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HomeMy WebLinkAbout2022-144 PO 20230081- Southern Oregon Tree Care LLC Purchase Order CITY RECORDER Fiscal Year 2023 Page: 1 of: 1 B City of Ashland I ATTN: Accounts Payable Purchase L 20 E. Main 20230081 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V • H CIO Public Works Department E SOUTHERN OREGON TREE CARE, LLC I 51 Winburn Way N PO BOX 5140 p Ashland, OR 97520 CENTRAL POINT, OR 97502 Phone: 541/488-5347 O R I T Fax: 541/488-6006 . .r. + V ;a' 7 BQf:�¢_ ,.'r y .t---�_ a65,§; sl -�, - 1 s- a`r 9vr= _ 6 (541) 772-0404 Scott Fleury _It.a . 11:171' D-{ a 1�=i3 — e�R���1i.1,c I Ar± — -,y 'E'7 171:5 1 e e 07/25/2022 1008 FOB ASHLAND OR Ci Accounts Payable Hazard Tree Removal WTP 1 Removalofeight(8) hazard trees at the WTP 1.0 $17,600.00 $17,600.00 Goods and Services Agreement(Less than $35,000) Completion date: 12/31/2022 . Project Account: Project Account: ***************GL SUMMARY*************** 08 11500-602400 $6,600.00 0 • • 1 By: '� Date: /.-/L (Vat = z Authorized Signature ,A: :,17 600.00 ,. ---e' e ( FORM#3 % v CITY OF A request dor a PurchE se Order ASHLAND REQUISITION Date of request: 07/07/2022 ' Required date for delivery: 07/22/2022 , Vendor Name Southern Oregon Tree Care Address,City,State,Zip PO Box 3815 Central Point,OR 97502 Contact Name&Telephone Number Willie Gingg 541-772-0404 Email address info@sotreecare.com SOURCING METHOD : ❑ Exempt from Competitive Bidding ❑ Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached _(If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# O Verbal/Written bid(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or8) Contract# Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement IN (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until:_ (Date) Agreement approved by Legal and approved/signed by O Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES Removal of(8)hazard trees at the WTP and clean up of debris according to attached ITB. TOTAL COST' 1:7,600:00• ' Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 0 Per attached quote/proposal " tOTALCOST Project Number Account.Number 1 1 1 5 0 0.6 0 2 4 0 0 46/40O _., Account Number__ . __ _ Account Number'0 8 1 9 0 0. 6 0 2 3 5 3 41 its pQO . *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT D/rectorin collaboration with department•tovprove.all hardware and.software purchases:. IT Director Date Support=Yes/No By signing this requisition orm,I certify that the City's public contracting requirements have been satisfied. Employee: `%�— -7.-'-'''''1-e--e-e.---e" Department Head: ,7,: Ze Z Z— , ua o or greater than$5,000) - Department Manager/Supervisor: City Manager: - (Greater than$35.004) Funds appropriated for:current fiscal year Al NO ,pe ilAti 2 na Director:(Eguallo or greater than$5,000) Date Comments: $6,600 charged to 111500.602400.$11,000 charged to 081900-602353. .^_ Form#3-Requisition GOODS AND SERVICES AGREEMENT (LESS THAN $35,000) PROVIDER: Southern Oregon Tree Care CITY OF PROVIDER'S CONTACT: Willie Gingg ASHLAND 20 East Main Street ADDRESS: PO Box 3815 Ashland, Oregon 97520 Central Point, OR 97502 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-772-0404 This Goods and 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, (a domestic business corporation) ("hereinafter "Provider"), for removal of eight hazard trees at the Water Treatment Plant and cleanup of debris. 1. PROVIDER'S OBLIGATIONS 1.1 Provide removal of eight hazard trees at the Water Treatment Plant and cleanup of debris 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; and • Workers' Compensation. 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 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care • 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 workers. 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 Requirements: If the amount of this Agreement is $24,050.68 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. 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$17,600.00 (seventeen thousand six hundred dollars) 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$17,600.00 (seventeen thousand six hundred dollars)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. Page 2 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care 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. 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Page 3 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Provider shall transfer all warranties to the City. 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 City's written Invitation to Bid dated May 30, 2022. • The Provider's complete written Quote dated June 10,2022. 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 Article 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; 5.1.2 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 December 31,2022,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. Page 4 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care 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—Public Works Department Attn: Tami Campos 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5587 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 PO Box 3815 Central Point, OR 97502 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. Page 5 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care , 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: SOUTHERN OREGON TREE CARE(PROVIDER): By: r By: h e ZSignature Printed Name ' Printed Name PV6t-V— wov_ts ot2zc-ret 9j7 Title Title 1 2t 12022_ 7.- Z Q- Z t tt Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. • Page 6 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE below must comply with City of Ashland laws regulating payment of a Jiving wage. $17 O per hour, effective June 30, 2022. • Pk/ The Living Wage is adjusted annually every ir June 301y the Consumer Price Index. • • Employees must be paid a portion of the fussiness of of heath care,retirement, living wage: • their employer,if the 401k,and RSefig le employer has ten or more cafeteria playas(including employees,and has received childcare)benefits to the i For all hours u under a financial assistance for the employee's amount ofvsrages_ service contract between their projector 4rrsieaess from the 4 employer and the City of of Ashland over r Note: For temporary and Ashland if the contr t $24,650_68; part--tome employees,the exceeds$24,050.68 or more Living gage does not apply' r lftheir employer is the City of to the first 10 fl hours worked > For all hours worked in a Ashland,inclining the Parks in any calendar year. For month,if the employeeand Recrea Department: more deteiTss please see spends 50%or more of the Ashland l rmiapal Code employee's time in th month > In calculating the living wage, Section 1.12.M. . working on a project or employers may a' the value For additional information: Call the Ashland City Manager's offace at 541-488-6002 or write to the City Manager, City Hall,20 East Main Street,Ashland,OR 97520,or visit the City's website at vrww.ashland_or_us. Notice to Employers: This notice must be posted in areas where it can be seen by all employees_ CITY OF ASHLAND Page 7 of 7: Goods and Services Agreement between the City of Ashland and Southern Oregon Tree Care Southern Oregon Tree Care Quote #6705 tr yet� P.O.Box 3815 ,y Central Point,OR 97502 ,� 5� Sent on 06/10/2022 Phone 541 772-0404 Kevin Caldwell r> ",k i , Email Info@sotreecare.corn l Granite Street °' 'r " (Water Treatment Plant) s Website www.SoTreeCare.com Ashland,Oregon 97520 PRODUCT/SERVICE DESCRIPTION QTY. UNIT PRICE TOTAL Tree Removal Remove 1 Maple and 2 Fir behind historical building,no 1 $17,600.00 $17,600.00 clean up. Remove 1 Fir across creek from plant,no clean up. Remove 3 dead Fir above driveway,may be some fence damage,haul brush, leave wood if stable. Remove 1 large Fir across creek below main gate,leave stump with short log, haul remaining wood and brush on creek side. Total $17,600.00 Client accepts responsibility for obtaining any permits that may be required by any governing body i.e.city,homeowners associations,CC&R's etc. 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- http://www.oregon.gov/CCB/Pages/i ndex.aspx Southern Oregon Tree Care is fully insured,licensed and bonded.CCB# 168007 Thank you for your business! 1 of 2 pages Southern Oregon Tree Care .r Quote #6705 P.O.Box 3815 Central Point,OR 97502 •, X Sent on 06/10/2022 Phone (541)772-0404 Kevin Caldwell6„ Email Info@sotreecare.com Granite StreetU � x� ! : Website www.SoTreeCare.com (Water Treatment Plant) Ashland,Oregon 97520 Notes Continued... Signature: Date: 2 of 2 pages CITY OF ASHLAND July 7, 2022 RE: Bids for WTP Hazardous Tree Removal To Whom it May Concern: I issued an ITB for the hazard tree removal at the WTP on 5/30/22. I personally met with each of the following three companies for bids. Below are the bid results. Southern Oregon Tree Care. We met at the WTP to discuss the project on 6/9/22. They submitted a responsive bid for$17,600 before the ITB deadline on 6/10/22. Frison Tree Service. We met at the WTP to discuss the project on 6/3/22. They failed to submit a bid before the ITB deadline (still no bid today). Beaver Tree Service. We met at the WTP to discuss the project on 6/8/22. They failed to submit a bid before the ITB deadline (they declined to bid via email). Kevin Caldwell Senior Project Manager City of Ashland Public Works Engineering Tel:541/488-5347 zo E.Main Street Fax:541-/488-6006 ��, Ashland,Oregon 97520 TTY: 800/735-2900 www.ashland.o,Lis CITY OF FORM #2 AS H LAN D INVITATION TO BID—I1 D S I _ESj INTERMEDIATE PROCUREMENT Release date: May 30,2022 Requested by: Kevin Caldwell,Project Manager,City of Ashland kevin.caldwell c@i ashland.or.us 541-552-2414 Bids are due by: June 15,2022 Project name: Ashland Water Treatment Plant Hazardous Tree Removal Job site location: Ashland Water Treatment Plant, 1400 Granite St Ashland,OR 97520 Project completion required by: December 31,2022 Preferred method of shipment for materials/equipment(if applicable): FOB Ashland—Freight Prepaid Bids may be emailed or hand delivered.Contractors shall submit bid on their company letterhead. Informal email bids and/or late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for the services and provide insurance certificates in their own name for General Liability,Automobile and Workers'Compensation.Workers' Compensation insurance is mandatory.Subcontracting will not be permitted. "OR EQUAL":Any brand name listed in the specifications as"or equal"or"or equivalent"shall establish the minimum requirements for quality,utility, durability,function,purpose,etc.,Other product brands may be offered that are equal to or better than the product brand name.Bidder may show cost difference,alternates and options in the space provided in the quote.This clause is not meant to be restrictive,but to set the minimum standard.THE CITY SHALL DETERMINE,IN ITS SOLE DISCRETION,WHETHER A PRODUCT OFFERED IS"EQUAL."When the designation is"or equal"or "equivalent"City shall make its decision after Bid Closing. SCOPE OF SERVICES Remove (8)hazard trees at the Water Treatment Plant and dispose of limbs,trunks and all other associated debris. Trees are identified for removal with yellow ribbon. No other trees are authorized for removal unless necessary for the removal of the identified trees. Protect all fencing,buildings, equipment and vehicles. Bidder to arrange a pre-bid meeting at the Water Treatment Plant with Project Manager listed above. All Pricing Must Be Held Finn For 30 Days Method of Award:ORS 279B.070 Intermediate Procurements. (4)If a contract is awarded, the contracting agency shall award the contract to theofferor whose quote or proposal will best serve the interests of the contracting agency taking into account price as well as considerations including .but not limited to, experience, expertise,product functionality,suitability for a particular purpose and contractor responsibility under ORS279B.110. Form#2—Intermediate Procurement,Invitation to-Bid,Trade Services,Page 1 of 1,7/7/2022 rat CITY OF FORM #4 ASHLAND DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to$75,000 To: Joseph L.Lessard,City Manager From: Scott Fleury,Public Works Director Date: July 7,2022 Re: DETERMINATIONS TO PROCURE PERSONAL-SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make fmdings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. Background There are several very hazardous trees that need to removed surrounding the Water.Treatment Plant in order to protect the structures and equipment present at the WTP. The removal of hazardous trees such as these requires very specialized training and experience that City staff do not have. It is in the best interest of the City to contract out this work to a company that has the specialized experience and training. Pursuant to AMC 2.50.120(A),has a reasonable inquiry been conducted as to the availability of City personnel to perform the services,and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City of Ashland does not have the personnel to safely perform the work described above. Requested by: - ,` Date: .' :.20 LL. He:SiVnti Approved by: Date: City Manager Comments: Form#4-Department Head Determinations to Procure Personal Services,Page 1 of.1,7/7/2022 ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDDIYYYY) 07/20/2022 PRODUCER Phone:541-779-0177 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 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford, OR 97504 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: United Specialty Insurance Company Southern Oregon Tree Care LLC INSURER B: Mutual of Enumclaw 14761 PO Box 3815 INSURER C: SAIF Corporation Central Point,OR 97502 INSURER D: I 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 ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE IMMIDDIYYI DATE IMMIDD/YYI UMITS GENERAL UABIUTY CCP-1050804 03/0912022 03/09/2023 EACH OCCURRENCE $ 3.000.000 AMAGE TO RENTED A Y X COMMERCIAL GENERAL LIABILITY PREM SES(Ea occurenca) $ 100.000 CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY a 3.000,000 GENERAL AGGREGATE $ 4.000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ included POLICY�PRO- n — JECT ! 1 LOC B Y AUTOMOBILE UABIUTY BAP0004681 11101/2021 11/01/2022 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE--_..E.----.---_—-- (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 5 — ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 77 OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ C WORKERS COMPENSATION AND 752164 10/01/2021 10/01/2022 X MEATTill- EMPLOYERS'UABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 1,000 000 SP CIAL PROVIISIIONS below f E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN City of Ashland, 20 E. Main St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO 00 SO SHALL Ashland,OR 97520 IMPOSE NO OBUGATION OR LIABIUTY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AU RIZED E I (JAH) ACORD 25(2001108) Printed by JAH on 07/20/2022 at 11:15AAM ©ACORD CORPORATION 1988 • 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(2001/08) Printed by JAH on July 20,2022 at 11:15AM COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or"personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services,including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment,training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused required by the contract or agreement to the "bodily injury"or"property damage", or the provide for such additional insured. offense which caused the "personal and A person's or organization's status as an advertising injury", involved the rendering of or tadditional insured under this endorsement ends architectural,c fae to render any profes eying when your operations for that additional insured eengineering or surveying are completed. services. CG 20 33 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or of"your work" out of which the 2. Available under the applicable limits of b. That portionY insurance; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable limits of insurance. operations for a principal as a part of the same project. Page 2 of 2 ©Insurance Services Office, Inc.,2018 CG 20 33 12 19