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HomeMy WebLinkAbout2015-221 Contract - Brothers Restoration Contract for GOODS AND SERVICES Small Procurement Less than $5,000 AsH~ INDEPENDENT CONTRACTOR: Brothers Restoration CONTACT: Josh Hindman ADDRESS: 705 Beatty Street, Suite A City of Ashland Parks and Recreation Medford, OR 97501 340 S. Pioneer Street TELEPHONE: 541-973-5810 EMAIL: josh@brothersrestore.com Ashland, Oregon 97520 Telephone: 541/488-5340 Fax: 541/488-5314 BEGINNING DATE: 7/18/15 COMPLETION DATE: 7/31/15 COMPENSATION: $4,178.00 GOODS AND SERVICES TO BE PROVIDED: Restore water damage of a private residence caused by a broken water pipe at Oak Knoll Golf Course. 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. Ownership of Production: All documents, materials or items produced by Contractor pursuant to this contract shall be the property of City. 4. Statutory Requirements: ORS 279B.220, 2798.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 5. 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. 6. Termination: City's Convenience. This contract may be terminated at any time by the City. 7. 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. 8. 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. 9. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 10. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work. 11. 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. 12. 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. 13. Insurance. Contractor shall at its own expense provide the following insurance: a. 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. Worker's compensation insurance is required if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENA T OF LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: b. General Liability insurance with a combined single limit, or the equivalent, o Mot less than $1,000,000 for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. 14. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon 15. 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. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of A hil d: ~j B BY Iy. Y Cb ~ Sig toe Degartm it Head ~ ~~-t`n.c~n~a✓1 /ill c ~1 Print Name Print a Title at W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order NO. Revised 7-14-15 Page 1 of 2 Ash s ity AhwAy 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 contr ocuments, 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 specific portion of my f / residence, set aside as the location of the business. v (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 I bor or services to be provided. Contractor (Date) Revised 7-14-15 Page 2 of 2 ® DATE (MM/DD/YYYY) A(CORD CERTIFICATE OF LIABILITY INSURANCE 7/30/2015 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 endorsements . PRODUCER CONTACT NAME: .Sheryl Worts ,C A Protectors Insurance, LLC PHONE 41)772-1 o Ext : (541)842-2968 AIC No P.O. Box 4669 E-MAIL Medford OR 97504 ADDRESS sherylw@orotectorsins.com INSURER(S)AFFORDINGCOVERAGE _ NAIC# INSURERA:Rockhill Insurance Company INSURED BROTH-2 INSURER B -.Ohio Security Insurance 2402 Brothers Restoration LLC INSURER C : Tom Hazelton INSURER D : 705 Beatty St, Ste A Medford OR 97501 INSURER E : _ - ! INSURER F : COVERAGES CERTIFICATE NUMBER: 889857408 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. INSR TYPE OF INSURANCE IADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 'INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY ENVP011117-00 9/30/2014 9/30/2015 OCCURRENCE _ $1000000 X [,,EACH AMAGE TO RENTED _ -COMMERCIAL GENERAL LIABILITY REMISES (Ea occurrence)-- $100000_ _ _ 7 CLAIMS-MADE Kill OCCUR MED EXP (Any. one person) $10,000 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO $2000000 X POLICY PRO LOC $ COMBIN B AUTOMOBILE LIABILITY BAS56342976 10/2!2014 10/2/2015 (Ea accident) _ $1 dent)_ 01000 X ANY AUTO BODILY INJURY (Per person) $ - ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ _ HIRED AUTOS AUTOS Per accident A UMBRELLA LIAB X OCCUR ENVE011120-00 9130/2014 9/30/2015 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- TORY LIMITS ER_ AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE❑NIA E.L. EACH ACCIDEN_T_ is OFFICER/MEMBER EXCLUDED? - _ -I- (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below ESEASE -POLICY LIMIT $ A Professional Liability ENVP011117-00 9130/2014 9/30/2015 Each Incident 1,000,000 Pollution Liability Aggregate 2,000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Ashland is additional Insured for General Liability per attached Policy form CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Parks & Recreation Dept 340 S. Pioneer RUTH IZED REPRESENTATIVE Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Y m b C- 0 C/) m Cf) >~Q7 = m C)~ _ p m z © C/) z o ° 'z m o ~ CD O z o co d o p z z~ a .0 (n n M m o zZ o z m~ ~ -0 !-q m ~D _ o >C v m Qc) (n rn o -a tv z 0 (D m w ~o T o rn m G fl v Z Z M Cu > r, A m 0 o a =ro z (D C) z ; a o m mm co -i _ ?C 70 O n ~ r co z C X z o m C ° c Cl) tn L m r z > m 0 CF)w m 0 BROn►ERS4 Brothers Restoration ESTORAnON R ' Brothers Restoration, LLC 705 Beatty St. Suite A Medford, OR_ 97501 Client: Ashland Parks and Rec. Property: 2920 Wedgewood Ln. Ashland, OR 97520 Operator: TOM Estimator: Josh Hindman Cellular: (541) 973-5810 Business: 705 Beatty St. Ste A Medford, OR 97501 Reference: Business: (541) 973-2939 Company: Brothers Restoration E-mail: josh@brothersrestore.com Business: 705 Beatty St Ste A Medford, OR 97501 Type of Estimate: <NONE> Date Entered: 7/20/2015 Date Assigned: Price List: ORMEBX JUL 15 Labor Efficiency: Restoration/Service/Remodel Estimate: 2015-07-20-1312 Brothers Restoration BROTMRS4~ ESTORAT/ON R Brothers Restoration, LLC 705 Beatty St. Suite A Medford, OR. 97501 2015-07-20-1312 Main Level Main Level DESCRIPTION QTY UNIT PRICE TOTAL 1. R&R Wood gate 5'- 6' high - cedar or equal 8.00 LF a, 47.91 = 383.28 damaged during flooding on side of home 2. Detach & Reset Sump pump - 1/3 hp - up to 1 1/2" discharge 1.00 EA @ 109.14 = 109.14 resetting pump propcrly. the high water moved it and detached it from its drain assembly Rooml Height: 8' DESCRIPTION QTY UNIT PRICE TOTAL 3. Remove Polyethylene vapor barrier 2,132.79 SF @ 0.26 = 554.53 4. R&R Batt insulation - 6" - R19 - unfaced batt 400.00 SF @ 1.04 = 416.00 5. Polyethylene vapor barrier 2,132.79 SF @ 0.37 = 789.13 6. Add for personal protective equipment (hazardous cleanup) 8.00 EA a 8.97 = 71.76 7. Air mover axial fan (per 24 hour period) - No monitoring 25.00 EA @ 28.50 = 712.50 5 for 5 days to dry crawl space 8. Haul debris - per pickup truck load - including dump fees 1.00 EA cL 118.47 = 118.47 9. Equipment decontamination charge - per piece of equipment 5.00 EA cz 30.11 = 150.55 10. Equipment setup, take down, and monitoring (hourly charge) 4.00 HR @ 44.08 = 176.32 Grand Total Areas: 1,537.33 SF Walls 2,132.79 SF Ceiling 3,670.13 SF Walls and Ceiling 2,132.79 SF Floor 236.98 SY Flooring 192.17 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 192.17 LF Cell. Perimeter 2,132.79 Floor Area 2,197.29 Total Area 1,537.33 interior Wall Area 1,753.50 Exterior Wall Area 194.83 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2015-07-20-1312 7/21/2015 Page:2 BRO"IERSBrothers Restoration ESTORATION- R Brothers Restoration, LLC 705 Beatty St. Suite A Medford, OR. 97501 Summary Line Item Total 3,481.68 Overhead 348.16 Profit 348.16 Replacement Cost Value $4,178.00 Net Claim $4,178.00 Josh Hindman 2015-07-20-1312 7/21/2015 Page :3 Brothers Restoration 705A Beatty Street, Medford, OR, 97501 BROMERS (541) 973--29 2939 /Ashland Parks and Recreation Job #1429 - Water Damage invoice # 1244 2920 Wedgewood Ln, Date 7/29/2015 Ashland, OR, 97520 Amount Due $4,178.00 Due Date 8/13/2015 Item Description Price Quantity Amount Repairs from water damage repairs in crawl space from irrigation water and rebuild $4,178.00 1.00 $4,178.00 gate Sub Total $4,178.00 Total $4,178.00 Amount Paid $0.00 Balance Due $4,178.00 S P E C I A L I N S T R U C T 1 0 N S Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 8/13/2015 00477 (541) 488-5300 VENDOR: 004678 SHIP TO: BROTHERS RESTORATION 705 BEATTY STREET SUITE E MEDFORD, OR 97501 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Restoration services for flooded 4,178.00 private property adjacent to Oak Knoll Golf Course Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: 07/18/2015 Completion date: 07/31/2015 SUBTOTAL 4178.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 4,178.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.04.00.60235 4,178.00 Ay- A(ithorized Signature VENDOR COPY FORM #3 recluesf for a Purchase Order REQUISITION Date of request: 7/29/15 Required date for delivery: 8/7/15 Vendor Name Brothers Restoration, LLC / 705 Beatty Street, Suite A / Medford, OR 97501 Address, City, State, Zip Attn: Josh Hindman Tel -541-973-5810 or 541-973-2939 ioshO brothersrestore.com Contact Name & Tel 1 Fax Number SOURCING METHOD ❑ Exempt from Competitive Biddinq ® 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 ro osal 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 ❑ 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 $5K to $75K Valid until: Date Description of SERVICES Total Cost Restoration services for flooded private property adjacent to Oak Knoll Golf Course. 4,178.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quote/proposal TOTAL COST Project Number Account Numbers: 211.12.04.00.602353 $ 4,178.00 AccountNumber_ - Account *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 satisfied. iai , :Z Department Head: Employee:/ ~r~ C- (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: YES / NO Finance Director (Equal to orgreaterthan $5,000) Date Form #3 - Requisition CITY OF FORM #13 ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: Michael A. Black, Director, Ashland Parks and Recreation Commission Date: July 27, 2015 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: On the morning of Sunday, July 19, 2015, an off-duty Park Tech I was driving by the Oak Knoll Golf Course and noticed a water line had broken, causing a flood onto a private property adjacent to the golf course. I went to the home to help with this water emergency. After making several phone calls to restoration companies in the Rogue Valley, I found one that was willing and able to assist with mitigation efforts: Brothers Restoration. I also made several phone calls to Parks and City staff about best methods for emergency procurements. Attached to this Form #13 is the invoice from Brothers Restoration for $4,178. In addition to this expense, restorative yard work will need to be completed by Parks staff, with goods and services procured, tipping the estimated total above $5, 000. Document solicitation process: On Sunday morning, July 19, 2015, several phone calls were made to restoration companies and only one responded: Brothers Restoration of Medford. With no time to waste, Brothers Restoration was directly appointed this contract due to extreme necessity caused by a threat from public property onto private property. In addition to this $4,178 expense, restorative yard work will need to be completed by Parks staff, with goods and services procured, tipping the estimated total above $5, 000. Amount of Emergency Contract with Brothers Restoration: $ 4.178.00 Written Order Emergency Procurement is being authorised by the City Administrator as specified by this written order. Authorized by:~ ' Date: < City Administrator /Public Contracting Off cer Report Emergency Procurement to the City Council: Yes / No Note: Emergency Procurements equal to or greater than $100, 000 for Goods and Services and equal to or greater than $75, 000 for Personal Services will require Council approval. Form #13 - Emergency Procurement - Written Findings and Request for Approval, Page 1 of 1, 7/27/2015