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HomeMy WebLinkAbout2017-169 Contract - Cutting Edge Restoration Contract for GGQDS AND SERVICES less than $25,000 i C I T Y O F CONTRACTOR: Cutting Edge Restoration j .J ~ t1 CONTACT: David (~eigle 20 East Main Street Ashland, Oregon 97520 ,ADDRESS: 8o=t w I?''' St~ l~ledtord OR 97601 Telephone: 5411488-6002 I Fax: 541/488-5311 TELEPHONE: (54I) 3?6-6131 DATE AGREEMENT PREPARED: 5;'10,'17 FA?C: heavensdoor7@icloud.com BEGINNING DATE:.Iuly I, ?017 COMPLETION DATE: Lune 30, ?019 COMPENSATION; ~~~-Vi -J GQODS AND SERVICES TO BE PROVIDED: Contractor to provide on-call PAINTING and PRESSURE WASHING services, pursuant to labor and e~iuipment rates provided in Exhibit C (proposal}, Ser~~ices shall not exceed S i 0,040 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 m~ anner.that will not cREct u suantlto rAMrC 2 50 090 a drafter consideration of the mutual covenants contained herein the NOW THEREFO , p CITY AND CONTRACTOR AGREE as follows: 1. AI! Costs by Contractor: Contractor shall, provide all goads as speafied above and shall at its own risk and i expense, perform any work described above and, unless otherwise specified, furnish all lobar, 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 X25,000.00, 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 j City. I 6 Statutory Requirements: ORS 2798.220, 2798.225, 2798.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. j 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is X20,233,20 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 erforms 50% or more of the work under this contract. Contractor is also required to post the notice attached p hereto as Exhibit B predominantly in areas where it will be seen by all employees, 3. 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 i injury to any person (including injury resulting in death), or damage (including loss ar destruction} to property, of whatsoever nature arising otat 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 net 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: i a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Carlvenience. This contract may be terminated at any time by City upon 30 days' native in writing i _ ~ 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 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 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. 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 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 an this contract, including but not limited tc 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. i 12. Asbestos Abatement License: If required under ORS 46$A.710, Contractor or Subcontractor shall possess an asbestos abatement license. i 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. t~se 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 lases its QRF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualil~r as a C~RF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action far 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; ar attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. UIr'orker'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: $200,000$500,000, 1 000,000, $2,000,000 or Not Applicable far each occurrence for Bodily Injury and Property ~amraga. c. Automobile ~.iability insurance with a combined single limit, ar the equivalent, of not less than Enter one_ ~ $200,000, $500,000, 1 000 000, 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 Insured/Certificates 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 all pertinent deductibles, self-insured retentions andlorse/f-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 (and/or 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 other~vise, 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 CONTRAGT, 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 i liability to Contractor. 20. Prior Approdal Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. j 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. ~ Co a ~ ~ City of Ashla r By By Si ture Departure t Head Print Name Print Name J Title Date W-9 One copy of a W-9 is to be submitted with Orl- the signed contract. Purchase Order No. - EXHIBIT A CERTIFICATIONSIREPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii} it has not been notified by the Internal Revenue Service (IRS} that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a} it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: ~ (1) 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. X m rcial advertisin or business cards or a trade association membershi are (2) Come g p 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. Contract (Date) 4 1 1 ~ EXHIBIT B ~ o s an . , , . , - per hour effective June 30, 20'16 Increases annually every June 30 by the /r Consumer Price Index) - ~ - ~ . ~ portion of business of their 401K and IRS eligible employer, if the employer has cafeteria plans (including ten ormore employees, and childcare) benefits to the has received financial amount of wages received by assistance for the projector the employee. ➢ For all hours worked undera business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,283.20, include temporary orpart-time Ashland if the contract employees hired for less than exceeds $20,283,20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashlandincluding the Parks month period. For more ➢ For all hours worked in a and Recreation Department, details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hal , 20 East Main Street, Ashland, OR 97520 or visit the city's website at www,ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ~S H LA N D Contract for Goods and Services Less than $25,000, 06/3012016, Page 5 of 5 EXHIBIT C: PROPOSALS -PRESSURE WASHING & PAINTING CUTTING EDGE RESTORATION City of ,A~hland I[nter~ed~ate Procure~e~t REQUEST FOR PROPOSAL ON-CALL CONTRACTING SERVICES TRADE/TECHNINCAL} Release date: March 1, 2017 ~ad~ are dne by 2:n0 P~ ~STIDST~, Apri13, 2017 ~~`~Rw The City of Ashland (the "City") is accepting proposals for trade and technical on~call contracting services, including ARBORIST; AUTOMATIC GATES; BACI~'LOW; BUILDING CONTROLS; CARD LOCK FUELING SYSTEMS; CONCRETE; DEBRIS CLEANUP & MAULING; DOORS (O~IERHEAD & fL4NGAR}; DOORS WHINGED} ~i wINDO~WS; ELECTRICAL; FBNCING; FIRE ALARM; FIRE PROTECTION; FLOORING; GENERAL CONTRACTING; GENERAL EXCA~IATION; HVAC; INDUSTRIAL WASTE MANAGEMENT; LANDSCAPING & IRRIGATION; LEAK DETECTION; MASONRY; PAINTING; PAVEMENT CUTTING; PEST CONTROL; PLUMBING; PRESSURE WASI~ING; 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 cont~•acts 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 sta~•t July 2017 and extend until June 30, 2019, with an option to renew far two additional years. Contracts are non~exclusive~ Contractors who meet all oI' the City's qualification criteria, but are not selected for on-call service contracts, will be maintained in the City's database of prequalif ed contractors. Prequali~ed contractors may be considered for dabs at the City's discretion, including without limitation jobs that exceed the maximum cast of $10,000 or require specialized knowledge, shills, 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 cantl~actor 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 Kathal, is the sole paint of contact during the entire solicitation process. Information, correspondence and questions pertaining to this solicitation shall DNLY be directed to: l~a~ne: Kaylea I~athot Tine; Project I~araager Address: City of Ashland ~~91bll~'~1 way3 AShla~d, 97~2Q ~'e~e~lbOll~: ~~~.-~5~-~~~.~ E~ai1: R~tatA~~L~st~ash~an~~.or.~~~ Request for PrflpasaEs 4n Cali Con~aeti~g Services (~radel~ec}~nical) Page ~ C;•Iroih.t~rr~rclnnnl3 S_14 ~fl}Rtllln Y ict R&3Y'cl p A~minl'Ta~hrt4ral QPriII(`PC R~P17f11 S.1Q ~?~'P (]n ('a11 `i'Prh»iraE Ca~~rirpe R ~/Prc f~nrv ~~L In response to this RFP, interested contractors are requested to submit a proposal package consisting of the forfns and documentation described herein. Proposers shall provide the information, including any additional documentation, requested in the attached exhibits iu a clear and concise manner, CONTENTS OE PROPOSAL CHECI{LIST A. Exhibits Exhibit A. Proposal farm 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 anal Electricians}~t Exhibit G: Proposed Fee Schedule Exhibit H: Contract Terms ~ Conditions Exhibit I: Contract for GOODS AND SERVICES Less than $25,OOOt Exhibit J: Addendum to Contract for Goads and Services Less than $25,aa0t Exhibit provided for reference purposes, Employee information will be required within seven (7}working days of notif cation of intent to award. tExhbbits 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: Copy of current City of Ashland Business License (Per Exhibit I, line ~ and Exhibit J, section S.I.I} 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, CammerciaUBusiness Automobile (Per Exhibit I, line 16} St~n~ISStoN o>~ PROPOSALS Dne {1) electronic copy of the proposal rust be received by the City of Ashland on ar 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 clicl~ing the "Hpload" function provided on the online 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 cagy proposal. Please contact Kaylea I~athol as provided an Page 1. Request far Proposals - on Call Canfxaciing Services ~TradeJTechnieal) Paga ~ (Y~~nsah«urrkclPncrll4_1 A T?nta};nn i;at 1?~+F~c1A b~„tiinll'prhninal ~ArUirnc RFP~`?~11 ~..1 ~ n~'P (fin ('alI'Y'Pn3~niral QPnri~ae ~i ~PrC ~nrrr DUE DATE AND TIME The roposals must be submitted to the City prior to 2:~0 PM ~STID~T~ on Apl•il 3, 2D~ 7 0 p LATE ar FACED praposals will NU'B' be considered. Proposals not submitted elect~'on~cally will N®~' be considered unless prior a~.~angernent has been made with the City. ~~TA~UA.~'~~N ~~~C~SS An evaluation committee appointed by the City of Ashland, of no less than th~•ee ~3), will evaluate the proposals based an the evaluation criteria established in this 1~'p. Each category will be scored with a number of points, up to the ma~imutn number of paints assigned to each category. The greater the number of points assigned to a category, the greater the category's level of impot•tance, Each proposal will be evaluated, scared and then ranked according to the evaluation cr~ter~a, 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. zf 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, Aber the initial evaluation of the proposals has been completed, the Evaluation Committee may request written clarifications. The actual interview andlar additional inquiries far clari~catians may be performed or requested in person or by telephone. The City afAshland 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 andlor multiple contracts with the proposer and/ar proposers deemed to be mast qualified will then be negotiated. If negotiations with a proposer are unsuccessful, the City of Ashland may p~'oceed to the nest most qualified, and so on until a contract is successfully negotiated. Request far praposals On Ca1I Can acting Seiwices (TradefT'echnical) Page 3 (;~in~ih_~xirlre~annll5_14 Rnfatinri Y ict RFU~e1Q ~,r~m~nlTPrAnir~l CRivirre R~+Pl?f11S..1Q RFP fln Ca11'T'P~hniral Cp~nrl~ac F ~/Prc rlnrv EVALUATION CRITERIA The proposals will be evaluated according to the following criteria. E~A11~AT.~~1~ CR,1T~1~A P®I~1TS 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 & ~Iehicle List 1 ~ Exhibit F: Employee Security Checl~ Fo~'m (Plumbers and Mandatory Electricians) (acknawledgementpoge)^k Exhibit G: Proposed Fee Schedule 20 Exhibit H: Contract Terms & Conditions Mandatory Exhibit I: Conh'act for GOODS ACID SERVICES Less than $~5,00~ Mandatory (acknawledgementpoge) Exhibit ~:Addendum tQ Cont~'act for Goads and services Less than Mandata~`y $25,044 (acl~nawledgernent page) Copy of current City of Ashland Business License (Per Exhibit Mandatory Tine 2 and Exhibit section 5.1.1); copies of applicable specialty licenses requu'ed by the Oregon Construction Contractors Board; and copies of current Insurance Certificates, including without limitation: '~orlcers' Compensation, General Liability, and Cam~ercialfBusiness Automobile (Per Exhibit 1, line 1G). .Employee info~~nation will be required ~vithin seven ~or~king days of not cation of intent to award contract, Request for Proposals - 0~ Cali Con~.~ac~ing Services {TradelTechnieal) Page ~ (;~In+th..~,~r1rc1Q+1+x115.14 Y7nfatinn T ict 1~Fp~cld tlr~minlTrr~3~nrral .t'anrirac ~?~U17~114_t4 ~2~A (l+, f A11 Twn~+niral Cnrvi~ac ~ ~IPre rlnrv E~hit~it ~1: Propus~l ~`or~n ~ AT~~~ The undersigned proposer submits this proposal ih response to the City of Ashland's Request for Proposals tIZFP} for ON~CALL CONTRACTING SERVICES (TRAI~EITECHNICAL} dated March ~ , ~0 ~ 7. The proposer warrants that prapaser has carefully reviewed the RFP and that this proposal represents proposei•'s full response to the requirements described in the R~'P. The proposer further warrants that if this proposal is accepted, the prapaser will contract with the City, agrees to the terms a~ad conditions found in the Agreement foz• ON~CALL CONTRACTING SIJRVICES 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 ofthe RFP and contract documents, 1a Parent Company, if applicable: Company Name {I~EQUrREL}: Cutting edge Resforaiian 3, Service Provided: ~ t ~ 4. Business Address; S04 vU ~ 2fh Medford Qre 975a~ S~ Telephone Number; (,~4~ ~ 326-6~ 3~ d. Fay Number: 7. Email Address: heavonsdoor7@lcloud.com Name of Authorized Signatory: David D Geigle 9. Title: QwnerlOperatar lo. gate: 031 alp 7 Proposer is a resident bidder as defined by ORS 279A.12o(1)(b) Mesa Nfl~ Proposal Farm Page A,~ G;Ipub-wrkslengllS-19 Rotation List RFP's1A AdminlTecl~nical Services RliP12015.19 R~'P_on CaII Technical Services E Vers.docx Fxflil~it P~~oposal ~+'orm ~MCAIY~ATDR~ The undersigned proposer submits this proposal in response to the City of Ashland's Request for Proposals {REP) for ON~CALL CONTRACTING SERVICES (TRADE/TECHNICAL) dated March 1, 2017. The proposer warrants that proposer has carefully reviewed the RFP and that this proposal represents proposer's full response to the require~x~ents described in the REP. 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 far ON~CALL CONTRACTING SERVICES (TRADEITECHNICAL) 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: 2, Company Name ~REC~tJIIZED}: Cutting Edge Restoration 3, Service Provided: Business Address. gD4 W 12th Medford Ore 975x1 S. Telephone Number: ~a41) 326-6131 b. Fax Number 7. Email Add~~ess: heavonsdoor7@icloud.com 8. Name of Authorized Signatory: David ~ Seigle 4. Title; OwnerlOperator lo. Date: Q3110l17 Proposer is a resident bidder as defined by 4RS 279A.120~1){b} Yes Na~ Proposal Farm Page A.1 G:1pub-vvrltsleng115-19 Rotatio~r List RFP's1A_Adminll'ecl~ical services RFP12015-19 RFP_bi~ Call Tectu~ical Setvices~~ Vers.docx ~ahi~~~~ B: ~~pe~ie~ce and ,A.bi~ity to Fal~t~ ~e~ic~ I~..ega~i~emetat~ ~0 P~~N'~'~~ Q~~~~~cation~: Describe the bidder's qualifications and number of yeat•s providing services to confirm bidder has the expertise tp meet all contractual responsibilities. In my 9 plus years as a genera! contractor my pressure washing services included the following; fit} parking sturctures ~2} commercial parking fats ~3) interior and exterior stairwell corridors ~4} commercial and residentual buildings ~5) commerical awnings rib) goad deck restoration. My business owns ail it's own equipment and tools necessary to do any pressure washing service, I am licensed, banded, and insured with the State of Oregon. Lincense #~~4~aa ~'erforman~e: Provide a description of the bidder's record of satisfactory contract integrity and performance. In my 9 plus years and a general contractor with the State of Oregon l have negotiated hundreds of sucse~sfui contracts, including contracts with the City Of Ashland. Ali my contracts include my business name, ccb license number, date business phone number, scope of work, warranty, and time, labor and materials proposal, time of completion. All my business is done with all honesty and intergrity. I have excellent customer commuication skills. if a customer has a complaint I ga out of my way to make sure they are compleatly satisfied With my work before I leave the project, l pride myself in cutamer satisfaction. ply business is built on referrals and you dont get gaol referrals unless you have happy customers. Experience and A1,ility to Fnll"il1 Service Requirements rage B.1 G.1pub-wrksleng115-19 Rotation ~,ist 1~P's1A AdminlTechnical Services RFP12015~19 RF1'~On Call Technical Services E Vers.docx service Ares: D~scr~be geographic area serviced, ! service all of dacl<sarl County. ~ndic~te appr®priate iIIbdustt~y experience you have t® pravide the type and sCape of services being ~~equested hein~v: Comme~•cial new and existing (All trades}: General contractor, licensed, banded, and insured. interior and exterior Painting, Pressure Washing, Residendual Remodeling and Restoration, Wood Decks and Wood f=ence Building and Restoration. Residential new and existing (P1w,tTMBING and ELECTRIC only); l I f' l Experience and Ability to liul~}}Service Requirements Page B.2 G;lpub-wrkslenglXS-19 Rota#ian ~,ist RIrP's1A Admi~tlTecl~tical Services RFP~OIS-19 RFP Dn Call Tecbnica(Services E Vers.docx ~~1~i~~i~~ Co R.~~erences Custo~n~~ S~a~rz~~ ~~~~ad~~•~s .Ab 3~ ~~~~TS~} Provide fi~~~e 1•~fe~~enc~s in tie space 5efow. e~'~~r~ne~ I~~~ne ~~~a~i~a~t~~ o~ ~.eta~ioas~tp ~h~~e I~~~~e~• Kaylea Kathol, Project Manager pity of Ashland Public works X541 } 552-24~ 9 Jahn Menchan, Merchant i~ep Sherwin llvilliams Paint {54~} 646~4~3~ Wayne Slawsan, Jannalee Smithey Satisfied Customer ~5~1} 262- 2335 e~cr~~e Abe ~ic~der's ~~~~a~e~ ~e~ic~ s~a~dards I pride rnyselt in customer satisfaction and ga above and beyound to make sure the project is lane righ#. I have excellent customer communication skills, Aii my material is guaranteed to be as specified 'rn the contract and all my work is performed in a timely and substantial workmanlike manner. Prices, specs and conditions are all Bane over before the contract is sighned. [pay all my material suppliers for materials in cash the day I make the purchase, no payment schedules, and i have an excellent customer rapport with Them. References ~ G~stome~~ Service Standards Page C. ~ G;Ipab-vvrl~lengllS-19 Rotation List RF~''s1A Adm~lTeciu~ical Services RFP1~~iS-19 R~`P On Cali Technical Services E Uers,docx A i~ E~#ii~at Faciti~~es dcsc~ip~aon and int'o~rnati®n 1~ P~'~~~ Physical g04 ~1~ 2th, Medford ~R, 9750 Address 1V~ailing carne Address cif different) Description of 7.Oa am to 7.pm Hours can lae arranged to suit the particular project and business hours customer. Description of My worn shop is located on my property. facility Description of My vehicle storage is located on my prope~y. vehicle storage Description of ~y material supply storage is located on my property. ma#erial supply storage Facilities description and infarmatian Page D.1 G:Ipub-wrkslengl]5-19 Rcta~ion ListRFP's1A AdmjnlTechnicat Services RFP12015~1g RIiP 4n Cail Technical Services E Vers.daex I; S ~C~~ii~i~ E. ~q~~p~e~~ ~~~~cle ~~s~ ~4 ~~~l~T} ~Jescribe any ~el~lcles that will be used uncles phis contract In ;rye space below, '~e~le~e ~ese~ipt~o~ L~~~~se # ~t~~e a~~~~~e dear ~oa~d~t~o~ Ford, F~~ 5~, 4 wheel 52~~KUV C~re~on ~~cellen~ drive Egaipme~t & vehicle List Page ~ C.1pub-wrkslengtlS~l9 Rotation I,is# RFl"s1A~ Adit~intT'ec~nicai services R~124i5~19 ItFP (}n Call Tecl~ical services E Vers.docx v h ~l~il~it ~nntract Terns ~ Conditions tl~lA`~(~Y~ The proposal should indicate acceptance of the City of Ashland's contract provisions attached as ~~~~b~f Contract for C{a~l~S Ab1D SER~I~CE~ f.ess than $25,40, and/ar suggest reasonable alternatives that do not substantially impair the City of Ashland's r fights uzzder the contract. The p~~aposer may also propose contn•actnal terms a~1d conditions that relate to subject matter reasonably identified ~ the request for proposals. The City of Ashland resen•ves the right to negotiate the contractual terms and conditions p1•opased as alternatives by the propaser• rf inclusion of any of the City of Ashland's conf~~act provisions will result in highe~• casts for the services, such casts must he specifically identified in the proposal. Unconditional refusal to accept the contract pz•ovisians proposed by the City QfAshland without offering acceptable alternatives may result in the disqualification afthe proposal, D~ (Initial to indicate acceptance} If applicable, provide recommended alternative contract provisions. Contractor shall comply with all federal, state, and local laws applicable to the work under this Contract, and all regulations and administrative Holes established pursuant to those laws. DG (Initial to indicate accepta~~ce} Contractor shall provide awell-supervised, trained and fully staffed worl~ force at all times to perform the contracted services in a timely and efficient manner. DG __~___.w__ (Iniitial to indicate acceptance} Contract Tet7ns & Conditions Page H.1 G:lpub,w~•kslengll5-19 Rotation La•stRTP's1A. AdtninlTechnical Services RPPt20~5-1~} RPP On Call Technical Services E Vers.dacx Contractor shall be responsible for providing accepfable staffing levels and employee supervision to ensure all contracted services are satisfactorily performed in the safest, most cost effective znam~er passible, (Initial to indicate acceptance} 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 ~ubcootractor's work. Contractor agrees that if subcontracts are employed in the performance ai' this contract, the Contractor and its subcontractors are subject to the requirements and sections of UI~S Chapter 65~, workers' Compensation, D ~ (Initial to indicate acceptance} ACCESS T~ ~EC~R~S Contractor shall maintain fiscal records and all other records pertinent to this Contract. Q ~ (Initial. to indicate acceptance) 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, D ~ Initial to indicate acceptance) All such records shall be retained and kept accessible far a minimum of three years fallowing final payment. Q ~ (~rritial to indicate acceptance} The City of Ashland's authorized representatives shall have the right to access the Contractor's baal~s, documents, papers and records related to this Contract for the purpose of conducting audits to monitor compliance with the teens of the contract, D ~ (Initial to indicate acceptance} ELIG~~~LIT~ TU PA~.'~~CIPATE E~ pL~C P~.~C~7R.El~E~iTS Provide a written statement which identifies praposer's status regarding its eligibility to participate in public procurement activities. If the Finn, 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•2 G;1pub~wrkslengllS-19 Rotation List RFP's1A AdminlTechnicalSewices Rlil'1201~~I9 RFP_On Call Technical Services E Vers,docx procurement activity, including being disapproved ar disqualified as a subcontractar with any federal, state ar 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 pal•t of the required statement. The praposer shall identify the name, address and contact infortnatian of the governmental unit that has the authority to issue the findings ar ruling, the effective date and duration ofthe current action or proposed date and duration of any pending suspension or debarment and. the circumstances relating to the current or pending suspension ar debarment, ~,re you eligible to pal~icipate in public procurement activities? Yes ~ No If "NO", please p~'ovide the information requested above; A~~ITI®NA~ D~C~E~ITA.TI~1~ Contractor currently retains or is willing to obtain the licenses and insurance policies listed below, and will furnish the Fallowing documents to the City within seven ~7}business days ofnatif~cation of intent to award: Copy of current City of Ashland Business ~,icense {Per Exhibit I, line 2 and Exhibit section S. ~.l} Copies of applicable specialty licenses required by the Oregon Constt'uction Contractors Board ® Copies of current insurance Certificates, including without limitation: warl~ers' Compensation, General Liabilitym, Commercial/Business A.utomabile~ (Per Exhibit l!, line 16} '~Prio~• to envy into a contact, City of Ashrand must ~e nartzed on cet•ti,~ca~e as additiojzaZ insuJ~ed. D G Initial to indicate acceptance) Contract Teems & C4nditians Page H.3 G:Ipub-~~rksleng115.19 Rotation fist P~'P'sIA AdminlTec~ical Services ~P12015~19 RFP_Or~ Call 'technical Services_)J ve~•s,dacx ~E~l~i~tt 1: ~n~t~~ct ~~~5 A 5~~~~5 less ~ta~>~ ~ZS,OUO A.T~R,~'j ~To be campietc~ t`aliowing natifzcation af'dcc~sio~ to au~ar~ contra~t~ ~ ~ T ~ C~ ~ CONTRACTOR: A CONTACT; 20 East Mein Street Ashland, Oregon ~752Q ADDRESS; Telephone: 541 f488-5002 Fax; 5411488-5311 TELEPHONE: DATE AGREEMENT PREPARED; FA~C; BEGINNING DATE: COMPLETION DATE; COMPENSATION; GOODS AND SERVICES TO BE PROVIDED; ADDITIc~NAL TERMS; in the even# of coniiicts ar discrepancies among the con#ract documen#s, the Cify of Ashland Contract far Goads and Services will be primary and #ake precedence, and any exhibits ter ancillary contrac#s or agreements having redundant ar contrary provisions will fie subordinate #o and in#erpre#eci In a mannar tha# wilt no# cnnflicf wi#h the said rima City of Ashland Con#rac#, NOI~I TNERE~ORE, pursuant to AMC 2,5g.Q90 and af#er consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1, Ali Go~fis by Contractor; Contractor shall, provide a!1 goads as specif led abave atld shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish a!l labor, equipment and materials required for the proper performance of such work, Quaftfied tNork: Contractor has represented, anti 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 worlcer~like manner and, if required to be registered, licensed or handed by the State of Oregon, are sa registered, licensed and bonded. Contractor must also maintain a current City business license. 3, Completion Rate: Contractor shall provide all goods in accordance with the standards and specifications, na later than the date indicated above and start performing the work under this contract by the beginning date indicated abave and complete the work by the completion date indicated above. 4. Compensation: City shalt pay Contractor for the specified goods and far any work performed, including casts ~ar~d expenses, the sum specified abave. Payments shall be made within 3~ days of the date of the invoice. Should the con#ract be prematurely terminated, payments will be made far work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $~5,t11~0.00, unless a separate written contract is entered into by the City. 5, Ownet~hip of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City, Statutory Requirements; ORS 279B.22U, 279B.~25, 279B.230, 279B.235, ORS Chapter and ORS 67Q.6U0 are made part of this contract. 7, ~ivinc~ 'VVa~e Re~uirernents~ if contractor is providing services under this contract and the amount of this contract is $2~,283,2g or more, Contractor is required to comply with chapter 3, ~2 of the Ashland Municipal Cade by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 5g°1© flr more of the work under this contras#, Contractor is also required to past the notice attached hereto as Exhibit B predominantly in areas where it will be seen by alt employees. 6, Indemni#ica#ion: Contractor agrees to defend, indemnify and save Gity, its ofl•icers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subroga#ions, or other damages resulting from injury to any person including injury resulting in death}, or damage including lass 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 res onsible for an lasses, ex eases, claims, subs atitans, actions, costs, Cotrkraet for GODS AND SiJR~TCES Isess than ~25,~~Q Page 7.1 G,lpub-wrkslez~gllS-X9 iota#ian List Rk`P''s1A AdrnintTec~ical Services RFP120f5~19 Qn Call ~'echtticai Services E ~ers.docx judgments, ar other damages, directly, solely, and proximately caused by the negligence of City. 9. Ter~tination; 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 by certified mail or in person. c. F'or City may terminate ar 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 l'ollawing 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, ar interpreted irr such a way that the services are no longer allowable ar appropriate far 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 be ,held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Cefauit ar Breach. i. Either City ar Contractor may terminate this contract in the event of a breach of the contract by the other. Friar tt~ 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 native, or within such other period as the party giving the notice may authorise or require, then the car~tract 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 can#ract. 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 ar in any extension thereof. iii. The rights and remedies of Gity provided in this subsection ~d} are not exclusive and are in addition to any other rights and remedies provided by law ar under this contract, e. Obligation/Liability. of Parties. Termination or modification of this contract pursuant to subsections a, ti, or c above shalt be without prejudice to any obligations or iiabiiities of either party already accrued prior to such termination or modification. l-lowever, upon receiving a notice of termination regardless whether such notice is given pursuant to subsections a, b, c ar 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 propert}r that are ar would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination da#e if such work was performed in accordance with the Contract. ~fl. 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. ~ 1. Nora-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 limi#ed to City discovery of a misrepresentation or sham regarding a subcontract ar that the Sidder has violated any requirement of ORS 279A,11 D ar the administrative rules implementing the Statute. 12. Asbestos Abatement Licenser if required under ORS ~68A,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 c©nsent of City. Any attempted assignment or subcontract without written consent of City shall be void, Contractor shall be fully responsible for the acts ar omissions of any assigns or subcontractors and of all persons employed by them, and the approval by Gity of any assignment ar subcontract shall not create any contractual relation between the assignee or subcontractor and Gity, 14. Use of ~ecyciable 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 Ql~~ 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 nrnent for the benefit of creditors, or ceases loin Contract far GOODS ANZ} SE.R'~C~S Less than $25,000 Pale t,2 G:1pub wrkslengll5~19 Rotation List RFP~s~A AdlninlTecl~niCal SeN1CL'S R~'.~120I5-~~ RFP rJn C~11 Tech~icai Services ~ Vers.docx business on a regular basis of the type identi["{ed in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insu~nee. Contractor shall at its awn expense provide the fallowing insurance: a, Worker's Com ensafion insurance in compliance vuith ORS Sa6.0~7, which requires subject employers to provide Oregon vuarkers' 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: X1,000,000, 2 000 000 or Not Applicable far 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, ~ X00 000, or Nat Applicable far each accident fnr Bodily Injury and Property Damage, including coverage for owned, hired or nan~owned vehicles, as applicable. d. Notice of cancellation ar chan e. There shall be no cancellation, material change, reduction of limits ar intent not to renew the insurance coverages}without 30 days' written notice from the Contractor ar its insurers} to the City. e. Additlonal [nSUredJCertificates 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 prier to commencing work under this contract. The contractor's insurance is primary and non- contributory. The certificate will specify al) afthe 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 financia..lly responsible for all pertir}ent deductibles, self' insured retentions and/or self insurance. 1?. Governing ~.aw; 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 ~andlar any other or department of the State of dragon} 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 person jurisdiction of said courts. In na event shall this section be construed as a waiver by City of any farm of defense or immunity, based an the Eleventh Amendment to the United States Constitution, or otherwise, from any claim ar from the jurisdiction. 1~. TH(S CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS GF TH1S CONTRACT SHALL BIND EITHER PARTY UNLESS IN UURITiNG AND SIGNED sY BOTH PARTIES. SUCH 1l1rAIVER, CONSENT, MQDIE~ICATION OR GRANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPEG11=1G PURPC7SE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL QR WRITTEN, NpT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, 8Y SIGNATURE QF ITS AUTHC1RlZED REPRESENTATIVE, HEREBY ACfCNaWLEDGES THAT HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY [TS TERMS AND CONDITIQNS. 19. Nonappraprlations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized far expenditure to finance the casts 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 an City appropria#ians, or other expenditure authority sufficient to al(oW 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 ar liability to City, effective upon the delivery of written notice to Contractor, with na further #lability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Gauncil or the Public Contracting Officer is required before any work may begin under this contract. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated b reference. Contract i'or GOODS AND SERV~C~S Less than $25,000 page i,3 G;lpub~wrksleng115-t9 Rotation List It~'P's1A ,Adminl`~echnical Services ~12~1S-I9 RFP_Oi~ Cali Technical Services E Vers.docx C~~~rac~vr: A~h~and 8y By Signature department Head Print Name Print Name Title Date ~iU-g Une copy pt a UU-9 is to be submitted with the signed ccntract. purchase Urder No, C~~tract fir CxOaI~S AND SERV~~ES Less t~a~ $25,0(30 Page I.4 G:1~ub-wrk~leng115Ki9 Rotation List RI~P's1A AdminlTechnical Services RI~P12015.19 REP ~r~ Call 'T'echnical Services E Vezs,dacx a 3 CONTRACT E1 4T G~RTI~ICATl~N~1R~RR~S~NTATi4NS, Contractor, under penalty of perjury, certifies that (a} the number shown on the attached W-9 form is its correct taxpayer ID for is waiting far the number to be issued to it and (b} Contractor is oat subject to backup withhalding because 4i} it is exempt from backup withhalding or (ii} it has not been notified by the Internal Revenue Service {iRS}that it is subject to backup withhalding as a result of a failure to report all interest or dividends, ar viii} the IRS has notified it that it is na longer subject to backup withholding. Contractor further represents and warrants to City that ~a} it has the power and authority fin en#er 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 wori<. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorised to act an behalf of the entity designated above and authorized to do business in Oregon nr is an independent Contractor as defined in the contract documents, and has checked four nr mare of the following criteria: 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 ar 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} t.abar or services are performed for two or more different persons within a period of one year. ~6} I assume financial responsibility far defective warkrnanship ar far service not provided as evidenced by the pwnership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Cantractnr Date} Canh'act fo~• COODS AND SERVICES Less fan $25,QDQ Page I,5 G:lp~b-wrlcsleng115.19 Rotation 1•Jist RFP's1A• ,Admi~ITechnical Services RFP1201S-14 REP On Calf ~'ec}~nical Services E ~ers.docx 4 ~ ' e i ~ 1 t' . ~ ~ ~ t 't ~ ~ ~~d iY9J9~9~ ~+~~~84r~ ~w1911~ ~A~~ ~I~+~r~~s~~ ~~r~~~l~y ~~~~y 0 by C+ar~~~m~r Pr~~~ ~r~d~~~ - ► - ~ , ~ portion ~f ~~ssit~eas of tiiair ~gl K and 1RS elicihle . , . an'~ptoyer, ifttte empio~er has cafeteria plans {inelua`ing tan or rn~re eir~pf~o~ees, and childcare; har~fits to tha has ~ece{v~d financial an count of ti+~a es recei*dad bar aasistence fcr tk~e pro~evt or ~e er€~plQ~{ee. t^ar as hours +~~~orftpd ur:der a ~)s,ISii~BS$ fra~~i fhe C~tit ~f sena~t~ ~r~~°act bet~~~aer€ d~eir {~shiand it€ e~e~s of ~ date; `~~.~r~playae° does not en~pt~J~ar ar€d the Ct~~ of ~2~,Z83.2Q~ inch€de teat orar•~ ar art ~Rrrn~ f~lr€?ar€d if tha contract p p , en ~plo~~s ~}fired for lei than exr~eds 524,283.20 or nYare. ~ t# their ?mpla~er is f%€a C;rr~ of 1~~0 yours in an~~ ~~~e?v~ kshlend inc`udint~ th~a 'arks month peric'~. i"ar rn~~~e for ail ho!~~ ~~~~ar{c~d in a and Recraatian department, dataits or€ app'icabiii{y a# this month if the e=€':pla~{ee spands pclic~; Tease see Ash~and ~~~oo or more of ~s ~ ~ r in catc~l~tin~ the li~~ir~g gage, 'blunicipar Code ~~;ton en~pio;~Ge'a t':r~€e ir€ that mar€th er€tplorer~ rray add tE3a ~a'ua ~.t2.0~0. r»~~or~is€g ar€ a p4a;ect or of heaifh care: retire~~ar~t, + Call tie A~h~and Cif ~.d€~7ir~i5`~rat~r's ~ffc~ ~~-=IB~•~~~~ ar ~+~rit~ to tie city ~dministr~t~r, ~i~y l~~f~, l=ast ~1ain ~tr~et, ~shlarf~T OR ~~~Z~ ~r ~is;!t tlr€e ~~~s ~~4t~bsit~ 4a,~,;~.aahlar~d.ur.~a,s. ~~tice ~o f~pla~y~~s; ~~~is r€alic~ ~r~~st be p~st~d predon~ina~~ly a~aas ~n~er~ it can seen >7y all empE~,re~s. C3~ Contract for GQ{~DS A~TD SER'V~C~S .Less thsn ~25,OQ0 Page ~.6 G.1pub~wzksleng1t5y19 ltatatian Dist ltl~"P'slA Adrninl~'echnical Services RFP'l2015~t9 RPP On Call TecUnica(Ser~vices ~ ~ers.dacx i A,Ck~4w~e~g~~m$ Of $e~"~S and ~®ndlt~on~ o~ ~~hl~i$ Contract ~o~ ~~UT~S A.I~~ 5~~~~~~ Lcs~ than ~25,Od~. I acknowledge that I have read and am fa~.iliar with terms of the template contract and the ~antr is exhibits A a~~d herein referred to as Exhibit L °'`f (halal to acknowledge} Contract for GOODS AND SERVrCES Less than $25,000 Page 7,1 G:1pub-wrkslengll5-lg Rotation List RP~'s1A AdminlTechnical Services REP12015•~~ RFI'~On Call Technical Services E Vers.docx s • ~ ract for Goods and Se~vkces Less than ~~5,h00 ATORY~ Exl~~b~t J. Addenduru to Coot ~ ER`~ICES .~GREE~N~' FOR. Ol®1~CA~LL ~ eci type} { p fy AI~I~ENDUl~ to Ci o~ Ash(aud Caods & Services Contract Less Tlaan X25,000 between the THIS tY CITY OF ASI~LAI~D, as City, and Cutting l=dge Restaralion as Cnnt~ractor•• S the Cit of Ashland regularly requests an~call trade and technical services for the IEREA , Y intenanGe and re air of City facilities services}, and. often when an emergency for such services may ma p arise on bath private and City owned property; and AS ~~}e Ci of Ashland would like to establish a speedy and efficient selection among qualified finesses that still fosters fair and equal competition among thereto obtain the lowest pace; and bus + A.S Contractor res onded to City's Request for Proposals t'or do-Call Contracting Services ARE p ~TradelTechnical}and was selected by the panel that previewed the proposals, HEREI+~GI~E CITY AND CONTRACTOR HEREBY FURTHER AGREE AS FQLLO~VS: NOVA T a iJEl'~~~TIONS. - REE1vDENT: Th€s document, entitled Agreement 1'or On-Call Nlaintenanee and Repair Services 1►I. AG (TradelTechnical}, and any exhibits incorporated herefin• BUSINESS HOUR: Hours during which business is normally conducted, specifically AI1~ to 1.~. 5:00 PM, Monday through Friday, excludi-ng holidays. RESENTA.TICYE: Specifically designated employees authari~ed by thfis Contract to Gall I.~. CITY REP view bids select, and dispatch Contractor to areas needing services, City Representative Contractor, re ersans deli ated from the City ofAshland Public Warps Department and the Ashland Parks will mGlude p gn and Recreation Department assigning services to CantraGtars for their respective departments. Ad~endem to Canh•act foz' Gaols ~cl Services Less than $25,OOD Psge J,1 G;1 ub-wrksleng115-19 Ra~ation List R~1'`s1A AdminiTeelmicaI Services T~'1'12015.19 RFP Dn Call Teclinic~l Services E Vers.docx 4. CC~~dTA.CTGi~: A company which is party to this Agreement, its employees, agents and associates, 1. including all principal parties, such as its officers, directors and managers, 1.5. EIVR.~ENCY~ Any human caused ar natural event or circumstances causing or threatening loss of life in'ur to erson or property, for similar human suffering, and includes, but is not limited to, fire J Y p ex losion flood severe weather, drought, earthqualte, spills ar releases of oil or hazardous material, p contamination, disease, blight, lnfestation, ctv~l disturbance or riot, ~o~, H:~L~AYS; The days of the year observed by the City include: New Year's Day, Maltin Luther Kin Jr. Da ,President's Day, Memorial Day,luly 4th, Labor Day, ~Teteran's Day, Thanksgiving Day, g, y Day after Thanksgiving, and Christmas Day, ~,7, The erson in whose name a property is titled, or the person who has the right to possession p of the property. ~.8, (}wNER'S AGENT; A person. authorized by an owner to have access to the property. 1.9. SERV~CE~S): Any trade or technical services performed by contractors defined in this Agreement for the ur oses of maintaining City facilities, including such activities as troubleshooting, repair, minor Pp installation, and materials removal. 2. SCDPE DP SE~'~CE~. ~.t.1. Contractor a ees to provide services when requested to do sa by City. The City Representative will forward such requests to Contractors under contract by the City. CpIYfpEI~SATIGN, Contractor will be paid for its services by City at the rates attached to this 3. Agreement and hereby incorporated as Exhibit G. 4 TERN. This A cement is effective Ripon execution by both parties, and it shall continue for two . ~ eom lete fiscal ears thereafter (duly 1 through dune 30). Upon expiration afthis Agreement, Contractor p y re uest a two ear extension by contacting the City in writing mare than 45 days before the expiration may q Y Addendum ~ Contact for Goods and services mss than $25,00 gage J.2 G;lpu~-wrkslengllS-19 RotatianListRFP's1A. AdtninlTechnical Services R>i'~12015-191tFP On Call Techt~icai Services E Vers,docx eernent. The extension shall be granted unless the City objects in writing more thall 30 days of this Agr before the expiration ofthis Agreement, 5. COI~TRAC~'~R SER.VICE REQ~U~tEEN~'S. 5.1. L~CEI~SES. i, Cene~al Q e~at~ons. Contractor shall possess a City business license and all convnercial vehicle 5.~. p and operator licenses required under local, state and federal regulations. ,2, Const~netion Contractors License. Contractors perfozrning construction activities to real 5.~ ra erties must be licensed with the Oregon Construction Contractors Board shall meet all state pp re uirements assess and maintenance of licensing and bonding necessary far providing services per ORS q ~p 7a 1 and OAR $12. 5,~. PE~S~NNEL LUIV~IlV~ All ELECTCAL). All plumbers, electricians, and their assistants conductin an and all business related to this Agreement shall be identified on a personnel roster g Y ' ed riot to si in this Agreement, Any changes to personnel shall be reported to the City by the subm~tt p gn g t 0th day of the month fallowing the change. 5,~, SP~~iSE T~N~ anon-emergency}:Contractor shall respond to all service requests to Contractor b the City Representative within eight ~8) business hours of receiving the initial request. y 5.4. PLACE ~F ~3~JSII~ESS ANA [~PERATI~N~a 5.4.x, business (~f`fice. 4.1.x. The Contractor has an established place of business within a 40 minute radius to the Ashland city S. li~nit$. The business office is open for the purpose of inspection of business records and equipment from 5.4, ~.2. x:00 A1Vl to 5:00 BM excluding weekends and holidays. Addendum to Contract for Goods and Services Less than $25,00 gage J.3 G:1 ub~wrksleng115-19 Rotation Lisle R~rP's1A AdminlTechnical Services R>1'P12Q15-Ig R~'P_On Call Technical Services ~ Vezs.dacx P 544.~e3. The business off ce shall maintain records that contain the following infarrnatian far at least three years far each service: property description; reason far the serviced time and date of service, identity of the emplayee~s} providing the service; and an itemized list of services and Fees. 5.4.1.4. The Contractor bas personnel available ~4 haws a day, 365 days a year, who can be contacted to bid and perform services. 6, ~~D .~T,A'1'~C~l~. 6.~. Rotation Schedule ~.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 ~hereafler Priority Contractarj far receiving services requests fi~arn the City. Assignment periods extend far one calendar month, and will rotate according to a fixed schedule for the t~vo-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 warp opportunities. 6.2. Requests far services for nonMemertgency and emergency events will be made franc City Representative to the Priority Contractor. If the Priority Contractor declines the request, the subsequent Contractor an the rotation list Secondary Contractor} will be called.. if work is declined by the Secondary Contractor, the City will call successive contractors accardirtg to the rotation until the request is accepted and a contractor is dispatched. Response to service calls by the Secondary Contractor ar any successive contractor will not affect the order of the rotation list. ~SP~I~~~ TI~V~o 7.~, if communication pertains to an emergency event, Contractor shall inform City Representative whether it accepts an assignment within {3~) thirty minutes of receiving a call. Contractor shall not accept an assignment unless it has the equipment available and is capable of respandirxg and ar~•iving within the Addendum to Contract for Goods and Services Less than $25,flOQ Page J.4 G:Ipul~wwrkslengll5-z9 Rotation List RF~'s~A AdminlTec~nicai Services Rl?k'12U1~-~9 ~P_On Gall Technical services E Vers.dacx • fired timeframes outlined in this Agreement, Contractor shall not accept a call and then later decline raga it, except fox 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. S. ECG. ~ SER~CE REQUEST. 5.1. Contractor shall inform the City Representative, within thi~~y (3a} 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 Re resentative immediately if, upon arrival at the property, any condition prevents performance of the p service. Declining a service request more than thirty minutes after the Contxacto~~ 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 an the rotational list shall be dispatched. 9. C~I~TRACT~R'S ~~3E~GA'~~~NS DUTIES. 9.1. Contractor or its insurer shall give 3o 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 e ui ment necessary and summon it, as long as Contractor is authorized to perform the service, qp 9.3, Contractor shall perform ail work in a safe, courteous, and respectful manner. 9,3.x. Contractor shall not be verbally or physically offensive, abusive, disrespectful or discourteous to any owner or City employee related to the work performed. Addendum ~ Contracf for Goods acid Services Less tha~i $x.5,000 Page J.5 G:Ipub-wrkslengll5-~9 Rotation List RP~'s1A_Adminl~'echnical Services R~P12015-i9 ~P On Call Technical Services E Vers.docx ti 943.2. Contractor shall not operate any ~rehicle ar other equipment in performance of this Agreement in a careless, reckless, or negligent manner, 9.~. Contz~actor shall be responsible fo~• cleanup of the project assigned. Contractor shall carry, and use when necessar ,absorbent material, brooms, shovels and waste containers to clean the usual debris and Y waste associated with completing services. 9.5, Contractor shall make the business office available far inspection by the City at any reasonable tinge during normal business hours. 9.6. Contractor shall not cause unnecessary damage to the persons or prapetfiy of others while performing under this Agreement. 9.~. Contractor shall not maize any false statements of material fact, or omit disclosure of material fact in performance of this Agreement. 1~. N~~CE~,EANE~U~. 4 ~t~ N-E~CEUSIVE. This is not an exclusive contract for l ~ ices. lU,~. N~ The Ci ma from time to time utilize services for special needs outside Y this A Bement at its discretion, The City will make all efforts to utilize the services flf Contractors an the list consistent with the interests of public safety and timeliness. Addendum ko Gantract far Goods and Services Less than $25,~a4 Page 3.b G.lpub-wrksleng115-19 Rotation List RFP's1A AdminlTecimieal Services RIiP1~0~5~19 R>P^On Call Technical Services_E Vers.daex A.ch~owled~~nent o~tl~e ter~~s aid condi~o~s of ~~h~bit J, A.ddeoda~» Con>iract for ~~~~5 SE~t'V~C~S less than ~Z5,U40. cicnowled e that I have read and am familia~~ with terms of the ~4ddendum to Contract, herein referred Ia g t E ibit (trlitial to acknowledge) Addendum to Contract for Goods and Services Less than $25,000 Page ~.7 G:1 ub-w~•lcsleng115-191totatianListRPp's1A AdminlTechnical Services ~P1201S~19>~P_On CallTechnical Services E Vers,docx 13 i i i i I Exij113Et Addendum to Contract for Goods and Services Less than SZS,04Q MANDATORY) AGREEMENT FOR ONWCALL ~ ~ ( SERVICES (Specify h'Pe) THIS ADDEND~TM to City of Ashland Goods & Services Contract Less Than $25,000 between the CITY aF ASHLAND, as City, and Cutfiing Edge l~estoratior~ , as Contractor, WHEREAS, the City of Ashland regularly requests on,call trade and technical services far the maintenance and repair of City facilities (services}, and often when an emergency for such services may arise an bath private and City owned property; and w.~IEREAS, 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 ~ ~TradelTechnical) and was selected by the panel that reviewed the pl•oposals. E E E i i NOw THEREFORE, CITY AND CONTRACTOR HEREBY FI~R.THER AGREE AS FOLLOWS: 1, DEFINITIONS. 1.t. AGREEMENT: This document, entitled Agreement for On-Cal! Maintenance and Repair Services ~Trade~Technical~, and any exhibits incorporated herein. 1.Z. 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 authorised by this Contract to call Contractor, review bids, select, and dispatch Contractor to areas needing services, City Representative will include persons designated fralr~ the City of Ashland Public works Department anal the Ashland Parks and Recreation Department assigning services to Contractors far their respective departments. Addendum to Contract For Goods and Services Less than $25,OOD page 1•! (~;1pu6-~vrlslengll5-I9 Rotation List RFP's1A_AdminlTecTu~ical Services RTT'12~15-19 RPP~On Call `T'echnical Serviccs~T 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 persan or property, for similar] human suffering, and includes, but is not limited to, fire explosion, flood, severe weather, drought, earthquake, spills or releases of ail ar hazardous material, contamination, disease, blight, infestation, civil disturbance or riat• l,b. HOLIDAYS: The days of the year observed by the City include: New Years Day, Martin Luther King, Jr, Day, President's Day, Memorial Day, July 4th, Lobar .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 persan who has the right to possession of the property. 1,8.OWNER'S AGENT; A persan authorized by an owner to have access to the property. 1,9, SERVICES}; Any trade or technical services perfol~ned by contractors def ned 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,I,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 bath parties, and it shall continue for two complete fiscal years thereafter (July l 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 far Goods and SeNices Less dlan $25,400 Page J,2 G:lpub-wrkslengll 5-19 Rogation List l2FP's1A Admi~ilTecltnical Services RFP12415-19 l7FPWOn Cali Technical Services_~ Vers.docx r of this Agreement. The extension shall be granted unless the City ob3ects in writing more than 30 days before the expiration of this Agreement, 5. CONTRACTOR MINIMUM SER~TCE 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, Canstructiar~ Contractors License. Contractors performing construction activities to real properties must be licensed with the Oregon Construction Conttactors Board shall meet all state requirements, possess and maintenance of licensing and bonding necessary far providing services per ORS ~Ol 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 identif ed on a personnel roster submitted prior to signing this Agreement, Any changes to personnel shall be reported to the City by the I oth 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 ~0 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 $;oo AIVI to 5:00 PM excluding weekends and holidays. Adde~duin to Conb~act for Goods ~~d services Less than $2,000 p~~e J.3 G:l~t~b-rn~kslengll5.19 Aotatia~z List RFp's1A AdminlTeci~nic~l sc~~viGes Rpp12415-19 RFPWOn Cai1 Technical Services E ve~•s.docx j I 5,4,1,3, The business off ce shall maintain records that contain the fallowing information for at least three years for each service; property description; reason for the service; time and date of service, identity of the employees} providing the service; and an itemized list of services and fees, 5.4,1.4, The Cantractor has personnel available 24 hours a day, 3bS days a year, who can be contacted to bid and perform services. 6. BYD ~UTA'T10N, 6.1. Ratatiar~ Schedule G.1.L 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 Cantractor} for receiving services requests from the City, Assignment periods extend far 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 Cantractor declines the request, the subsequent Contractor ors the rotation list (Secondary Contractor} wi ll 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 ~iy the Secondary Cantractor ar any successive contractor will not affect the order of the rotation list, 7, RESPONSE T~l1~E. 7,1, If communication pertains to an emergency event, Contractor shall inform City Representative whether it accepts an assignment within (3~}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 Cautract for Goods and Services Less tha<~ $25,000 Page J.4 G.Ippub,wricslengll5-19Rotation List RTP's1A Adminl'rechnieal Services li'~P12015-14 R~1'40n Call Technics! Services B verS,docx c required timefiames outlined in this Agreement. Contractor shall not accept a call and then later decline it, except for circumstances beyond the control of the Contractor, i 7.2. Contractor shall respond to emergency service requests dispatched to Contractor by the City Representative within sixty (b0} minutes of receiving the dispatch. 7,3, Lack of a timely response may result in the Contractor being canceled fi~am the call and placed at the bottom of the rotation list, Repeated lack of timely response may result in termination of this Agreement, DEC~~.N~NG S~R~ICE R.Ef~UEST. 8.1. Contractor shall inform the City Representative, within thirty (3~} 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, $.2.1<f a Contractor declines a request, the rotation is advanced and the next available Contractor on the rotational list shall be dispatched. CONTRACT~7R'S 4BL~GAT~4NS AND DU~~S. 9.1. Conh~actar ar its insurer shall give 3~ days written notice to the City prior to any cancellation, material change, reduction of limits, ar intent not to renew the insurance coverages}, 9.~. After arriving at the property Contractor shall perform the service, ar determine the appropriate equipment necessary and summon it, as long as Contractor is authorized to perform the service. 9,3. Contractor shall perform alI work in a safe, cou~~teous, 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 Tess than $25,400 Page J.5 G:Ipub-wr~Sleng115~19 Rotation List RFP's1A AdminlTeehnical services R1rP1201S-19 RPP^On Call Technical services~l✓ Vers.docx 9.3.2. Contractor shall not operate any vehicle ar other equipment in performance of this Agreement in a careless, reckless, ar negligent manner. 9,4. Contractor shall be responsible for cleanup of the pra~ect 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 far 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, ar omit disclosure of material fact in performance of this Agreement. 14.1V.~SCELLANEUUS. NON-EXCLUSrVE. This is not an exclusive contract for ~ c services. i~.~. The Ci ma from time to time utilize ~ ~~1/V 4~ services for special needs outside tY y this Agreement at its discretion. The City will make all effa~~ts to utilize the services of Contractors on the list consistent with the interests of public safety and timeliness. Addenda~n to Contract for Goods and Services Less than $25,000 Wage J.6 G:1pub~wrkslengl~S-l9 Rotation i,ist RFP's1A AdminlTeclrnica( Services RrY120IS~19 RRP_an Calf Technical Services E Vers,docx Ackntiwledgment of the terms and co~tditio~s of Exhibit J, Addendum Contract for GU~DS AND SERVECES Less than $2S,ooo. I acknowledge that I have read and ain familiar with terms of the Addendum to Contract, herein referred as xhibit J. ~Imtial to acknowledge} Addendum to Cont~•act foi• Goods and Services Less than $25,000 Page J.7 G,Ipub-wrkslengll5-l9 Rotation List RFp's1A~AdminlTechnical Services RFPl2015-19 RFP_4n Call ~'echnical Services_E Vers.docx { CUTTI-1 OP ID: GW ACORL7~ CERTIFICATE OF LIABILITY INSURANCE DATE(MNUDDJYYYY) L.....~~ 0511812017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condi#ions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CNAOMNEACT Geor a Wheeler The Insurance Center, Inc. PHONE 541-899-9535 me No :541-899-9532 1A0 West "C"Street AlC No Ext P 0 Box 6 aoDRless: Jacksonville, OR 97530 George Wheeler INSURE S AFFORDING COVERAGE NAIC # INSURER A : Develo erS Sure ~ Indemni INSURED Cutting Edge Restoration INSURER B : Pr ressive Ins. Com anies David Geigle INSURER c PO Box 782 Jacksonville, OR 97530 INSURER D INSURER E : ~ INSURER F COVERAGES CERTIFICATE NUMBER: REVI510N NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE L POLICY NUIf~BER II~MlDDIYYYY POMIDDY Y~1fY LIMITS LTR A X COMMERCIAL GENERAL LIABILJTY i EACH OCCURRENCE $ 500,00 CLAIMS-MADE ~ OCCUR X BiS00014725-05 01!28!2017 01/2812018 PREMISES Ea occurrence $ 300,00 MEO EXP (Anyone person) $ S,OO ~ PERSONAL & AOV INJURY $ 500,00 GEN'L AGGREGATE LIMIT APPLIES PER: j GENERAL AGGREGATE $ 1,000,00 i PRODUCTS - COMP~OP AGG $ 1,000,00 X POLICY ~ ~ a ~ LOC $ OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea axident B ANY AUTO 913970283 03!1812017 0911812017 BODILY INJURY {Per person) $ 50,00 ALL OWNED X SCHEDULED BODILY INJURY (Per accident) $ 1 OO,OO AUTOS NON-0WNED PROPERTY DAMAGE $ 25,00 HIRED AUTOS AUTOS Per acadent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION STATUTE ER H- _ AND EMPLOYERS' LIA61LnY ANY pROPRIETORlPARTNER/EXECUTIVE Y 1 N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ~ N 1 A (Mandatary in NH) E.L. DISEASE - EA EMPLOYE $ If es, describe under E.L. DISEASE -POLICY L1MiT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS !LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedulo, may be attached it more apace is required) City of Ashland, it's agents, officers and employees, named Additional Insured CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main St. AUTHORIZED REPRESENTATIVE Ashland, OR 97520 George Wheeler f 0198 - CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are regis#ered marks of ACORD Purchase Order v Fiscal Year 2018 Page: 1 of: 1 ~r~r~r~l1APP~I~QN-ALL--_= B City of Ashland ~~~~l~EfI~PCI~~C~fl~~tiM~T~=== L ATTN: Accounts Payable Purchase Q L 20 E. Main Order# 823 Ashland, OR 97520 T Phone: 5411552-2010 O Email: payable@ashland.or.us V H C10 Public Works Department E CUTTING EDGE RESTORATION 151 Winburn Way D 804 W 12TH ST P Ashland, OR 97520 O MEDFORD, OR 97501 Phone: 5411488-5347 R ~ Fax:5411488-6006 Vendor-Phcn~-Numbed T ~l~rrs~Qr Fa~@~~~ =7~s~.-- _ ~ - - - _ ~ . _ - - - 541 776-8507 Ka lea Kathol .Dale 0rd~re~ ~ndor (~um~e~= -~`~---~"air~.~s~=_ - - e ~ _ _ _ _ m~ 1~io~-~~ 06126/2017 888 FOB ASHLAND OR/NET30 ~ Cit Accounts Pa able _ ~ _ Item# ~e~~r~` : t~~~.a~t _ = _ _ - _ =-~~.~e~ _ -E~ct~n~~PrC~ee On-call Painting Services 1 Consultant to provide on-call general painting services as needed 1 $4.0000 $4.00 Contract for Goods and Services Less than $25,000 Beginning date: July 1, 2017 Completion date: June 30, 2019 Project Account: Project Account: Project Account: Project Account: GL SUMMARY 082400 - 602400 $1.00 085700 - 704100 $1.00 121200 - 602118 $1.00 125500 - 602118 $1.00 .s ~ Date: F~ .~~~uthorized gnature = - _ = _ - $4.00 CITY OF I FORM #3 ~a ~ SHLAND 1 ~ _ v` ~ REQUISITION Date of request: 6. ~ .1~ Required date for delivery: 6.21.17 Vendor Name Cutting Edge Restoration Address, City, State, Zlp 804 W 12th St, Medford, OR 97601 Contact Name & Telephone Number David Geigle 541.326.6131 Fax Number Heavensdoor7@icloud. com SOURCING METHOD ❑ Exempt from Competitive 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 ❑ Request for Proposal (Copies on file) State of Ore on Less than $5,000 ❑ g ❑ 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 $5000 to $100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposalslwritten solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until; Date - (Attach copy of council communication) Description of SERVICES Total Cost Consultant to provide on-call general painting services as needed Item # Quantity Unit Description of MATERIALS Unit Price Total Cost xxx xxx xxx TOTAL COST ® Per attached quote/proposal Number ~ - , ~ g ~ ccount Number ~ ~ a ~ Account Number e~ ~ a ~ Account Number Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaborafion with department to appro~re all hardware and software purchases: it Director Date Support-Yes / No By signing this requi 'tio orm, l certify that the City's pubii ntracting requirements have been satisfied, i Em to ee: - Department Head: l~ ~ ~ ~ ~ 4 ~ p Y ~ ~ ; (Equal to r g ~ ter than $5,000) _ ~ Department ManagerlSupervisor~~: ~ ~ City Administrator: ~ (Equal tb or greater Phan $25,000) Funds appropriated for current fiscal year, / NO F ~ ~ ~mance Dire~~ (Equal fo argreaferfhan X5,000) Dafe Comments: ~ Form #3 -Requisition