Loading...
HomeMy WebLinkAbout2014-246 Contract - Biondi Bros CONTRACT FOR GOODS AND SERVICES less than $5000-LOW RISK C I T Y OF -ASHLAND INDEPENDENT CONTRACTOR: Biondi Brothers Co. CONTACT: Chris Biondi 20 East Main Street ADDRESS: 1397 Ramada Ave. Medford, OR 97504 Ashland, Oregon 97520 TELEPHONE: (541) 301-7612 Telephone: 541/488-6002 FAX. Fax: 5411488-5311 BEGINNING DATE: July 1, 2014 COMPLETION DATE: June 30, 2015 COMPENSATION: Less than $5000) GOODS AND SERVICES TO BE PROVIDED: Field striping of baseball, softball and soccer fields at North Mountain and Hunter Parks. 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. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from those losses, expenses, or other damages resulting from injury to any person or damage to property arising out of or incident to the negligent performance of this contract by Contractor its employees, or agents. Contractor shall not be held responsible for any losses, expenses, or other damages, directly, solely, and proximately caused by the negligence of City. 4. Termination: City's Convenience. This contract may be terminated at any time by the City. 5. 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. a. Contractor signs the certification attached hereto as Exhibit A and herein incorporated by reference. 6. 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. See Exhibit A (Back of Page). WORKER'S COMPENSATION NOT REQUIRED IF CONTRACTOR HAS NO EMPLOYEE. IF SO, CONTRACTOR CERTIFIES UNDER,.Q PENALTY OF LAW BY INITIALIZING THEE-0'TL~LrO ING: CONTRACTOR DOES NOT HAVE ANY EMPLOYEE AND WILL PERSONALLY PERFORM ALL WORK. 1 (Contractor Initial). W A' b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: one [ 500,000 $1,000,000] for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the in e i y unde this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent o less than Enter one: [None] $ 00,000 [$500,000] roperty Damage, incl age for for each accident for Bodily Injury and not less than Enter one: (None), ($50,000), (%4;9 owned, hired or non-owned vehicles, as applicable. 7. Statutory Requirements: ORS 27913.220, 2798.225, 279B.230, 2796.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 8. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 9. 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. 10. 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. 11. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon . 12. 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. Contractor: r- City of Ashland r B By W-9 One copy of a W-9 is to be submitted with the signed contract. APPTMD AS TO FORM Ash a AS t. City ttxney oa o -1- Contract for Goods and Services Less than $5,000, Revised 09-18-13, Page 1 of 2 C, 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 mo of the following criteria: (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. Contractor (Date) Contract for Goods and Services Less than $5,000, Revised 09-18-13, Page 2 of 2 August 2014 Biondi Bro. Co. 1397 Ramada Avenue Medford, Oregon 97504 City of Medford License # 12-00030112 To whom it may concern: For the fiscal year starting July 15Y 2014 -June 30, 2015 For field striping of baseball, softball and soccer fields at North Mountain Park and Hunter Park this coming year, my quote to do the work listed below will not exceed $5,000. Billing will continue on a monthly basis. Prices are as follows per field: Jr. and Sr. Varsity baseball - $20.00 each Softball foul lines: $15.00 each All Little League foul lines: $15.00 each Soccer fields: $100.00 for layout $55.00 for restripe Thank you, Chris Biondi Aco CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 8/22/2014 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 CONTACT TREY BERKEY (23448) PHONE TREY BERKEY Fax 711 BENNETT AVE (A/C, No, Ext): 541-779-8893 WC No): 541-779-8894 E-MAIL TREY.BERKEY COUNTRYFINANCIAL.COM STE 102 ADDRESS: MEDFORD, OR 97504-0000 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : COUNTRY Mutual Insurance Company 20990 INSURED 9953462 INSURER B : BIONDI CHRIS / DBA BIONDI BROTHERS INSURER C: 1397 RAMADA AVE MEDFORD, OR 97504 INSURER D : INSURER E : INSURER F : 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 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. ILTR -TYPE OF INSURANCE IN DR'SU p - - _POLICY NUMBER - MM/DDIYYYY MM/DD/YYYY - - - - - LIMIT _ GENERAL LIABILITY AB9159403 8/1/2014 8/112015 EACH OCCURRENCE $ 500,000 A 4 . COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED - - - PREMISES (Ea occurrence) $ 100,000 CLAIMS MADE 4 OCCUR ! MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 500,000 - - GENERAL AGGREGATE$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 1,000,900 4 POLICY PE O- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ _ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED - BODILY INJURY Per accident $ AUTOS AUTOS _ ( ) NON-OWNED PROPERTY DAMAGE - $ - HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS L.IAB CLAIMS MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- I.OTH- AND EMPLOYERS' LIABILITY Y I N ! TORY- LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N I A EL EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE'. $ If yes, describe under DESCRIPTION OF OPERATIONS below ! E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ASHLAND PARKS & RECREATION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 340 S PIONEER ST ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD - AUTO INSURANCE DECLARATIONS COUNTRY Mutual Insurance Company* P.O. Box 14151, Salem, Oregon 97309-5069 IPLAN Preferred Plan I P A86A48 3743 R I P6 MONTHSM I MPAYMENT O THLY AMP I 6005 SFFICE OREG/23448 To report a claim or for roadside assistance any ACCOUNT NUMBER 9921522-001-00001 time day or night, call 1-866-COUNTRY(1-866-268-6879) Policy period beginning May 06, 2014 INSURED 12:01 a.m. standard time at your address ending Nov 06, 2014 12:00 a.m. BIONDI CHRIS & DONNA K 1397 RAMADA AVE Declarations reason: MEDFORD OR 97504-5581 POLICY RENEWAL Effective May 06, 2014 12:01 a.m. standard time at your address. Your policy consists of the policy booklet, applications, declarations pages and any endorsements. Please keep them together. 0000 0000 TOTAL PREMIUM $1,258.56 DO NOT PAY THIS AMOUNT. ANY BALANCE DUE WILL BE INCLUDED WITH YOUR NEXT MONTHLY WITHDRAWAL. VEHICLE VEHICLE, USE AND DRIVER INFORMATION 2003 MAZDA M02102 TRUCK 1 TON AND UNDER, PLEASURE, MALE OCCAS UNDER 21 2003 MAZDA M05947 TRUCK 1 TON AND UNDER, PLEASURE, MALE, 30-64 POLICY COVERAGE LIMITS EACH PERSON EACH OCCURRENCE LIABILITY-BODILY INJURY 100,000 300,000 PROPERTY DAMAGE - 100,000 UNINSURED MOTORISTS 100,000 300,000 UNDERINSURED MOTORISTS 100,000 300,000 2003 MAZDA 2003 MAZDA Intentionally Left Blank Intentionally Left Blank Ten- 029 Terr 029 VEHICLE COVERAGE LIMITS PERSONAL INJURY PROTECT EACH PERSON 15,000 15,000 ROAD SERVICE YES YES ENDORSEMENTS UNINSURED MOTORISTS PROPERTY DAMAGE COV YES YES AMENDATORY END-OR YES YES PREMIUMS LIABILITY-BODILY INJURY 733.11 228.77 PROPERTY DAMAGE included included UNINSURED MOTORISTS 22.46 22.46 UNDERINSURED MOTORISTS included included PERSONAL INJURY PROTECT 172.46 53.82 ROAD SERVICE 7.80 5.20 UNINSURED MOTORISTS PROPERTY DAMAGE COV 6.24 6.24 AMENDATORY END-OR included included FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BERKEY AT (541)779-8893. 11302OR (00-09104) INSURED'S COPY Pagel r 2003 MAZDA 2003 MAZDA Intentionally Left Blank Intentionally Left Blank Terr 029 Terr 029 VEHICLE PREMIUM $942.07 $316.49 The VEHICLE PREMIUM has already been changed by the following: DISCOUNTS SIMPLY DRIVE included GOOD DRVR/SELECT CUST included included MULTICAR included included TOTAL DISCOUNT -535.56 -217.27 ' Not applicable to this vehicle. Not applicable to this policy. The 2015 annual meeting for COUNTRY Mutual Insurance Company is April 22 at 1:00 pm, 1701 Towanda Ave., Bloomington, Illinois. APr 02 2014 AUTIOW WPRESF Ai OAT: COYNfEABK.KD FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BERKEY AT (541)779-8893. 11302OR (00-09/04) INSURED'S COPY Page 2 Page 1 / 1 ASHLAND PARK COMMIS! 6N 20 E MAIN ST. DATE = PO NUMBER ASHLAND, OR 97520 9/4/2014 00392 (541) 488-5300 VENDOR: 003823 SHIP TO: BIONDI BROS 1397 RAMADAAVE MEDFORD, OR 97504 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Field Stripinq of baseball, softball 5,000.00 and soccer fields at North Mountain and Hunter Parks. Contract for Goods and Services Less than $5,000 - Low Risk Beqinninq date: July 1, 2014 Completion date: June 30, 2015 SUBTOTAL 5,000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 5,000.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.02.06.60410 5,000.00 VENDOR COPY Authorized Si ure FOR M#3 CITY OF A re -,iesf for a Purchase Order -ASHLAND REQUISITION Date of request: q , i s- Required date for delivery: Vendor Name i ~ Ba4w'-S co Address, City, State, Zip 31"1 tti ~lecl kip! Q,: 97 51) Contact Name & Telephone Number C~hn~ ► l r l 1 - 7~ 1 Z Fax Number A 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 and solicitation 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/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $51K to $75K Valid until: Date Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost J r. Val i Z009- -a5) sc+bad Cuk-,~- Lk- q $1 ~J Cc~ 2 ~p~C~S I ~7~ ~Q lw '4- TOTAL COST ❑ Per attached quotelproposal Js" 6or resrc.e_ $ Project Number - Account Number 7-11 - GJW i Z . 02 . E . C-dt uo 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 requisitio fo , I certify t 't the City's public contracting requirements have been satisfied. Employee: 1 i Department Head: (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. / NO Finance Director- (Equal to orgy erthan $5,000) Da (e Comments: Form #3 - Requisition