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HomeMy WebLinkAbout2019-102 20190366 Dominion Mechanical LLC GOODS& SERVICES AGREEMENT PROVIDER: Dominion Mechanical CITY OF PROVIDER'S Dominic Crenshaw H LAND CONTACT: 20 East Main Street Ashland,Oregon 97520 ADDRESS: 2125 Spring Street, Medford, OR 97504 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-227-4143 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Dominion Mechanical, a domestic business corporation("hereinafter"Provider"), for plumbing services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide plumbing services as needed for FY19 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 61 liability insurance with a combined single limit, or the equivalent, of not less than $2 ( million dollars)per occurrence for Bodily Injury and Property Damage. *1],000 1 0 Mei 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 excep t 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 Dominion Mechanical Business Registry Business Name Search Page 1 of 2 Business Registry Business Name Search New Search Business Entity 11:13 Data 02-0 11:13 Entity Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 1014580-99 DLLC ACT OREGON 04-22-2014 04-22-2019 Entity Name DOMINION MECHANICAL LLC Foreign Name New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS _ Addr 1 3070 PINEVIEW CT Addr 2 CSZ MEDFORD 1OR 197504 I ICountryIUNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type AGl REGISTERED AGENT Start Date 05-03- Resign Date 2018 Name DOMINIC j 'CRENSHAW 1 I Addr 1 3070 PINEVIEW CT Addr 2 CSZ MEDFORD JOR 197504 1 CountryJUNITED STATES OF AMERICA Type MAL(MAILING ADDRESS I Addr 1 3070 PINEVIEW CT Addr 2 CSZ MEDFORD JOR 197504 j ICountryjUNITED STATES OF AMERICA Type MEMIMEMBER j I Resign Date Name DOMINIC 1 'CRENSHAW 1 I Addr 1 3070 PINEVIEW CT Addr 2 CSZ MEDFORD IOR 197504 I ICountrylUNITED STATES OF AMERICA New Search Name History Business Entity Name Name ape S Name tatus Start Date End Date http://egov.sos.state.or.us/br/pkg_web_name srch_inq.show_detl?p_be_rsn=1695254&p_sr... 2/7/2019 • • 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.110. 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$4,000 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$4,000 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 279B.220,279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Dominion Mechanical • 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court g t1' jurisdiction court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated December 20, 2018. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2019, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Dominion Mechanical 1 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen(14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Dominion Mechanical Attn: Dominic Crenshaw 2125 Spring Street,Medford, OR 97504 541-227-4143 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply 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. 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: Page 4 of 5: Agreement between the City of Ashland and Dominion Mechanical (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. CITY OF ASHLAND: Dominion Mechanical(P OVIDER): By: if Waike,---Q1 By: - - Signature Signature mAi A . (,t,(1.1, 0 �tNSH- Printed Name Printed Name �+ WlcKl5 '777i bt )Nrc(L— Title Title b4 l4 / Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. � ( I 6 6 Page 5 of 5: Agreement between the City of Ashland and Dominion Mechanical Dominion 4S Mechanical Plumbing - Hydronics CCB#202782 December 20, 2018 Dominion Mechanical specializes in design, alteration, construction of plumbing, gas and hydronic heating and cooling systems. We do not service, snake or repair broken fixtures or plumbing lines, however we do new construction, alter existing plumbing systems, add to, remove and replace fixtures, water heaters and appurtenance. -Our hours of operation is 8am-5pm Monday thru Friday with any hours greater than 8 are subject to over time hours at a rate of 150% working hourly rate of $115.00 per journeyman plumber and $40.00 per laborer. Labor rate is port to port with the cost of fuel incorporated. -We prefer to bid work however we understand the need for time and materials. Installation of plumber provided materials and fixtures due to warranty and availability of products allows the us the ability to provide superior products and services. Thank you for the opportunity. Dominic Crenshaw, Owner ti Dominion ee)Mechanical Plumbing - Hydronics DOMINIC CRENSHAW Dominion Modionicol lIC 000202782 PB1453 Dominion 4S Mechanical Plumbing - Hydronics To whom this may concern: Due to the limited risk of the Fire Station 1 shower drain removal and replacement as well as adding a drain and trap primer for catchment pan please allow for insurance liability to be 1,000,000 per occurrence for this job. Thank you. 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NOTICE Mit SE DELIVERED IN Umid Mad • AO011ar ,.'•YRIBINE MUGS,PROMIONO. 011y40004204PutllsWaks Dap s rblient — A ,....7:11 4EAliorfir 20 EF,Wa E4 ke. • / .% 1414-0-1,eV 408* 4_,.. • • 0101104014 ACD ri 1.`PRATION+MI fights itEstPitit mom NIZO14ilili Ihte MORO Maid @rni MO Eta tardStsfad Am&P11.WORO , 2 1 CERTIFICATION OF EXEMPTION FROM WORKERS'COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason.Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR (Initials) • Contractor is a sole proprietor,and • Contractor has no employees,and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION—FOR PROFIT (Initials) • Contractor's business is incorporated;and • All employees of the corporation are officers and directors and have a substantial ownership interest*in the corporation,and • All work will be performed by the officers and directors;Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION-NONPROFIT (Initials) • Contractor's business is incorporated as a nonprofit corporation,and • Contractor has no employees;all work is performed by volunteers,and • Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP (Initials) • Contractor is a partnership,and • Contractor has no employees,and • All work will be performed by the partners;Contractor will not hire employees or subcontractors to perform this contract,and • Contractor is not engaged in work performed in direct connection with the construction,alteration,repair, improvement,moving or demolition of an improvement to real property or appurtenances thereto.** IMITED LIABILITY COMPANY ni ls) • Contractor is a limited liability company,and • Contractor has no employees,and • All work will be performed by the members;Contractor will not hire employees or subcontractors to perform this contract,and • If Contractor has more than one member;Contractor is not engaged in work performed in direct connection with the construction,alteration,repair,improvement,moving or demolition of an improvement to real property or app -nan es thereto.** 2. 9 .igma'rme of Au horized Signer) ( (Date) owN�12-- (Signer'sTitle *NOTE: Under OAR436-50-050 a shareholder has a"substantial ownership"interest if the shareholder owns 10%of the corporation,or if less than 10%is owned,the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of-all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. Tami Campos From: Dominion Mechanical <dominionmech @yahoo.com> Sent: Friday, February 08, 2019 8:18 AM To: Tami Campos Subject: insurance!contract Attachments: AFS1.insur.2.2019.pdf The A next to the commercial GL shows that you guys are additional insured. Here is my signed contract and a waiver for workers comp due to no employees. 1 CERTIFICATION OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE REQUIREMENTS Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason. Contractor is to initial the appropriate box as follows: SOLE PROPRIETOR • Contractor is a sole proprietor,and • Contractor has no employees,and • Contractor will not hire employees or subcontractors to perform this contract. CORPORATION—FOR PROFIT • Contractor's business is incorporated;and • All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation,and • All work will be performed by the officers and directors;Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT (initials) • Contractor's business is incorporated as a nonprofit corporation,and • Contractor has no employees;all work is performed by volunteers,and • Contractor will not hire employees or subcontractors to perform this contract. PARTNERSHIP • Contractor is a partnership,and • Contractor has no employees,and • All work will be performed by the partners;Contractor will not hire employees or subcontractors to perform this contract,and • Contractor is not engaged in work performed in direct connection with the construction,alteration,repair, improvement,moving or demolition of an improvement to real property or appurtenances thereto.** IMITED LIABILITY COMPANY (l;}rti,)ls;. • Contractor is a limited liability company,and • Contractor has no employees,and • All work will be performed by the members;Contractor will not hire employees or subcontractors to perform this contract, and • If Contractor has more than one member,Contractor is not engaged in work perfonned in direct connection with the construction,alteration,repair, improvement,moving or demolition of an improvement to real property or appu -nan es thereto.** - z 1 Signature of Au horized Signer) ( (Date) 01-01Q eV---- (Signer'sTitle *NOTE: Under OAR436-50-050 a shareholder has a"substantial ownership" interest if the shareholder owns 10%of the corporation,or if less than 10%is owned,the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. Purchase Order • Mi ,ar Fiscal Year 2019 Page: 1 of: 1 - : kt _ . B City of Ashland 1J MA 1-.L11_.1 I ATTN: Accounts Payable Purchase 20 E.L Ashland, OR 97520 Order# 20190366 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H C/O Facilities Maintenance Div E DOMINION MECHANICAL LLC I 90 North Mountain Ave N 3070 PINEVIEW CT p Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/488-5358 O T Fax: 541/552-2304 R O '2=l6tatal eglalgt=NE.®g:eI=1- _ 7Z:11=- -:--:=lap1`Fnii=lga'.a1W=1=I—H - David Arnold .. i�- 02/27/2019 4421 FOB ASHAND OR/NET30 Cit Accounts Pa able -Tam l,lr=a- lUlr, MrAII11 On-call Plumbing Services 1 Plumbing services, on-call, as needed. 1 $4,000.0000 $4,000.00 Goods & Services Agreement Completion date; 06/30/2019 Project Account: *********«*«***GL SUMMARY*** * **** **** 082400-602400 $4,000.00 • By: w Date: 3 t 0 A orizedgnature !O°Totaf. $4,000.00 FORM #3 -` _��;,� , �� CITY OF rc-'4'iT. --',07„ A e;4t A request for a Purchase Order c° ASHLAND REQUISITION Date of request: 02/13/2019 Vendor Name Dominion Mechancial Address,City,State,Zip 3070 Pineview Ct. Medford, OR 97504 Contact Name Dominic Crenshaw Telephone Number 541-227-4143 Email address dominionmechAyahoo.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) ❑ State of Washington Intermediate Procurement Date approved by Council: Contract# GOODS&SERVICES (Attach copy of council communication) ❑ Other government agency contract Greater than$5,000 and less than$100,000 ❑ Sole Source Agency ❑ (3)Written quotes and solicitation attached ❑Applicable Form(#5,6,7 or 8) Contract# PERSONAL SERVICES Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Form quote Personal s proposal Services>h 5d Form ❑ Form#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 ❑Annual cost to City does not exceed$25,000. ❑ Special Procurement 0(3)Written proposals/written solicitation Agreement approved by Legal and approved/signed by ❑Form#4,Personal Services>$5K&<$75K ❑ Form#9, Request for Approval City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost Plumbing services,on call,as needed. $ 4,000.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost © Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Project Number -— — — Account Number 082400 - 602400 $ 4000 Project Number - - — Account Number - $ , ,— — — — — Project Number -— — — Account Number IT Director in collaboration with department to approve all hardware and software purchases: By signing this requi '' n> ,I Yy that the_a y's public contracting requirements have been satisfied. IT Director Date Support Yes/No — r - C v7 Employee: Department Head: ,— r ' r► (Eq V.reatert :n$ 000) Department Manager/Supervisor: City Administrator: ' — j ■ z IS 1 (Equal to or , er than$ 5,000) Funds appropriated for current fiscal year:K--)---E—S--)NO nce Dry #r-(Equal to orgreaterthan$5,000) Date Comments: 1