HomeMy WebLinkAbout2025-062 AGRMT Greenway Spray delete and reassign number - duplicate of 2025-015 AS 1,U,-1,LAND.0 IT Y, OFGoods and Services Agreement
City Information Contractor Information
City of Ashland Firm Name: Greenway Spray
Attn: Chance Metcalf Contact: Greg Steward'
20 East Main Street
Address: 3155 Old Stage Road
Ashland, Oregon 97520 Central Point, OR 97502
Phone: (541) 488-5587 Phone: (541) 622-9949
Email: chance.metcalfa@ashland.or.us Email: greg@greenwayspray.com
7greenwayspray.com
Contract Summary
Procurement Method: Direct award
Completion Date: 08/31/2025
Contract Amount: $ 5,310.00
Description of Services: Pre and Post Emergent Herbicide Application at the Ashland Airport
Supporting Documents: quote Dated: 02/19/2025
Dated:
Dated:
Dated:
This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter"City") and the Contractor listed under
Contractor Information above, (hereinafter "Contractor"), for the services listed under Description of
Services and the Supporting Documents as noted in the Contract Summary above.
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 the Supporting Documents, the,.Supporting
Documents shall be given precedence in the order listed above.The Contractor's initials herein
signify acknowledgment and agreement to this provision, if applicable, or if not sign "N/A".
The goods and services defined and described in the Supporting Documents shall hereinafter be
collectively referred to as"Work."
Page 1 of 8: Goods and Services Agreement between the City of Ashland and Greenway Spray
1. Term and Termination
1.1. 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 the
Completion Date indicated in the Contract Summary on page one of this Agreement unless
sooner terminated as provided in Subsection 1.2.
1.1. Time is of the essence. Time is of the essence for Contractor's performance of
each and every obligation and duty under this Agreement. City, by written notice to
Contractor of default or breach, may at any time terminate the whole or any part of this
Agreement if Contractor fails to provide the Work called for by this Agreement within the
time specified herein or within any extension thereof.
1.2. Termination
1.2.1. The City and Contractor may terminate this Agreement by mutual agreement at any
time.
1.2.2. 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.
1.2.3. 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.
2. Compensation
2.1. City shall pay Contractor the sum listed as the "Contract Amount" in the Contract Summary
on page one of this Agreement as provided herein as full compensation for the Work as
specified in the supporting documents.
2.2. In no event shall Contractor's total of all compensation and reimbursement under this
Agreement exceed the "Contract Amount" listed in the Contract Summary without express,
written approval from the appropriate Department Head or City Manager. Contractor
acknowledges that any work delivered, or expenses incurred without authorization as
provided herein is done at Contractor's own risk and as a volunteer without expectation of
compensation or reimbursement.
3. Contractor's Obligations
3.1. Performance. Provide the goods or services as set forth in the Supporting Documents
attached hereto and, by this reference, incorporated herein.
3.2. Nondiscrimination. Contractor 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 Contractor.
Contractor agrees to comply with all applicable requirements of federal and state civil rights
and rehabilitation statutes, rules and regulations. Further, Contractor 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
Page 2 of 8: Goods and Services Agreement between the City of Ashland and
business enterprise certified under ORS 200.055, in awarding subcontracts as required by
ORS 279A.110.
3.3. Subcontractor Notification. In all solicitations either by competitive bidding or negotiation
made by Contractor 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 Contractors of the Contractor's obligations under this Agreement and Title VI of the Civil
Rights Act of 1964 and other federal nondiscrimination laws.
3.4. Living Wage Requirements. If the amount of this Agreement is $26,429.65 or more,
Contractor 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. Contractor is also required to post the notice attached hereto as "Exhibit A"
predominantly in areas where it will be seen by all employees.
4. Contractor's Compliance with Tax Laws
4.1. Contractor represents and warrants to the City that:
4.1.1. Contractor shall, throughout the term of this Agreement, including any extensions
hereof, comply with:
• All tax laws of the State of Oregon, including but not limited to ORS 305.620 and
ORS chapters 316, 317, and 318;
• Any tax provisions imposed by a political subdivision of the State of Oregon
applicable to Contractor; and
• Any rules, regulations, charter provisions, or ordinances that implement or enforce
any of the foregoing tax laws or provisions.
4.1.2. Contractor further certifies that contractor is not in violation of any Oregon tax laws
referenced in ORS 305.380(4).
4.2. Tax Compliance Breach. Contractor'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 Contractor'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.
5. Insurance. Contractor 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 Each
policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall
include:
5.1. Commercial general liability -- with a combined single limit, or the equivalent, of not less
than $2,000,000 (two million dollars) per occurrence and $3,000,000 (three million dollars) in
the aggregate for Bodily Injury and Property Damage.
Page 3 of 8: Goods and Services Agreement between the City of Ashland and
5.2. Commercial Automobile Liability -- with a combined single limit, or the equivalent of not
less than $2,000,000 (two million dollars) for each accident for Bodily Injury and
Property Damage, including coverage for owned, hired and non-owned vehicles.
5.3. Additional forms: (See Attached)
5.4. Worker's Compensation. Contractor 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. As evidence of the
insurance required by this Agreement, the Contractor shall furnish an acceptable insurance
certificate prior to commencing any Work with limits not less than $500,000.
5.4.1. Workers' Compensation Exemption: If applicable, Contractor affirms and certifies that
it is exempt from providing Workers' Compensation per ORS 656.027.
Exemption criteria:
Contractor initials if exempt: Date:
6. Additional Insured/Certificates of Insurance. The Contractor shall name the City of Ashland,
Oregon, along with its elected officials, officers, and employees, as Additional Insureds on all
insurance policies (excluding Professional Liability and Workers' Compensation) necessary for
this Agreement. This inclusion applies solely to the services provided by the Contractor under this
Agreement. The Contractor's insurance must be primary and non-contributory. Before
commencing work, the Contractor must provide acceptable insurance certificates as proof of the
required coverage. These certificates must specify all parties included as additional Insureds,
treating each named and additional named insured as if they were covered under separate
policies, without increasing policy limits. Insuring companies or entities must be accepted by the
City. Upon request, the Contractor must provide complete copies of insurance policies and trust
agreements to the City.Additionally, the Contractor must provide an endorsement naming the City,
its officers, employees, and agents as additional insureds by the Effective Date of this Agreement,
accompanied by approved certificate(s) of insurance.
7. Indemnity. Contractor 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 Contractor or its officers, employees, contractors, or agents under this Agreement.
8. 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 addresses set forth above with a copy to:
City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
Page 4 of 8: Goods and Services Agreement between the City of Ashland and
6. Remedies
6.1. In the event Contractor 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:
6.1.1. Termination of this Agreement.
6.1.2. Withholding all monies due for the Work that Contractor has failed to deliver within any
scheduled completion dates or any Work that have been delivered inadequately or
defectively.
6.1.3. Initiation of an action or proceeding for damages, specific performance, or declaratory
or injunctive relief.
6.1.4. 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.
6.2. Default: The Contractor shall be in default of this Agreement if Contractor: commits any
material breach or default of any covenant, warranty, certification, or obligation under the
Agreement; institutes an action for relief in bankruptcy or has instituted against it an action
for insolvency; makes a general assignment for the benefit of creditors; or ceases doing
business on a regular basis of the type identified in its obligations under the Agreement; or,
without written authorization by the City, attempts to assign rights in, or delegate duties
under, this Agreement.
6.3. Liability Limitation. In no event shall City be liable to Contractor for any expenses related to
termination of this Agreement or for anticipated profits. If previous amounts paid to Contractor
exceed the amount due, Contractor shall pay immediately any excess to City upon written
demand provided.
7. General Provisions
7.1. Non-exclusive Agreement. City is not obligated to procure any specific amount of Work
from Contractor and is free to procure similar types of goods and services from other
Contractors in its sole discretion.
7.2. Independent Contractor Status. Contractor is an independent contractor and not an
employee or agent of the City for any purpose.
7.3. Statutory Requirements. The following laws of the State of Oregon are hereby incorporated
by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235
7.4. Assignment. Contractor 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. Contractor 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.
Page 5 of 8: Goods and Services Agreement between the City of Ashland and
7.5. Force Majeure. 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.
7.6. Deliveries F.O.B destination. Contractor shall pay all transportation and handling charges
for the Goods. Contractor is responsible and liable for loss or damage until final inspection
and acceptance of the Goods by the City. Contractor remains liable for latent defects, fraud,
and warranties.
7.7. Goods Rejection. The City may reject non-conforming Goods and require Contractor to
correct them without charge or deliver them at a reduced price, as negotiated. If Contractor
does not cure any defects within a reasonable time, the City may reject the Goods and cancel
this 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).
7.8. Goods Warranty Representation. Contractor 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.
Contractor shall transfer all warranties to the City.
7.9. 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.
7.10. Jurisdiction. 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.
7.11. Severance. 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 Contractor and the City set
forth in this Agreement.
8. Merger. This agreement and the attached exhibits constitute the entire understanding and
agreement between the parties. No waiver, consent, modification or change of terms of this
agreement shall bind either party unless in writing and signed by both parties. Such waiver,
consent, modification or change, if made, shall be effective only in the specific instance and for
the specific purpose given. There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this agreement. Contractor, by signature of its authorized
representative, hereby acknowledges that he/she has read this agreement, understands it, and
agrees to be bound by its terms and conditions.
Page 6 of 8: Goods and Services Agreement between the City of Ashland and
WITNESS WHEREOF, the parties have executed this Agreement in their respective names by their
duly authorized representatives as of the dates indicated below. This Agreement may be executed in
two counterparts, each of which shall be deemed an original,with equal force and effect as if executed
in a single document.
CITY OF ASHLAND: Greenway Spray(CONTRACTOR):
By: BY: c-1
V
Signature Signature
Scott Fleury PE - Public Works Director
Printed Name
3.31.2025 Printed Name
Date c�kx:�A .
Title
Date
Purchase Order No.
(W-9 is to be submitted with this signed Agreement)
APPROVED AS TO FORM:
Cam. �-
CityAttorney ..... . ..................................................
.................................................................................
Page 7 of 8: Goods and Services Agreement between the City of Ashland and Greenway Spray
CITY OF OREGON
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2024.
��. The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
portion of the business of of health care, retirement,
their employer, if the 401 K, and IRS eligible
employer has ten or more cafeteria plans (including
employees, and has received childcare) benefits to the
➢ For all hours worked under a financial assistance for the employee's amount of wages.
service contract between their project or business from the
employer and the City of City of Ashland over ➢ Note: For temporary and
Ashland if the contract $26,429.65; part-time employees, the
exceeds$26,429.65 or more. Living Wage does not apply
➢ If their employer is the City of to the first 1040 hours worked
➢ For all hours worked in a Ashland, including the Parks in any calendar year. For
month, if the employee and Recreation Department. more details, please see
o Ashland Municipal Code
spends 50/o or more of the ➢employee's time in that month In calculating the living wage, Section 3.12.020.
working on a project or employers may add the value
For additional information:
Call the Ashland City Manager's office 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 www.ashland.or.us.
Notice to Employers: This notice must be posted in areas where it can be seen by all employees.
A IT OF
& Greenway Spray LLC Estimate
00000 3155 Old Stage Road
Central Point, OR 97502 Date Estimate#
2/19/2025 192
Name/Address
City of Ashland Public Works/Engineering
51 Winburn Way
Ashland,OR 97520
Project
Description QtY Rate Total
Custom spray 18 acres of weeds at the Ashland Airport with pre and 18 295.00 5,310.00
post emergent herbicide.
Areas include:
Both sides of entry road
All taxiway asphalt cracks and edges stopping where it narrows to
the North.
Unpaved areas between the hanger doors.
611- 12"swath that follows the vegetative swale on the taxiway and
runway shoulders.
Signs, lights and reflectors will be treated individually 2' in all
directions with a rectangular spray pattern.
ROW along Dead Indian Memorial Road South entrance.
Interior fienceline along ROW and entry planters
Thank you for your business. Total $5,310.00
February 19, 2025
City of Ashland Public Works / Engineering
51VVinburnWay
Ashland, C}Rq752O
Attention:
Chance Metcalf
Project Manager
Chance,
Thank you for the opportunity to discuss the work you are interested in having performied at Ashland Airport.
The scope of work is focused onthe elimination of weed growth that is causing a deterioration of the asphalt
and is an obstruction to the lighting and reflectors along the taxiway and runway. Below iSa breakdown Ofthe
scope of work we discussed and how we plan on targeting each of these areas.
The following areas will be sprayed with eGPS guided and calibrated spray boom:
- Where visible cracks in the asphalt are closer than O' apart.
- Unpaved areas between the hanger doors.
- The outdoor airplane parking area that adjoins the South taxiway.
The areas below would be spot sprayed using a calibrated handgun:
- 15' around drains that lead directly to streams.
- Both sides of entrance road planters.
- Underneath all parked aircraft.
- Where the large fuel tanks are located.
- Signs and lights inside the 12' svva|eborder.
- The areas at the back ofthe two East airplane hangars,where the space is too narrow for equipment.
- ROW both sides of main entrance.
' |nteri0rfenCe|ine along ROW and entry planters
Below are the products that we have chosen to use and why we think they would best suit your needs:
- Alligare Glyphiosate 5.4 is a glyphosate product that is labeled for aquatic sites and airports, Greenvvay
Spray LLC will be using this product for all post emergent herbicide applications. G|yphosoteisesafe
contact herbicide that only affects vegetation iti6 sprayed on. |t doesn't contain a surfactant making ita
safer product where drainage iseconcern.
- Sonneofthevveedsvvevvi|| betargedn8arestarthisL|e, Nacknmustard, tarvveedendhenbit. The pre-
emergent application we recommend for the airport vegetative swale border is combination of
F|unniozazin and Esplanade. This chemistry is desirable because it binds with the soil and has a limited
ability to move off site. It also will target many of the weed seeds that you currently have in the existing
seed bed impeding seed germination this coming season.
- The pre-emergent we recommend for the cracks in the blacktop will be F|umk)zazjn. We use the same
active ingredient in vineyard rows for weed suppression at the base of the grape vines. It has
characteristics that allow k1V bind with day, so movement ig very limited.
- For safety reasons, Greenway Spray LLC will use the best surfactant package on the market. We would
use Crosshairby Wilbur-Ellis for our drift control. The Rogue Valley has seen many cases mfoff-target
applications and vve won't be one ofthem. For our spreader/sticker vve would use Rainier EA labeled for
airports and aquatic sites.
In advance of starting the work, we will be posting the areas to be sprayed 48 hours prior to any pesticide
application at the interior airport entrances. This istn notify the public of the work that will be taking place. We
will also coordinate with your office as to the date,time, and the method of application.
it will be necessary to time this application before the rainy season ends. To activate the pre-emergent,we will
need t0 receive atleast .5'' ofrain. VVe recommend this application take place no later than the end 0fMarch.
The application timing will be based on the weather forecast. With favorable weather vve don't see this project
taking more than 5 hours tocomplete. Our schedule is tightly booked this spring. Upon approval, and @written
notice to proceed, we will coordinate with your office to get the herbicide application done within five weeks.
Greenway Spray is committed to the safe application of herbicides with the least amount of environmental
impact, We do this by using products that will best control the target according to their site. We are licensed
through the Oregon Department nf Agriculture, bonded, and insured, Herbicides will not be,sprayed onground
that has standing water. Reasonable buffers will be in place for all areas with water including streams, springs,
irrigation runoff and riparian areas. Native plants and trees will NOT be sprayed,only the areas previously
approved byyou.
Greanvvay Spray isa safety-first company. We supply our team with up-tn-date training in safe pesticide
handling and application. | have anextensive background in herbicide selection and application and will be on
this project throughout.
We appreciate your interest in Greenway Spray and look forward to doing business with the City of Ashland. If
you have any questions or concerns regarding the attached estimate, please feel free to contact me directly.
Sincerely,
Greg Stewart,Owner
Greenxvay Spray LLC
AG-L1015139CPA
AG-L1030214CPO
� CERTIFICATE OF LIABILITY INSURANCE DATE CMIrldC16)rY'YYYg
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OW,NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE CIF 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(lels) 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
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
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CERTIFICATE MAY BE ISSUED OR, MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
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CERTIFICATE HOLDER CANCELLATION
CITY OF A HLAND
20 EAST MAIN ST SHOULD ANY CIF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
A HLANND,OR.I917620 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
0198E-2015 ACORD CORPORATION. All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
Produced using Forms Boes Wears software,www.For1nseoss.c0m;?Impressive Putdishing 800-208.1971
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Oregon Workers' Compensation
Certificate of Insurance
Certificate holder:
CITY OFASHLAND
20 EAST MAIN STREET
ASHLAND. ORA752O
The policy of insurance listed below has been issued to the insured named below for the policy period
indicated.The insurance afforded by this policy |s subject to all the terms, exclusions and conditions of
such policy;this policy is subject to change or cancellation sd any time.
Insured Producer/nomtaoL
Greenvvoy Spray LLC SA|F Corporation
3155 Old Stage Rd SA\FCorponatinn
Central Point, DrA7GO2-1478
Issued 03/31/2025 Limits ofliability
Policy 857801 Bodily Injury byAccident $1.00D'UUU each accident
Period 02/01/2025tu02/01/2026 Bodily Injury byDisease $1.0OO.0UO each employee
Body Injury byDisease $i.0OO.0OO policy limit
Description qf operation s/|mcodons/specia| items
Important
This certificate is issued as matter ofinformation only and confers no rights ho the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policies above.This
certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the
certificate holder.
Authorized representative
Chip Terhune
President and CEO
400 High Street 5E
Salem,OR 97312
P.800.2858525
p. noa.sa4,pe1u
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