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HomeMy WebLinkAbout2016-235 Contract - Biondi Bros Contract for GOODS AND SERVICES Small Procurement Less than $5,000 CITY OF INDEPENDENT CONTRACTOR: Biondi Bros. Co. -ASH LAND CONTACT: Chris Biondi 20 East Main Street ADDRESS: 2405 Blue Jay Lane Central Point, OR 97502 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 301-7612 FAX: N/A BEGINNING DATE: July 1, 2016 COMPLETION DATE: June 30, 2017 COMPENSATION: Per Exhibit B-(see attached Rate Sheet-Exhibit B) GOODS AND SERVICES TO BE PROVIDED: Field striping of baseball, softball and soccer fields at North Mountain Park and Hunter Park FY 16/17 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 PENALTY F LAW THAT THE WORK REQUIRED BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED:/. ~ b. General Liabilitv insurance.Wit a combined single limit, or the equivalent, of Hots than $1,000,000 500,000 or each occurrence for Bodily Injury and Property Damage. ` r✓.+l-1-3 C. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than 300,000)for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable c, 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 Ashla d: 7' L By Y Signalure Derartmen H a Print Nam Print Name_ Title to W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. APPNM,~ AS TO L : Tz Ashland st. Cl tt/ Date 7cer 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 contra 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 j 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. :Cxz (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 ~'Xh A) ► k & Biondi Bros Co 2405 Blue Jay Lane Central Point OR 97502 541-301-7612 To whom it may concern: For the fiscal year starting July 1St 2016-June 30th 2017 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. 30.00ea Softball foul lines. 30.00ea For all little league foul lines. 25.00ea Soccer fields. 110.00 for layout 65.00 for restripe Thank you, Chris Biondi ' X31 DATE (MM/DD/YYYY) -4 ® CERTIFICATE OF LIABILITY INSURANCE 7/29/2016 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 NAME: TREY BERKEY TREY BERKEY (23448) PHONE FAX 541-779-8894 711 BENNETT AVE A/c No EXtL 541-779-8893 1 (A/C, No): STE 102 ADDRIESS: TREY.BERKEY@COUNTRYFINANCIAL.COM MEDFORD, OR 97504-0000 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : COUNTRY Mutual Insurance Company 20990 INSURED 9953462 INSURER B : i BIONDI CHRIS DBA BIONDI BROTHERS INSURER C : 2405 BLUE JAY LN CENTRAL POINT, OR 97502 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. I R TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM LTR /DfYYYY MMDD/YYYY LIMITS LT GENERAL LIABILITY A69159403 /1/2016 8/1/2017 EACH OCCURRENCE $ 500,000 A DAMAGE TO RENTED V11 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE L ' J OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 500,000 GENERAL AGGREGATE $1,000,0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $1,000,000 F-1 JECT PRO- LOC $ Y. POLICY AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ 1~ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) _ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- 1OTH- AND EMPLOYERS' LIABILITY T RY LIMIT R Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L~ DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ II II ' 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 ACCORDANCE WITH THE POLICY PROVISIONS. 340 S PIONEER ST ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 A RD C ORATION. 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 Preferred Plan POLICY NUMBER POLICY TERM PAYMENT PLAN INS. OFFICE/ AGENT A36A4873743 6 MONTHS MONTHLY AMP I 36003 SOREG / 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, 2016 INSURED 12:01 a.m. standard time at your address ending Nov 06, 2016 12:00 a.m. BIONDI CHRIS 1029 MIRA MAR AVE Declarations reasons: MEDFORD OR 97504-8575 NAME AND/OR ADDRESS CHANGE MULTI-POLICY DISCOUNT ADDED Effective Jul 20, 2016 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. 3448 0000 TOTAL PREMIUM $348.51 PREMIUM CHANGE -$14.00 DO NOT PAY THIS AMOUNT. ANY BALANCE DUE WILL BE INCLUDED WITH YOUR NEXT MONTHLY WITHDRAWAL. VEHICLE VEHICLE, USE AND DRIVER INFORMATION 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 Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Terr 029 VEHICLE COVERAGE LIMITS PERSONAL INJURY PROTECT EACH PERSON 15,000 I I J ROAD SERVICE YES ENDORSEMENTS UNINSURED MOTORISTS PROPERTY DAMAGE COV YES AMENDATORY END-OR YES PREMIUMS LIABILITY-BODILY INJURY 257.77 PROPERTY DAMAGE included UNINSURED MOTORISTS 21.90 UNDERINSURED MOTORISTS included PERSONAL INJURY PROTECT 57.40 ROAD SERVICE 5.20 UNINSURED MOTORISTS PROPERTY DAMAGE COV 6.24 AMENDATORY END-OR included FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BERKEY AT (541)779-8893. 11302OR (01-06/16) INSURED'S COPY Pagel 2003 MAZDA Intentionally Left Blank Intentionally Left Blank Intentionally Left Blank Terr 029 VEHICLE PREMIUM $348.51 The VEHICLE PREMIUM has already been changed by the following: DISCOUNTS GOOD DRIVER included MULTICAR included MULTI-POLICY DISCOUNT included TOTAL DISCOUNT -184.33 - Not applicable to this policy. The 2017 annual meeting for COUNTRY Mutual Insurance Company is April 19 at 1:00 pm, 1701 Towanda Ave., Bloomington, Illinois. Ole= Jul 21, 2016 AUTHORIZED REPRESENTATIVE DATE COUNTERSIGNED FOR SERVICE CALL YOUR FINANCIAL REPRESENTATIVE TREY BERKEY AT (541)779-8893. 11302OR (01-06/16) INSURED'S COPY Page 2 Purchase Order ti a~ r 9 O ' Fiscal Year 2017 Page: 1 of: 1 a ~S 80 R E GaE'o ~Lcl}~uemu~~r,~u ~ L B Ashland Parks Commission 1 J , 3, i_ L ATTN: Accounts Payable Purchase L 20 E. Main 130 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Recreation Division (Grove E BIONDI BROS H 1195 East Main Street N 2405 BLUE JAY LN D CENTRAL POINT, OR 97502 P Ashland, OR 97520 Phone: 541/488-5340 O R O Fax: 541/488-5314 a 3uiii+57.Pt gig ndo ~1 it Ver{PhoneI~Nur~he '~~~~r~~"";i 541 857-0175 Rachel Dials 3 ~ .j ~hytk"9` ~ - Date,Orderetl@>~VeN Nu! b(N, . 08/25/2016 1578 FOB ASHLAND OR Parks Accounts Pa able itlt'em'# ,F 1 A -0 11 "11, -0011 - ' ID s S tr~~Ra OEM PI- rd. N defiW rP,,riee Field Striping The Above Purchase Order Number Must Apppear On All Correspondence - Packing Sheets And Bills Of Lading 1 Field striping baseball, softball and soccer fields at N. Mountain 1.0 $5,000.0000 $5,000.00 Park and Hunter Park Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: 07/01/2016 Completion date: 06/30/2017 GL Account: $5,000.00 GL SUMMARY 121200 - 602353 $5,000.00 By: Date: Authorized SignatGfe $5,000.00 FORM #3 •~L~..v CITY OF ASHLAND REQUISITION Date of request: 8/18/16 Required date for delivery: Vendor Name Nonch &ys Address, City, State, Zip Z_ J " i p2 l 7 ii -r De- Ci 7 - o Contact Name & Telephone Number 1'1-Dt La-l 11 3c1 -7tvi Z Fax Number K/ 1A 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 © Direct Award Date approved by Council: Contract # El 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 El Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, 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: _ (Attach copy of council communication) (Date) ❑ Form #4, Personal Services $5K to $75K Valid,until: Date Description of SERVICES c Total Cost S~ 0,- OG ~'i,t k SoF I ~ rJ~,t,~ JV( (.Qlr~ GV~ ~1 ,Vl flovvl(_ t NO.T- c.xc $ 500D Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quote/proposal TOTAL COST Project Number Account NumbeQ_jL 12-61 Z_- Ola k02,1S3 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, 1 certify that the City's public contracting requirements have been satisfied. Employee: Department Head: (Equal to 6r greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. rEE.'/ NO Finance Director- (Equal to orgrea~lr than $5,000) Date Comments: Form #3 - Requisition