HomeMy WebLinkAbout2019-219 20200043 S&S Sheetmetal S
GOODS & SERVICES AGREEMENT
PROVIDER: S&S Sheetmetal, Inc.
CITY OF PROVIDER'S Mike Shipley
�S H LAND CONTACT:
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 912 Antelope Road
Telephone: 541/488-5587 White City, OR 97503
Fax: 541/488-6006
PHONE: 541-210-2946
This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and S&S Sheetmetal, Inc., a domestic business
corporation("hereinafter"Provider"), for Municipal Court HVAC replacement.
1. PROVIDER'S OBLIGATIONS
1.1 Provide Municipal Court HVAC replacement 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 S&S Sheetmetal,Inc.
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$12,813 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$12,813 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 S&S Sheetmetal,Inc.
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 Proposal dated July 1, 2019.
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 S&S Sheetmetal,Inc.
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
Attn: Wes Hoadley
90 North Mountain Avenue
Ashland, Oregon 97520
Phone: (541) 552-2355
With a copy to:
City of Ashland—Legal Department
20 E. Main Street
Ashland, OR 97520
Phone: (541) 488-5350
If to Provider:
S&S Sheetmetal, Inc.
Attn: Mike Shipley
912 Antelope Road
White City, OR 97503
541-210-2946
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.
Page 4 of 5: Agreement between the City of Ashland and S&S Sheetmetal,Inc.
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: S&S Sheetme 1, Inc. 'R I ):
By: By:
Signature Signature
Pe- .i...J /A l Ike off( P Le--`(
Printed Name Printed Name
A V D r 11-15 e i D i 2_ V I c ?p S l Ye-N-1
Title Title
gJccLY zo, 9 1" 3- i9
Date Date
(W-9 is to be submitted with this signed Agreement)
Purchase Order No. 4"
Page 5 of 5: Agreement between the City of Ashland and S&S Sheetmetal,Inc.
MPROM1
off' `rc�`� S & S HEATING
SI M I•� 0420.4
,ANC,
IVOlf DBA,Oregon SAS Sheetmetal, Inc.
CELLE �
TO: CITY OF ASHLAND
ATTN: WES HOADLEY
RE: MUNI COURT HVAC REPLACEMENT
EMAIL: wes.hoadlev@ashland.or.us
DATE: 7-1-19
REPLACE EXISTING 7.5 TON TRANE SPLIT SYSTEM COMPLETE WITH NEW REFRIGERANT PIPING,
NEW COLORED METAL PIPING COVER, DUCT MODIFICATIONS, NEW WI-FI T-STAT WITH SENSOR,
CLEANING OF OUTSIDE AIR AND INTAKE LOUVERS, LOW VOLTAGE WIRING, HIGH VOLTAGE WIRING BY
LICENSED ELECTRICIAN, PERMIT, PROPER REMOVAL OF EXISTING, START-UP AND SYSTEM TRAINING.
$12,813.00
*CONDENSING UNIT FENCE TO BE REMOVED TEMPORARILY
*ALLOW 6-7 WEEKS FOR DELIVERY, CAN HAVE EQUIPMENT BY 7-12 IF ORDERED TODAY
ACCEPTED BY: DATE:
MIKE SHIPLEY,VICE PRESIDENT
S&S SHEETMETAL, INC.
®
AC . DATE(MMIDD/YYYY)
L,..../--' CERTIFICATE OF LIABILITY INSURANCE 03/21/2019
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 POUCIES 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 PHONE FAX
HOME OFFICE: P.O. BOX 328 (A/C,No,Ext):888-333-4949 (A/C,No):507-446-4664
OWATONNA, MN 55060 ADDRESS:CLIENTCONTACTCENTER AFEDINS.COM
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935
INSURED 343-547-6 INSURER B:
S &S SHEETMETAL INC INSURER C:
912 ANTELOPE RD
WHITE CITY,OR 97503-1607 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:245 REVISION NUMBER:0
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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS
LTR INSR WVD (MMIDDIYYYY) IMMIDDIYYYY)
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 TO RENTD
CLAIMS-MADE X OCCUR PREMISES Ea occuErrence) $100,000
MED EXP(My one person) EXCLUDED
A N N 9910853 04/24/2019 04/24/2020 PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000
X JECT
OTHER:
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
X ANY AUTO BODILY INJURY(Per person)
OWNED AUTOS ONLY
SCHEDULED
A _AUTOS N N 9910853 04/24/2019 04/24/2020 BODILY INJURY(Per accident)
NON-OWNED PROPERTY DAMAGE
HIRED AUTOS ONLY AUTOS ONLY (Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $2,000,000
A EXCESS LIAB CLAIMS-MADE N N 9910854 04/24/2019 04/24/2020 AGGREGATE $2,000,000
DED l RETENTION
WORKERS COMPENSATION PER STATUTE ER
AND EMPLOYERS'LIABILITY Y/N -
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? N I A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE
If yes,describe under E.L DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
1
CERTIFICATE HOLDER CANCELLATION 1
343-547-6 245 0
CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
90 N MOUNTAIN AVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ASHLAND,OR 97520-2014 ACCORDANCE WITH THE POLJCY PROVISIONS.
AUTHORIZED REPRESENTATIVE (/` )4,‘,‘
0 1988-2015 ACORD CORPORATION.All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
r
Wes Hoadley
From: David Arnold
Sent: Monday, July 01, 2019 2:36 PM
To: Wes Hoadley
Subject: Fwd: heat pump replacement
Sent from my Verizon,Samsung Galaxy smartphone
Original message
From: Carl at National Heat and Air<carl @nationalheatandair.com>
Date: 7/1/19 2:14 PM (GMT-08:00)
To: David Arnold <david.arnold @ashland.or.us>
Subject: heat pump replacement
Hi Dave,
I'm sorry that this is not in proposal form, but there was simply not enough time.To replace the 7 1/2-ton heat pump
indoor&outdoor units&economizer and include the items on your email will be $15,497.00.The existing indoor unit is
a single phase unit and my single phase equipment is a factory item with a minimum 5 week lead time and does not
have heat strip capability. I can get a 3-phase indoor unit with strip heat, however that new unit would have to be
rewired from the breaker panel in 3-phase wiring, which is not included in my price (maybe your electric dept can wire it
for you).The 3-phase indoor unit is also factory item with a 2 -3 week lead time.
Thank you,
Carl Ost, President
National Heating&Air Conditioning, Inc
PO Box 379
Talent, OR 97540
541-535-4687
NATIONAL HEAn I c
* AtR CONOiT0NINfi NC
1
I
Wes Hoadley
From: David Arnold
Sent: Monday, July 01, 2019 11:51 AM
To: 'gary.g.hodson @jci.com'; 'Mike Shipley'; 'rick @nationalheatandair.com'
Cc: Wes Hoadley
Subject: JC/HVAC/RR/Target Date/Proposal/Request
Hello Everyone,
Due to the important business conducted in the Ashland Court Room,The City of Ashland has assigned a target date for
the project involving the complete removal and replacement of the following:
1) 7 %2 Ton Heat Pump
2) Air Handler Unit
3) Refrigerant Piping
4) Colored Metal Piping Cover
5) WIFI Thermostat w/Remote Sensor
6) Cleaning of Outside Air Intake Louvers
7) Hi & Low Voltage Wire Installed by Licensed Electrician
8) Applicable Permits
9) Removal of Original Equipment
10) Start Up and System Training
• The Project Target Date is 18 July 2019
We apologize for the urgency and appreciate your understanding,
Dave
1
prAll
Purchase Order
,at Fiscal Year 2020 Page: 1 of: 1
B City of Ashland
ATTN: Accounts Payable Purchase
L
Ashland, OR 97520 Order# 20200043
T Phone: 541/552-2010
0 Email: payable @ashland.or.us
V C/O Facilities Maintenance Div
E S & S SHEETMETAL, INC H 90 North Mountain Ave
N 912 ANTELOP ROAD p Ashland, OR 97520
WHITE CITY, OR 97503 Phone: 541/488-5358
R T Fax: 541/552-2304
Wes Hoadle
07/11/2019 390 FOB ASHLAND OR Ci Accounts Pa able
HVAC System Municipal Court
1 Municipal Court HVAC Replacement 1 $12,813.0000 $12,813.00
Goods &Services Agreement
Completion date: 06/30/2019 (Contract signed July 8, 2019)
Project Account:
GL SUMMARY
082400 -602400 $12,813.00
By Date: 7` 12 f(
Authorized Signature $12,813.00
FORM'#3 CITY OF
y ASHLAND
faa{'Ua a Purchase Order
REQUISITION "
ii, ..,p Z ' �' teofrequest: 7/1/2019
Required date for delivery:
ry:
Vendor Name S&S Sheetmetal,Inc.
Address,City,State,Zip - 912 Antelope Road,White City,OR 97503
Contact Name&Telephone Number Email address Mike Shipley 541-210-2946 mike @sandsheatinq.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
Date approved by Council: Contract#
_(Attach copy of council communication) ❑ Other government agency contract
Intermediate Procurement ❑ Sole Source Agency _
GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Contract#
Greater than$5,000 and less than$100,000 ❑ Written quote or proposal attached Intergovernmental Agreement
❑ (3)Written quotes and solicitation attached ❑ Form#4,Personal Services>$5K&<$75K Agency
PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed$25,000.
Greater than$5,000 and less than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by
❑ Direct appointment not to exceed$35,000 ❑ Written quote or proposal attached City Administrator.AMC 2.50.070(4)
❑ (3)Written proposals/written solicitation Date approved by Council: ❑ Annual cost to City exceeds$25,000,Council
❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication)
Description of SERVICES Total Cost
Municipal Court HVAC Replacement $ 12,813.00
Item# Quantity Unit Description of MATERIALS Unit Price Total Cost
❑ Per attached quotelproposal TOTAL COST
$
Project Number _ _ _ Account Number 082400-602400
Account Number - Account Number -
*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:
IT Director Date Support-Yes/No
By signing this requisiti n for I certify that the City's public contracting requirements have been satisfied.
Employee: ! ,
Department Head: 71,914--/e/lar---(Equal to or greater than$5,000)
Department ManagerlS e isor: City Administrator:
(Equal to or greater than$25,000)
Funds appropriated for current fiscal year: YE / NO c -ft v!b 7 101/ q
1, Finance Director-(Equal to or greater than$5,000) Date
si�e p�y
Comments:
Form#3-Requisition