,000,000 ANFICERrPMETOREARTNER7~CUTIVE 874441AR 07/01/2018 07/01/2019 1,000,000 _ E.L. DISEASE-EA EMPLOYEE S ffyes describe under SPECAL PROVISIONS belm ! E.L. DISEASE -POLICYLIMIT s 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS *City of Ashland is added as an addtional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Ashland DATE THEREOF, THE ISSUING INSURER IVILL ENDEAVOR TO MAIL 10 DAYS VIRRTEN 51 Winburn Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ashland, OR 97520 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INSURER, rrS AGENTS OR REPRESENTATIVES AUTHOR D REP SENTA ACORD 25 (2001108) ©ACORD CORPORATION 1988 Purchase Order Fiscal Year 2019 Page: 1 of: 1 THIS Pia Nur~~ ~!us r PPS ; INVOICES. AND SHiPPiNG b0Cu%1ENTS. B City of Ashland ATTN: Accounts Payable Purchase L 20 E. Main 20190303 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Water Treatment Plant E MOUNTAIN TREE CARE LLC. 1 90 North Mountain Ave N 2048 BRADBURY STREET P Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/488-5345 O O Fax: 541/552-2329 R Greg Hunter legal 12/06/2018 4238 FOB ASHLAND/NET30 Cit Accounts Pa able Remove hazardous tree at water 1 Remove hazardous tree at water plant road leaning over fencing 1 EACH $2,000.0000 $2,000.00 and sludge pump peninsula by auto gate. Services Agreement Completion date: 12/28/2018 Project Account: GL SUMMARY 081900 - 602353 $2,000.00 / ~ By. ~ i~"-- Date: Authorized Sig ure $2,000.00 f FORM W3 CITY of ASHLAND A request for a Purchase Order REQUISITION eo ~ Date of request: 12-5-18 Required date for delivery: 12-28-18 Vendor Name Mountain Tree Care LLC Address, City, State, Zip 2048 Bradbury St. Medford, OR. 97504 Contact Name & Telephone Number Pedro Colin 541.613.2608 Email address Mountain ree are ya oo.ccm SOURCING METHOD ❑ Exempt from Competitive Biddinn ❑ Emernencv ❑ Reason for exemption: ❑ Invitation to Bid ❑ 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 copy of CC ® Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5.000 Date approved by Council: ❑ State of Oregon ® Direct Award _(Attach copy of council communication) Contract # ® VerbalNVritten quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach copy of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract It Greater than $5,000 and less than $100.000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written quotes and solicitation attached ❑ Form #4,.Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5.000 and less than $75,000 ❑ Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed $35,000 ❑ Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds $25,000, Council ❑ Form 94, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost REMOVE HAZARDOUS TREE AT WATER PLANT ROAD LEANING OVER FENCING AND SLUDGE PUMP PENINSULA BY AUTO GATE. $ 2,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL COST Project Number _ _ _ _ _ _ _ Account Number 08.19.00.602353 Account Number _ _ _ _ _ _ _ _ _ _ Account Number _ _ _ _ _ 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support -Yes/No By signing this requisition form,, I certi at the ity's public contracting requirements have been satisfied. Employee: i! Y Department Head: z 4, DJ;e~2v r 9' (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrat : (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equalto orgreaterthan $5,000) Date Comments: Form #3 - Requisition Mountain Tree Care LLC General Contracting Location: MedFord, OR 97504 Email: MountainTreeCareLLC@gmail.com Phone: 541-621-3024 / Office: 541-613-2608 Fully Licensed & Insured License #200348 OFFICIAL ESTIMATE Location: Greg Hunter Address: 1400 Granite St, Ashland, OR, 97520 Phone: (541) 488-5345 Email: greg.hunter@ashland.or.us This quote includes the following: Provide service to cut portion of large diameter fir tree leaning over fencing and access road to the drinking water plant. Protect fencing, railing and pump in dall line of tree removal operation. Leave wood and debris on side of road. Leave road clear for vehicle passage. Tree trunk to be bucked into maximum of 8-foot sections. Remainder of tree not in fall line of fence to remain uncut in creek area. Total Cost: $2,000 Please make checks to Mountain Tree Care LLC THANK YOU!