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HomeMy WebLinkAbout2016-244 Contract - Clearwater Oasis Contract for GOODS AND SERVICES Small Procurement Less than $5,000 C I T Y OF INDEPENDENT CONTRACTOR: Clearwater Oasis, LLC -ASHLAND CONTACT: Spence Webber 20 East Main Street ADDRESS: 259 E. Barnett Rd. Suite H Medford, OR 97501 Ashland, Oregon 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 772-2436 FAX: BEGINNING DATE: September 12, 2016 COMPLETION DATE: October 1, 2016 COMPENSATION: As per attached Exhibit B. Not to exceed $1760 GOODS AND SERVICES TO BE PROVIDED: Preparation, materials and labor to replace and repair tiles at Daniel Meyer Pool. 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 ur der this contract are f!.IIv 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 rr:ust also maintain a c rrent 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 require subject employers to provide Oregon workers' compensation coverage for all their subject workers. Worker's compensation insurance is requi d if work is performed by employees, subcontractors, or volunteers. BY INITIALING THIS SENTENCE, CONTRACTOR CERTIFIES UNDER PENH 61LAW THAT THJ WORK REQUgiFp BY THIS CONTRACT SHALL BE PERFORMED SOLELY BY THE UNDERSIGNED: - ~~~iGL Flu.. CAW b. General Liability insurance with a combined single limit, or the equivalent, t less than each occurrence for Bodily Injury y~ and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than61,000,000~ or 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 As land: By By-1 Signa ure A egartmrn He~i j Print Name Pri t Name 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. t~ (3) Telephone listing is used for the business separate from the personal residence listing. ~s (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 labor or services to be provided. r l ~e Contr or (Date) Revised 10-28-14 Page 2 of 2 Clearwater Oasis LLC aw~ 259 E. Barnett Rd. Suite H Medford, OR 97501 US (541)772-2436 clearwateroasisl @yahoo.com ESTIMATE # 1127 DATE 08/06/2016 ADDRESS ASHLAND PARKS & REC 340 S. PIONEER ST. ASHLAND, OR 97520 Please detach top portion and return with your payment. SALES REP Spence 08/06/2016 08/06/2016 Sales 1 200.00 200.00 Misc. Parts 09/12/2016 09/12/2016 Sales 24 65.00 1,560.00 Preparation, materials and labor to replace and repair tiles TOTAL $1,760.00 Accepted By Accepted Date ® DATE (MM/DD/YYYY) ,A`CC ° CERTIFICATE OF LIABILITY INSURANCE 8/17/2016 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 have ADDITIONAL INSURED provisions or 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 NCUNIACI AME: KEAGEN EDWARDS Insurance Lounge AICC, N No, Ext : 503-233-3301 (A/C, No): L-MAIL DDRESS: keagen.edwards ~tinsurancelounge. com PO BOX 700 A INSURER(S) AFFORDING COVERAGE NAIC # GRANTS PASS OR 97528 INSURER A : HARTFORD ACCID & IND CO 22357 INSURED INSURER B : Clearwater Oasis LLC INSURER C : 259 E Barnett Rd Ste H INSURER D : INSURER E : Medford OR 97501 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ UAMAU'_ 'U 'I-_N I ELI CLAIMS-MADE ❑ OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO LOC PRODUCTS - COMP/OP AGG $ POLICY ❑ JECT OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1000000 X ANY AUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED 52UECGZ2979 06/11/2016 06/11/2017 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED g AUTOS ONLY AUTOS ONLY (Per accident) PIP $ 1000000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION HEH - ND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) L L_ 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. 1 195 E MAIN ST AUTHORIZED REPRESENTATIVE ASHLAND, OR 97520 KEAGEN EDWARDS ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CLEAR-1 OP ID: GW Y) 8/26 ~2s12016 ACORio` CERTIFICATE OF LIABILITY INSURANCE 11ATE o o1 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 NCONTACT AME: George Wheeler The Insurance Center, Inc. ONE 541-899-9535 ac 1 a/ Ext : No): 541-899-9532 240 West C Street P O BOX 6 A DRIESS: Jacksonville, OR 97530 George Wheeler INSURERS AFFORDING COVERAGE i NAIC # INSURER A : Red Shield INSURED Clearwater Oasis LLC INSURER B : AttnReid Richey INSURER C 259 E. Barnett Suit H 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. POLICY EFF INSR TYPE OF INSURANCE AD DL SUB POLICY NUMBER MM/ D/YWY MM/DDYlYYYY 1 LIMITS LTR IN SD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE 7 OCCUR X CLP 013021 04127/2016 04/27/2017 PREMISES (Ea occurrence $ _ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 I, G-EJN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 PRO LOC PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY I I JECT i $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS P-1 AUTOS PROPERTY DAMAGE NON-OWNED Per accident $ HIRED AUTOS AUTOS UMBRELLA LIAB j OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE Is DED RETENTION $ I $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N 1 A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I E.L. DISEASE - EA EMPLOYEE If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below I I i DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland and it's elected officials and employees named additional insured. Project: Dan Meyer Pool Dates: 9-12-2016 to 10-1-2016 CERTIFICATE HOLDER CANCELLATION C ITYAS H SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St. AUTHORIZED REPRESENTATIVE Ashland, OR 97520 George Wheeler ©1988-2 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Purchase Order 9 0 Fiscal Year 2017 Page: 1 of: 1 RECf'co ~Lg- - - ~1~fiRL[~T~-1711~1~1 B Ashland Parks Commission I ATTN: Accounts Payable L 20 E. Main Purchase 149 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V CLEARWATER OASIS LLC H C/O Recreation Division (Grove E l 1195 East Main Street N 259 E BARNETT RD STE H P Ashland, OR 97520 D MEDFORD, OR 97501 Phone: 541/488-5340 O T Fax: 541/488-5314 R O 541 772-2436 Rachel Dials [~a-r~fsr~s~= 09/07/2016 1851 FOB ASHLAND OR Parks Accounts Payable ~c fftianf_ -It# =Q Replace Tiles Daniel Meyer 1 Preparation, materials and labor to repair and replace tiles at 1 $1,760.0000 $1,760.00 Daniel Meyer Pool per the attached Estimate 1127 and contract. Contract for Goods and Services Small Procurement Less than $5,000 Beginning date: September 12, 2016 Completion date: October 1, 2016 GL SUMMARY 125302 - 610215 $1,760.00 By Date: _ Authorized Signatures $1,760.00 VORM # f: CITY OF ASHLAND REQUISITION Date of request: g~ a Required date for delivery: Vendor Name Address, City, State, Zip. Contact Name & Telephone Number R 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 - (Attach copy of council communication) Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost P TOTAL COST ❑ Per attached quotelproposal Project Number Account Number 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: K (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 or greater than $5,000) Date Comments: Form #3 - Requisition