HomeMy WebLinkAbout2017-104 Contract - Overhead Door of Rogue Valley
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S AND SERVICES 1.
Contract for GOOD
CONTRACTOR: Overhead Door Company of Rogue Valley
CITY OF
~S H LAN D
CONTACT: Maurine Hannon
20 East Main Street
Ashland, Oregon 97520
ADDRESS: 2110 W Stewart Ave Medford OR 97501
Te{ephone: 5411488-6002
Fax: 5411488-5311
' TELEPHONE: (541) 858-1637
DATE AGREEMENT PREPARED: Jan 2017 FAX: (541) 779-5150
BEGINNING DATE: January 2017 COMPLETION DATE: 6/30/2017
COMPENSATION: Per fee schedule attached as Exhibit C
N of to Exceed $2, 500
GOODS AND SERVICES TO BE PROVIDED:
Overhead door repairs and maintenance services to be provided on an on-call or as needed basis, including
situations requiring immediate attention, as determined by a representative of the City of Ashland. For the
remainder of fiscal year 2017.
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services 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 the said prima Ci 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 Gosts 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. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a
separate written contract is entered into by the City.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
City.
6. Statutory Requirements: ORS 2798.220, 2796.225, 2796.230, 2798.235, ORS Chapter 244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor
who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit B predominantly in areas where it will be seen by all employees.
8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
i injury to any person (including injury resulting in death), or damage {including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited
to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this
contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs,
judgments, or other damages, directly, solely, and proximately caused by the negligence of City.
9. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. Cit 's Convenience. This contract ma be terminated at an time b Cit u on 30 da s' notice in writin
Contract for Goods and Services Less than $25,000, Revised 0610212015, Page 1 of 6
and delivered by certified mai! ar in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
' written notice to Contractor, or at such later date as may be established by City under any of the fallowing
conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow far the purchase of the indicated quantity of services;
ii. if federal or state regulations or guidelines are modified, changed, ar interpreted in such a way
that the services are no longer allowable ar appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. if any license ar certificate required by law or regulation to beheld by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City ar Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other parley
written notice of the breach and intent to terminate. if the parley committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Cantractar of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection {d~ are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. ObligatianlLiability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination ar modification. However, upon receiving a notice of termination regardless whether such notice is
~ given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor shall deliver to City all contract documents, information, works-in-progress and other properky that are
ar would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Cantractar shall have the complete responsibility for the performance of this contract.
11. Nan-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. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.110 or the administrative rules implementing the Statute.
12. Asbestos Abatement Licenses If required under ORS 46$A.710, Contractor ar Subcontractor shall possess an
asbestos abatement license.
13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all
persons employed by them, and the approval by City of any assignment ar subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
14. 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.
15. Default. The Contractor shall be in default of this agreement if Cantractar: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to
the QRF Rules ar loses any license, certificate or certification that is required to perform the work or to qualify as a
QRF if Cantractar has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy ar has
instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing
business on a regular basis of the type identifed in its obligations under the Contract; or attempts to assign rights in,
or delegate duties under, the Contract.
16. Insurance. Contractor shall at its own expense provide the falbwing insurance:
a. Worker's Compensation insurance in campHance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for al! their subject workers
b. General Liability insurance with a combined single limit, ar the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, 2 400 0~0 ar Nat Applicable for each occurrence for Bodily Injury and Property
Dama e.
Contract for Goods and Services Less than $25,000, Revised 06/0212015, Page 2 of ~
~'ie ~enl~ine. The Original.
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0~%ERHEAT} D®OR COMP~~iY OF ROGUE 1~~~►~.,I1EY
P,~. Bad 8193, MrDFORD, JR 97501.
To: Dave Arnold ~ .t C
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From: Maureen Hannon
Re: Commercial Hourly Rates
Date: January 18, 2017
Here is the breakdown of hourly rates for repair service and maintenance at local
commercial properties:
Standard Hourly Rate: $110.00 per hour
2 Man Team: $165.00 per hour
Overtime: $165.00 per hour per man}
HoiidaylLate Night: $220.00 per hour
Preventive Maintenance: $110.00 per hour
Experience has proven that periodic preventive maintenance and careful
inspection can reduce both downtime and repair expenses, while extending
useful life and operating efficiency.
2110 Stewart Ave.,1~~e~.ford, OR 97501 Pho~~e: (541} 858-1637 F~t~: (541 j 779-5].50
Divisi~~1 of Hannon Enterprises, Inc. CCB# 5579
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mail to: Cer~zificate holder;
HANNON ENTERPRISES INC CITE 01= ASHLAND
PO 1301 81G3 20 EAST MAIN STREET
i,rEDFORD, OR 97501-0~9~ ASHI_.AND, OR 97520
The policy of insurance fisted below has been issued to the insured named below for the policy period
indicated. T►~e insurance afforded by this polic}~ is subject to all the terms, exclusions and conditions of
such policy; this policy is sufiject to change or cancellation at aa~y time.
insured Producerlcontact
Hannon Enterprises Inc Paynewest Insurance Inc
PO Box 8193 Paynewest Ins of Medford
Medford. OR 97501-0493 541.779.132
Issued 02!02!2017 Limits of liabilit}~
°olicy 631720 Bodily Injury by Accident $1,000,000 each accident
Period 0210112017 to 02!01/201$ Bodily Injury by Disease S1,000,000 each employee
Body Injury bar Disease $1,000,000 policy limit
Description of operationsllocationslspecial items
Important
This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate
does not amend, extend or alter the coverage afforded by the policies above. This
certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the
certificate holder.
Authorized representative
ferry Barnett
President and CEO
J'~.IIJ rl~h SLr~Ci
5airmJ On 97~ ~ =
P: ~~0.2u~.~: _ _
~Oi!C`: OLCA C2rtificate0f!n~ura~ce
~ ~ ~ ~ Date of request; 13 Mar 2017
REQIJISITI®N
Required date for delivery,
Vendor Name ~?~prha.~~ nppr ('~nan~ of R~n~ Ua~lPv
Address, City, State, Zip 2110 W. Stewart Ave Medford OR 97501
Contact Name & Telephone Number Shad Hannon (541) 858-1637
Fax Number (541) 779-5150
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 note or ro osal attached _ Attach co of council communication _ If council a royal re wired, 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 #
❑ VerballWritten 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 ❑ ~ecial 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 proposalslwrittensnlicitation 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
Maintenance and Services of DoorslOverhead Doors Repair and Related Equipment For
Remainder of FY 2017 $ 2,500
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number _ _ _ _ _ _ • _ _ _ Account Number 410.08.24.00.602400
Account Number Account Number - - -
~Expendifure must be charged to the appropriate account numbers for the financials fo accurately reflect the actual expenditures,
IT Director in collaboration with department to approve all hard4vare and software purchases:
~ I T Director Dafe Support -Yes / No
By signing Phis requisition fro p~,pd•eertify that the Cif 's~ubhc contracting requirements have been satisfied.
0~ ~ ~ ~ ~ ~
1~ JI
Employee, Department Head. ,~j
~ ft''r ~ (Equal to or greater than $5,040)
Department ManagerlSupervisor: City Administrator:
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year: fX 1~ES ~ NO ~ s,~.. ~ ~ ~:y~~s~i
Finance DireCfOr- (Equal to or greater than $5,000) Dafe
Comments:
Form #3 -Requisition