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Home My WebLink About2015-310 Contract - Butterfield Originals Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Butterfield Originals -ASHLAND CONTACT: Roger Butterfield 20 East Main Street ADDRESS: W3~ Ashland, Oregon 97520 n C, I ,,Y fly Z Telephone: 541/488-6002 ~4 t1bLV( wc~ Fax: 541/488-5311 TELEPHONE Sit 0,,#D FAX: BEGINNING DATE: 11-21-22`015 COMPLETION DATE: 11-21-2015 '~O COMPENSATION: GOODS AND SERVICES TO BE PROVIDED' ice sculpting et up and performance for First Frost Opening Night Event at the Ashland Rotary Centennial Ice Rink. 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, fumish 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-fliscrimi nation 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 pf 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. Dpf,Rylt. The Contractor shall be in default of this agreement if Contractor commits any material breach or default of any covenant, warranty, cer0cation, 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 UNDE E LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGN b. Ge neral Liability insurance with a combined single limit, or the equivalss 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. C tractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. ContA City of Ash: By By Si n uret= .-t Qgpaq en H~ d A c-i`- Print Name QPrii t ameI vim: Dc4J -r- 4 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Revised 10-28-14 Page 1 of 2 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. ~C (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 tot labor or services to be provided. I~ Contra for (Date) C\ rte, U- - -z- _ R y . J 1 C✓~G-LL! 0113 (~~L Y ~J n, ti M1 lz. L~ZLac'L VV'- Revised 10-28-14 Page 2 of 2 DATE(MM/DDlYYYY) VCERTIFICATE 28/2015 10:06 5414884215 PAUL VOLZ INS PAGE 01/01 CERTIFICATE OF LIABILITY INSURANCE 0/28/2015 ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 pollcy(les) 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 NCON TAU I AME: Paul W Volt Insurance Agency AJC.N.E.:541-482-8463 aCNO541-488-4215 450 Siskiyou Blvd Ste 5 E-MAIL ADDRESS: Ashland OR 97520 INSURERIS) AFFORDING COVERAGE NAICM INSURER A : CBIC 37206 INSURED ROGER BUTTERFIELD INSURER B : DBA: BUTTERFIELD ORIGINALS INC INSURER 0: 215 TOLMAN CREEK RD #36 INSURER D: ASHLAND, OR 97520 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 TYPE OF INSURANCE LSI waR SUWVD S LIMITS POLICY NUMBER NIM/DD MMIODlYYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE EwrF5 E oocumoncv $ 300'_000 EMI$a S a X COMMERCIAL GENERAL LIABILITY PR CLAIMS-MADE ® OCCUR MEO EXP (Any one person) $5,000 A D12PG7668 11/04/1511/04/16 PERSONAL BADVINJURY S 1,000,000 OENERAL AGGREGATE $ 2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGO S 2,000,000 X POLICY PE LOC $ AUTOMOBILE LIA81LnY Ea et.6denl $ ANYAUTO BODILY INJURY (Per person) ALL OWNED SCTOS HEDULED AUTOS AU BODILY INJURY (Paraccidont) $ NON-OWNED $ Per accjdent S HIRED AUTOS AUTOS UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ IOTH- WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN T I ER ANY PROPRIETORIPARThIrREXa CUTIVE NIA E.L. EACH ACCIDENT $ OFFICERIMEWER EXCLUOED9 (Mandatory In NH) E.L. DISEASE • EA EMPLOYE $ if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AneCh ACORD 101, Addtional Remarks Schedule, If more space Is raquirvd) ICE SCULPTURE EVENT NOVEMBER 20 & 21, 2015 CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE 340 S PIONEER ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ASHLAND OR 97 520 ACCORDANCE WITH THE POLICY PROVISIONS, ATTN: LONNY FLORA FAX: 541-488-5314 AUTHORIZED REPRESENTATIVE P a,u•l w Vol ~ ®1988-2010 ACORD CORPORATION, All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks ofACORD Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 11/6/2015 1 F 00513 (541) 4885300 VENDOR: 004327 SHIP TO: BUTTERFIELD, ROGER 215 TOLMAN CREEK ROAD #36 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: LonnV Flora Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Ice Sculpture for Ice Rink Openinq 900.00 Contract for Goods and Services Small Procurement Less than $5,000 Beqinninq date: 11/21/2015 Completion date: 11/21/2015 SUBTOTAL 900.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 900.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.03.02.60691 E 000007.999 900.00 Auth6,ized Signature VENDOR COPY FORM #3 CITY OF ry ASHLAND REQUISITION Date of request: l0- 7O -d Required date for delivery: - - Vendor Name S Address, City, State, Zip Q 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 Attach co of council communication If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Date approved by Council: Direct Award Contract # verbal/written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 - (Attach copy of council communication) Description of SERVICES Total Cost SC LA. ✓rc.~ ~o tC~ Y rZ1t, Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number Od( ~~-9 Account Number 2111 - !Q f1~ bOJzgl~ 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 satisfied. Employee: Z Department Head: (Equal to or greater than $5,000) Department Manager/Supervis 1 4 City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition