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HomeMy WebLinkAbout2019-045 20190304 Amps, Ashland Medford Plumbing GOODS & SERVICES AGREEMENT PROVIDER: AMPS CITY OF PROVIDER'S Jon Janakes ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 8494, Medford OR 97501 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-734-3236 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and and AMPS, a domestic business corporation ("hereinafter "Provider"), for installation of washing machine. 1. PROVIDER'S OBLIGATIONS 1.1 Provide installation of washing machine at Fire Station 2 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and AMPS i 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.1 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $685 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $685 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. Page 2 of 5: Agreement between the City of Ashland and AMPS 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions. or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITYOF ASHLAND: AMPS (PROVIDER): By: By . c- Signature Signature ~~7 Printed Name Printed Name Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. ' O Page 5 of 5: Agreement between the City of Ashland and AMPS AMPS Ashland Medford Plumbing, Inc. 10/15/2018 PO Box 8494 Medford, OR 97501 Phone 541-488-1751 or 541-734-3236 Fax 541-732-0092 Contract Estimate # 0711 City of Ashland 20 E. Main St. Ashland, OR 97520 ESTIMATOR WMH PROJECT: COA007 Fire Station #2, Ashland Scope of Work Desciption Connect existing washing machine to water and waste. Material & Labor 685.00 Excludes: Electrical and controls, permits and fees 0.00 i Tota 1: $685.00 All materials are guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon va-itten orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire. tornado, flood and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. A late payment service charge of 2% per month will be charged on accounts 30 days past due from date of billing. The service charge is an annual percentage rate of 24%. Minimum service charge is $100.00, plus the reasonable cost of collection, including but not limited to attorney and legal fees. I agree that my liability for the charges is not waived and I agree to be held personally liable for such charges. NOTE: This proposal may be withdrawn by us if not accepted within 15 days. Acceptance of Contract Estimate - The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments to collected immediately upon completion of work - unless prior written arrangements have been made. Signature of Acceptance: Date: ACORO® DATE (M=D/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09012016 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((es) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In lieu of such antlarsement s . PRODUCER GGM ACT CLIENT CONTACT CENT FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 n/cNNo Ezt :888-3334949 FNC Hof: 507-446-0664 OWATONNA, MN 55060 EA-. MAIL INSURERS AFFORDING COVERAGE NAIC9 INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 358-611-2 INSURER B: ASHLAND MEDFORD PLUMBING INC INSURER C: PO BOX 11494 MEDFORD, OR 97501-0894 INSURER o: INSURER E: NSURER F: COVERAGES CERTIFICATE NUMBER: 124 REVISION NUMBER:2 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 DL SUBR POLICY NUMBER POLICY EFF POLICYE%P LIMITS L I S (MMIDDIYYYYI (MMIDDIYYYY) X COMMERCIALGENERM-UABa1TY EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑ OCCUR PrASEBO aE D ea$100,000 MED EXP(Anyone parson) EXCLUDED A N N 9337481 03/20/2018 03/20/2019 PERSONAL &ADV INJURY $1,000,000 GEN'L AGORGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 T ❑LOC PRODUCTS - COMPIOP AGO $2,000,000 X POLICY ~JECO OTHER: : AUTOMOBILE LIABILITY COMEsee B den INEDSINOLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) A OPINED AUTOS ONLY AUTOSULED N N . 9337481 03/20/2018 03/2012019 BODILY INJURY (Perocdden) HIRED AUTOS ONLY H NON-OWNED PROPERTY DAMAGE AUTOS ONLY Par ecclden X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $2,000,000 li A EXCESS LIAR CWMS-MADE N N 9337482 03/20/2018 03/2012019 AGGREGATE $2,000,000 LIED RETENTION WORKERS COMPENSATION DEN AND EMPLOYERS' LIABILITY PER STATUTE ER Y/N ANY PROPRIETOR/PARTNERIE%ECUTIVE E.L EACH ACCIDENT OFBCERIMEMBER EXCLUDED] ❑NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE If yes, describe Under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be etprhed It mare space Is required) CERTIFICATE HOLDER CANCELLATION 358-611-2 1242 CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ASHLAND, OR 97520-1814 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1988-20119 ACCORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD I J~EDER~ITED INSURANCE7° Dear Policyholder, Thank you for choosing Federated Insurance to handle your insurance and risk management needs. The attached certificate document(s) have been issued or updated. Please feel free to contact us with any additional changes, additions or deletions that may be needed by contacting the Federated Client Contact Center at: Phone: 1-8 88-3 33-4949 Fax: 507-446-4664 E-mail: clientcontactcenter@fedins.com Thank you for your business! Client Contact Center Enclosed: Certificate Document(s) MISC-0829 (04-13) 304350 . AHumm Pesemn Mooo3emeol (nmpmry August 02, 2018 ASHLAND MEDFORD PLUMBING INC 5555 N MEDFORD INDUSTRIAL RD CENTRAL POINT, OR 97502-9400 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. Additional information is as follows: State: Oregon Workers' Compensation Limits: Emoloyer Liability Limits: Self Insurance Certification 1068 Statutory $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Umit by Client $5,000,000.00 Disease; Each Employee Other Comments (place an "X" if applicable): ~X Named "Letter Holder": City of Ashland 20 East Main St Ashland, OR 97520 MX Other. RE: All Operations. Contract effective 9/17/12, renewed through 9/30/19. Subject to 30 days' notice of cancellation. Additionally, BBSI's self-insured program is further supported by an excess workers' compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: MEDFORD (541) 772-5469 3512 Excel Drive Suite 107 Very truly yours, Medford, OR 97504 Michael L. Elich President and Chief Executive Officer doe: iosi-2 ILA Purchase Order Fiscal Year 2019 Page: 1 of: 1 ~H1S PQ NUMBER MUST-APPEAR QN ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS_ ATTN: Accounts Payable Purchase L 20 E. Main 20190304 Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Fire and Rescue Department E AMPS, ASHLAND MEDFORD PLUMBING 1 455 Siskiyou Blvd N P O BOX 8494 P Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/482-2770 O T Fax: 541/488-5318 R O - - - o~ requisition Nurnbe~ _ David Arnold ; epa m_ 01 a r 12/10/2018 372 FOB ASHLAND OR/NET30 Cit Accounts Payable - _ _ nifpr ce -Extende - Install washing machine Fire 1 Install washing machine at Fire Station 2 1 $685.0000 $685.00 Goods & Services Agreement Completion date: 06/30/2019 Project Account: GL SUMMARY 071200 - 602220 $685.00 By: Date. 1 j Authofiized Sig re ! PQ Totai $685.00 aF - F®#3 CITY OF ASHLAND REQUISITION Date of request: Required date for delivery: E Vendor Name AMPS Address, City, State, Zip PO Box 8494, Medford, OR 97501 Contact Name & Telephone Number Jon Janakes 541-734-3236 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization Date approved by Council: ❑ Written quote or proposal attached ❑ AMC 2.50 ❑ Written uota or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon M Direct Award Date approved by Council: Contract# ❑ VerbaYWritten quote(s) or proposal(s) ❑ State of Washington Contract # Intermediate Procurement ❑ Sole Source ❑ Other government agency contract GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) Agency $5,000 to $100.000 ❑ Written quote or proposal attached Contract # ❑ (3) Written quotes and solicitation E] Form #4, Personal Services $5K to $75K Intergovernmental Agreement attached - ❑ Agency PERSONAL SERVICES ❑ Special Procurement Date original contract approved by Council: $5.000 to $75.000 E] Form #9, Request for Approval (Date) ❑ Less than $35,000, by direct ❑ Written quote or proposal attached appointment Date approved by Council: , (3) Written proposals/written solicitation ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) Description of SERVICES Total Cost Install washing machine at Fire Station 2 $ 685.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL.COST ® Per attached quote/proposal ✓ r~~fj $ Project Number _ _ _ _ _ _ - _ _ _ Account Number 071200-602200 `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: Dr ctorP, Date Support-Yes/No By signing this requisition form, 1 cert' t the City's public contracting require eh ai e been satisfied. Employee Signature: Department Head Signature: (Equalto(or greater than $5,000) City Administrator: (E u to or reater than $25,000) Funds appropriated for current fiscal year. y / NO I t t v Fin~rr a Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition