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HomeMy WebLinkAbout2015-264 Contract - Biondi Bros Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY Of INDEPENDENT CONTRACTOR: Biondi Bros. Co. ASHLAND CONTACT: Chris Biondi 20 East Main Street Ashland, Oregon 97520 ADDRESS: -r97-Rarnada Ave 1 fdedfof- Telephone: 541/488-6002 - FOR -97504- Fax: 541/488-5311 s _ ~g Parks & Recreation TELEPHONE: 541-857-0175; Cell: 541-301-7612 BEGINNING DATE: Jul 1, 2015 COMPLETION DATE: June 30, 2016 COMPENSATION: Not to Exceed $5,000 See attached rate sheet. GOODS AND SERVICES TO BE PROVIDED: Field striping of baseball, softball and soccer fields at North Mountain Park and Hunter Park for FY15/16 In the event of conflicts or discrepancies among Contract Documents, this standard form of the City of Ashland Contract will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with this standard form City of Ashland Contract. 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, 279B.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 PE^TY 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, of not less than $1-;009;800 $500,000 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 $300,000 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 Ashland: "I Signature Department Head l r` °z~ r 4 ° r: All I~ r t A 17 Print Name Pri . t Na e s Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. 7 '7 APP VED Td RM Ashland omey Revised 10-28-14 Page 1 of 2 Date_ _l ~ 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 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. i..~` (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) Revised 10-28-14 Page 2 of 2 August 1" 2015 Biondi Bros Co. +3.9-7--Ramada Ave Med€6rd Or 97504 t1)3~ To whom it may concern: For the fiscal year starting July 1" 2015- June 30th 2016 For field striping of baseball, softball and soccer fields at North Mtn park and Hunter park this coming year. My quote to do the above work will not exceed 5,000 dollars. Billing will continue on a monthly basis. Prices are as follows per field, For Jr and Sr Varsity baseball. 25.00ea Softball foul lines. 20.00ea For all little league foul lines. 20.00ea Soccer fields. 100.00 for layout 60.00 for restripe Thank you, Chris Biondi CFFax01 8/11/2015 2:12:52 PM PAGE 2/002 Fax Server 0 F DATE (MM/DD/YVYY) ACURD CERTIFICATE OF LIABILITY INSURANCE 8/11/2015 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 policyll 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 NCONTACT AME: TREY BERKEY TREY BERKEY (23448) PHONE FAx 711 BENNETTAVE C.., No Ext: 541-779-8893 tuc No:541-779-8894 STE 102 ADDRESS: TREY. BERKEY@COUNTRYFINANCIAL.COM MEDFORD, OR 97504-0000 INSURER(S) AFFORDING COVERAGE NAIC ft INSURER A: COUNTRY Mutual Insurance Company 20990 INSURED 9953462 INSURER B : BIONDI CHRIS INSURER C: 1397 RAMA+DAAVI* t r ` , 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. INSR ADDL UBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYV MM/DD/VYY GENERAL LIABILITY EACH OCCURRENCE $ 500,000 A A69159403 /1/2015 8/1/2016 DAMAGE TORENT ED COMMERCIAL GENERAL LIABILITY PRFMISES Ea occurrence S100,000 CLAIMS-MADE [./]OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $500,000 GENERAL AGGREGATE $1,000,000 GENT AGGREGATE LIMIT APPLIFS PER: PRODUCTS - COMP/OPAGG $1,000,000 [ I LOC $ POLICY P AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANYAUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TDRY LIAfrTS ER ANY PROPRIETOR/PARTNI-R/EXECUTIVE ❑ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below ET_ DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ 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 CITY OF ASHLAND THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 340 S PIONEER ST ACCORDANCE WITH THE POLICY PROVISIONS. ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ©1988--22010 AAC"O'-R'DD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 08/27/2015 7:52AM FAX 5417798894 TREY BERKEY AGENCY IA0001/0003 COUNTRY, insurance & Financial Services Trey Berkey Agency 711 Sennett Ave Medford, Or 97504 Phone: (541)779-8893 Fax: (541)779-8894 ax To: City of Ashland From: Stacy Robinson, office Manager Fax: 541-488-5314 Pages: 3 Re: Proof of Insurance -Chris Biondi Date: 8/27/2015 8:53 AM ❑ Urgent ❑ For Review Please Comment ❑ Please Reply ❑ Please Recycle Comments: Please feel free to give a call if you have any q estions or need further information! Thank you, Stacy Robinson Office Manager S41-779-8893 08/27/2015 7:53AM FAX 5417798894 TREY BERKEY AGENCY 40002/0003 AUTO INSURANCE DECLARATIONS COUNTRY Mutual Insurance Company. P.O. Box 14151, Salem, Oregon 97309-5069 Preferred Plan POLICY NUMBER POLICY TERM PAYMENT PLAN INS, OFFICE / AGENT A36A4073743 6 MONTHS MONTHLY AMP 36003 SOREG 123448 To report a claim or for roadside assistance any ACCOUNT N MBER 9921522 -001-00001 time day or night, call 1-866-COUNTRY(1-866.268-6879) Policy period eginning May 06, 2015 INSURED 12:01 a.m. sic ndard time at your address ending No 06, 2015 12:00 a.m. BIONDI CHRIS 2405 BLUE JAY LN Declarations easons: CENTRAL POINT OR 97502-1522 VEHICLE REMOVED NAME A ID/OR ADDRESS CHANGE Effective Jun 2, 2015 12:01 a.m. standard time at your addr s. Your policy c nslsts of the policy booklet, applications, eclarations pages and any endorr,emen , Please keep them together. 3448 0000 TOTAL PREMIUM PREMIUM CHANGE DO NOT PAY THIS AMOUNT. ANY BALANCE DUE WILL E INCLUDED WITH YOUR NEXT MONTHL WITHDRAWAL. 4",CLf VEHICLE, USE AND ONIVEH INFOIRMA710 2003 MAZOA M05947 TRUCK 1 TON AND UND R, PLEASURE, MALE, 30.64 POLICY COVERAGE LIMITS EACH PERS N 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 MAZE A Intentionally Left Blank Int ntlonally Left Blank Intentionally Left Blank Terr 029 VEHICLE COVERAGE LIMITS PERSONAL INJURY PROTECT EACH PERSON 15,0110 ROAD SERVICE Y S ENDORSEMENTS UNINSURED MOTORISTS PROPERTY DAMAGE COV Y S AMENDATORY END-OR Y S PREMIUMS LIABILITY-BODILY INJURY 230, e PROPERTY DAMAGE includ d UNINSURED MOTORISTS 21. 0 UNDERINSURED MOTORISTS includ d PERSONAL INJURY PROTECT 51. ROAD SERVICE 5. 0 UNINSURED MOTORISTS PROPERTY DAMAGE COV 6. 4 AMENDATORY END-OR includ d FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BER Y AT (541)779-8893. 113020R (00-09/04) INSURED'S COPY Page 1 08/27/2015 7:53AM FAX 5417798894 TREY BERKEY AGENCY IA0003/0003 2003 MAZ A Intentionally Left Blank Ird ntionally Left Blank Intentionally Left Blank Tarr 0 9 VEHICLE PREMIUM $315, 6 The VEHICLE PREMIUM has already been changed by the /ollowine: DISCOUNTS GOOD DRVR/SELECT CUST Includ d MULTICAR includ d TOTAL DISCOUNT -217.)8 - Not applicable to this policy. The 2016 annual meeting for COUNTRY Mutual Insurance Co pony is April 20 at 1:00 pm, 1701 Towanda A a., Bloomington, Illinois. K•- Jun 16, 2016 /,MgpCID RiDALpCIRAi[/fi m%eouwraRGIO,iO FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BER EY AT (541)779-8893, 11302OR (00-09104) INSURED'S COPY Page 2 _r Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN' ST. DATE PO NUMBER ASHLAND, OR 97520 9/1612015 00494 (541) 488-5300 VENDOR: 003823 SHIP TO: BIONDI BROS 2405 BLUE JAY LN CENTRAL POINT, OR 97502 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Field stripinq for baseball, softball 5,000.00 and soccer at N. Mountain Park and Hunter Park, FY 2016, Not to exceed $5,000 Contract for Goods and Services Small Procurement less than $5,000 Beqinninq date: JuIV 1, 2015 Completion date: June 30, 2016 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 211.12.02.06.60235 5,000.00 VENDOR COPY ~J Authorized Signature YO'RM#3 CITY OF G.wqu or ti : urch'Ihe Order ASHLAND REQUISITION Date of request: 9/14/15 Required date for delivery: 9/23/15 Vendor Name Biondi Bros Co. Address, City, State, Zip 2405 Blue Jay Lane, Central Point, OR 97502 Contact Name & Telephone Number Fax Number Chris Biondi - Tel: 541-857-0175 Cell: 541-301-7612 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 FY 15-16 ® 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) I Description of SERVICES Total Cost Field striping for baseball, softball and soccer at N. Mtn Park and Hunter Park, FY 16. $ 5,000 Not to exceed $5,000. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $5,000 Project Number Account Number 211_-_12 - -02. 06-_602353 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: ITDirector Date Support-Yes/No Tled~ `q By signing this requisition rm,~ty ghat the City's,public contracting `eqm ~remenfs have been satis r1y Employee: Department Head: -J (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greeaater han $25,000) ~ Funds appropriated for current fiscal year: YiS / NO CW L3 Finance Director- (Equal to o ,000) Date Comments: Form #3 - Requisition