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2015-342 Contract - Fred Skaff Construction
Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Skaff Construction ASHLAND CONTACT: Fred Skaff 20 East Main Street ADDRESS: 224 Samuel Lane, Phoenix, OR 97535 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: F S F. t - 2 r" ~ FAX: BEGINNING DATE: I t COMPLETION DATE: I r COMPENSATION: $475.00 per proposal attached as Exhibit B. GOODS AND SERVICES TO BE PROVIDED: Door and door trim fir out installation per proposal attached as Exhibit B. 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, 2798.235, 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 PENALTY~QF LAW TH T 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, ofno~T~ss than $1,000,000 for ach 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 Ashland: By - By ; . nature apartment Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. l 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. Lam. (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. -1 (5) Labor or services are performed for two or more different persons within a period of one year. -L- (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 DATE(MMIDDnyYYt CERTIFICATE OF LIABILITY INSURANCE A ©RD 10/23/2015 ,PIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFE1S NO RIGHTS UPON THE CERTIRCATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRt,CT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder, is an ADDITIONAL INSURED, the pollcy(ies) mw-.t 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 endorsemen s . PRODUCER - CONTACT INSURANCE MARKETPLACE, INC. NAM: PHONE FAX PO BOX 278 E•IIIAL AIC No ADDRESS: MEDFORD, OR 97501 INSURERS) AFPDRDINGCOVERAGE NAIC# INSURER A : C'wtractors Bonding and Insurance Company INSURED INSURER B : SKAFF HOMES INSURER C : FREDERICK J SKAFF DBA: INSURER D - 224 SAMUEL RD INSURERE: PHOENIX, OR 97535 UISURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE;) 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 REDUCE.) BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER Dn MIDDIYYYY LIMITS A X COMMERCIAL GENERAL Lmiur Y EACH OCCURRENCE 500,000 f-VI (Ea a 300,000 CLAIMS-MADE OCCUR D11 PE2585 12/1412015 12/1412016 MEDEXP (Any or*paraon $ 5,000 PERSONAL a ADV INJURY $ 500,000 GENL AGGREGATE LNI T APPLIES PER: GENERAL AGGREGATE $ 1,000,000 X POLICY 1:1 JJEEGOT ~LOC PROOt1CT5-coMP1oPAGG S 1,000,000 OTHER: y $ AUTOMOBILE LIABILITY 70- COMBINED SINGLE LIMIT $ a aocbmt ANY AUTO BODILY INJURY (Per persm) $ ALL AUTOS AUTOS SCHEDULED BODILY INJURY OWacident) $ HIRED AUTOS NON-OWNED PROPERTYDAMAGE $ AUTOS eracdden 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAJMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION - PBT OTH- AND EMPLOYERS' LIABILITY YIN STATUTE - ER ANY PROPRIETOR/PARTNERIEXECUTIVE F-~ NIA EL EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In NN) E.L. DISEASE - EA EMPLOYE~ $ Ityes desailmunder DESCRIPTION OF OPERATIONS bebw E.L DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS i LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Srhadule, may is attached it more spa" is raquirsd) Products and completed operations coverage is included according to the terms of the policy and subject to applicable policy exclusions. Oregon Registration #110627 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CONSTRUCTION CONTRACTORS BOARD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE V&M THE POLICY PROVISIONS. PO BOX 14140 SALEM, OR 97309 '+uT"°R'zE°RE~ResE"T"Tn'E 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CCB# 110627 Skall Construction Estimate For Professional Services ESTAMATE DATE / 1211612015 CLIENT/ Ashland Fire Department PROJECT / Door and door trim fir out installation PROPOSED INSTALATION DATE/ December 21-31,2015 Labor $325 Oak Trim $150 SUB TOTAL / $475 ADDITIONAL LABOR FOR BRUSH FINNISH WORK, IF DESIRED @a $35 Per hour $475 30 davs after comWetion PAYABLE TO / Skaff Construction 224 Samuel lane MAIL CHECK TO / 224 Samuel lane Phoenix, OR 97535 T7/TI/Vt- fwea( Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 12/21/2015 13300 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019948 SHIP TO: Ashland Fire Department FRED SKAFF CONSTRUCTION (541) 482-2770 224 SAMUEL LANE 455 SISKIYOU BLVD PHOENIX, OR 97535 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Scott Hollingsworth Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Door and door trim fir out installation 475.00 Location: Fire Station Contract for Goods and Services Small Procuement less than $5,000 Beqinninq date: 12/21/2015 Completion date: 12/31/2015 t SUBTOTAL 475.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 475.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.07.12.00.60222 475.00 VENDOR COPY Authorized Signature FORM#3 CITY OF 'sA dor C:li Purchase Onler ASHLAND REQUISITION Date of request: -mil l Required date for delivery: Vendor Name Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reaso>a4orexemp ion:---_ ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ Date approved by Council: ❑ Written quote or proposal attached r quote or ro osahattached Attach co of council communication If council approval required, attach co of CC Small Procurement Cooperative Procurement ess thaaS5.000 l) ❑ Request for Proposal (Copies on file) ❑ State of Oregon Direct Award Date approved by Council: Contract # Verbal/Written quote(s o a (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 ❑ Agency ❑ Form #g, Request for Approval ❑ 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 K Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication) Description of SERVICES Total Cost i Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quote/proposal $ Project Number Account Number kl Account 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. Employee: hl Department Head: Department Manager/Supervisor: ~ ' J (Equal to..orgreater than $5,000) ~ f ~ty ~4dmmistrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition