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HomeMy WebLinkAbout2012-269 Contract - Upper Limb It Tree SRVC Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Upper Limb It Tree Service ASHLAND CONTACT: Randolph P. Mason 20 East Main Street Ashland, Oregon 97520 ADDRESS: 77 Manzanita Street #3, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-601-6324 DATE AGREEMENT PREPARED: 10/29/2012 FAX: BEGINNING DATE: 10/30/2012 COMPLETION DATE: December 31, 2012 COMPENSATION: $3,525.00 ($1,825.00 for 13 trees on the Plaza and $1;700.00 for 14 trees throughout downtown, including Ashland Libra and Pioneer Parkin Lot Per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Tree pruning per proposal attached as Exhibit C and Plaza Tree Pruning List attached as Exhibit D. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 2796.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $19,494 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor i who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels i Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 1 of 5 J sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of 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 City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this 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 Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 2 of 5 i the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If - requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. 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 CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contr c or: City ABy By ~t Qn1l'i MA .4 Signature Dep rtment Head OAJ6 KArJP6R A rint acme Print Name d)la/ I0I29/1~- Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is 2 subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS ° has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: a (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. a Contract r (Date) Contract for Goods and Services Less than $25,000, Revised 06/3012012, Page 4 of 5 Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, OR. 97520 Phone(541)488-5340 Fax (541) 488-5314 PRICE QUOTATION SPECIFICATIONS & PROPOSAL FORM for DOWNTOWN ASHLAND TREE PRUNING 2012 Instruction to Vendors Pg. 2-3 Specifications Pg. 4-6 Sample Price Quotation Form Pg. 6-7 Tree List Exhibit B Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, Or. 97520 Phone (541) 488-5340 Fax (541) 488-5314 Instruction to Vendors A. Deadline for Submitting Proposals Proposals addressed to the Ashland Parks and Recreation Department will be received at the Department Office in upper Lithia Park, 340 S. Pioneer Street, Ashland, Oregon 97520 until: 1:00 p.m., Thursday, October 25, 2012 Proposals may be delivered via mail, fax or in person. A contract for the work will be awarded within 15 working days after the deadline for receiving proposals. B. Site Orientation Meeting In order to be eligible to submit a proposal for this project, all vendors must attend a "Site Orientation Meeting" at 8:00 a.m., on Wednesday, Oct. 17, 2012 at the Front of Lithia Park, Ashland, Oregon. C. Proposal Form All proposals must be made upon the attached original blank proposal form and should give the price for the work both in words and figures. The form must be signed and acknowledged by the vendor in accordance with directions in the proposal form. The legal status of the vendor must be stated in the proposal. A corporation vendor must name the state in which its articles of incorporation are held; a partnership must give the full names and addresses of all partners. Please keep the original specification form for your records. D. Examination of Plans. Specifications and Work Site It is understood that the vendor, before submitting a proposal, has made a careful examination of the plans, specifications and contract form; is fully informed as to the quality and quantity of materials and the character of the work required; that the vendor has attended the required "Site Orientation Meeting" and walk through. The Department will in no case be responsible for any loss or for vendors failure to acquire full information in advance in regard to all conditions pertaining to the work. PROPOSAL AND SPECIFICATIONS PAGE 2 Tree Pruning in Lithia Park 10/42012 E. Proposal Acceptance or Reiection The Ashland Parks and Recreation Department reserves the right to accept or reject any or all proposals deemed in its best interest. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected. The acceptance of the proposal will be a notice in writing signed by a duly authorized representative of the Department. The acceptance of the proposal shall bind the successful vendor to execute a contract and to be responsible for liquidated damages as provided or execution of contract and damages for failure to execute. The rights and obligations provided for in the contract shall become effective and upon the parties only within its formal execution by the Department Director or his delegated representative. F. Time Frame The vendor shall commence the work after receiving a notice to proceed, and shall complete the Plaza work no later than November 19, 2012. The downtown and parking lot trees shall be completed by December 31". The vendor shall be accessed $75.00 per day for work not completed by the deadlines, until the entire project is accomplished. The completion date will be extended for those days deemed unsafe to work due to adverse weather conditions. This decision must be agreed upon between the Contractor and Park Horticulturist, and decided by Friday at the end of each week. Notice will be by telephone and then by mail. G. References and Qualifications The vendor is required to submit proof of International Society of Arboriculture certification. The vendor is required to submit a city business license from the City of Ashland. The vendor is required to submit proof of auto insurance. All vendors who have not previously performed pruning work for Ashland Parks & Rec. Dept. shall submit a minimum of three (3) references from previous work performed within the last two (2) years in the Medford-Ashland area. Additionally, all vendors who have not previously performed pruning work for Ashland Parks & Rec. Dept. shall submit a list containing a minimum of three (3) former job sites where work was performed within the last two (2) years within the Medford-Ashland area that can be visually inspected by the Department. Both the reference list and work list shall be attached to the proposal at the time it is submitted. PROPOSAL AND SPECIFICATIONS PAGE 3 Tree Pruning in Lithia Park 10/42012 Specifications and Tree List A. Scope of Work To perform professional, skilled work in the pruning of trees in Ashland's downtown system. B. Pruning Goals 1. Lightening of limbs to prevent storm damage. 2. Structural pruning to eliminate weak branch unions. 3. Elimination of deadwood and stubs, cutting outside the woundwood tissue that has formed around the branch. 4. Thinning to give better light penetration and air circulation. 5. Structural pruning to reduce the risk of branch or trunk failure. 6. Reduce end weight on heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3 inches near the ends of the scaffolds. 7. Interior branches shall not be stripped out. 8. Pruning cuts larger that 4 inches in diameter, except for dead wood, shall be avoided. 9. While in the tree, the arborist shall perform an aerial inspection to identify defect that require treatment. Any additional work needed shall be reported to the Park Horticulturist. C. Inspection and Approval Inspection of vendor's work shall be done by the Park Horticulturist. Periodic inspections will be made by the Park Horticulturist to determine that the quality of work is proceeding according to specifications. D. Safety and Protection Vendor will insure that safe equipment and working practices will be used throughout the project. Special care will be exercised to protect the public. A grounds person will be required for all work unless an exception is made by the Park Horticulturist. Vendor shall protect all sidewalks, landscaping, and buildings in the work area from damage. Safety Standards should be in accordance with the American National Standard Tree Care operations (ANSI A300-1995 available for reference in the Department office). E. Clean Up The vendor will be responsible for all clean up. F. Other Specifications 1. All pruning shall be done in accordance with the Tree-Pruning Guidelines of the Western Chapter of the International Society of Arboriculture (a copy omfile at Ashland Parks and Recreation Department)., and /or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI Z133.1. 2. Trees to be pruned must be climbed without the use of spurs unless permission has been obtained from the Park Horticulturist. 3. If the contract exceeds $15,964, then the contractor must meet the City of Ashland Living Wage Requirement of $13.53 per hour. 4. Lifts and bucket trucks may be operated only on paved areas. PROPOSAL AND SPECIFICATIONS PAGE 4 Tree Pruning in Lithe Park 10/4/2012 Contractor's Insurance and Indemnity All persons performing work must be covered by Contractor's insurance and indemnity plan. Contractor shall, at Contractor's own expense, at all times during the term of this agreement, maintain in force a comprehensive or commercial general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, Owner's and Contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000.00 per occurrence (combined single limit for bodily injury and property damage claims) or $500,000.00 per occurrence for bodily injury and $100,000.00 per occurrence for property damage. Liability coverage shall be provided on an occurrence not claims basis. The Ashland Parks and Recreation Department, its officers, employees and agents shall be named as additional insured. Certificates of insurance acceptable to the Ashland Parks and Recreation Department shall be filed with the Department prior to the commencement of any services by Contractor under this agreement. These certificates shall contain provision that coverage afforded under the policies can not be canceled and restrictive modifications cannot be made until at least thirty (30) days prior written notice has been given to the Department. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. The Contractor, its Sub-contractors, if any, and all employers providing work, labor, or materials under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with O.R.S. 656.017, which requires them to provide workers' compensation coverage that satisfies Oregon Law for all their subject works. This shall include Employer's Liability Insurance with coverage limits of not less than $100,000.00 each accident. Contractors who perform the work without the assistance or labor of any employee need not obtain such coverage. Insurance carried by Contractor under this Contract shall be the primary coverage, and the Ashland Parks and Recreation Department's insurance is excess and solely for damages or losses for which the City is responsible. Contractor agrees to defend, indemnify and save Ashland Parks and Recreation Department, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subornation, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Contractor (including, but not limited to, Contractor's employees, agents, and other designated by Contractor to perform work or services attendant to this agreement). Contractor shall not be held responsible for damages caused by the negligence of the Ashland Parks and Recreation Department. The Contractor agrees that Contractor will be solely responsible for any damage or trespass to or upon adjacent property or injury thereto, resulting from or in connection with Contractor's operation, and that Contractor will defend, indemnify and hold the Department harmless from any claim, liability or obligation arising from such entry or trespass. PROPOSAL AND SPECIFICATIONS PAGE 5 Tree Pruning in Lithe Park 10/4/2012 H. Specific Tree List The specific list of trees to be pruned under contract is enclose 26 ees are on the list See Exhibit B PRICE QUOTATION FORM Ashland Parks and Recreation Department 340 So. Pioneer St. Ashland, Or. 97520 Phone (541) 488-5340 Fax (541) 488-5314 RE: Tree Pruning for Ashland Parks & Rec. The undersigned vendor declares that plans and specifications have been examined, the site(s) have been visited, and such investigation has been made as is necessary to determine the character of the materials and the conditions to be encountered in the work, and that if this price quotation is accepted, the undersigned vendor will contract with the Ashland Parks and Recreation Department for the work involved and will provide the necessary equipment, materials, tools, apparatus, and labor, in accordance with plans and specifications on file at the Department office under the following conditions: 1. It is understood that all work will be performed for a lump sum price and that for said lump sum price all services, materials, labor, equipment, and work necessary to complete the project in accordance with the specifications shall be furnished. If there is an increase in the amount of work to be covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will be earned; and, if there is a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and the Department. Furthermore, it is understood that any estimate with respect to time, materials, equipment or service which may appear in the specifications, is for the sole purpose of assisting the undersigned in checking their own independent calculations and that at no time shall the undersigned attempt to hold the Ashland Parks and Recreation Department, any Department employee, or any other person, firm, or corporation responsible for any errors or omissions that may appear in any estimate. 2. In addition to the proposal form, the vendor shall submit the following items: 1. Proof of International Society of Arboriculture Certification. 2. Three (3) references as stated in the "Instruction to Vendors". (if required-see p.3) 3. Three (3) jobs as stated in the "Instruction to Vendors".(if required-see p.3) 4. Proof of Contractor's and/or Landscape Contractor's license. 5. Proof of insurance needs to be on file before work commences. PROPOSAL AND SPECIFICATIONS PAGE 6 Tree Pruning in Lithia Park 10/4/2012 Proof of insurance needs to be on file before work commences. 3. The vendor shall commence the work after receiving a notice to proceed, no earlier than October 29, 2012, and shall complete all work no later than December 31, 2012. 4. The Ashland Parks and Recreation Department reserves the right to accept or reject any or all proposals deemed in its best interest. Without limiting the generality of the foregoing, any proposal which is incomplete, obscure, or irregular may be rejected. 5. Price quotation per specifications for pruning per specifications for Ashland Parks& Rec.: BID #1 p~ 13 trees on the Plaza list for a total cost of. $ D liars and cents v-Q Q1Q4 BID #2 J 141, EYE 13 trees on the downtown and parking lot list for a total cost of $ 'q Dollars and cents6nt? 1~0~ S it ~f .eve The foregoing price includes all labor, materials, equipment, overhead, profit, insurance and all other incidental expenses to cover the finished work of the several kinds called for. The price quotation is to be shown in both words and figures. Firm Name of Vendor j ~ State/Landscape Contractors o r' t ' r~ , %h 4 Authorized Signature of Vendor P4 421 ap ~ Official Title Date 101961 (~k State of Incorporation - if applicable Z Exhibit B Plaza Tree Pruning List October 2012 Species Location Scope of Work BID # 1 Tip prune for end weight 1 Sweetgum, Liquidambar Plaza & Main reduction. Street Clearance styraciflua both sides. Check holiday lighting for girdling Tip prune for end weight 2 Sweetgum, Liquidambar Plaza & Main reduction. Street Clearance styraciflua both sides. Check holiday lighting for irdlin Tip prune for end weight 3 Sweetgum, Liquidambar Plaza & Main reduction. Street Clearance styraciflua both sides. Check holiday lighting for girdling Tip prune for end weight 4 Sweetgum, Liquidambar Plaza & Main reduction. Street Clearance styraciflua both sides. Check holiday lightingforgi ling Tip prune for end weight 5 Sweetgum, Liquidambar Plaza & Main reduction. Street Clearance styraciflua both sides. Check holiday lightingforgi ling Reduce co-dominant stems, 6. Pyrus calleryana Plaza bldg. Mix end weight reduction if possible. 7 Pyrus calleryana 'Autumn 37 Main Renaissance Prune from building, street Blaze' rose clearance. 25 Main Thread Prune from building, :rune 8. Pyrus calleryana Hysteria for structure-reduce co- dom. stems Reduce co-dominant stems, 9. Pyrus calleryana Tree House books end weight reduction if ossible. Prune away from building. 10. Cedrus deodara Plaza Realty Street Clearance. Check holiday li tin for girdling 11. Fraxinus americona Plaza Info. Booth Building clearance, street clearance, structure pruning Tip prune for end wt. 12 Sweet gum, Liquidambar Inside Plaza Triangle reduction. Sucker removal. styraciflua Smaller of the two, Check holiday lighting for stem girdling 13. Pyr calletyana Red's Threads Tip prune for end wt. reduction. BID # 2 14. Pyrus c. 'Autumn Blaze' Bug a Boo Reduce end weight over street 15. Sweetgum, Liquidambar Corner Pioneer and Prune for end wt. reduction. styraciflua E. Main (OSF clock) Sucker removal Prune from building, street 16. Pyrus c. 'Autumn Blaze' Pita Pit clearance, structure pruning. 17 Sweetgum,Liquidambor Corner 3rd & E. Main Prune for end wt. reduction. styraciflua Sucker removal Prune for structure, end wt. 18. Raywood Ash (5) ✓ Pioneer Parking reduction for loads, Lot/Lithia Way clearance 13', deadwood, si and lam clearance. Pioneer Parking prune out deadwood, 19. Raywood Ash (J) Lot/North side, Fenceline clearance, form/structure Prune out deadwood, 20. Raywood Ash (2) ✓ Pioneer Street side clearance, form/structure Phlnv, od f- du wod 021. ~~I✓ur 1'Yla~(¢, h,~` ~ sfrucJvv SAOct.29. 2012•t 2:54PM lAshland Parks & Rec Main Off iceDE 1/001 No,0782rrvP. 1 ■ ■ ■ ■ www.balf.mm OREGON WORKERS COMPENSATION saiF CERTIFICATE OF INSURANCE f corporation CERTIFICATE HOLDER; ASHLAND PARK AND RECREATION DEPT ATT: ANNE THAER OR The policy of Insurance listed below has been Issued to the insured named below for the policy period Indicated. The Insurance afforded by the policy described herein Is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 741742 04/01/2012 to 04/01/2013 10/29/2012 INSURED: - BROKER OF RECORD: RANDOLPH MASON UPPER LIMB IT TREE SERVICE 77 MANZANITA ST ASHLAND, OR 97520-2640 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: ' IMPORTANT: The coverage described above is in effect as of the issue date of this certificate, It Is subject to change at any time In the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the Issuing Insurer, authorized representative or producer and the certificate holder. AUTHORIZED REPRESENTATIVE gr~~.1P l~~.d.~►~~ President and CE,OI 4001419h Street SE Salem, OR 97312 P: 800,285.8525 F: 503.373.8020 Pa1icy_0atctt_ctnPke rrnwonce ■ COct.29. 20121 1:58PM .5-FAshland Parks & Rec Main Office Wa NNo.0780 PP. 1 coRi~° CERTIFICATE OF LIABILITY INSURANCE 1oi912oi2m~ THIS CERTIFICATE 19 ISSUED AB A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE 0098 NOT CON$7iTUYE A CONTRACT BETWEEN THE ISSUING INBURGR(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. H the carllORsle halder Is an ADDITIONAL INSURED, the po fay lea must be endorsed, If S B G T 0 B WAIVED, subject 10 the [arms and candlUnns of the policy, certain pallet" may require an endomonlent A statement an this uM1lficats does not Confer dgbla 10100 caNOcste holder In Heu or euob endelsemenl s PRODUCER A e Michael A. Rush 1381 Center Dr, Suite 1n0 Medford, OR 97501 INGUB5610I aocovawaa IWCa afuRER A, Fire% Flnandal Insurance Company aaURED INBURER e Randolph P Masan wsUReRe 77 Men7anlle St DISUeERB: Ashland, OR 97520 M6URERE: 1ffQURERFj 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 WRH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rYPEaPNaL/1W/GE poLJCV erA P ADUra 54OF-000579 3/1812012 31182013 EACH OwtRREN f 1,000.000.00 X mWMeRcuu. aEREtQ erly PREWSra omA,ace S 100,000.00 A LZADIS"DE k OCCUR Mm ExP M oa Pw.o,) f 8,000.00 PCASGNA KA Oum'v f 1 OD0 000.00 GEMEAAL AGGIIENIF 6 2,000,000.00 o6Nr.oGREGATeutiarAFVL1EePEn PRooucra-coAs 2,000,000.00 IXI Pwcv F-12,12i E-1 LOG _ f AuroYobaduAaLLnv mwa DS AW AUTO A~, NAvMS s Ie11EDA1RO6 X0.9 D PROPER lMW s 7 uMBRELIAUsa OCCUR EACH OCCURRENCE f FYCEae LLAD OARFSWADE AGGREGATE ! DEC RETENnoN f WOR)"s COALpExur4m wG ATATLA• DTIF ANDEMPLOYEns'UABIUM oaru ,Rs Y ~F TO ARTH ❑ N/A ELEAfJ1ACCIDENT s IYr,edw I F 07 1 EL DISEASE, EA EVPLOM f ff OFOPERATIONSbe41 EL OIaEASE-pGl1GY 1JMR DEeoAWMNOPDPFJ(.TM*SI GCAMNSIVO CLEe IAMo ACORD 101, A&RAmal RwMs dci%W P, If MM bpaa Is "Qum) Evidence Of Insurance I I I CERTIFICATE HOLDER CANCELLATION I Ashland Parks a Recreation SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 340 S Pioneer THE EXPIRATION DATE THEREOF. NOTICE WILL 9E DFLWERED IN Ashland, OR 97520 ACCOROANCEWITHTHevoL10YPRoVlaIDNa, AulxoRlffD n¢pRFeeNiAThE m ®1966.2010 ACORD CORPORATION. All rights reserved. ACORO 25 (2010105) The ACORD name and to go are roglato red matt of ACORD n BUSINESS AUTO -DECLARATIONS FARMERS INSURANCE EXCHANGE ❑ POLICY MEMBERS OF FARMERS INSURANCE GROUP OF COMPANIES ❑ COVERAGE PART HOME OFFICE: 4680 WILSHIRE BLVD., LOS ANGELES, CALIFORNIA 90010 REM ONE NAMED MASON, RANDY INSURED UPPER LIMB-IT TREE SERVICE Account Number s roo . out MAILING 77 MANZANITA ST #3 73-01-363 60472-31-75 ADDRESS gem Policy Number ASHLAND OR 97520 Type of The named insured is an individual ❑ Partnership ❑ Corp. Business LANDSCAPE GARDENING unless otherwise stated: ❑ Joint Venture ❑ Organization (Other than Partnership or joint venture) Policy Period from 03/12/12 (not prior to time applied for) to 03/12/13 12:01 AM Standard Time If this policy replaces other coverages that end at noon standard time on the same day this policy begins, this policy will not take effect until the other coverage ends. This policy will continue for successive policy periods as follows: If we elect to continue this insurance, we will renew this policy if you pay the required renewal premium for each successive policy period subject to our premiums, rules and forms then in effect. ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS *This policy provides only those coverages where a char~e is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos . "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. 'COVERED AUTOS THE MOST WLIMIT E WILL PAY FOR COVERAGES ANY ONE ACCIDENT OR LOSS PREMIUM LIMITS SHOWN IN THOUSANDS LIABILITY 7 S 250/500/100 862.00 PERSONALleINJURY PROTECTION Coverage) (or euiva Fit No-Fau llI SEPARATELY STATED IN EACH PIP ENDORSEMENT ADDED PERSONAL INJURY PROTECTION SEPARATELY STATED IN EACH ADDED PIP ENDORSEMENT (orequivalent added no-fault cov.) PROPERTY PROTECTION INSURANCE SEPARATELY STATED IN THE P.P.I. ENDORSEMENT MINUS (Michigan only) S DEDUCTIBLE FOR EACH ACCIDENT AUTO MEDICAL PAYMENTS 7 S SEE SCHEDULE 17.00 UNINSURED MOTORIST 7 S SEE SCHEDULE 51.00 UNINSURED MOTORIST S PROPERTY DAMAGE UNDERINSURED MOTORISTS (When not S incl. in Uninsured Motorists Coverage) Actual Cash Value or Cost o Repair, is ever is PHYSICAL DAMAGE less minus S SEE SCHEDULE Ded. for Each Covered COMPREHENSIVE COVERAGE 7 Au o. But no Deductible lpl'Ies t4 Los} Caused by Fire or 143.00 Li itnin .See Item or for hired or borrowed °autos'. PHYSICAL DAMAGE SPECIFIED ctu Cas V u o ost o e1sair, is ev r i CAUSES OF LOSS COVERAGE 7 esps IqusA$1 qr Eqc Cov ie Auto or~ ss ot6or0rvedDAufosAryandalsm.eeltem our~or hired PHYSICAL DAMAGE Actual Cash Value or Cost of Repair whichever is COLLISION COVERAGE 7 less minus S SEE SCHEDULE De. for Each Covered 240.00 Auto. See item four for hired or borrowed 'Autos'. PHYSICAL DAMAGE TOWINGANDLABOR 7 $ 50o autosh(ACTUALLIMIT) rousted PREMIUM FOR ENDORSEMENTS ESTIMATED TOTAL PREMIUM 1,313.00 FARMERS 56-5190 61H EDMON 310 (5190601 PAGE I OF 3 565190-ED6 • 60472-31-75 Poi y Number BUSINESS AUTO DECLARATIONS (Continued) REM THREE SCHEDULE OF COVERED AUTOS YOU OWN TERRITORY DESCRIPTION PURCHASED Town where overed Y1 N~oe~ Tr'qde a~~ee, B•~ dy Type. pQoslg 41r9 p Senn Num erdS11 yehit~e.~tlenh iccdan Number tlfiew Ad~QiTLCf ' Auto will be principally garaged ~ove gd 1 R )LU 0 203 uto No. ASHLAND 96 14,1g AT 0 AL . F4900 125'_0 _0 HTFDAAT TH294617 2 06 OR 15 27000 ASHLAND OR 203 NADO 4 44S8S21610SWO24284 CIASSIFICAflON Radius o uslness use IN ge rlmary econ ary 0 e Except for towing, all physical damage Operation s - servile or Veh. Group as io~ afn~ loss is payable to you and the loss r - retai Seating ado payee named below as interests (vpd c -commercial Capacity is . ayi may appear at the time of the loss. Auto o. 2 50 C 2001 7 .1000 .5 00 68199 Bence o a udl a or imd entry in any co umn a ow means t at t e ImN or deductible entry in t corres or in ITEM TWb co umn applies instead LIABILIJ PE IUMAL INJURY PROTECTION ADDED P. P. PROP.~P1 ROT. Mi . on remlum * imd remmm Td** S mine ad - remium iltilte~tgtg i~~~c can status ~e uct. uto remlum shown below 4over~d a shown~Ee~ow p o. 2 250%500%100 44.00 ota 862.00 Premium sense o a e udE a or Emd entry in any co umn a ow means 1 at 1 e imd or a udi a entry in 1 corres ondin ITEM TV~O column a lies instead) AUTO MED. PAY PROPERTY DAMAGE Auto No. urm remmm lmd Covered * * remlum * imd remmm * imd jy'Un 2 . Premium 17.00 51.0 Bence o a deductible or limit entry in any column below means that the Imd or corres on din ITEM TV1r0 column a lies instead t slat remmm imA sta En N stat i4 remmm 1 d er remmm 0 mu dud. Disa~ement Cover~Pd Minuse u[- Premium K Irown~Eefow Auto o. ti e s own e w 500 31.00 2 .00 500 ota 143.00 240.00 Premium *(LIMITS SHOWN IN THOUSANDS) (5190601 PAGE 56.5190 6TH EDMON 3-10 CITY RECD ODE Page 1 11 CITY OF il A S H LAND O NUMBER ,20 E MAIN ST. 10/31/2012 11268 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 001127 SHIP TO: Ashland Building Maintenance UPPER LIMB IT (541) 488-5358 77 MANZANITA STREET #3 90 N MOUNTAIN AVENUE ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Anne Thayer Special Inst: Confirming? NO Quantity Unit - Description Unit Price Ext. Price Tree Pruninq . 3,525.00 Plaza - 13 Trees $1,825.00 Downtown - 14 trees $1,700.00 Contract for Goods and Services Beqinninq date: 10/30/2012 Completion date: 12/31/2012 Insurance required/On file SUBTOTAL 3,525.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00. 541-552-2010 TOTAL 3,525.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.12.00.60240 3,525.00 n•dh arl Finnafura VENDOR COPY FORM #3 CITY OF R, ASHLAND REQUISITION Date of request: to q is 11 Required date for delivery: Vendor Name ~l Uwf» 4 Address, City, State, Zip rnar\~ra ►ni 3 t 1t:K;26 Contact Name & Telephone Number ~~noh Fax Number MaA» A-%) _ 106/ _ /Aa V SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergent: ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Writlen findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached' ❑ Written quote or proposal attached Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Direct Aw d- Date approved by Council: Contract It Verbal ( lten)l;uote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (95,8, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes 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 attached Date approved by Council: (Dale) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost PwninrJiDla 4~ f 'buV +M41 lre~ k;bwvt, 0,mw- $ 35 a~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost I --T TOTAL. COST ❑ Per attached quotelproposal Project Number _ _ _ 0 a8/~ oo/o o;«/~a f~ ? Account Num er 6 - J~arj• Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: ITDirector Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requimme ts-have bb satisfied. Employee Signature: (,.&ALk Department Head Signature: t la ti '(Equal to or gre ter than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year. YES / NO Finance Director-(Equal to orgreaterthan$5,000) Date Comments: Fnrtn $3 . Ranincitinn