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Home My WebLink About2017-163 Contract - Abbey Carpet & Floor Contract for GOODS AND SERVICES less than $25,000 C ! T Y O f CONTRACTOR: Abbey Carpet and Floor of Ashland ~SHI.AND CONTACT: Eric Austad 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1668 Siskiyou Blvd, Ashland, OR 97520 Telephone: 5411488-6002 Fax: 541/488-5311 TELEPHONE: (541) 488-3453 DATE AGREEMENT PREPARED: 5!10117 FAX: (541) 488-3472 BEGINNING DATE: July 1,2017 COMPLETION DATE: June 30, 2019 COMPENS TION: C~ GOODS AND SERVICES TO BE PROVIDED: Contractor toprovide on-call services for FLOORING, pursuant to labor and equipment rates provided in Exhibit C (proposal). Services shall not exceed $10,000 per call-out. 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 rima Cit 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 banded 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 2796.220, 2798.225, 2798.230, 2796.235, 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 $20,283.20 or more, Contractor is required to comply with chap#er 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, casts, expenses, judgments, subrogations, or other damages resulting from 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 (incf uding 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, subragations, 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. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered b certified mail or in erson. Contract for Goods and Services Less than $25,000, 0613012016, Page 1 of 5 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 following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or 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 or 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 or 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 party written notice of the breach and intent to terminate. If the party 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 maybe 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 Contractor 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. ObligationlLiability 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 or 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 ail contract documents, information, works-in-progress and other property that are or 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. Contractor shall have the complete responsibility for the performance of this contract. 11. 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. 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 License: If required under ORS 468A.710, Contractor or 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 or 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 Contractor: 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 or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or 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 identified 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 following insurance: a. Worker's Compensation insurance incompliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1400 000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. c. Automobile Liabili insurance with a combined sin le limit, or the a uivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, 0613012016, Page 2 of 5 $200,000, $500,000, 7 00 000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage{s) without 30 days' written notice from the Contractor or its insurers} to the City. e. Additional InsuredlCertificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for ail pertinent deductibles, self-insured retentions andlorcelf-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suitor proceeding (collectively, "the claim") between the City (andlor any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. 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. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashla B ~ B Y Y Signature Depart ent Head r , ~ ~ ~ Print Name Print Name ~ ° f' Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, 0613012016, Page 3 of 5 EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached Uv-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) I 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. (6) I 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. ~ II Contractor (Date) Contract for Goods and Services Less than $25,000, 06I30I2016, Page 4 of 5 EXHIBT C PROPOSAL by ABBEY CARPET AND FLOOR OF ASHLAND City of Ashland Intermediate Procurement REQUEST FOR PROPOSAL ON-CALL CONTRACTING SERVICES (TRADE/TECHNINCAL) Release date: March 1, 2017 Bids are due by 2:00 PM (PST/DST}, apr 3, 2017 OVERVIEW The City of Ashland (the "City") is accepting proposals for trade and technical on-call contracting services, including ARBORIST; AUTOMATIC GATES; BACKFLOW; BUILDING CONTROLS; CARD LOCK FUELING SYSTEMS; CONCRETE; DEBRIS CLEANUP & HAULING; DOORS (OVERHEAD & HANGAR); DOORS (HINGED) & WINDOWS; ELECTRICAL; FENCING; FIRE ALARM; FIRE PROTECTION; FLOORING; GENERAL CONTRACTING; GENERAL EXCAVATION; HVAC; INDUSTRIAL WASTE MANAGEMENT; LANDSCAPING & IRRIGATION; LEAK DETECTION; MASONRY; PAINTING; PAVEMENT CUTTING; PEST CONTROL; PLUMBING; PRESSURE WASHING; ROOFING; TRAFFIC CONTROL; TRUCKING; TOWING; and WINDOW & GUTTER CLEANING. The City will then select no more than three of the highest ranked proposers to enter into contracts with the City as pre-qualified contractors prepared to bid the services herein described, up to a maximum cost of $10,000. The City will award individual jobs to the successful bidders as also provided herein, but generally according to a formula considering rotation of contractors, contractor availability, and price. These contracts will start July 1, 2017 and extend until June 34, 2019, with an option to renew for two additional years. Contracts are non-exclusive. Contractors who meet all of the City's qualification criteria, but are not selected for on-call service contracts, will be maintained in the City's database of prequalified contractors. Prequalified contractors maybe considered for jobs at the City's discretion, including without limitation jobs that exceed the maximum cost of $10,000 or require specialized knowledge, skills, or abilities. Contractors will be required to maintain a presence within the local area to provide dependable on-call services for both public and private property, as applicable. The City requires contractor services to be done in a timely, safe and professional manner in compliance with the applicable industry standards and in accordance with the criteria, terms, and conditions established within this Request for Proposal (RFP). The City of Ashland Project Manager, Kaylea Kathol, is the sole point of contact during the entire solicitation process. Information, correspondence and questions pertaining to this solicitation shall ONLY be directed to: Name: Kaylea Kathol Title: Project Manager Address: City of Ashland 51 Winburn Way, Ashland, OR 97520 Telephone: 541-552-2419 Email: 1~~~~~tit~r~l~~~l'~i ~sl~~d~~~€~.~~~~.~~ Request for Proposals - On Call Contracting Services (Trade/Technical) Page 1 G:1pub-wrkslengll5-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.doex GENERAL INSTRUCTIONS In response to this RFP, interested contractors are requested to submit a proposal package consisting of the forms and documentation described herein. Proposers shall provide the information, including any additional documentation, requested in the attached exhibits in a clear and concise manner. CONTENTS OF PROPOSAL ,~CHECKLIST~ A. Exhibits Q Exhibit A: Proposal Form Exhibit B: Experience and Ability to Fulfill Service Requirements Exhibit C: References & Customer Service Standards Exhibit D: Facilities description and information Exhibit E: Equipment & Vehicle List ❑ Exhibit F: Employee Security Check Form (Plumbers and Electricians)*~ Exhibit G: Proposed Fee Schedule Exhibit H: Contract Terms & Conditions Exhibit I: Contract for GOODS AND SERVICES Less than $25,000 Exhibit J: Addendum to Contract for Goods and Services Less than $2S,000f * Exhibit provided for reference purposes. Employee information will be required within seven (7) working days of notification of intent to award. Exhibits are templates. They include acknowledgement pages that must be initialed and returned with the proposal. B. Additional documentation that must be provided within seven (7} working days of notification of intent to award: Capy of current City of Ashland Business License (Per Exhibit I, line 2 and Exhibit J, section 5.1.1) Copies of applicable specialty licenses required by the Oregon Construction Contractors Board Copies of current Insurance Certificates, including without limitation: Workers' Compensation (as applicable), General Liability, Commercial/Business Automobile (Per Exhibit I, line 16} SUBMISSION OF PROPOSALS One (1) electronic copy of the proposal must be received by the City of Ashland on or before the submission deadline set forth below. The proposal must be include all exhibits described above, as well as any signed addendums that have been released by the City of Ashland. Exhibits A through J contain electronic text boxes in which the proposer may directly type responses. The proposal shall be submitted to the City electronically upon completion by clicking the "Upload" function provided on the on-line application page. If proposer is unable to submit an electronic proposal, arrangements may be made with the City for the delivery of a typed, hard copy proposal. Please contact Kaylea Kathol as provided on Page 1. Request for Proposals - On Call Contracting Services (Trade/Technical) Page ? G:Ipub-wrks\eng115-19 Rotation List RFP's1A_AdminlTechnica( Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx DUE DATE AND TIME The proposals must be submitted to the City prior to 2:00 PM (PSTIDST) on Apr 3, 2017 LATE or FAXED proposals will NOT be considered. Proposals not submitted electronically will NOT be considered unless prior arrangement has been made with the City. EVALUATION PROCESS An evaluation committee appointed by the City of Ashland, of no less than three (3), will evaluate the proposals based on the evaluation criteria established in this RFP. Each category will be scored with a number of points, up to the maximum number of points assigned to each category. The greater the number of points assigned to a category, the greater the category's level of importance. Each proposal will be evaluated, scored and then ranked according to the evaluation criteria. The City of Ashland will carefully consider the fees being proposed by each of the potential proposers to determine if they are usual and customary. If the proposed fees are not usual and customary, the City of Ashland will not award the contract unless the City of Ashland and proposer negotiate fees that are fair and reasonable. After the initial evaluation of the proposals has been completed, the Evaluation Committee may request written clarifications. The actual interview and/or additional inquiries for clarifications may be performed or requested in person or by telephone. The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures and requirements and other applicable laws, and the City may reject for good cause any or all proposals upon the City's findings that it is in the best interest of the City of Ashland. The total points awarded to each proposal will be tabulated and the proposers shall be ranked accordingly. A contract and/or multiple contracts with the proposer and/or proposers deemed to be most qualified will then be negotiated. If negotiations with a proposer are unsuccessful, the City of Ashland may proceed to the next most qualified, and so on until a contract is successfully negotiated. Request for Proposals - On Call Contracting Services (Trade/Technical) Page 3 G:\pub-wrkslengllS-19 Rotation List RFP's1A AdminlTechnical Services RFP1ZOlS-l9 RFP_On Call Technical Services_E Vers.docx EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. EVALUATION CRITERIA POINTS Exhibit A: Proposal Form Mandatory Exhibit B: Experience and Ability to Fulfill Service Requirements 30 Exhibit C: References & Customer Service Standards 30 Exhibit D: Facilities description and information 10 Exhibit E: Equipment & Vehicle List 10 Exhibit F: Employee Security Check Form (Plumbers and Mandatory Electricians)* (acknowledgement page) Exhibit G: Proposed Fee Schedule 20 Exhibit H: Contract Terms & Conditions Mandatory Exhibit I: Contract for GOODS AND SERVICES Less than $25,000 Mandatory (acknowledgement page) Exhibit J: Addendum to Contract for Goods and Services Less than Mandatory $25,000 (acknowledgement page) Copy of current City of Ashland Business License (Per Exhibit I, Mandatory* line 2 and Exhibit J, section 5. l . l copies of applicable specialty licenses required by the Oregon Construction Contractors Board; and copies of current Insurance Certificates, including without limitation: Workers' Compensation, General Liability, and CommerciallBusiness Automobile (Per Exhibit I, line 16). * Employee information will be required within seven working days of notification of intent to award contract. Request for Proposals - On Call Contracting Services {TradelTechnical) Page 4 G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx i Exhibit A: Proposal Form (MANDATOR The undersigned proposer submits this proposal in response to the City of Ashland's Request for Proposals (RFP) for ON-CALL CONTRACTING SERVICES (TRADE/TECHNICAL) dated March 2017 .The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the requirements described in the RFP. The proposer further warrants that if this proposal is accepted, the proposer will contract with the City, agrees to the terms and conditions found in the Agreement for ON-CALL CONTRACTING SERVICES (TRADE/TECHNICAL) attached Exhibit I and RFP or has submitted terms and conditions acceptable to the City, and will provide all necessary labor, materials, equipment, and other means required to complete the work in accordance with the requirements of the RFP and contract documents. 1. Parent Company, if applicable: Au s I e n Inc. 2. Company Name Abbe Car et and Floor Y p 3. Service Provided: F L O O R I N G 4. Business Address: 1668 Siski ou Blvd. Ashland OR Y s. Telephone Number: 541-488-3453 6. Fax Number: 541-488-3472 Email Address: car etmartashland mail.com p ~g 8. Name of Authorized Signatory: E ri c Au stall 9. Title: President/ Owner io. Date: March 30 2017 Proposer is a resident bidder as defined by ORS 279A.120(1}(b) Yes No~ Proposal Form Page A. G:1pub-wrksleng\IS-19 Rotation List RFP's1A Admin\Technical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Exhibit B: Experience and Ability to Fulfill Service Requirements (MAX. 30 PINTS) Qualifications: Describe the bidder's qualifications and number of years providing FLOORING services to confirm bidder has the expertise to meet all contractual responsibilities. Over 25 years inresidential /commercial flooring sales, consultation and installation. Performance: Provide a description of the bidder's record of satisfactory contract integrity and performance. All contracts have been performed to the satisfaction of parties involved. Approval ratings and customer retention are very high by all standards. Experience and Ability to Fulfill Service Requirements Page B. l G:\pub-wrksleng115-19 Rotation List R~'P's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Service Area: Describe geographic area serviced. Ashland, Medford and surrounding communities. Indicate the appropriate industry experience you have to provide the type and scope of services being requested below: Commercial new and existing (All trades): 25 plus years in all new flooring materials, removal and installation. Residential new and existing (PLUMBING and ELECTRIC only): Experience and Ability to Fulfill Service Requirements Page B.2 G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx E~►hibit C: References & Customer Service Standards (MAX. 30 POINTS} Provide three references in the space below. Reference Name Organization or Relationship Phone Number Alan DeBoer customer/ local business owner 541-482-3692 Jed Meese customer 1 local business owner 541-482-9115 Sean Downey customer/Local contactor 541-840-5064 Describe the bidder's customer service standards Customer satisfaction is our first priority which includes counseling clients on the proper flooring type best suited for each and every application while also listening to the esthetic and performance standards required by the customer and the specific installation, References & Customer Service Standards Page C.l G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_on Call Technical Services_E Vers,docx E!~hibit D: Facilities description and information (MAX 10 PUINTS) Physical 166$ Siskiyou Blvd. Address Ashland, OR 97520 Mailing Address (if different) Description of Monday thru Friday 9 am to 5 pm business hours Saturday 10 am to 3 pm Description of Products showroom open to the public; showroom displays cover a wide range of facility carpet, vinyl, laminate, hardwood and other flooring materials. A large library of commercial carpet, carpet the and sundries is also available on-site. Warehouse for stock goods, customer order storage, shipping and receiving; off-street parking for customers and employees. Description of None vehicle storage Description of material supply storage Facilities description and information Page D.l G:\pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFPI2015-19 RFP 0n Call Technical Services_E Vers.docx Exhibit E: Equipment & Vehicle List (MAX.10 PUINTS) Describe any vehicles that will be used under this contract in the space below. Vehicle Description License # State of Issue Year Condition Chevrolet Silverado 9P 3959 OR 2015 Like New Chevrolet Silverado DXD 177 OR 201 o Good Honda CRV 460 FSV OR 1999 Good Equipment & Vehicle List Page E. l Gapub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Exhibit F': Employee Security Check Form (Plumbers and Electricians - MANDATOR *To be completed following notification of decision to award contract* Security Checks for Contractor's Employees City of Ashland is prepared to assign the Contractor to enter upon or in private property of residents of the City of Ashland to make necessary plumbing and electric repairs. Contractor shall provide to the City of Ashland, a list of employees who will be performing work under this contract. All employees will be required to satisfactorily pass a City of Ashland background check prior to being assigned work under this contract. The City of Ashland shall determine the type of criminal background activity that would prohibit working under this contract. This will be based on the nature of the business and level of security that is required. Work shall not be assigned to a new employee prior to satisfactorily passing a City of Ashland background check. The Contractor shall maintain and have available at all times, current listings attached as Exhibit F, of all employees performing work under this contract. Please copy and attach additional pages if necessary. (Current Employee Residence Address Must BeListed - Do Not Use Business Address) Name- Last, First, Middle Driver's license License Crime Hauschild, John 4120314 State Conviction OR y N • Street Address City State Zip 942 Eikader Street Ashland OR 97520 Date of Birth Hire Date 2118/1951 04/2015 Name- Last, First, Middle Driver's License Crime Dan Leary license State Conviction OR Y N Street Address City State Zip 1540 Ridge Way Medford OR 97504 Date of Birth Hire Date 04124/48 0712006 Employee Security Check Form (Plumbers and Electricians) Page F.1 G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Name- Last, First, Middle Driver's License Crime Eric Austad license State Conviction 2953432 OR Y~ N~ Street Address City State Zip 280 Harvard Place Medford OR 97504 Date of Birth Hire Date 0216/59 07~~ 9~ ~ Name- Last, First, Middle Driver's License Crime license State Conviction Y~ Na Street Address City State Zip Date of Birth Hire Date Name- Last, First, Middle Driver's License Crime license State Conviction Y~ N Street Address City State Zip Date of Birth Hire Date Name- Last, First, Middle Driver's License Crime license State Conviction Y~ N~ Street Address City State Zip Date of Birth Hire Date Employee Security Check Form (Plumbers and Electricians) Page F.2 G:1pub-wrksleng115-19 Rotation List RFP's1A AdminlTechnical Services RFP12015-19 RFP_on Call Technical Services_E Vers,docx Acknowledgment of the terms and conditions of Exhibit F Employee Security Check Form (Plumbers and Electricians Only). I agree to provide the City of Ashland with employee information consistent with Exhibit F within seven working days of notification of intent to award contract. EA (Inltlal to acknowledge) Employee Security Check Form (Plumbers and Electricians} Page F.3 G:\pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Exhibit C: Proposed Fee Schedule (MAX. 20 POINTS} Describe bidder's rates and fees, including as applicable, minimum call-out fee; hourly labor rates for specific job classifications; on-call rates; hourly equipment rates, and any other applicable standardized rates or fees. Our installers are all licensed and bonded to work in the state of Oregon. All of our labor will be bid on a per job basis according to specific needs required to complete a specific project. Labor will vary depending on type of floor surface(s) specified. No fees for labor or materials bids. All labor for repairs andlor small installations will have minimum rates of approx.$85 Proposed Fee Schedule Page G.l G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_on Call Technical Services_E Vers.docx Exhibit H: Contract Terms & Conditions (MANDATORY} The proposal should indicate acceptance of the City of Ashland's contract provisions attached as Exhibit I, Contract for GOODS AND SERVICES Less than $25,000, and/or suggest reasonable alternatives that do not substantially impair the City of Ashland's rights under the contract. The proposer may also propose contractual terms and conditions that relate to subject matter reasonably identified in the request for proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will result in higher costs for the services, such costs must be specifically identified in the proposal. Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering acceptable alternatives may result in the disqualification ofthe proposal. EA t nce (Initial to indicate accep a ) If applicable, provide recommended alternative contract provisions: MANDATORY SERVICE REQUIREMENTS Contractor shall comply with all federal, state, and local laws applicable to the work under this Contract, and all regulations and administrative rules established pursuant to those laws. EA Initial to indicate acce tance ~ p ) Contractor shall provide awell-supervised, trained and fully staffed work force at all times to perform the contracted services in a timely and efficient manner. EA (Initial to indicate acceptance) Contract Terms & Conditions Page H.1 G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Contractor shall be responsible for providing acceptable staffing levels and employee supervision to ensure all contracted services are satisfactorily performed in the safest, most cost- effective manner possible. EA i ' 1 indicate acce tance (In tea to p ) Contractor shall not subcontract any of the work required by this contract without the prior written consent of the City. Contractor will provide in all subcontract agreements that the Subcontractor will be bound by the terms and conditions of this Contract to the extent that they relate to the Subcontractor's work. Contractor agrees that if subcontracts are employed in the performance of this contract, the Contractor and its subcontractors are subject to the requirements and sections of ORS Chapter 656, Workers' Compensation. ( p } EA Initial to indicate acce tance ACCESS TO RECORDS Contractor shall maintain fiscal records and all other records pertinent to this Contract. EA Initial to indicate acce tance ( P ) All fiscal records shall be maintained pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. EA (Initial to indicate acceptance} All such records shall be retained and kept accessible for a minimum of three years following final payment. EA 't'al to indicate acce tance (lni 1 p } The City of Ashland's authorized representatives shall have the right to access the Contractor's books, documents, papers and records related to this Contract for the purpose of conducting audits to monitor compliance with the terms of the contract. EA Initial to indicate acce tance ( P ) ELIGIBILITY TO PARTICIPATE IN PUBLIC PROCUREMENTS Provide a written statement which identifies proposer's status regarding its eligibility to participate in public procurement activities. If the firm, business or person submitting this proposal has been debarred, suspended, disqualified or otherwise lawfully precluded from participating in any public Contract Terms & Conditions Page H.? Gapub-wrksleng115-19 Rotation List RFP's1A_Admin\Teehnical Services RFP12015-19 RFP_on Call Technical Services_E Vers.docx procurement activity, including being disapproved or disqualified as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, proposer shall fully disclose and explain the circumstances relating to the preclusion or pending preclusion as part of the required statement. The proposer shall identify the name, address and contact information of the governmental unit that has the authority to issue the findings or ruling, the effective date and duration of the current action or proposed date and duration of any pending suspension or debarment and the circumstances relating to the current or pending suspension or debarment. Are you eligible to participate in public procurement activities? Yes ~ No If "NO", please provide the information requested above: ADDITIONAL DOCUMENTATION Contractor currently retains or is willing to obtain the licenses and insurance policies listed below, and will furnish the following documents to the City within seven (7) business days of notification of intent to award: Copy of current City of Ashland Business License (Per Exhibit I, line 2 and Exhibit J, section 5.1.1) Copies of applicable specialty licenses required by the Oregon Construction Contractors Board Copies of current Insurance Certificates, including without limitation: Workers' Compensation, General Liability*, Commercial/Business Automobile* (Per Exhibit I, line lb) *Prior to entry into a contract, City of Ashland must be named on certificate as additional insured. EA indicate acce Lance (Initial to p } Contract Terms & Conditions Page H.3 G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers,docx Exhibit Contract for GOODS AND SERVICES Less than $25,000 (MANDATORY) *To be completed following notification of decision to award contract* CITY O F CONTRACTOR: ~,S H LAN D CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: DATE AGREEMENT PREPARED: FAX: BEGINNING DATE: COMPLETION DATE: COMPENSATION: GOODS AND SERVICES TO BE PROVIDED: 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 rima Cit 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. 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 $25,000.04, 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 2796.220, 2796.225, 2796.230, 2796.235, 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 $20,283.20 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 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 emplayees, agents, and others designated by Contractor to perform work or services attendant to this contract . Contractor shall not be held res onsible for an losses, ex enses, claims, subro ations, actions, costs, Contract for GOODS AND SERVICES Less than $25,000 Page 1.1 G:Ipub-wrksleng115-19 Rotation List REP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract maybe terminated at any time by mutual consent of both parties. b. City's Convenience. This contract maybe terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or 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 following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract ar are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held 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 or 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 party written notice of the breach and intent to terminate. If the party 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 Contractor 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. Oblic~ationlLiability 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 or 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 property that are or 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. Contractor shall have the complete responsibility for the performance of this contract. 11. 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. 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 License: tf required under ORS 46$A.710, Contractor or 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 or 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 Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it awes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted a ainst it an action for insolvenc ; makes a eneral assi nment for the benefit of creditors; or ceases loin Contract for GOODS AND SERVICES Less than $25,000 Page 1.2 G:Ipub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx business on a regular basis of the type identified 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 following insurance: 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 b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $1,000,000, 2 000 000 or Not Applicable 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 Enter one: $500,000, 1000 000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional InsuredlCertificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, excluding Workers' Compensation, required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non- contributory.The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor sha11 be financially responsible for all pertinent deductibles, self- insured retentions andlorselfi-insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suitor proceeding (collectively, "the claim") between the City (andlor any other or department of the State of Oregon) and the Contractor that arises from ar relates to this contract shat! be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in person jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. 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. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Glause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shalt si n the certification attached hereto as Exhibit A and herein incor orated b reference. Contract for GOODS AND SERVICES Less than $25,000 Page L3 Gapub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Contractor: City of Ashland By BY Signature Department 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. Contract for GOODS AND SERVICES Less than $25,000 Page 1.4 G:Ipub-wrksleng115-19 Rotation List REP's1A AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx CONTRACT 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 tRS 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: (7) I 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. (6) I 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) Contract for GOODS AND SERVICES Less than $25,000 Page I.5 Gapub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-I9 RFP_On Call Technical Services_E Vers.docx _ ~ ~ • • CC~NTRA~1 EX iBiT, B ~~n f Ash a 1't t' • • • 1 i M ' • 1 1. • i :1' r hour effective June 30, X016 Increases annually every June 3~ by the Consumer Price Index • - • - , . t rt~e~ ~~s re~~ e# t~+eir € and 1115 el~~ible • . t - e~~~pl~~er, i# the er<~pi~,~er has caeter+a Ala^s ~+r~l+udirr den: er r~'{;ire e~'~~IG'°~ee~. and ~:,~,IdCar@;~ ~f~efit5 t~ h.~s ~e~e 4'~d ~~rar2c?al a~r~u~t ea3 ~t+,res recel',`e1± t~,i a~s4~tar~e #~r the ~r~a~eLt ~r em~l~=i+e~. per a! jnir~ed ~r~de' a u-,s r;es~ #r~~r*i t"e t~a, ~~t were cent*a~,t tr~et~~~ee~ the°C t~,~'I'.a°1~ e~~~s v# ~ Nate: E~~~,;,~,G~. ,~ee5 r;,~r e~r~~lr~ter ar~d the qty e# ~2~,2$3.20. ~nu~de le~zpara~F~ ;~r ~a~-`.nee ~~hia~d if the ~,e~traUt e=~r~l~~~ees t:+~~ ~tjr ieGss tr`;ar~ e~:c~ed~ X20,2$3.20 ~r m~^~e E# tlheir em~~c~p'er is tote ~t~, of 1~VC? n,~ur~ in ar~~ t~~~e~~xe- ~~n~a~d +►~:'.udtn~ the arks m~r~th ~,eric~ ~ ire per a~l ~~a~orked ~r a a~~ ~e~~reat~t~r~ ~e~artn~ertt details en a~~~i~ab~l,ty c~# t~,+ r<~onth i# the e~r~pl~~ee speri~vs ~~i~~~~~ ~e~~se see .~sh~arld to ~r n~~re a{ tie ~ ; va;c~lat~r7y the I~~rr,n~ vl~age. ~r9ar~+~+~~a, f ~~;,Jt;,4,n N1,~I~~ee's'nie i~ that rr~erit~ e~rr~l~;zers m~a;~ add the ~~aue ~ 1 ~ ~Wk~~~ ~~~+~i~~ a~' a ,~e~~t J, r~# i"~eath ~a~a. retire`'~ent. • • • ail e ~~shiand pity. ~drnin~s~ra~~r~s ~f~~e at ~ i-~€~8-~(~~2 ~r °~~ri~e t~ ~ ~~t~~~ ~dministr~t~r +~it;,~ ~~Il, 2+~ East ivlain Street Ash{and. ~7~~Q Grr ~~gF~s~t tie c~..,~ s ~~~°es~~ at as~ri~~u ~r_~,s.. yGN~[~'ol1tt~icf~e Ito Employers: ~~~is notice must k~e ~ste~ ~re~~n~inantl~y~ ~n areas ~~~~ere it can seen b':r ail Lttl~~\d}rS.+~rJ. C~fiY Ot~ ~~lr 1.../ Contract for GOODS AND SERVICES Less than $25,000 Page L6 G:1pub-wrksleng115-19 Rotation List RFP's1A AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Acknowledgment of the terms and conditions of Exhibit I, Contract for GtJUDS AND SERVICES Less than $25,000. I acknowledge that 1 have read and am familiar with terms of the template contract and the contract's exhibits A and B, herein referred to as Exhibit I. ~a {Initial to acknowledge) Contract for GOADS AND SERVICES Less than $25,000 Pale I.1 G:ipub-wrkslengllS-19 Rotation List RFP`s1A_Admin\Technical Services RFP12015-19 RFP_on Call Technical Services E Vers.docx Exhibit ,I: Addendum to Contract for Goods and Services Less than $25,000 (MANDATORY) AGREEMENT FOR ON-CALL FLOORING SERVICES (Specify type) THIS ADDENDUM to City of Ashland Goods & Services Contract Less Than $25,000 between the CITY OF ASHLAND, as City, and Abbey Carpet and Floor , as Contractor. WHEREAS, the City of Ashland regularly requests on-call trade and technical services for the maintenance and repair of City facilities (services), and often when an emergency for such services may arise on both private and City owned property; and WHEREAS, the City of Ashland would like to establish a speedy and efficient selection among qualified businesses that still fosters fair and equal competition among them to obtain the lowest price; and WHEREAS, Contractor responded to City's Request for Proposals for On-Call Contracting Services (Trade/Technical) and was selected by the panel that reviewed the proposals. NOW THEREFORE, CITY AND CONTRACTOR HEREBY FURTHER AGREE AS FOLLOWS: 1. DEFINITIONS. 1.1. AGREEMENT: This document, entitled Agreement for On-Call Maintenance and Repair Services (TradelTechnical), and any exhibits incorporated herein. 1.2. BUSINESS HOUR: Hours during which business is normally conducted, specifically 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays. 1.3. CITY REPRESENTATIVE: Specifically designated employees authorized by this Contract to call Contractor, review bids, select, and dispatch Contractor to areas needing services. City Representative will include persons designated from the City of Ashland Public Works Department and the Ashland Parks and Recreation Department assigning services to Contractors for their respective departments. Addendum to Contract for Goods and Services Less than $25,000 Page J.l G:1pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx 1.4. CONTRACTOR: A company which is party to this Agreement, its employees, agents and associates, including all principal parties, such as its officers, directors and managers. 1.5. EMERGENCY: Any human caused or natural event or circumstances causing or threatening loss of life, injury to person or property, [or similar] human suffering, and includes, but is not limited to, fire explosion, flood, severe weather, drought, earthquake, spills or releases of oil or hazardous material, contamination, disease, blight, infestation, civil disturbance or riot. 1.6. HOLIDAYS: The days of the year observed by the City include: New Year's Day, Marten Luther King, Jr. Day, President's Day, Memorial Day, July 4th, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. 1.7.OWNER: The person in whose name a property is titled, or the person who has the right to possession of the property. 1.8.OWNER'S AGENT: A person authorized by an owner to have access to the property. 1.9. SERVICE(S): Any trade or technical services performed by contractors defined in this Agreement for the purposes of maintaining City facilities, including such activities as troubleshooting, repair, minor installation, and materials removal. 2. SCOPE OF SERVICES. 2.1.1. Contractor agrees to provide services when requested to do so by City. The City Representative will forward such requests to Contractors under contract by the City. 3. COMPENSATION. Contractor will be paid for its services by City at the rates attached to this Agreement and hereby incorporated as Exhibit G. 4. TERM. This Agreement is effective upon execution by both parties, and it shall continue for two complete fiscal years thereafter (July 1 through June 30). Upon expiration of this Agreement, Contractor may request a two year extension by contacting the City in writing more than 45 days before the expiration Addendum to Contract for Goods and Services Less than $25,000 page ~ ~ G:\pub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers,docx of this Agreement. The extension shall be granted unless the City objects in writing more than 30 days before the expiration of this Agreement. 5. CONTRACTOR MINIMUM SERVICE REQUIREMENTS. 5.1. LICENSES. 5.1.1. General Operations. Contractor shall possess a City business license and all commercial vehicle and operator licenses required under local, state and federal regulations. 5.1.2. Construction Contractors License. Contractors performing construction activities to real properties must be licensed with the Oregon Construction Contractors Board shall meet all state requirements, possess and maintenance of licensing and bonding necessary for providing services per ORS 701 and OAR 812. 5.2. PERSONNEL (PLUMING AND ELECTRICAL). All plumbers, electricians, and their assistants conducting any and all business related to this Agreement shall be identified on a personnel roster submitted prior to signing this Agreement. Any changes to personnel shall be reported to the City by the 10th day of the month following the change. 5.3. RESPONSE TIME (non-emergency). Contractor shall respond to all service requests to Contractor by the City Representative within eight (8) business hours of receiving the initial request. 5.4. PLACE OF BUSINESS AND OPERATIONS. 5.4.1. Business Office. 5.4.1.1. The Contractor has an established place of business within a 40 minute radius to the Ashland city limits. 5.4.1.2. The business office is open for the purpose of inspection of business records and equipment from 8:00 AM to 5:00 PM excluding weekends and holidays. Addendum to Contract for Goods and Services Less than $25,000 Page J.3 G:1pub-wrksleng115-19 Rotation List RFP's1A AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx 5.4.1.3. The business office shall maintain records that contain the following information for at least three years for each service: property description; reason for the service; time and date of service, identity of the employee(s) providing the service; and an itemized list of services and fees. 5.4.1.4. The Contractor has personnel available 24 hours a day, 365 days a year, who can be contacted to bid and perform services. 6. BID ROTATION. 6.1. Rotation Schedule 6.1.1. The City will assign a range of dates to each Contractor from the approved list which will confer priority status to the assigned Contractor (hereafter Priority Contractor) for receiving services requests from the City. Assignment periods extend for one calendar month, and will rotate according to a fixed schedule for the two-year period of the Agreement. The rotation schedule will be structured to provide equal distribution of priority status amongst all Contractors with respect to the seasonal trends in work opportunities. 6.2. Requests for services for non-emergency and emergency events will be made from City Representative to the Priority Contractor. If the Priority Contractor declines the request, the subsequent Contractor on the rotation. list (Secondary Contractor) will be called. If work is declined by the Secondary Contractor, the City will call successive contractors according to the rotation until the request is accepted and a contractor is dispatched. Response to service calls by the Secondary Contractor or any successive contractor will not affect the order of the rotation list. 7. RESPONSE TIME. 7.1. If communication pertains to an emergency event, Contractor shall inform City Representative whether it accepts an assignment within (30) thirty minutes of receiving a call. Contractor shall not accept an assignment unless it has the equipment available and is capable of responding and arriving within the Addendum to Contract for Goods and Services Less than $25,000 Page J.4 G:1pub-wrksleng115-19 Rotation List RFP's1A_Admin\Technical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx required timeframes outlined in this Agreement. Contractor shall not accept a call and then later decline it, except for circumstances beyond the control of the Contractor. 7.2. Contractor shall respond to emergency service requests dispatched to Contractor by the City Representative within. sixty (60) minutes of receiving the dispatch. 7.3. Lack of a timely response may result in the Contractor being canceled from the call and placed at the bottom of the rotation list. Repeated lack of timely response may result in termination of this Agreement. 8. DECLINING SERVICE REQUEST. 8.1. Contractor shall inform the City Representative, within thirty (30) minutes of receiving a dispatch, if Contractor is for any reason unable to respond to an emergency service request, or unable to respond within the required time, and must decline the service request. Contractor shall inform the City Representative immediately if, upon arrival at the property, any condition prevents performance of the service. Declining a service request more than thirty minutes after the Contractor receives the dispatch shall be considered failure to respond. 8.2. If a Contractor declines a request, the rotation is advanced and the next available Contractor on the rotational list shall be dispatched. 9. CONTRACTOR'S OBLIGATIONS AND DUTIES. 9.1. Contractor or its insurer shall give 30 days written notice to the City prior to any cancellation, material change, reduction of limits, or intent not to renew the insurance coverage(s). 9.2. After arriving at the property Contractor shall perform the service, or determine the appropriate equipment necessary and summon it, as long as Contractor is authorized to perform the service. 9.3. Contractor shall perform all work in a safe, courteous, and respectful manner. 9.3.1. Contractor shall not be verbally or physically offensive, abusive, disrespectful or discourteous to any owner or City employee related to the work performed. Addendum to Contract for Goods and Services Less than $25,000 Page J.S G:1pub-wrksleng115-i9 Rotation List RFP's1A AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx 9.3.2. Contractor shall not operate any vehicle or other equipment in performance of this Agreement in a careless, reckless, or negligent manner. 9.4. Contractor shall be responsible for cleanup of the project assigned. Contractor shall carry, and use when necessary, absorbent material, brooms, shovels and waste containers to clean the usual debris and waste associated with completing services. 9.5. Contractor shall make the business office available for inspection by the City at any reasonable time during normal business hours. 9.6. Contractor shall not cause unnecessary damage to the persons or property of others while performing under this Agreement. 9.7. Contractor shall not make any false statements of material fact, or omit disclosure of material fact in performance of this Agreement. 10. MISCELLANEOUS. 10.1. NQN-EXCLUSIVE. This is not an exclusive contract for FLOORING services. The City may from time to time utilize FLOORING services for special needs outside this Agreement at its discretion. The City will make ail efforts to utilize the services of Contractors on the list consistent with the interests of public safety and timeliness. Addendum to Contract for Goods and Services Less than $25,000 Page J.6 G:1pub-wrkslengll5-19 Rotation List RFP's1A AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx Acknowledgment of the terms and conditions of Exhibit J, Addendum Contract for GOODS AND SERVICES Less than $25,000. I acknowledge that I have read and am familiar with terms of the Addendum to Contract, herein referred to as Exhibit J. EA (Initial to acknowledge) Addendum to Contract for Goods and Services Less than $25,000 Page J.7 G:Ipub-wrksleng115-19 Rotation List RFP's1A_AdminlTechnical Services RFP12015-19 RFP_On Call Technical Services_E Vers.docx A~~ ~ DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 05117!2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsements , PRODUCER C ACT Rebecca DeVall Reinholdt 8~ 0' Harra Insurance NAB; - _ _ 1756Ashland Street ~(c,~t); _~541j482.1921 _ ~ i~~No1. ~541~88.4458 - _ -MAIL Ashland, OR 97520 .nRr;ss: rdevall~relnholdtins.com License 800442 INSl1RER(SI AFFORDING COVERAGE NAIC N INSURER A i. T1'~Ve~er$_ _ INSURED INSURERS; Salf COrrr~QratlOn Austen, Inc. _ - - - _ DBA Carpet Mart, Inc; A & L Rentals, LLC INSUReRC: Contractors Bondln &_Insuran~e ~Qtnp~ny 1668 Siskiyou Blvd IN5URER D : I Ashland, OR 97520 INSURER 6: I INSURER F : j COVERAGES CERTIFICATE NUMBER; o0ooaooo•o REVISION NUMBER: 1 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. ~ TYPE OF INSURANCE A~' POLICY EFf , POLICY EXP ~ LIMITS POLICY NUIV~ER MMIDOJYYYY ~ MMf4 A X COMMERCIAL GENERAL LIABILITY Y Y ' 680-5J476779 o5118rzo1 ~ as1181201 s EACH OCCURRENCE S 1,000 OOO aAMA I:T E~~o ~ ~ 3oo'aoo I CLAIMS•MADE ~ OCCUR _ PREMISESL occw►~ricg7 _ i. MED EXP (Any one person) $ 5QO - - - PERSONAL b ADV INJURY ` $ 1,400000 GEN'L AGGREGATE LIMIT APPLIES PER; ;GENERAL AGGREGATE , $ 2,000,000 x POLICY ~ ~ERCaT LOC ;PRODUCTS • CO(dPRJP AGG $ 2,004,000 I OTHER. $ _ A AUTOMOBILELIA8ILITY ! 68O-5J476779 05!18!2017 0511812018 co►~►N INOt.ELIMIT I (~aaccldentl $ _1,000;000 ANY AUTO BODILY INJURY (Per person) $ I OWNED SCHEDULED BODILY INJURY Par accident $ AUTOS ONLY AUTOS ~ ( ) HIRED NON-OWNED PROPERTY DAMAGE $ x AU70S ONLY X AUT05 ONLY' (Per accldent~__ ! - ~ $ - - UMBRELLA LIAB OCCUR :EACH OCCURRENCE $ EXCESS LIAB CLAIMS•MADE ~ AGGREGATE $ OEp RETENTION $ $ B WORKERS COMPENSATION 788797 12101!2016 12!01!2017 X :STATUTE oRH AND EMPLOYERS' LIABILITY _ _ ANY PROPRIETORIPARTNEWEXECUTIVE Y (N E L, EACH ACCIDENT 540,040 OFFICERlMEMBER EXCLUDED? ~ , N f A - (Mandat~ry In NH) E L DISEASE - EA EMPLOYE $ 500.000 I(yes, describe under ' DESCRIPTION OF OPERATIONS below E.L, DISEASE -POLICY LIMIT $ 5OO OOO C Residential Specialt PH3357 03!0112017 0310112016 Surety Bond 15,000 1 DESCRIPTION OF OPERATIONS !LOCATIONS !VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached If more space Is required) The City of Ashland, Oregon, and its elected officials, officers, and employees are listed as additional insured with respect to general liability as per form CGD247(08.05). Primary and non-contributory basis is provided as per written contract. Workers Comp; Dan Leary and Eric Rusted have excluded themselves from coverage. CERTIFICATE NOt.OER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clt of Ashland OR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ~ ACCORDANCE WITH THE POLICY PROVISIONS, 20 E Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE V~ RED ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by REB on May 17, 2Q17 at I)3:57PM ` ~ CITY OF ~4RM #3 SHLA~ID _ ~ REQUISITION Date of request: 6. ~ .1~ Required date for delivery; 6.21.17 Vendor Name Abbey Carpet and Floor of Ashland Address, City, State, Zlp 1668 Siskiyou Blvd. Ashland, OR 97520 Contact Name & Telephone Number Eric Austad 541.488.3453 Fax Number 541.488.3472 SOURCING METHOD ❑ Exempt from Gom~etitive Bidding ❑ Emer enc ❑ 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 cop of council communication - If council approval required, attach cop of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved byCouncil; 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 a) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Farm #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement IntergovernmentalAgieement $5,000 to $15,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, b direct a ointment Date original contract approved by Council; y pp ❑ Written quote or proposal attached (Date) ❑ (3) Written proposalslwritten solicitation Date approved by Council: _ (Attach copy of council communication) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Consultant to provide on-call flooring services as needed . d~ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost xXX XXX xxx TOTAL COST ® Per attached quote/proposal $a Number Account Number ~ ~ ~~ID ~ . g Account Numbe ~ Account Number ~ ~ ~ ~ ~ ~Expendifure must be charged fo fhe appropriate account numbers for fhe financials fo accurately reflect fhe acfua~ expenditures, IT Director in collaboration with department to approve all hardware and software purchases; IT Director Dafe Supporf-Yes / No By signing this requisifi~rr~ ~rm, I certify that fhe Crfy's public contracting requirements have been satisfied. ° ~ ~ Employee ~ ~ Department Head: ~ ~ ~ ~ ~A x r (Equal to or greater than $5,000) , ~ y I r`, a e a~ f7 De artment Mana erlSu ervisor°~ e Cit Administrator; p g p - Y ~ (Equal to q~r greater than $25,000) _ - r funds a ro rioted for current fiscal ear, ~ / PJO ~ ~ . ~ ~ _Y ~ ~ ~ ~IllanCe DcOr- (Equal to or greater fhan $5,000) Dafe Comments: Gnrm _ RAnI iicitinn