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HomeMy WebLinkAbout2019-192 20190102 Beaver Tree Service, Inc GOODS& SERVICES AGREEMENT PROVIDER: Beaver Tree Service CITY OF PROVIDER'S CONTACT: Clarence Wangle ASH LAN D 20 East Main Street ADDRESS: 270 Wilson RD, Central Point, OR 97502 Ashland, Oregon 97520 Telephone: 541/488-5587 PHONE: 541-541-779-7072 Fax: 541/488-6006 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Beaver Tree Service("hereinafter"Provider"), for tree removal and stump grinding at 875 Glendower ST,Ashland OR. 1. PROVIDER'S OBLIGATIONS 1.1 Provide removal of cedar tree and grinding of the stump described in quote 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 goods and 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 • 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. Page 1 of 5: Agreement between the City of Ashland and Beaver Tree Service • 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$800.00 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$800.00 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. 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 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. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Beaver Tree Service 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 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 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; 5.1.2 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 6-30-2019, unless sooner terminated as provided in Subsection 6.2. 6.2 Termination Page 3 of 5: Agreement between the City of Ashland and Beaver Tree Service 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— Street Department Attn: Avram Biondo 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 488-5313 With a copy o:. City of Ashland— Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Beaver Tree Service Clarence Wangle 270 Wilson RD Central Point, OR 97502 Phone: 541-482-3667 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: Page 4 of 5: Agreement between the City of Ashland and Beaver Tree Service L (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. CITY OF ASHLAND: Beaver Tree Service (PROVIDER): By: By: (i�Gri I' Signature Signature Pkuc,4 G OR-um/xi C-\ar 2rc e LlpAn9( -e Printed Name Printed Name rki P1 efv2 -'� eS e�^ Title Title (6 iui' 2a/6 -7—\3—k5 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. „7--a ( / Page 5 of 5: Agreement between the City of Ashland and Beaver Tree Service BEAVER .. .f.a.; : IJhhl?lt %. °,,. , LINIll—I'I' TREE SERVICE PROMPT ~,1• hrkc.•, c,,_ PROFESSIONAL - TREE SERVICE •, � OFFICE: 54'1-779-7072 TREE CARE 541-482-3667 Office SINGE WN/W_BEAV ERTREE_NET 'I 984 www"upperlimbit.net JOB PROPOSAL Cuatt,o mar--, Oats: LL is " C/"�- �I` l 7 /1 2e_ '( P- Address:_�� Ph/o�ne: - '' 3 T!/ ' '2 Jab Locations (If Olffarwnt): _ G.e--L��-Lf )i✓'�_._ Services Price Pruning: 1 COEN 173011 BEAVER TREE SERVICE Inc Prompt professional service since 1904 Phone:541-779-7072 Clarence Wangle Cell:541-021-6733 ISA Certified Arbodst Fax:541-665-5858 info©beavenfae.net Pruning•Removal•Stump Grinding•Storm Dema90 Clean-up Remover 1__ .j 9:).„,.._____t_.„-,-- -....7 - Clean-Up Oetalls: Haul Away All Debris .J Cut Wood to Firewood Lengths 'J Haul Away Brush Only Li Leave All Debris Stump-Grinding: iJ Rake Grindings Back Into Hole aul Away Excess Grindings Char Remarks: T ©0 C) e 11 ' 270 Wilson Road, Central Point, OR 97502 • CCU Number: 1736.14 • ax ID Nllumber: 20-5639553 1 Page 6 of 5: Agreement between the City of Ashland and Beaver Tree Service A, E® DATE(MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 7/13/2018 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 LUNIALI Marc)Zimick N AME: Roland King Insurance dba RKI (A/C No,,Ext); Off:5414511313 I FAX No): L Marci rkiine.com 1175 S.Main[P0 Box 1571 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Lebanon OR 97355 INSURER A: Nova Casualty Company INSURED INSURERS: Beaver Tree Service Inc INSURER C: 270 Wilson Rd INSURER 0: INSURER E: Central Point OR 97502 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. MOH TYPE OF INSURANCE NSD SNND POLICYNUMBER POLICYtFF POLICY tXP LIMITS (MM/DO/YYYY) IMMIDOIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE El OCCUR PREMISES(Ea occurrence) $ 100000 MED EXP(Any one person) $ 15000 A Y ARB-ML-10000362-00 05/26/2018 05/26/2019 PERSONAL&ADV INJURY $ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 POLICY rim fLOC PRODUCTS-COMP/OP ACC $ 2000000 X OTHER: AUTOMOBILE LIABILITY UUMUINLUSINULE LIMIT $ 1000000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S a AUU TOS S AUTOS A O —SCHEDULED ARB-ML-10000362-00 05/26/2018 05/26/2019 BODILY INJURY(Per accident) $ X HIRED AUTOS _AUTOS�EO (Peracciident)AMAt,G S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE S DED I RETENTION$ S WORKERS COMPENSATION I STATUTE I IERIH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE p NIA E.L.EACH ACCIDENT 3 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes.describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD Tai,Additional Remarks Schedule,may be attached If more space is required) The City of Ashland,their officers,agents and employees are named as additional insured for work performed by the above named insured during the current policy period. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Street Division AUTHORIZED REPRESENTATIVE 90 N.Mountain Ave. 14,4- 9l I Ashland,OR 97520 IIW� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I — COVERAGES, COVERAGE A • BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows: 1. EXPECTED OR INTENDED INJURY EXTENSION Paragraph a. Expected Or Intended Injury is deleted and replaced by the following: a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. NON OWNED WATERCRAFT EXTENSION Subparagraph (2) of g.Aircraft,Auto Or Watercraft is deleted and replaced by the following: (2) A watercraft you do not own that is: a. Less than 52 feet long; and b. Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. 3. PROPERTY SOLD OR ABANDONED BY YOU Subparagraph (2) of j. Damage To Property is deleted and replaced by the following: (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was transferred or abandoned. 4. The last paragraph of 2. Exclusions Is deleted and replaced by the following: Exclusions c. through n.do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. B.- ADDITIONAL INSUREDS 1. SECTION II -WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured to your policy, but only for liability arising out of"bodily injury," "property damage," or "personal and advertising injury". a. This endorsement applies only if the written contract or written agreement is: (1) Currently in effect or becomes effective during the term of this policy; and (2) Executed prior to the"bodily injury","property damage",or"personal and advertising injury". b. The insurance afforded to such additional insured only: (1) Applies to the extent permitted by law;and • (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. The insurance provided to the additional insured by this endorsement applies as follows: a. The person(s) or organization(s)is an additional insured but only for liability caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises owned by or rented to you; or (2) In the performance of your ongoing operations. AGL01350116 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. INSURED • COMMERCIAL GENERAL LIABILITY b. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to"bodily injury,""property damage,"or"personal and advertising injury"arising out of the rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory,inspection,or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured,if the"occurrence" which caused the"bodily injury"or"property damage", or the offense which caused the"personal and advertising injury",involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such additional insured and does not apply to any "occurrence" which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent, or control, this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners,or decoration and similar exposures; (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance, or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government,state or municipality. f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises. g. If the additional insured is grantor of franchise, that person(s) or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or other interest from whom land has been leased, that person(s) or organization(s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. This insurance does not apply to: (1) My"occurrence"that takes place after you cease to lease that land; (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. i. If the additional insured is a mortgagee, assignee, or receiver, that person(s)or organization(s)is only an additional insured with respect to their liability as such and arising out of the ownership, maintenance or use of the premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. j. If the additional insured is a controlling interest, that person(s) or organization(s) is an additional insured but only for their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that controlling interest. k. If the additional insured is a vendor,that person(s)or organization(s)is only an additional insured with respect to "bodily injury" or "property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business, but only if this policy provides coverage for"bodily injury"or"property damage" included within the"products-completed operations hazard." AGL01350116 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission, INSURED COMMERCIAL GENERAL LIABILITY (1) This insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacture for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container; (e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of"your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub-Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products". (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container entering into, accompanying or containing such products. 3. With respect to the insurance afforded to an additional insured as provided in paragraphs B.1. and B.2. above, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This insurance shall not increase the applicable Limits of Insurance shown in the Declarations. If an Additional Insured endorsement is attached to this policy that specifically names a person or organization as an insured, then the above Subsection B. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s). 4. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance, is amended to include: As respects the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory. C. SECTION II -WHO IS AN INSURED is amended as follows: BROADENED NAMED INSURED Paragraph 3. is deleted and replaced by the following: 3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof)will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%, the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion of its Limit of Insurance. D. Paragraph 6. of SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: Subject to paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under AGL01350116 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. INSURED ACOREP CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07/13/2018 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 have ADDITIONAL INSURED provisions or 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 NAME: Debbie D Reed Insurance Marketplace,Inc. inc./ No.EMI: (541)779-0177 (Am,No):(541)772-8235 1998 Sky Park Dr ADDARESS: debbie@insmarket.com Medford, OR 97501 INSURER(S)AFFORDINGCOVERAGE NAICS INSURER A: SAIF INSURED INSURER B Beaver Tree Service Inc INSURERC: 270 Wilson Road INSURERD: Central Point, OR 97502 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 3 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD VW'D POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ POLICY 'E LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) _ $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ A WORKERS COMPENSATION 633691 07/01/2018 07/01/2019 STATUTE ERH AND EMPLOYERS'LIABILITY -- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? I N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Public Works-Street Div ACCORDANCE WITH THE POLICY PROVISIONS. 90 N Mountain Ave Ashland, OR 97520 AUTHORIZED REPRESENTATIVE CE- ILLCL/ (DDR) ©1988-`2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by DDR on July 13,2018 at 10:53AM s Purchase Order WA ITY RECORDER VMS Fiscal Year 2019 Page: 1 of: 1 —Bier'az=,2 3 1• - - _ -} B City of Ashland I ATTN: Accounts Payable Purchase L L 20 E. Main Order# 20190102 Ashland, OR 97520 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Street Division E BEAVER TREE SERVICE, INC 1 90 North Mountain Ave N 270 WILSON ROAD p Ashland, OR 97520 D CENTRAL POINT, OR 97502 Phone: 541/488-5313 R T Fax: 541/552-2304 R O _ 7_s=16 51e1d'_®lalitz.j glee sI=1 Isla[=6ATI5is8 EI=13 «-1.[ii iiil=a 0161681=I=1�� ---._ .1-111 S'LE#TiC=l-"_=1®IP: 541 664-1614 Avram Biondo =1 t-�= I=g:im– vir=11€laiMc1= mgrii3 L-4-Ial 11e'I= ,0E-11*_iri–E- li ik..i=1 3-1€681=—=-I -- --1.151-iiwiziA---- {iisl§ - 07/16/2018 290 FOB ASHLAND OR Cit Accounts Pa able =Item* D I-5 6 . =h. _ ' --P --6l=1e'14,_ e_Wi 04-El"--4. r19 1.'?° Tree removal/Stump grinding 1 Removal and stump grinding of cedar tree at 875 Glendower per 1 $800.0000 $800.00 attached quote. Goods & Services Agreement Completion date: 06/30/2019 Project Account: ............... GL SUMMARY ............... 081200-602400 $800.00 .-% fi e �_ ` el . ... /l +t. w By, 4,-� Date: /A orize•,gnature OFNMtal $800.00 FORM #3 CITY OF • af, Teri>> 9 : >>) ;;�ae>: aft ASHLAND REQUISITION �/-9 /tf ( q t- f Daeofr�: 7-16-2018 VV Required date for delivery: 6-30-2019 Vendor Name - Beaver Tree Service • Address,City,State,Zip 270 Wilson RD,Central Point,Oregon 97502 Contact Name&Telephone Number Susan Marshall 541-779-7072 Email address suzie @beavertree.net • 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 copy of council communication) _(If council approval required,attach copy 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# 1 VerbalNVritten quote(s)or proposal(s) —(Attach dopy of council communication) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other govemment 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) ❑ Form#4, Personal Services$5K to$75K Valid until: (Date) —(Attach copy of council communication) Description of SERVICES Total Cost • Removal and stump grinding of cedar tree at 875 Glendower per quote. $800.00 Item# Quantity Unit Description of MATERIALS • Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $ Project Number _ _ _ Account Number - Account Number - - Account Number _ 081200-602400 _ *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 JJthe City's public lic contracting requirements have been satisfied. Employee: t� i t t;#e`,/ W Dtto€ Department Head: / K '/ / /b✓ac 2-et$ (Equal to or greater than$5,000) Department ManagerlSupervisor: City Administrator: (Equarto or greater than$25,000) Funds appropriated for current fiscal year YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition •