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HomeMy WebLinkAbout2012-291 Contract - Bartlett Tree Service Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Bartlett Tree Service ASHLAND CONTACT: Mike Bartlett 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2288 Old Stage Road, Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-6067, 541-601-6780 DATE AGREEMENT PREPARED: November 13, 2012 FAX: BEGINNING DATE: December 3, 2012 COMPLETION DATE: January 14, 2013 COMPENSATION: $1,690.00 per bid attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to remove two Liquidambar styracifluas trees within the City of Ashland Plaza. Includes complete clean up of debris. No stump grinding required. City to provide access and permits. 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 2796.220, 2798.225, 279B.230, 279B.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 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: Contract for Goods and Services Less than $25,000, Revised 06130/2012, Page 1 of 5 l i. If City funding from federal, state, county or other sources is not obtained and continued at levels 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 Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to 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. Contractor: City of Ashland By By l~ Signature Departmen Head d /lKE ~/}kr~El~ Ax\\C~@o R_ t sKt- Print Name Print Name i Q~22,✓ Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. t Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 3 of 5 s 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 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: (1) 1 carry out the labor or services at a location separate from my residence or is in a R 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. NA t (3) Telephone listing is used for the business separate from the personal residence listing. _ (4) Labor or services are performed only pursuant to writt en contracts. (5) Labor or services are performed for two or more different persons within a period of one year. Mj (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. I111-7120)'7 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 "Leaf it to us" BARnEff (541) 779-6067 or (541) 601-6780 TREE SERVICE Certified Arborists on staff licensed • Bonded • Insured I CCB# 114906 Date: (I 1-71X-)%2, Q INVOICE ESTIMATE Q RECEIPT Customer: 1 o V~AQ~N g nv~P Ino.~a l q. C y 0 k QUAN. DESCRIPTION AMOUNT w.ov &L CL, vv\ O a4 U ( o C mKw ILA p o`1 er o, t r r k a ` hank you. Your Business is Appreciated. TOTAL Client Signature 10V/15//2012/THU 05:48 PM BEECHER CARLSON INS. FAX No, 541 /74 85M f. Jul T ® DATE (M MIDDIYYW) CERTIFICATE OF LIABILITY INSURANCE 11/15/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). - PRODUCER NAMEA T Pam Breazoale Beecher Carlson Insurance Agency LLC PHONE EIJI- (541)494-2655 FAX No'! (5(1)494-2155 707 Murphy Rd E-MaIL ,pam-Breazeale@beechexcarlson.com INSURERS AFFORbINGCOVEROeE NMI:0 Medford OR 9,1504 INSURERA:American Fire 6 casualty Co 24066. INSURED INSURER 8 : Mike Bartlett, DBA: Mike Bartlett Tree Service INSURER c: 2288 Old Stage Road INSURERD: _ INSURER E : Central Point OR 97502 INSURERF: COVERAGES CERTIFICATE NUMBER:11-12 GL BA REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTk SR mucruaw POLCY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MMPP MN iiNSR 35=- GENERALLIAEILITY EACHOCCURRENCE 5 11000,000 A G X COMMERCIAL GENERAL LIABILITY FRSMIS (Fe occUrnerrol 100,005 A CLAIMS-MADE FX] OCCUR X 1cA1254106717 12/21/201112/21/2012 MEDEXP An 'one ersoe S 15,000 PERSONALS AOV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATELIMfTAPPLIES PER: PRODUCTS-COMP/OP AGG S 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY Ewa ea. SINGLE LIMB 11000,000 oil $ BODILY INJURY (Per person) S A ANY AUTO ALL OWNED X SCHEDULED 1254106917 12/21/2011 2/21/2012 BODILY INJURY (Per accident) $ PROPERTY DAMAGE NON-O X HREDSAUTOa X AUT $WNED P•r aaidem $ Medkal a enla $ 5.000 UMBRELLA DAB GCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ LIED RETENTIONS $ WORKERS COM PENSATION WOSTATU- OTH- AMP EMPLOY'ERS' LIABILITY ANY PROPRIErOWPARTNEReX.ECUTIVE❑ NIA - E.L. EACH ACCIDENT $ CIPPICERUEBE (Mandel" In MR) EXCLUDED7 EL. DISEASE - EA EMPLOYE $ IIy eC,RdaIPTacdbs under E.L. DISEASE - POLICY LIMB S DES IONOF O PERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES (Affect, ACORD 101, Additional Remarks Schedule, If mote Boace is resuired) General Liability Policy includes Blanket Additional Insured coverage as required by written contract per form # CG8811 (10/09). This form is subject to policy terms, Conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION (541) 488-5320 SHOULD ANY OFTHE ABOVE DESCRIBEP POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland Carrie 9 N Mountain Ave AUTHORIZED REPRESENTATIVE Ashland, OR 97520 Pam Breazeale/PAMMIUA: ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD 10V/15/2012/THU 05:49 PM BEECHER CARLSON INS. FAX No,541 774 8534 P,UUL g0fW PER=L. GEN5RAL LIABILITY C~ ~a ~a is o>r . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION .his endorsement modifies insurance proufded.underthe fallote.ing: COMMERCIAL GENERAL LIAB'`:LITY COVERAGE PART fadQ~ PACE SUBJECT RON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAF-r z PROPERTY DAMAGE LIABILITY - ELEVATORS Z EXTENDED DAMAGE.TO PROPERTY RENTED TO YOU. (Tenant's Properly Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS. • COUE#IAUES A AND I3 S A00ITIOINAL.INISUREDS - BY CONTRACT, AGREEMENT OR FEI'iII M 3 PRIMARY ANR a QN~CONTRMUTORY- ADDITIONAL INSURE13 EXTENSION R ADDITIONAL INSUREDS- EXTENDED PROS ECTION OF YOUR "LIMITS OF INSURANCE" li wHO IS AN INSUREO - INCIDENTAL MEDICAL ERRORSIMALPRACYICS AND WHO IS AN IN9SJRW - 6 FELLOW EMPLOYEE EXTENSION - MANAGEMENT WPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIREMENTMIES S FAILURE TO DISCLOSE HAZARDS.AND PRIOR OCCURRENCES 7 KNOWLEDGE Or- OCCURRENCE, OFFENSE. CLAIM OR SUIT 7 LIBERALIZATION CLAUSE T BODILY INJURY REDEFINED 7 EXTEN13P.D PROPERTY DAMAGE 7 WAIVER OF TRANSFER OF RIGHTS OF RECQVERY AGAINST OTHERS TO US 7 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 02010 Liberty Mutual Inswonve company, All IIghu reagrvad- CCn gB 11 to OR I teludas o tnvrlnhted memr al of fns:IranPE Servicnt OfFiaa Ino., with dts oermissfpn. Pa" t of 7 NOV/15/2012/THU 05:49 PM BEECHER CARLSON INS. FAX No.541 774 8534 P,003 With respect to coverage affprdad by this endoy,00mont, the provisions of the frolicy.apply unless modified by the endorsement. A. r4C}fald3WNEDPARCPAFT' Under paragraph 2. Exclusions of smtlon I - Coverage A - Bodily €r&tv And Property IBeietraso t.irelf RW, ekciuslon g. Aircraft Auto Or Wmarcrsft does not apply to an aircraft provided' It Is not owned by any insured,. 2, it is faired, chartered or loaned with p trained paid crew; The pilot in command holds a currently effective carttficate, issued by the duly constituted authority of the United States of America or Canada; designating her or him a Commercial er airline pilot; and e. It is nvt being used to carry pardons or property for a charge. However, the insurance afforded by this provision does not apply It them is avaliable to the insured other valid and collectible insurance; Whether primary, excess (other than Insutonee•written to apply specifically in excess of this policy), candngent or:on any other basis, txbatwould also apply to the loss, covered under this peovlsion, R. NOR€•Q3t+ NED WATERCRAFT Under Paragraph 2. Fxclus€eras of SavOrin I -Covaraga A- 6t idlfy injurer And Propedy Damega t.labili ty, Subparagraph (2) of exclusion g. Aircrak Auto Or watercraft is replaced by the following; This exclusion dpe!i not apply to; (2) A watefuraR you do trot own that is: (a) Less than 62 foot long; and (b) Not being used to carry persons or ptropany for a charge; C. PROPERTY DAMAGE UASIUTY - ELEVATORS I . Under Paragraph Z I zee€uainr= ayf Section I - Coverage A - I (fly Injury Arad Prapartp Damage I.iabli- ity, Subparagraphs (3). (W1 and (6) of exclusion j. Dam aoo To Property do not apply if sutth °property damage" results from the use of elevators. For the purpose of this provlsion, elevators do no include vehicle lifts. yeliicle lifts am lifts or hoists used in automobile.ser+r€cs or repair operations- Z The following is added to 'faction FV - Cammeet ia%l f,TarraraA Uabiiitg Conditlam, condition 4. O:itor Insumnice. Paragraph b. E case Insurance- The. insurance afforded by this provision of this endoreernant IS excaGa over any property €nsurance, whether primary, excess,, contingent or on any other basis. D. EXTENDED DA GIE TO PWPERW f~MO TO YOU •('Teasni rs Property €iaam:EaQ it Damage To Premises Rented To You iv not otherwise excluded from this coverage fart: f. LindeP Paragraph 1 Enriusieons of Secdon I - CaaveragbA - S ly In)tatg ahd Prope" Damage UABallitye a, The fourth from the Iasi paragraph of exclusion j. Oamago'To iptbperzy is replaced by the follow- ing; Paragraphs (4;, (3) and (4) of rills exclusion do not apply to ..property damage", other then damage by fire,. ilghtning, explosion, smoke ar leakage from automatle fire protection system) toe (i) Promises rented to you for a' period of 7 or fewer consecutive days; or (€i# Contents that you rent'ar lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (4), (3) and (4) of this exclusion do not apply to "propeary damage" to contents of preeilsae rented to You fore period of '7 or fewer consecutive days. Q2010 Merry A!uAV$I Insurance Caampany. All rights r=W VGd, ce 68 11 7110% inciudss aapyrlyht*4 matoriaa et €nsauancp 5vnr'wda, r3tFna trta, y kit its V®nnisaion, Page 2 of 7 9OV/15/2012/THU 05:49 PM BEECHER CARLSON INS. FAX No,541 774 8534 P,UU4 A separate 144-li, of Insurance appllas to this 0overage as described In Section III - Limits of Insurances. b. The last peregraptf of subseeuon 2.Exuluslona is replaced by the following:. Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or leakage from automatie,lre protection systems to premises while ranted to yoti or temporarily occupied by you with permission of the gwrler. A. separate limit of insurance applies to Damage To Premises Rented To You as described in Section 111- Limits of Insurance. 2. Paragraph S. underSeation Ill - idrnits of Insurance is replaced by the following: - 9, Subject to Paragraph 5. above, the'Damage To Prenilsai Rented To You Limit is the most we will pay under Covessga A for damage's because of ",property damage" to: a. Any one premise: (1) While ranted to you; or (2) While ranted to you or temporarily occupied by you with p8rmleaion of ibe owner for damage by fire, lightning, explosion, smoke or leakage from putomatic protection sys- tems; or b_ Contents that you rent or Ieasa as part of a premises rental or lease agroemeriL As regards coverage provided by tells proviisidn A. EKTENDED DAMAGE TO PROPERTY RENTED To YOU (T'enant`s Property Damage)- Paragraph Sm. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnlfles any person or organization for damage by fire. Ilghtning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or tern£roranly occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your promises rental or lease agrpernent, Is not an "Inavred.contrect"• E. MEMCAL PAYMENTS EMNSION if Coverage C Medical Payments is not otherwise excluded, the Medical Payrnenta,providad by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payntarrts, Subparagraph (h) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident.; and F, EXTENSION OF SUPPLEMENTARY PAYMENTS, COVERAGES A AND B 1. Under SupplementatyPayrttentil -CovaragesAand.&,Paragraph ).b.is replaced by the following! b. Up to 9%001 for cost of bail bonds required because of accidents or traffic law vloledons arising out of the use of any vehicle to which the Bodily Injury Liablilty Coverage applies. We do not have to furnish these bonds. 2. Psaraareph 1.d. is replaced by-the following: d. All reasonatil©.expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", ihcl4ding actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1, Paragraph 2, under Section ll -Who la An lt3aumd is amended to include. as an insured any person or organization whom you have agreed to add as an additional Insured In a written cont,ect, written agreement or permit. Such person or organization is an .additional Insured but only with respect to liability for "bodily Injury", "propertydamage" or "personal and advertising injury" caused by: 02010 Liberty Mutual Insurence CcmpeTy. All rights reserved. CG 88 11 10 00 in;;uires cn?yrlghrad material of ln' ursmia Semlms tl Hiou Inc., 00 its perk, viswon• Page a of 7 NOV/15/2012/THU 05:50 PM BEECHER CARLSON INS. FAX No.541 774 8534 P,UUS a, Your acts or omissions, or'the acts or omissions of those acting on your behalf, In the perrormance of your on going operations for the additional Insured that are the su~)rtet 09 thew itten contract or writtim agreerrient Provided that the "bodily lnjury" or "property damage" occurs, or the "per. sonal and advert€ no injury" is mirimitwd, subsequent to the signing of svcti written contract or written allmement; or b. Premises orfaclilties Tented by you or used by you; or c. The maintanance, operstlon or use by you of equipment rented or leased to you by such parson or organbidlon; or d, 'Operations performed by you or on your behalf for which the siesta, or political subdivision has issued a permit subjectto.the Tollowing additional prgvisioos; (1), This insurance duv8 not apply to "bodily injury "property darnaiRe", or "personal and ad- vertising injury" arising out of the operations performed for the state or politlca) subdivision; (9) ThW insurance does not attply to "bodily injury" or "property dsmogef" inciudad within the "completed operations hazard% (3) Insurance applies to premises you own, rant, or control but only with respect to the following hazards: (a) The exlstance, maiitrenanoe, repair, construction, oreCtion, or rarnovai of advertising signs, awnings, canopies, collar entrances, coal holes, driveways, manholes, marquees, hoist away opening„ sidewalk vaults, street banners, or decorations and similar ekpo- sores; of The construction, erection, or removal of eiiti.vatars; or (sj The ownership, maintenange,. or use of any eiavators covered by this lnsmrance. 'With tespoct to Paragraph t.a, above, a person's or organlWion's status as an additional insured under this endorsement ends whan; ill Al! work, including materials, parts or equipment furnished In conosotio'n with such wotk, on the project (other then service, niaintansnce or repairs) 1.6 be performed by or on behalf of the additional insured(s) at the location of thts covered operations has been Mmpletad; or (2} That portion of `your work" out of Which the Injury ar dernage arises has been put to Its Intended use by any person or organization other than anothar contractor or subcontractor ongaged in performing operations for a principal ass part of tho same project, Y`Ath respect to Paragraph'9.b.abava, a person's or orgaCCrration's status as an additional insured tinder this endorsement end& when their written contract or written agreement with you for such eramjsee or facilities ands, With respects to Paragraph 7:0. above, this.Insuranee does nut apply to any "occurrance" wh`:ch takes place after the equipment rental or lease agreement has expired or you have returned such equipment : to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prlorto the "bodily Injury" or "property damage". We havo' no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as, required in Paragraph b. of Condition 2, Dirties in the Even% Of Occurrence, Offense, Glair" Or Snit order Section IV - Catnma¢ciat General l ialeffitir Caudi- lfotts. Z With respect. to the insurance provided by this ehdorserrtant, the following are added to. Paragraph R. Exq ;IWPos under Section I - Cavarage A - Bodily Injury And laropnrty Darnasgrt Rtmbiifzy: 02010 i.1bottr MUtual insurances CorMRnY• felt cigars reSOMd. CG 8811 10 09 Includ©s notivrighted materiel of insurance Sorvi"®s Office Ina. with its uaffni'-Inn Poor,, A of 7 NOV/15/2012/THU 05:51 PM BEECHER CARLSON INS. FAA No,541 774 8534 P.006 This insursnca does riot 2PPIV 10' a. "Bodily injury" or" property damage" arising from the sofa nag;igence of th'e adddt€cnal insured, b. "Bodily injury" or "property darrlage" that occurs prior to you commencing 'operations at the location whsrc such "bodily Injury" or "property damage" occurs. c. "Bodily lnjury", ,.property damage" or p ersoncf as o Advertising ti;jury" afising out of the render- ing of, or the failure to render, any professional an;Wtccturai, erginaering or surveying services, including: (t) The preparing, approving, or failing la prepare or approve, maps', shop drawings, opinions, repairs, surveys, field arder%.change orders or drawings and specifications; or fxD . 4pH;YISRfy}:nSpeGiirill, BfY t1rtLG4U rf l Ur englnemrin9 activities, d, "Bodilyinim" or "property damage" occurring after: {1} All work, including materials, parts or equipment fitrnlsned in connection with such werkr on the project (oti+er than service; rnainfenanre or repairs) to he performed by or on behalf of the additional insurpdjsj atthe location of the covered operations has been completed; a- 121 That portion at "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other then another contractor or s:ubcontractor engaged in performing.operations for a principal as a part of the same project, e. Arty person or organization specifically designated as an additional Insured for ongoing operations by a'separaw AblitV16N ,i- IN$PRED -OWNERS, LESS5ES OR CONTRACTORS endorsement is- sued by us and rnede a part of this paltry. H. PRIMARY AND NONl CQAJTRiBUTQRY ADDITIONAL INSUMU t5MNSION This provision applies to any person or organization who qualifies as an additional insured under any form of endorsement under this policy. Condition 4. Other Insurance a; SECTION 1V - COMMERCIAL GENERAL LIARUTY CONDITIONS is amend- ed as follows: a, The following is added to Paragraph a. Primary Insurance: If an additional Insured's policy has an Other Insurance provision: making its policy excess, and you have agreed In 'a written contract or Written agreement to provide the additional Insured coverage on a primary and noncontributory basis, this policy shall Ae primary and we will not stack contribution fram the additional imured`s p.elicy for damages We cover, b. 'rho following is added to Paragraph b. Excess Irtsurarce. When A written contract or written agreement, other than a promises lease, facifities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primacy or primary and non pgntributory, this insurance is excess over any other insurance for which the addd- tianal insured.is designated as a Named Insured. Regordlese of the written agreement between you and an additional insured, this insurance is excess over any other Irtsurence whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured an oL+iarpoiicies. 1. ADDITIONAL INSUREDS- EXTENDED PRCITECTiON.. OF YOUR "11MITS OF IP,ISURA arCE" This provision applies to any person or organization who qualifies as an additional insured under any. form at endorzornent under this policy. 1. The following is added to Condition Z. Datiss In The EvorttOf Occurrenco, Offense, Clairn or Suit: 02010 Liberty 1Yluru01 Insurance CompanY• All rights reserved. rQ Gk4'4°• to An n,~fnri..I nd."n..r.n,v. 4rvirxc (ltf.,xs In,:._wilh'.tc Dorrni5sion. paaa 6 of 7 NOV/15/2012/THU 05:51 PM BEECHER CARLSON INS. FAX No,541 774 8534 P. 007 Lan additionai Insured under theo ondorsoment will as soon no taraatiambica a. Give written nPtl(,e of en "orxurr(=nce" or an offense, that may result Ina claim or "suit" under 'this insursnoe'to us; b, Tender the defense and indemnity of any olairn or "suss." to all insurers whom also have Insurance available to the additional insured, and a-. Agree to make evellable any other Invutlance which the additional Inwred hau for a IOSri we, cover render this coverage Part, d. We have no duty to defend or indemnify an additional insured under this endorsement tenth we receive.written notice of a 112ult" by theadditiohal insured. 2. The limits of Insurance appllcabler to the additional Insured ore those specified in a written contract or written agmement or the limits of lnstrrarioe as stated in the Doolaratlons of this pollry and defined in Section Ili - Limits of Ines macs of this policy, whioh0Vcr erg lass. These limits rare inclusive of and not in addition to the lignite of insurance available under this policy, ,l. 9Al3tE} Bs laPt iASSLs~rS= Ir*3f: tf1~FiPEllat. ka~E£FtCSlI. ~tRE91iSf i5$r~.I.rr~.CTtCE W40 14 INSURED 4 FELLOW EMPO I74`rEMSION-lVANAGE,f eNT PLOYSSS Paragraph 2,a.(1) of Section It -Who Is An Income[ it replaced with the nollowinga (t) "Soduy injury" or "personal a(tdadvertising Injury": (a) TO you, to your Partners or members (if you are a pagnerahlp or jalrlt.vesiture), to your members jif you area limited liebility company), toe co-"errrployo*` whllo, fn the course of his or her erripluy- mo tt or performing dutiea related to the conduct of your business, or to your other "volunteer werimrs" while performing duties related to the conduct of your business; (b) To the spouse, cltiid, parent, brother or sister of that co'-"Lmployee" or "Volunteer woftr" as a Consequence of paragraph (3j (a.) above; (c) For which there is any obllgallon to share damages with or repay someone else vvho roust pay damages because of We injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing for failing to pivvide professional health care services. However, if you are not in the buclnoes or providing professional health mare services or providing profes- sional health core personnel to others, or if coverage for providing professional health rare ser- vices is not otherMse a9cluded by separate endorsement, trill. provislah (Paragraph (d)) does not apply, Paragraphs (a) and (b).ebove do not appfyto "bodily injury" or "personal and advertising injury" caumd by an "employee" who is acting in a supervisory capacity for you_ Supervisory rapacity as used harelvi means the "employee's" job reaponeibilitles ace;gned by you, includes the dltat* supervision of other "empigy- 2as" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising Injury" prising out of their willful conduct, which ie defined asthe purposeful or willful intent to cause "budliy injury" or "personal and a'dvertsslng InJurV",'or caused in whale or in Dirt by their. Inicn ina- tion by liquor orcontrof€ed substanctt's. The coverage provided by provision J. is excess over ariy other valid and collectable Insurance available to your "rrmploycol, K, NEWLY FORMED OR ADEX71E2YttCt€ LY AE OMIRED EIy MES Paragraph 9- of Section tl -Spokes is An Insured is replaced by the foliowi"; Any wganizairmn you newly acquire or form and aver which you maintain ownership or majority Interest, will qualify a5 a Nomad Insured if there is no other similar insurance, available to that organization. However.- a, Covaragc tinder this provision is afforded only until the oxplmtlori 91 the policy period in which the entity was acquleed or formed by Vow b, Coverage A does not apply to "bodily Injury" or "property damage' that occurred before you acquired or formed, the organisation; and Viola ubdtty Mutual insaror.w Company. RSI.rI6hrs tos+rNetl. c Cass 11 10 tta Inaludas rapyrlahtsd mouriol or Imumnce Services office Ino.. Witt-fig parmi5sinn. Page H' Of 7 VOV/15/2012/THU 05:52 PM BEECHER CARLSON INS. FAX No.541 774 8534 P.008 a, Coverage S does not opply to "personal and sdvertisir.a injury" arising out of an offense committed before you acquired or formed the organization. d, 90cords and deacriptions of operations must be maintained by the first Named Ensured. No person or organization Is an insured -w1kh reenact to the conduct of any current or past partnership,,joint venture or lirrlited liability rornpany that is not shown as a Named insured in the Declarations qr qualiites fo; as an insured under this provislon L. FAILURE TO DISCLOSE RAZARCS AND PRIOR OCMRRENCF9 i rider oeeSicre bi - Corntmarclal Oanerai Liability conditions, the following Is added to Cgnditfon 6, Rapre- sentations; Your Ta;lute to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudica the coverage afforded by this policy provided such failure to, disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURREUCE, OFFENSE. CLAIM OR, SUIT tinder section IV - Comtrcomiar Govteral Liability Conditions, the fol€ovAng lo added to Conditloh 2. Outios In The Event of Occurrence, offense, Claim Or Suitt Knowledge of an "occurrence", offense, claim oe "suit" by an agent, servant or "employee" of any insured 614811 1101, to lutelf constitute know€edgeufflie Insured unless an insured listed under Paragraph t of Section 11 - Who Is An Insured w a person who has been designated by thorn to. receive reports of "cacurranc offenses, claims or "suits" shall have rer,eived such notice from the agent, servant or "employae"• N, LIBERALIZATION CLAUSE If we revise this Commercial General Liability txtansion Endorsement to provide. more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revisidn is effective in yourstate. a, BODILY INJURY REDEFINED Under ~ectiofi V - Definitions, Def:rition 3- is replaced by the following: 3, "'Sodlly injury" means physical Injury, sickness or disease sustained. by a person, This includes menial anguish. mental injury, shock, fright or death that results from such physical Injury, sirk- ness'or disease, P, EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIAMLITY is replaced by the following: a, Expiectigi Or Intendvei Injury "Bodily injury" or "property darnage" extaccted or intended from the standpoint of the insured. T1113 exclusion does not apply 3o "bodily injury" or "property damoge" resulting from the use of reasonable force to. protect persons or property, CL WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN ReaUIRED IN A. CONTRACT OR ALOREEMENT WITH YOU Under Sections IV - Commarolsl General Liatnility Conditions, the following is added to C'ondltlon Trsna• far Of Ilighits Of Recovery Against Others To Us: We waive any right of recovery%ve may have, against a parson or organizatlon because of payments we makb for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operatlos,s hazard" ptovidcd; 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2- The injury or damage occurs subsequent to the execotion of the written contract or wrritien agree- ment. (02016 Liberty Muuml Insurance Camparty. All righ s reseryed_ CG $ai f I 10 09 includes eopvr'Ighted material of lnsuranoe Services' Office Ian: with ft oerrniss:an. Page 7 of I SAIF Corporation 11/15/2012 3:55:03 PM PAUE 1iOO1 tax berver www.saif.com OREGON WORKERS COMPENSATION SaIF CERTIFICATE OF INSURANCE ,f corporation CERTIFICATE HOLDER: CITY OF ASHLAND ATTN:CARRIE 90 N MOUNTAIN AVE ASHLAND, OR 97520 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 733779 01/01/2012 to 01/01/2013 11/15/2012 INSURED: BROKER OF RECORD: MICHAEL BARTLETT MIKE BARTLETT TREE SERVICE 2288 OLD STAGE RD CENTRAL POINT, OR 97502-1352 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: Additional Insures City of Ashland 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 President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 503.373.8020 Policy-Batch-Certinc.te0 tInsumnm Page 1 / 1 CITY OF LAN'CjTY O~`~"-1 DATE PO NUMBER -ASH 20 E MAIN ST. 11/30/2012 11320 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 017452 SHIP TO: Ashland Public Works . BARTLETT TREE SERVICE (541) 488-5587 2288 OLD STAGE ROAD 51 WINBURN WAY CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Anne Thavef Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Removal of two trees within City of 1,690.00 Ashland plaza. Includes clean up of debris. No stump qrindinq included. Contract for Goods & Services Beqinninq date: December 3, 2012 Completion date: January 14, 2013 SUBTOTAL 1,690.00 SILL TO: Account Payable TAX 0.00. 20 EAST MAIN ST FREIGHT 0.00: 541-552-2010 TOTAL 1,690.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 260.08.11.00.60416 E 000294.999 1,690.00 VENDOR COPY Autho d Signat7ire FORM7#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name &,L, Address, City, State, Zip Contact Name & Telephone Number Fax Number' SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 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 El 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: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until:. Date Description of SERVICES Total Cost o rgUyAI 0~ I WD I r~Ul~amleet t~ vztCi FLuu s ✓ 1 I G-h! eF A5ttar,c!, Ptah, tncl &Ls ctear, or 0 &J,t ts. I $ gD. 12v C Item # Qua City nit Description of MATERIALS Unit Price Total Cost er~ TOTAL COST ❑ Per attached quotelpropos I A,-11 9 --I e7 Project Number -,-/--L,S_ AccountNumberaloc al-?- z/1 1L~~ Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfia Employee Signature: C C ~ .N7a1 r/ Department Head Signature: MIUAC cl _ (Equal to or greater than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year,, YES / NO Finance Director- (Equalto orgreaterthan $5,000) Date Comments: . Form #3 - Requisition