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HomeMy WebLinkAbout2019-118 20190428 AMPS SERVICES AGREEMENT PROVIDER: Ashland Medford Plumbing, Inc. CITY OF PROVIDER'S CONTACT: Jon Janakes ASHLAND 20 East Main Street ADDRESS: PO Box 8494 Ashland,Oregon 97520 Medford, OR 97504 Telephone: 541/488-5587 Fax: 541/488-6006 PHONE: 541-734-3236 This Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Ashland Medford Plumbing Inc., a domestic business corporation("hereinafter"Provider"), for on call plumbing services related to the water distribution division. 1. PROVIDER'S OBLIGATIONS 1.1 Provide on call plumbing services related to the water distribution division 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 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 Ashland Medford Plumbing • 1.3 Provider shall,at its own expense,maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. 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. 1.6 Living Wage Requirements: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined in that chapter,to all employees performing Work under this Agreement and to any Subcontractor who performs 50%or more of the Work under this Agreement. Consultant is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$4,999.99 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$4,999.99 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. Page 2 of 5: Agreement between the City of Ashland and Ashland Medford Plumbing 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. 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, 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. triP 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. Page 3 of 5: Agreement between the City of Ashland and Ashland Medford Plumbing . . 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. 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—Public Works Department Attn: Steve Walker 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5353 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Ashland Medford Plumbing, Inc. Attn:Jon Janakes PO Box 8494 Medford, OR 97504 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; Page 4 of 5: Agreement between the City of Ashland and Ashland Medford Plumbing • it (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: (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: ASHLAND 14EDF RD PLUMBING, INC. (PROVIDER): �/ By: - By: //‘4..) Signature i nature P9144.4 G (04.#44-) akaiets Printed Name Printed Name P w Dt2b-e-rv✓L— Title Title 4e21 4 2 i 9 - ��a- I.1 Date Date is to be submitted with this signed Agreement) Purchase Order No. Page 5 of 5: Agreement between the City of Ashland and Ashland Medford Plumbing SUPPORTING DOCUMENTS From:Joela Oetterer Sent:Thursday, March 21, 2019 3:48 PM To: 'Tami Campos' <tami.campos @ashland.or.us> Cc: Steve Walker<steve.walker@ashland.or.us> Subject: RE: On call plumbing services for Water division Sorry it has been crazy couple weeks. The contract is with the executives. Regular Rates Mon-Fri Sam— 5pm Service Calls for 1 Plumber: $loo an hour- 1 hour min • 1 Plumber and 1 Helper$165 an hour • 1 Plumbing and 1 Apprentice $175 an hour • 2 Plumbers $185 an hour Camera Lines: $250 (ist Hour, $loo hour after) Jetting: $165 an hour(2 man crew) After Hour Rates • $150 an hour(2 hour min) Holiday Weekend Rates: • $200 an hour(2 hour min) Materials not included. • BBB/ 304350 A Humor Reson Mmagemem(ompmy March 25, 2019 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: Employer Liability Limits: Self Insurance Certification #: 1068 Statutory $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Limit 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 X 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:LOST-2 AC RO O® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 03272019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O.BOX 328 (A/C,No, ExI):888-333-4949 FAX Not:507-046-4664 OWATONNA, MN 55060 ADDRESS:CLIENTCONTACTCENTER(a1FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED RESERVE INSURANCE COMPANY 16024 INSURED 358-611-2 INSURER B: ASHLAND MEDFORD PLUMBING INC INSURER C: PO BOX 8494 MEDFORD,OR 97501-0894 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:124 REVISION NUMBER:4 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 ADDL INSR WVD POLICY NUMBER IMMIDDYYYYI (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED $100,000 CLAIMS-MADE © OCCUR PREMISES(Ea ecenrence) MED EXP(Any one person) EXCLUDED A N N 9337481 03/20/2019 03/20/2020 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE UMIT APPUES PER: GENERAL AGGREGATE $2,000,000 I HPOLICY IJECT� LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE OMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED A _ _AUTOS N N 9337481 03/20/2019 03/20/2020 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $2,000,000 A EXCESS LIAB CLAIMS-MADE N N 9337482 03/20/2019 03/20/2020 AGGREGATE $2,000,000 DED RETENTION WORKERS COMPENSATION OTH- PER STATUTE AND EMPLOYERS'LIABILITY Y y N ER ANY PROPRIETOR/PARTNER/EXECUTIVE n E.L EACH ACCIDENT OFFiCERIMEMBER EXCLUDED? I I NIA (Mandatory In NH) E.L DISEASE-EA EMPLOYEE II yes,describe under DESCRIPTION OF OPERATIONS below E.L D15EAGE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached If more space Is required) POLICY COVERAGE AS OF 03/26/2019 CERTIFICATE HOLDER CANCELLATION 358-611-2 124 4 CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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 //- 1`/0• Vw' V l RA, O 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD FEDERATED INSURANCEI® 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: 1-888-333-4949 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) FEDERATED INSURANCE1® 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: 1-888-333-4949 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) Purchase Order CITY' RE :ki 'tw CIA ��' Fiscal Year 2019 Page: 1 of: 1 B City of Ashland _ - . gVME I ATTN: Accounts Payable Purchase L 20 E. Main Order# 20190428 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable @ashland.or.us V H 0/0 Water Division E AMPS, ASHLAND MEDFORD PLUMBING I 90 North Mountaiin Ave N P 0 BOX 8494 p Ashland, OR 97520 O MEDFORD, OR 97504 Phone: 541/488-5353 T Fax: 541/552-2329 0 a3_jzL= >o- 5.anal=] c4=1n ei`11aJ€=Eiile-1 si='= - Steve Walker _ 5 - fit=a-1€I- 1=3 #° aio=. 04/05/2019 372 __ FOB ASHLAND OR/NET30 Cif Accounts Payable On-call Plumbing Services 1 On-call miscellaneous plumbing services as requested by the 1 $4,999.9900 $4,999.99 Water Department Services Agreement Completion date: 06/30/2019 Project Account: *************** GL SUMMARY *************** 081800 -602400 $4,999.99 { By: Date: 1 S Authorized Signature __ $4,999.99 • w £' '7 C 2 FORM #3 v g/h_ar g..e�z. a'c.t.....x.r ,_s?Le CITY OF h G'e`<hI9;•-,2 k '8 l=Yr!"lh'vISe ei dr_:!. (e GfrA"'``°i7 ASHLAND f i, /• REQU0S���®N � i(r G l c ) Date of request: 04/03/2019 Vendor Name �' Ashland Medford Plumbing, Inc. • Address,City,State,Zip PO Box 8494 Medford, OR 97504 Contact Name Jon Janakes Telephone Number 541-734-3236 Email address 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) 0 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 ❑Written quote or proposal attached Form Intergovernmental Agreement Greater than$5,000 and less than$75,000 ❑ Farm#4, Personal Services>$5K&<$75K Agency ❑Direct appointment not to exceed$35,000 ❑Annual cost to City.does not exceed$25,000. ❑ Special Procurement Agreement approved by Legal and approved/signed.b ❑(3)Written proposals/written solicitation 9 PP Y 9 by ❑ Form#9,Request for Approval ❑Form#4,Personal Services>$5K&<$75K City Administrator.AMC 2.50.070(4) ❑ Written quote or proposal attached • Annual cost City exceeds$25,000,Council • Date approved by Council: 1 111 t t Y Valid until: (Date) I approval required.(Attach copy of council communication) Description of SERVICES Total Cost • Provide misc plumbing services as requested by City of Ashland $ 4,999.99 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost I 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 081800 - 602400 $ 4 9 9 9 9 9 Project Number •— — _ Account Number - $ , , . Project Number — — — Account Number - $—,— — _, . IT Director in collaboration with department to approve all hardware and software purchases: By signing this requisition form,/certify that the Cilys public contracting requirements have been satisfied. IT Director Date Support-Yes/No Employee: Department Head: �afate4�- 3/P'/'2 Za t1 C/_ (Equal to or greater than$5,000) Department Manager/Supervisor: ,/�,/�c��✓/���City Administrator: • ‘-/—:.7-1 7 (Equal to or great r th n$25,000) Funds appropriated for current fiscal year: / NO c di Li Mr .nce Direct° I to or greater than$5,000) D to Comments: •