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HomeMy WebLinkAbout2019-049 20190260 Southern Oregon Tree Care 20190260 I - SERVICES AGREEMENT less than $25,000 PROVIDER: Southern Oregon Tree Care LLC CITY OF PROVIDER'S CONTACT: Willie Gingg ASHLAND 20 East Main Street ADDRESS: P.O. Box 5140 Central Point Or. Ashland, Oregon 97520 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-772-0404 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Southern Oregon Tree Care LLC, a domestic business corporation ("hereinafter "Provider"), for the removal of one double truck tree in the Reeder Gulch section of Reeder Reservoir and one tree in the Ashland Creek East Fork impoundment. 1. PROVIDER'S OBLIGATIONS 1.1 Provide services to cut large diameter trees one each in Reeder Gulch spanning the gulch. And one each in the East Fork of Ashland Creek spanning the impoundment in the water. Trees are to be cut as close as possible to the base. Stumps to be left in place. Tree trunk to be cut into eight foot lengths and stacked out of the flood plain. Leave wood debris on side of road. Leave road clear for vehicle passage. Optional disposal to allow Southern Oregon Tree Care LLC to salvage trees for delivery to Jackson County Fuels. 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; Page 1 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC • 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 • 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.110. 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 $3,500.00 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 $3,500.00 (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 Page 2 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC 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. 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 279B.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. Page 3 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC 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 10-9-2018. 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 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; 5.1.2Withholding 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; 5.1.31nitiation of an, action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4These 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 11-15-18, 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. 6.2.2The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3Either 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 Page 4 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC 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: Southern Oregon Tree Care LLC Attn: Willie Gingg 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. 9.1.2Provider, 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 Page 5 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC 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. CITY OF ASHLAND: (PROVIDER): Southern Oregon Tree Care LLC By: By: Signature Signature (7 ~4a~ c 0.&vt, i✓ (J i aJ I/l-C / ' a, Printed Name Printe ame ~GJ D//ZLZYb2 ~ Title Title Date Date W-9 is to be submitted with this signed Agreement)- / Purchase Order No. Page 6 of 5: Agreement between the City of Ashland and Southern Oregon Tree Care LLC ACORD DAM CERTIFICATE OF LIABILITY INSURANCE 10122 2 VMM1018 Das PRODUCER Phone: (541)779-0-0177 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1998 Sky Park Dr ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford, OR 97501 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: United Specialty Insurance Company Southern Oregon Tree, Care LLC INSURERB: Mutual of Enumclaw 14761 PO Box 5140 INSURER a SAIF Co oration Medford, OR 97501 NSURERD: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Di POLICYNUMBER Ow M00 POIJCYEPFECTNE POD D LICYIDlPaUON DNIIS GENERALLNBUIIY USA4203466 03109/2018 0310912019 EACN D°cuRRENCE s 2,000,000 A Y X COMMER mrsNERALLWBILITY PREMSE9 a ~Erence $ 100,000 CWMSMME OCCUR NED EXP am ers S 51000 IFVI PERSONM.&ADVINJURY S 2.000.000 GENEIMAGGREGATE S 4,000,000 GEN'LAGGREGATEUMITAPPLIESPER: PROOUCTS-COMPIOPAGG S 4,000,000 POLICY X P"0. LOC B AuiouoeLELWaILm BAP0004681 11/01/2018 11/01/2019 COMBINEDSINGLELIMrr s 2,000,000 ANYAUTO (Eauddent) ALLOWNEDA= BODILY IN S X SCHEpULEO AUTOS (Pw~") X MREO AUTOS BODILYINJURY X NON-0WNm AUTOS (Peraeddad) $ PROPERTY DAMAGE S (Pera"ddent) GARAGE LIABILITY AUTO ONLY-EAACCIDEMT $ ANYAUTO OTHER THAN EAACC S AUTO ONLY: AGG S EXCESSIUMBRELLALIABILTTY EACHOCCURRENCE $ OCCUR FICLAJMSMADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION S S C WORRERSCOMPENSATIONAND 752164 1010112018 1010112019 X w,5 ff U oTH- EMPLCYERSLIABILrnr EL EACHACGIDFM $ 1,000,DOO ANYPROPRIETOWARTNERI ECUTNE Y OFFlCEAR.IEMBERIEXCWDED4 EL DISEABE-EAEMFLO $ 1,000,600 DECULPROVISIONSbe . FI DISEASE.POLICYUMM S 1,000,000 OTHER DE$ GRWTION OF OPEMnONS I LOCMIDNS I V ERICLES I aCLUSIONS ADDED BY EN OORBEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANYOFTHEABOVEOESCRIBm POLICIES BE CANCELLED BEFORETHEEXPIRATION DATETHEREOF,THE ISSUING INSURERVRLL ENDWORTO MALL _DAYSWRIREN City of Ashland NOHCETOTNECMMRCATEHDLDERNAMEOTOTHEL .BU FA°.U tODOSOSHALL Its Officers, Agents, and Employees IMPOSE NO OBLIGATION ORLIABRRYOFANY HIND UPONTHEINSURER REAGENTS OR Ashland, OR 97520 REPRESENTATNES. A R® Gil (JAH) ACORD 25 (2001108) © ACORD CORPORATION 1988 Printed by JAH on October 22, 2018 at 01:48PM IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Printed by JAH on October 15, 2018 at 03:04PM _ 3 Southern Oregon Tree Care Quote #3970 P.O. Box 5140 r Central Point, OR 97502 Sent on 10/09/2018 Phone (541) 772-0404 Drinking Water Treatment Plant y+ Email lnfo@sotreecare.com 140D Granite St _ Ashland, Oregon 97520 Website www.SoTreeCare.com PRODUCT Tree Removal Cut and remove downed double trunk tree and stump in 1 $9,500.00 $9,500.00 Reeder Reservoir. Tree in drained section of reservoir. Improved road access both sides. Cut a ove downed tree and stump in the East Fork impoundment. artially in water. Road access on one side. Trees to be bucked into 8 foot sections an se o flood plane on site. Logs may -ha ad away if approved as we may pp~I tl em in our trucks for traction, otherwi eXe will dump on site if so directed. S s to be ground or set out of flood plane on site. equipmentused-overwateror-irrt47 area to utilize food grade oils. Wood Removal Optional second quote. 1 $3,500.00 $3,500.00 Cut logs from stump and remove logs only from impound areas to above specs. Stumps to remain in impound areas. Total $ 00.00 Also be sure to verify our license, and the license of any other contractors you are looking to hire. That can be done through this link - httpJ/www.oregon.gov/CCB/Pagesliindex.aspx Southern Oregon Tree Care is fully insured, licensed and bonded. CCB# 168007 Thank you for your businessl f Purchase Order Fiscal Year 2019 Page: 1 of: 1 TNI;3 P(DNUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING DOCUMENTS B City of Ashland ATTN: Accounts Payable L 20 E. Main Purchase L 0260 Ashland, OR 97520 Order# 2019 T Phone: 541/552-2010 p Email: payable@ashland.or.us V H C/O Water Treatment Plant E SOUTHERN OREGON TREE CARE 1 90 North Mountain Ave N PO BOX 5140 p Ashland, OR 97520 D CENTRAL POINT, OR 97502 Phone: 541/488-5345 O T Fax: 541/552-2329 R p 541 772-0404 Greg Hunter !5: ME Pill 11 10/24/2018 1008 FOB ASHLAND OR Cit Accounts Pa able - --=nit Price =E-xtended Pr Tree Removal 1 Remove tree in Reeder Gulch area of reservoir and remove tree 1 $3,500.0000 $3,500.00 in the East Fork impoundment of Ashland Creek. Services Agreement (less than $25,000) Completion date: 11/15/2018 Project Account: GL SUMMARY 081900 - 602353 $3 500.00 Date: Aut rized gnature PIS Total-= - $3,500.00.1 FOR CITY OF ASHLAND REQUISITION D'Q of request: 10-18-18 Required date for delivery: 11-15-18 Vendor Name Southern Oregon Tree Care LLC Address, City, State, Zip P. 0. Box 5140 Medford, OR. 97501 Contact Name & Telephone Number Willie Gingg 541.772-0404 Email address so reem o gmai .corn SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 co 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 # ® Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # 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 #4, Personal Services >$5K & <$75K Valid until: Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost REMOVE TREE IN REEDER GULCH AREA OF RESERVOIR AND REMOVE TREE IN THE EAST FORK IMPOUNDMENT OF ASHLAND CREEK. $ 3,500.00 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: IT Director Date Support -Yes /No By signing this requisition form, I. certify that the City's public contracting requirements have been satisfied. ` \ ? 5.xrzorir Employee: Department Head: : (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrate : (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