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Home My WebLink About2019-044 201090342 Greenway Spray LLC Contract for GOODS AND SERVICES Small Procurement Less than $5,000 C I T Y Of INDEPENDENT CONTRACTOR: Greenway Spray LLC ASHLAND CONTACT: Greg Stewart 20 East Main Street ADDRESS: 3155 Old Stage Road Central Point, OR 97502 Ashland, Oregon 97520 Telephone: 541/488-6002 TELEPHONE: 541-622-9949 FAX: Fax: 541/488-5311 EMAIL: greg@greenwayspray.com EFFECTIVE DATE: 01/02/2019 COMPLETION DATE: June 30, 2019 TOTAL COMPENSATION: Not to exceed $4,950.00 per exhibit B GOODS AND SERVICES TO BE PROVIDED: Custom spray 18 acres of weeds at the Ashland Airport with pre and post emergent herbicide. ADDITIONAL TERMS: In the event of a conflict or discrepancy among the Contract Documents, this City of Ashland Contract will be primary and take precedence, and any exhibits or ancillary 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, the CITY AND CONTRACTOR HEREBY 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. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. 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. 8. 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. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. 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. 12. 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. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. 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. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENALTY OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each occurrence for Bodily Injury and Properly Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. 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. 16. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. 17. Consultant's compliance with Oregon Tax Law: (1) Consultant represents and warrants to the City that Consultant 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 Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. (2) Consultant represents and warrants that, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, it has 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 Consultant; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Revised 10-28-14 Page 1 of 2 CONT TOR: CITY OF HLAND: By: gy:y> nature D partment Head 6 Print Name _ Print Name t tm 1 ' 'M-1" Zo Title Date (W-9 is to be submitted with the signed contract.) Purchase Order No. C✓ 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 withholdine or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. eo-ntracto(r (Date) Revised 10-28-14 Page 2 of 2 Exhibit B I/ Greenway Spray LLC Estimate 000 3155 Old Stage Road Central Point, OR 97502 Date Estimate # 1/2/2019 192 Name / Address City of Ashland Public Works/Engineering 51 Winbum Way Ashland, OR 97520 Project Description Qty Rate Total Custom spray 18 acres of weeds at the Ashland Airport with pre and 18 275.00 4.950.00 post emergent herbicide . Areas include: All taxiway asphalt cracks and edges. Unpaved areas between the hanger doors. A 12' swath that follows the vegetati%a swale on the taxiway and runway shoulders. (approximately 2' inside lights/reflectors) Signs and lights inside the 12' Swale border. West side of runway to back side of lights. Thank you for your business. Total S4.950.00 Herbicide Application Area 'kY Shaded area ~A represents 16 acres ,a 'c where pre/post v'at` emergent herbicide is to be applied 5= ,Y ~ . T ,f r ~T iY~ e - •Try - • t _ 3~ajC}~k ~ Y 1 ~l - J ,s r -mF Y Legend F Streams Herbicide_Applicaticr s ` Storm Drain Inlets 44~ a. • Drains to Stream s, o Drains t, c ,,a~~ t Feet 0 250 500 1,000 1,500 2,000 Alk* ° CERTIFICATE OF LIABILITY INSURANCE 2/1s 0118 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: N the certificate holler is an ADDITIONAL INSURED, the policy(les) must be endorsed. H 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 KANIE: Towne Centre Ins Service, LLC PHONE 541-476-3311 FAX 541-476-5626 315 SE 7th St EaIAIL brian tcis.biz 1 M& Not Grants Pass, OR 97526 NS AFFORDING COVERAGE NAIL A INSURER A: Scottsdale Insurance Company INSURED INSURER B: Greenway Spray LLC IN=M C : 3155 Old Stage Rd Central Point, OR 97502 ° 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. LTR TYPE OF INSURANCE POLICY NUMBER Lam GENERAL LAIN ITY X CPS-2775038 2/15/2018 2/1512019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RE COMI ERCUUL GENERAL LIABILITY PREMISES (ES $ 100,000 A CLAIMSMADE ® OCCUR MED EXP one person $ 5,000 PERSONAL Q ADV INJURY $ 1,000,000 GEI4ERALAGGREGATE $ 2,000,000 GENV AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG s 2,000,000 F-1 JECT PRO- LOc $ POLICY AUTOMOOKE LIABILITY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY (Per person) $ ALL OWNED L SCHEDULED BODILY INJURY (Peraocid, $ AUTOS AUTOS DAMAGE HIRED AUTOS AUTOS WED PROPEN $ (per $ UIINFIELLA L'" H OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION s WORKERS COMPENSATION VdC STATU- OTH- EEL AND EMPLOYERS LIABILITY YIN IT E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTNE ❑ NIA OFFICERMElY6ER EXCLUDED? (MarWalory in NH) E.L. DISEASE - EA EMPLOYE $ Kyes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Anaeh ACORD 101, A&Woml Remarks Schedule, K mar apace Is required) Certificate holder is listed as an additional insured. CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 EAST MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ASHLAND, OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /Z 44-C... - I ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD PROGREll/UE' TOWNE CENTRE INS COMMERCIAL 315 SE 7TH STREET GRANTS PASS, OR 97526 • 1-541-476-3311 Policy number: 03967552-2 Underwritten by: ARTISAN AND TRUCKERS CASUALTY CO January 7, 2019 Page 1 of 2 Certificate of Insurance Certificate Holder . Additional Insured CITY OF ASHLAND 20 EAST MAIN ST ASHLAND, OR 97520 Insured Agent . GREENWAY SPRAY LLC TOWNE CENTRE INS 3155 OLD STAGE RD 315 SE 7TH STREET CENTRAL POINT, OR 97502 GRANTS PASS, OR 97526 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy Effective Date: Dec 8, 2018 Policy Expiration Date: Dec 8, 2019 Insurance coverage(s) Limits BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT UNINSURED MOTORIST BODILY INJURY $1,000,000 COMBINED SINGLE LIMIT EMPLOYER'S NON-OWNED AUTO BIPD $1,000,000 COMBINED SINGLE LIMIT HIRED AUTO BODILY INJURY/PROPERTY DAMAGE $1,000,000 COMBINED SINGLE LIMIT Description of LocationNehicles/Special Items Scheduled autos only . 2005 DODGE RAM 2500 3D6WS26D05G832400 UNINSURED MOTORIST PROPERTY DAMAGE $20,000 W/$200 DED ($300 IF HIT & RUN) PERSONAL INJURY PROTECTION $15,000 COMPREHENSIVE $500 DIED COLLISION $500 DIED RENTAL REIMBURSEMENT $30 PER DAY ($900 MAX) ROADSIDE ASSISTANCE SELECTED 1992 FORD F250 1 FTHX26G6NKB46378 UNINSURED MOTORIST PROPERTY DAMAGE $20,000 W/$200 DIED ($300 IF HIT & RUN) PERSONAL INJURY PROTECTION $15,000 ROADSIDE ASSISTANCE SELECTED Continued i Policy number: 03967552-2 Page 2 of 2 2017 DNS TRLR BLDRS TRAILER 1 D9D1VC2XHM731023 Stated Amount $2,600 COMPREHENSIVE $250 DED 2017 FORD F350 1 FTRF3B63HEE26630 UNINSURED MOTORIST PROPERTY DAMAGE $20,000 W/$200 DED ($300 IF HIT & RUN) PERSONAL INJURY PROTECTION $15,000 COMPREHENSIVE $500 DIED COLLISION $500 DED RENTAL REIMBURSEMENT $30 PER DAY ($900 MAX) ROADSIDE ASSISTANCE SELECTED 2015 HOMEMADE TRAILER 99999999999999999 Certificate number 00719NET552 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Pr, Form 5241 (10/02) www,saif.com Oregon Workers' Compensation Work. Life. Certificate of Insurance sal Oregon. Mail to: Certificate holder: GREENWAY SPRAY LLC CITY OF ASHLAND 3155 OLD STAGE RD 20 EAST MAIN STREET CENTRAL POINT, OR 97502 ASHLAND, OR 97520 e 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 I such policy; this policy is subject to change or cancellation at any time. Insured Producer/contact Greenway Spray LLC SAIF Corporation 3155 Old Stage Rd Portland Service Center Central Point, Or 97502 971.242.5001 servic@saif.com Issued 01104/2018 Limits of liability Policy 857891 Bodily Injury by Accident $500,000 each accident Period 02/01/2018 to 02/01/2019 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items 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. Authorized representative Y Kerry Barnett President and CEO i i i i 3 i i I 1 i t i 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.584.9812 i Policy_OLCA_Certiricale0flnsurance • -saif.com Oregon Workers' Compensation Work. Life. Certificate of Insurance saifOregon. Certificate holder: CITY OF ASHLAND 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 Greenway Spray LLC SAIF Corporation 3155 Old Stage Rd Portland Service Center Central Point, Or 97502-1478 971.242.5001 servic@saif.com Issued 01/07/2019 Limits of liability Policy 857891 Bodily Injury by Accident $500,000 each accident Period 02101/2019 to 02/01/2020 Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit Description of operations/locations/special items 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. Authorized representative J4 i' l~r~ Kerry Barnett President and CEO 400 High Street SE Salem, OR 97312 P. 800.285.8525 F: 503.584.9812 Pd ~cy_OLCA_Cert.fica;vOfl nsurance J