Loading...
HomeMy WebLinkAbout2007-072 Contract - Hooper Springs Tree Service Contract for PERSONAL SERVICES Less than $25,000 ADDRESS: POBox 3258 Ashland OR 97520 TELEPHONE: (541) 488-1282 DATE AGREEMENT PREPARED: 3/27/07 FAX: BEGINNING DATE: March 27, 2007 COMPLETION DATE: June 1,2007 COMPENSATION: $8,000.00 (see attached proposal) SERVICES TO BE PROVIDED: Top 32 trees at the Ashland Municipal Airport ADDITIONAL TERMS: Remove and dispose of all debris resulting from the tree topping operations. FINDINGS: Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Contracting Officer finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor resources to perform the services; and (3) the statement of work represents the department's plan for utilization of such personal services; and (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as follows: CITY OF ASHLAND 20 East Main Street Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 CONSULTANT: Hopper Springs Tree Service CONTACT: Matthew Estillison 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. 1. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 2. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service 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. 3 . Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 4 . Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work completed in the prior month. 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. 5 . Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of City. 6 . Statutory Requirements: ORS 279C.505, 279C.515, 279C.50 and 279C.530 are made part of this contract. 7 . Living Wage Requirements: - N/A If the amount of this contract is $15,964 or more, Consultant 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 service work under this contract. Consultant is also required to post the attached notice predominantly in areas where it will be seen by all employees. 8. Indemnification: Consultant 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 Consultant (including but not limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant 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: This contract may be terminated by City by giving ten days written notice to Consultant and may be terminated by Consultant should City fail substantially to perform its obligations through no fault of Consultant. 10. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 11. Assignment and Subcontracts: Consultant 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. Consultant 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. 12. Incorporation of Standard Contract Provisions. Standard contract provisions required by AMC 2.52.040, set forth in Exhibit A attached hereto and made a part hereof by this reference, are specifically incorporated into this contract. Any more restrictive provisions of this contract, or the scope of work control over standard conditions. CONSULTANT I CONTRACTOR CITY OF ASHLAND: BY ~~"yj,,:~; (.-~. .-i...-- Signature Print ~~:l~~w t.-. "I;",/VI BY AY-cd ~~ FINANCE DIRECTOR " TITLE /' .I .... 1"//) (,........'''' .'--. DATE /' )s- /~ 1 DATE Lf ~1'7 -,j.-c./ , FederallD# C}'.3 - /J,Cjq,J..J7 *Completed W9 form must be submitted with contract PURCHASE ORDER # C~7~tJ7 Revised 1-9-07 CITY OF ASHLAND DEPARTMENT OF PUBLIC WORKS TREE TRIMMING AT THE ASHLAND MUNICIPAL AIRPORT BID PROPOSAL FORM The undersigned bidder declares that plans and specifications have been examined, the site has 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 bid proposal is accepted, the bidder will contract with the City of Ashland for the work involved and will provide the necessary equipment, materials, tools, and labor, in accordance with the plans and specifications under the following conditions. 1. It is understood that all work will be performed under a lump sum or unit price basis and that for said lump sum, or unit price, all services, materials, labor, equipment, and all work necessary to complete the project in accordance with the specifications shall be furnished for the named price. If there shall be an increase in the amount of work covered by the lump sum price, it shall be computed on a basis of "extra work" for which an increase in payment will have been earned and if there is to be a decrease in the lump sum payment, it shall be made only as a result of negotiation between the undersigned and owner. 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 owner, the City of Ashland or any other person, firm or corporation responsible for any errors or emissions that may appear in any estimate. 2. The undersigned agrees that the "Time of Completion" shall be June 1, 2007; and that the work will be completed within that time period after a "Notice to Proceed" has been issued by the owner. 3. The undersigned, as bidder, acknowledges that addenda numbered through have been delivered and have been examined as part of the contract documents. PROPOSAL FORM Item No. Description Quantity Unit Price Amount 1 Top 12" DBH or smaller trees 6 Ea ). /. C . v",) 1<)(.'o.GU 2 Top 13" to 18" DBH trees 7 Ea \ \ /7)0 Ul) 3 Top 19" to 24" DBH trees 7 Ea \ \ /ISO .()() 4 Top 25" to 30" DBH trees 6 Ea \\ I SGCI ,OV Top 31" DBH or larqer trees 6 Ea \\ , '1 " t{.) 5 .J \,.. L I ~ d0 (.J_l G, pub-wrks'eng\dept dlJllll1l Er~GI~~EER\PROJECT,2006\06-31 RFQ Airport Tree Trlmmlllg 307 du,' '7 y' ',C-+-c:.,": , c, I, vv ,6::x,.'? c.>~) r) F'dge ..\ of 20 TOTAL BID PRICE J .6, ax:> . CO 91) 7fjjOO 100 The City of Ashland reserves the right to waive irregularities or discrepancies in a proposal if the City determines that the waiver is in the best interest of the City, The foreaoina orice includes all labor, materials, equipment, overhead, profit, insurance and all other incidt" l-Je finished work of the several kinds called for. ~ ..ri', ~ " Signature of Bidder ~ V"'felL, S p 1\11"'1 ' Firm am - Bidder I - )Ut S'e,~v/'( e.. UIIII.....'_i ............, ..JI\.......... po, /30y.. 31.S~ A~h}"N') 0(> cnS20 Address of Firm 3 ... J < ~o 7 CGB ~ /Lf3 L./ /3 State Landscape Contractor's License # D::ltr 5~/ -4h Phone Number o~, State of Incorporation - If Applicable G \pub-wrks\eng\dept-adminIENGINEER\PROJECT2006\06-l1 RFO Airport Tree Trimming 3 07 doc Page 5 of 20 CERTIFICATIONS OF REPRESENTATION Contractor, under penalty of perjury, certifies that: (a) The number shown on this form is its correct taxpayer 10 (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, and (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: j (1) I 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. --L (5) Labor or services are performed for two or more different persons within a period of one year. /(6) I 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. ~~ 4:-;J~' Contractor 4 <3 "C/7 Date/ G:\pub-wrks\eng\dept-admin\ENGINEER\PROJECT\2006\06-31 RFQ Airport Tree Trimming 3 07.doc Page 15 of 20 ~ ACORD' CERTIFICATE OF LIABILITY INSURANCE - r DATE (MMlDD/VYVY) ~ 04/04/2007 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PAUL VOLZ INSURANCE AGENCY, INC, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 450 SISKIYOU BLVD" STE 5 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ASHLAND, OR 97520 (GRONINGER & CO., INC.) INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: FIRST FINANCIAL INSURANCE COMPANY MATTHEW E.ISON INSURER B: DBA: HOOPER SPRINGS TREE SERVICE INSURER C: P.O. BOX 3258 INSURER D: I ASHLAND, OR 97520 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INSRD TYPE OF INSURANCE POLICY NUMBER P&1l~1MMiD15iYYf . DATE'( ) LI MITS A X GENERAL LIABILITY 035F001011 OS/22/06 OS/22/07 EACH OCCURRENCE $ 1,000,000. ~. COMMERCIAL GENERAL LIABILItY ~~~~~H?E~~Ju~~nce\ $ 100.000. o CLAIMS MADE i:8J OCCUR MED EXP (Anyone person) $ 5.000. ~. PERSONAL & ADV INJURY $ 1,000,000. GENERAL AGGREGATE $ 1,000,000. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGG $ INCLUDED XI POLICY n PROJECT n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ - ANY AUTO (Ea accident) = ALL OWNED AUTOS BODILY INJURY = $ SCHEDULED AUTOS (Per person) ;:::: F= HIRED AUTOS BODILY INJURY $ NON.OWNED AUTOS (Per accident) F== F== PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ tJ ANY AUTO OTHER THAN EA ACC $ Fi AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ o OCCUR 0 CLAIMS MADE AGGREGATE $ $ b DEDUCTIBLE $ Fi RETENTION $ $ WORKERS COMPENSATIOr~ AND 1 TORY LIMITS r 1 vE'R" EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.l. DISEASE. EA EMPLOYEE $ ~~E~I~ts~~6~IS4gNS below E.L. DISEASE - POLICY LIMIT $ OTHER , AUUt:U BY TREE SERVICE JOB: TREE TOPPING @ ASHLAND MUNICIPAL AIRPORT; PROJECT #2006-31 CERTIFICATE HOLDER CANCELLATION *ADDITIONAL INSURED* CITY OF ASHLAND ATTN: JAMES H. OLSON 20 E. MAIN STREET ASHLAND, OR 97520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL . R LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) 11 --f: I L ',. -- i " ...0 ~" @ACORDCORPORATION 1988 IMPORT ANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (TENDER OF ANY LOSS TO OTHER AVAILABLE INSURANCE, AND EXCLUSION OF EMPLOYEE INJURY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date IS indicated below. Endorsement Effective Attached to and forming a part of Policy (Standard Time) Endorsement Number Number mm I dd 1 yy T 12:011 A.M. 035F001011 04/03/2007 01 (The above information is required only when this endorsement is issued subsequent to preparation of the policy.) Authorized Representative Date SCHEDULE Name of Person or Organization: CITY OF ASHLAND 20 E. MAIN STREET ASHLAND, OR 97520 INSURED: HOOPER SPRINGS TREE SERVICE This endorsement is provided in consideration of an additional premium. Premium: 100 Exposure: Only the person or organization named Classification Code: 49950 Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of your ongoing operations performed for that insured, including acts or omissions of the Additional Insured in connection with the general supervision of such operations. Except as provided above, this insurance does not apply to any "bodily injury," "property damage" or "personal and advertising injury" arising out of or resulting from the neglect or negligence of the Additional Insured described in this endorsement. The company will have no dutyto defend any "suit" which alleges neglect or negligence of the Additional Insured. If other valid and collectible insurance is available to the person or organization shown in the SCHEDULE for a loss we cover under Coverage A or B of the Coverage Form to which this endorsement attaches, then the person or organization shown must also tender any loss to each such other insurance. Should such other insurance apply, then this insurance is excess over any other such insurance. BG-G-370 0503 This insurance does not apply to any "bodily injury" to: a. An "employee" of any insured, or a person hired to do work for or on behalf of any insured or a tenant of any insured, that arises out of and in the course of: (1) Employment by any insured; or (2) Performing duties related to the conduct of any insured's business; or b. The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph a. above. This exclusionapplies: a. Whether an insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. These provisions and exclusions apply in addition to those contained in the Coverage Form. All of the provisions and exclusions of the policy that apply to LIABILITY COVERAGES also apply to this endorsement. Page 1 of 1 APR 't 0 2(~J7 ~A' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CiTY RECORDEH'S COpy Page 1 / 1 r:~;~2:l I ~~507 Jj VENDOR: 006726 HOOPER SPRINGS TREE SERVICE, MATT ISON, POBOX 3258 ASHLAND, OR 97520 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speclallnst: Req. No.: Depl: PUBLIC WORKS Contact: Paula Brown Confirming? No FAM Grant Reimbursable Project: TrimminQ of 32 trees at the Ashland Municipal Airport 8,000.00 Contract Date of aQreement: 03/27/2007 BeQinninQ date: 03/27/2007 Completion date: 06/01/2007 Insurance required/On file Project No. 2006-31 BILL TO: Account Payable . 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL ~dZ ~ AuthorifJd' SI~nat~re VENDOR COPY CITY OF ASHLAND REQUISITION No. PW - FY 2007 Department Public Works Vendor HOOPER SPRINGS TREE SERVICE PO BOX 3258 ASHLAND OR 97520 Account No. 280.08.00.00.704200 Date April 12, 2007 Requested Delivery Date ASAP Deliver To DAWN LAMB Via PAULA BROWN (. Note: PIcose oIIow ~ two(2) w.... fur cIdivery 011 itmis net generally c:oried in SlllI'ed, IIId awuximatdy two (2) _ 011 printingjobs.) Item No. QuaoIity Unit Description FAM Grant reimbursable project: Trimming of 32 trees at the Ashland Municipal Airport. $ 8,000.00 TOTAL $ $8,000 Job No. Unit No. I h<nby ca1i1Y tIIIllbe obovc: items on: IIOCOlISII)' fur Ibe oponIion ...---- ~ / Had ClO' AulbcJrimI P...... . Issued By Date Received By r.l'