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HomeMy WebLinkAbout2019-261 20200193 Noel Lesley Event Services GOODS & SERVICES AGREEMENT E PROVIDER: Noel Lesley Event Services, Inc. pSiit `Y o PROVIDER'S CONTACT: John Lochner ADDRESS: 306 South C Street City of Ashland Parks and Recreation Phoenix, Oregon 97535 k 340 S. Pioneer Street Ashland, Oregon 97520 Telephone: 5411488-5340 PHONE: (541) 482-1982 Fax: 541/488-5314 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Noel Lesley Event Services, Inc., a domestic business corporation ("hereinafter "Provider"), for the Ashland Rotary Centennial Ice Rink tent structure set up, k tent structure removal, and tent structure storage for the Fiscal Year 2019-2020 and Fiscal Year 2020-2021 seasons. 1. PROVIDER'S OBLIGATIONS 1-1 Provide all labor, materials, tools, and equipment to set up and subsequently remove and store a tent structure suitable for not less than five (5) months of outdoor use to cover the City's seasonal ice rink as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated t herein. Provider expressly acknowledges that time is of the essence of any completion dates 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 z 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: t • 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 t 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; Page 1 of 6: Agreement between the City of Ashland and Noel Lesley Event Services, Inc. t 1 i y t . I B it k • 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; a • 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. 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. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to commencing any Work under this Agreement. la 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. ii 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 x 2.1 City shall pay Provider the sum of $19,622.00 (nineteen thousand six hundred and twenty-two dollars) for the Fiscal Year 2019-2020 season and $20,892.00 (twenty thousand eight hundred and ninety-two dollars) for the Fiscal Year 2020-2021 season as provided herein as full compensation for all Work as specified in the SUPPORTING DOCUMENTS. a. 2- In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $40,514.00 (forty thousand five hundred and fourteen dollar) without the 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 trust 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. B Page 2 of 6. Agreement between the City of Ashland and Noel Lesley Event Services, Inc. 3 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. 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 render .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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Provider shall transfer all warranties to the City. Page 3 of 6: Agreement between the City of Ashland and Noel Lesley Event Services, Inc. i j i a 3.14 Living Wage Requirements: If the amount of this Agreement is $21,507.75 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; d ' 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 City's written Invitation to Bid released on August 12, 2019. • The Provider's complete written Quote to the Ashland Parks & Recreation Commission, Job #510751, dated July 30, 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 A 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 TERDIINATION 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, 2021, 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. Page 4 of 6: Agreement between the City of Ashland and Noel Lesley Event Services, Inc. 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 -Ashland Parks and Rec\ eation'Commission Attn: Rachel Dials 20 E. Main Street Ashland, Oregon 97520 Phone: (541) 552-2260 With a copy to: City of Ashland-Legal Department 20 E. Main Street Ashland, Oregon 97520. Phone: (541) 488-5350 If to Provider: Noel Lesley Event Services Attn: John Lochner 306 South C Street Phoenix, OR 97535 Phone: (541) 482-1982 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- (1) 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 apolitical subdivision of the State of Oregon applicable to Provider, and Page 5 of 6: Agreement between the City ofAshland and Noel Lesley Event Services, Inc. (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 (CITY): NOEL ;LEY EVENT SERVICES (PROVIDER): By: By: ~0~ City A Admi ator Si ature Printed Names rinted Name Date Title ate Purchase Order No. (W-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Assistant City Attorney T' ,r Date i I Page 6 of 6: Agreement between the City of Ashland and Noel Lesley Event Services, Inc. EXHIBITT "A" PACE 1 OF I . . ,CITY OF City of Ashland LIVING WAGE per hour, effective June 30, 2019. I ow VU I The Living Wage is adjusted annually every June 30 by the Consumer Price Index. portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by ➢ For all hours worked under a assistance for the project or the employee. service contract between their business from the City of employer and the City of Ashland in excess of ➢ Note; For temporary and Ashland if the contract $21,507.75. part-time employees, the exceeds $21,507.75 or more. Living Wage does not apply If their employer is the City of to the first 1040 hours worked ➢ For all hours worked in a Ashland, including the Parks in any calendar year. For month if the employee spends and Recreation Department. more details, please see 50% or more of the Ashland Municipal Code employee's time in that month ➢ In calculating the living wage, Section 3.12.020, working on a project or employers may add the value of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Nail, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.orms. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND NOEL, ri P.O. Box 360 Phoenix, Oregon 97535 NoelLesley.com Noel Lesley Event Services, Inc. QUOTE Rlrv.Ei P.Q. Box 3b0 306 South C Street O F Phoenix, OR 97535 Phoenix, OR 97535 5. ,h^ Ph: 541-482-1982 Fax: 541-M-9597 510751 Ashland Parks & Recreation Commission Ashland Rotary Centennial lea Rink Order Status: Quote Only 1195 East Main St 85 Windburn Way Ashland, OR, 97520 Ashland.QR 97520 Sales Person: John Lochner Entail: johnl Lnoellesley.com Contact: Rachel Dials Room: Customer#1172095 Phone: (541) 552-2260 On-Site Contact., Rachel Dials Cell: Phone: (541) 552-2260 Terms: 50% lion-Refundable Deposit Email: rachel.dialsCashland.or.us Required Order Date: 07t311r2019 Service Been Service End Event Date: - 10i 812019 - 11,12020 Eiient Natne: APRClce Rink Structure Setup. Stora~e & Remmal FY20 &.21 Terms: This quote is valid for 30 days froth the date alive, to order to schedule your event am ovr calendar and neserve the eyaipmrnt ynu have requested, pt-- siyn and return this qum,- We at- regmir a S{7°'> nott-refundable deposit A Visa, MasterCard, American Lipress or Discover card number is mquined at the time of ardor. The balarre wilt be invoiced and is due at the tic- of the oxen- The cata will be charged if the bulanee is not paid within terms. Ali ereditdebit card payments wilt he charged a 3% processing I; f-- We charge for what -e load- By sighing this quote. you accept full responsibility for all rental equipment from the time it is detivcm&picked-up.. If you are mot onsite at the time of deliveryipwkup. You agree to the ayuipatent quantities+conditiom as .laird in final invoice Any equipment missingtdamaecd at the time of pick,tipidrup off will be billed to the customs. Subsequent changes in site condition may atYcst mar ability to ptvvidc requested equipment at quoted rates. If the signed quote anus deposit air received less than 3 days prix to the neat setup and tent-staking is not possible due to incomplete locates, castoruer will be charged for use of weights. Quantity Description Duration Price Subtotal Dee vc ry/Misc Quantity Description Price Subtotal I Tent Structure Setup, Storage & Removal FY 20 519,62100 $19,622.00 1 Tent Structure Setup, Storage & Removal FY 21 $20,$92.00 520,892.00 Notes_ Product Total: $0.00 All structure components to be provided and delivered to site by APRC. Street Service Charge: $0.00 closures and traffic/pedestrian control to be Provided by APRC. Contractor Damage Waivter: 50.00 storage to only include fabric. Includes minor repairs to fabric. Fabric damaged Labor. SO 00 beyond minor repair to be replaced by APRC. Deliv Misc: 540,314.00 Tax: 50.00 Job Total: $40,514.00 FORM #2 AS H~ O 0 REG INVITATION TO BID - GOODS AND SERVICES INTERMEDIATE PROCUREMENT Release date: my 15, 2019- SECOND release date is August 12, 2019 (due to incomplete bids on the first round) Requested by: Rachel Dials Recreation Superintendent Ashland Parks & Recreation Commission (APRC) 1195 E. Main ST. Ashland OR, 97520 Tel: 541.552.2260 Email: rachel.dials(?ashland.or.us Bids are due BY Friday, August 16, 2019 12:00 Pm PST Project name: Ashland Rotary Centennial Ice Rink tent structure set up, storage and removal for Ashland Parks & Recreation Commission (APRC) FY 20 and FY 21 seasons. TIME LINE • tent structure set up by Oct 14, 2019 • removal of tent structure by March 20, 2020 • tent structure set up by Oct 16, 2020 • removal of tent structure by March 19, 2021 Firm bids may be emailed, mailed or hand delivered to the contact information provided above. Contractors shall submit their bids on company letterhead. Late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for goods and services and provide certificates of insurance in their own name for General Liability ($2M), Automobile ($200K) and Workers' Compensation. Subcontracting will not be permitted. Proof of insurance is required at time of bid submittal. "OR EQUAL:" Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost difference, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. The City shall determine, in its sole discretion, whether a product offered is "equal." When the designation is "or equal" or "equivalent" the City shall make its decision after bid closing. Form #2 Intermediate Procurement, invitation to Bid, Trade Services, Page I of 3, 8/12/2019 SCOPE OF SERVICES Ashland Rotary Centennial Ice Rink tent structure set up, storage and removal for Ashland Parks & Recreation Commission (APRC) FY 20 and FY 21 seasons. Scope: The contractor shall provide labor, materials, tools and equipment to set up a tent structure to cover an 80'w x 120'1 x 29'h seasonal ice rink and be suitable for up to 5 months of outdoor use from Oct. through March annually. Work for set up must be completed no later that Oct. 14, 2019 with structure removal to begin March 1, 2020. The date range for ice rink operation is October 31, 2019- February 28, 2020. The contractor shall furnish labor and equipment (including but not limited to; scissor lift platform and forklift) required to complete the setup of ice rink structure and installation of fabric cover. In addition, contractor provide material for roof fabric and must clean, store, and repair fabric during the off season. APRC will provide all tent structure parts, jersey barriers, will mobilize parts to site and provide storage in the off season. APRC will provide traffic and pedestrian control during set up. In addition, APRC will install wiring and lights during set up. Please see attached photo and tent structure diagram. BILLING: The vendor should have the ability to itemize invoices that are reflective of the original bid. I DEADLINE TO APPLY: Friday, AulZust 16, 2019 12:00 pm PST Please provide an official bid on your companv letterhead and include your costs for the specs provided above. Include in your bid the total cost for materials and labor to complete the project. In addition, please provide: 1. Proof of insurance: General Liability in the amount of $2M (listing the City of Ashland as additional insured); Auto, minimum of $200K; and Workers' Compensation if contractor has assistants (no exceptions). All insurances submitted with official bid. 2. Proof of valid business license. 3. W-9. Questions/Requests for additional information: If you have any questions and/or need additional information, contact Rachel Dials at rachel.dialskashland.or.us or 541-552.2260 as she will be your sole point of contact for this project. Rachel will then provide the questions and answers to each and every bidder. Thank you, Rachel Dials Recreation Superintendent Ashland Parks & Recreation Commission (APRC) All Pricing Must Be Held Firm for 30 Days 2 Method of Award: ORS 279B. 070 Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. 3 FORM #2 ~ 5H t i O RE INVITATION TO BID - GOODS AND SERVICES INTERMEDIATE PROCUREMENT Release date: july 15, 2019- SECOND release date is August 12, 2019 (due to incomplete bids on the first round) Requested by: Rachel Dials Recreation Superintendent Ashland Parks & Recreation Commission (APRC) 1195 E. Main ST. Ashland OR, 97520 Tel: 541.552.2260 Email: rachel.dialsgashland.or.us Bids are due BY Friday, August 16, 201912:00 pm PST Project name: Ashland Rotary Centennial Ice Rink tent structure set up, storage and removal for Ashland Parks & Recreation Commission (APRC) FY 20 and FY 21 seasons. TIME LINE • tent structure set up by Oct 14, 2019 • removal of tent structure by March 20, 2020 • tent structure set up by Oct 16, 2020 • removal of tent structure by March 19, 2021 Firm bids may be emailed, mailed or hand delivered to the contact information provided above. Contractors shall submit their bids on company letterhead. Late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. The successful contractor will be required to enter into a contract with the City for goods and services and provide certificates of insurance in their own name for General Liability ($2M), Automobile ($200K) and Workers' Compensation. Subcontracting will not be permitted. Proof of insurance is required at time of bid submittal. "OR EQUAL:" Any brand name listed in the specifications as "or equal" or "or equivalent" shall establish the minimum requirements for quality, utility, durability, function, purpose, etc. Other product brands may be offered that are equal to or better than the product brand name. Bidder may show cost difference, alternates and options in the space provided in the quote. This clause is not meant to be restrictive, but to set the minimum standard. The City shall determine, in its sole discretion, whether a product offered is "equal." When the designation is "or equal" or "equivalent" the City shall make its decision after bid closing. Form #2 - Intermediate Procurement, Invitation to Bid, Trade Services, Page 1 of 3, 8/12/2019 SCOPE OF SERVICES Ashland Rotary Centennial Ice Rink tent structure set up, storage and removal for Ashland Parks & Recreation Commission (APRC) FY 20 and FY 21 seasons. Scope: The contractor shall provide labor, materials, tools and equipment to set up a tent structure to cover an 80'w x 1201 x 29'h seasonal ice rink and be suitable for up to 5 months of outdoor use from Oct. through March annually. Work for set up must be completed no later that Oct. 14, 2019 with structure removal to begin March 1, 2020. The date range for ice rink operation is October 31, 2019- February 28, 2020. The contractor shall furnish labor and equipment (including but not limited to; scissor lift platform and forklift) required to complete the setup of ice rink structure and installation of fabric cover. In addition, contractor provide material for roof fabric and must clean, store, and repair fabric during the off season. APRC will provide all tent structure parts, jersey barriers, will mobilize parts to site and provide storage in the off season. APRC will provide traffic and pedestrian control during set up. In addition, APRC will install wiring and lights during set up. Please see attached photo and tent structure diagram BILLING: The vendor should have the ability to itemize invoices that are reflective of the original bid. DEADLINE TO APPLY: Friday, Aulzust 16, 2019 12:00 pm PST Please provide an official bid on your company letterhead and include your costs for the specs provided above. Include in your bid the total cost for materials and labor to complete the project. In addition, please provide: 1. Proof of insurance: General Liability in the amount of $2M (listing the City of Ashland as additional insured); Auto, minimum of $200K; and Workers' Compensation if contractor has assistants (no exceptions). All insurances submitted with official bid. 2. Proof of valid business license. 3. W-9. Questions/Requests for additional information: If you have any questions and/or need additional information, contact Rachel Dials at rachel.dialsgashland.or.us or 541-552.2260 as she will be your sole point of contact for this project. Rachel will then provide the questions and answers to each and every bidder. Thank you, Rachel Dials Recreation Superintendent Ashland Parks & Recreation Commission (APRC) All Pricing Must Be Held Firm for 30 Days 2 Method of Award: ORS 279B. 070 Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into accountprice as well as considerations including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. i 3 ASHLAND PARKS & RECREATION COMMISSION 340 5 PIONEER STREET • ASHLAND, OREGON 97520 COMMISSIONERS: t+g N Michael A. Black, AICP Mike Gardiner ~7y Director Joel Heller 541.488.5340 Rick Landt AshlandParksandRec.org Jim Lewis s tcaEp,°r parksinfo@ashiand.or.us Julian Bell MEMORANDUM FROM: Rachel Dials, Recreation Superintendent DATE: August 16, 2019 SUBJECT: Bids for Ashland Rotary Centennial Ice Rink tent structure setup, storage and removal. The bidding process for set-up, tear down and storage of the Ashland Rotary Centennial Ice Rink tent opened on Monday August 12th, 2019 and closed on Friday August 16, 2019 at noon. Two bids were received: 1. Noel Lesley Event Services: FY 20- $19,622 FY 21- $20,892 2. Key Event Services: FY 20- $34,155 FY 21- $36,315 All required documentation was submitted from both companies. APRC will be awarding the bid to Noel Lesley Event Services for the FY19/20 and 20/21 Ice Rink seasons. Key Event Services KEY EVENT SERVICES OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE: 2019 Installation of Ice Rink Cover KEY REP: Annie Chisholm QUANTITY TOTAL Transportation $ 1,500.00 (1) Key supervisor 34 hours $ 2,904.00 (5) Key rental labor 170 hours $ 10,030.00 Lodging / Per Diem $ 1,530.00 Equipment Rentals (forklift etc) $ 1,600.00 $ Install b 10/14/19 $ Quote does not include additional charges for problems that $ may arise at job site during installation $ DUE $ 17,564.00 ALL MERCHANDISE F.O.B. 50°e non-refundable deposit due by 9113119 OFFER VALID 30 DAYS balance due w/ invoice -10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services Mail: Physical: P.O. Box 2180 Ph (503) 639-3344 20850 SW 1151 Ave. Tualatin, OR 97062 www.keymanufacturing.com Tualatin, OR 97062 Key Event Services KEY EVENT SERVICES OFFER TO SUPPLY TO: Ashland Packs & Rec CLIENT PHONE: (541)552-2252 ATTN: Rachel Dials FAX. 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/servlces according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, inc. RE: 2019 Spring Removal of Ice Rink Cover KEY REP: Annie Chlsholin QUANTITY Transportation TOTAL $ 1,500.00 $ (1) Ke su ervisor 32 hours $ 2,816.00 (5) Key rental labor 155 hours $ 9,145.00 Lod in / Per diem $ 1,530.00 Equipment Rentals (forklift etc) $ 1,600.00 Quote does not Include cleaning, repairs or story e $ Cleaning, repairs & storage to be billed separately $ repairs billed at $83/hour $ cleaning billed at $53/hour $ seasonal storage of fabric $500 $ $ Removal done b 3/20119 $ $ $ DUE $ 16,591.00 ALL MERCHANDISE F.O.B. 50° npon-refundable deposit due by 1120119 OFFER VALID 30 DAYS balance due w/ Invoice -10 days THANK YOU FOR THE OPPORTUN n'YTO SERVE YOU rwuw FOR KEY MANUFACTURING RENTAL5, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services Mail: Physical: P.O. Box 2180 Ph (503) 639-3344 20850 SW 115'^ Ave. Tualatin, OR 97062 www.keymanufacturing.com Tualatin, OR 97062 • Key Event Services 9 KEY EVENT SERVICES OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE: 2020 Installation of Ice Rink Cover KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 1,600.00 (1) Key supervisor 34 hours $ $ 3,145.00- (5) Key rental labor 170 hours $ 10,540.00 Lodging / Per Diem $ 1,630.00 Equipment Rentals (forklift etc) $ 1,800.00 Install b 10/16/20 $ $ $ Quote does not include additional char es for roblems that $ may arise at job site during installation $ $ $ $ DUE $ 18,715.00 ALL MERCHANDISE Job Sites 50° non-refundable deposit due by 9113120 OFFER VALID 30 DAYS balance due w/ invoice -10 days THANK YOU FOR THE OPPORTUNITY To SERVE YOU - Diu hln~>M WT FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services Mail: Physical: P.O. Box 2180 Ph (503) 639-3344 20850 SW 115" Ave. Tualatin, OR 97062 www.keymanufacturing.com Tualatin, OR 97062 Key Event Services KEY EVENT SERVICES OFFER TO SUPPLY TO: Ashland Parks 8 Rao CLIENT PHONE: (541) 552-2252 ATTN: Rachel Dials FAX. 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes andfor approval and return to Key Manufacturing and Rental, Inc. RE: 2020 Spring Removal of Ice Rink Cover KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 1,600.00 1 Key supervisor @ 32 hours $ $ 2,960.00 (5) Key rental labor @ 155 hours $ 9,610.00 Lodging / Per diem $ 1,630.00 Equipment Rentals (forklift etc) $ 1,800.00 $ Quote does not Include fabric cleaning, repairs or storage $ Cleain , repairs and storage to be billed separately $ repairs billed at $87.50/hour $ cleaing failed at $52.501hour _ $ Seasonal stora a of fabric @ $500 $ $ Removal.done b 3/19/21 $ $ DUE $ 17,600.00 ALLMERCHANDISE Job Sites 50°/a non-refundable deposit due by 1120120 OFFER VALID 30 DAYS balance due w/ Invoice -10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU FOR KEY MANUFACTURING& RENTALS, INC DATE OFFE 'ACCEPTED BY DATE A Complete Concept in Event Services Mail: Physical: P.O. Box 2180 Ph (503) 639-3344 20850 SW 115"' Ave. Tualatin, OR 97062 www.keymanufacturing.com Tualatin, OR 97062 Purchase Order Fiscal Year 2020 Page: 1 of: 1 i HIS HO 6v4UIMBEt~ C41US T APP AR CAN i LL B City of Ashland III VOI ESS, AN 8;-f3PPINC bocumENTS ATTN: Accounts Payable Purchase L 20 E. Main Order# 20200 93 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us L-J i V H C/O Recreation Division (Grove E NOEL LESLEY EVENT SERVICES, INC 1 1195 East Main Street N PO BOX 360 P Ashland, OR 97520 D PHOENIX, OR 97535 Phone: 541/488-5340 R T 'Fax: 541/488-5314 O Tara Kiewel 10/08/2019 4974 FOB ASHLAND OR/NET30 Parks Accounts Pa able Ice Rink Tent Structure 1 Ice Rink Structure 1 $19,622.0000 $19,622.00 Set up and tear down FY 2020 Amount $19,622.00 Project Account: E-000007-999 2 Set up and tear down FY 2021 I 1 $0.0100 $0.01 Amount $20,892.00 Goods & Services Agreement Completion date: 06/30/2021 Project Account: E-000007-999 I GL SUMMARY 125302 - 610210 $19,622.01 I i By: ear`,} Date: v I P s x = = _ Authorized Signature = - $19,622.01 FORM CITY OF ASHLAND REQUISITION Date of request: 09/23/2019 Vendor Name Noel Lesley Event Services Address, City, State, Zip 306 South C Street Contact Name John Lochner Telephone Number 541-482-1982 Email address iohnl(aDnoellesley.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Invitation to Bid ❑ 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 a roval required, attach co 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 Q (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 ❑ Form #4, Personal Services >$5K & <$75K Agency ❑ Direct appointment not to exceed $35,000 El Annual cost to City does not exceed $25,000. El Special Procurement ❑(3) Written proposals/written solicitation E] Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Form #4, Personal Services >$5K & <$75K City Administrator. AMC 2.50.070(4) ❑ Written quote or proposal attached Date approved by Council: E] Annual cost to City exceeds $25,000, Council Valid until: (Date) approval required. (Attach copy of council communication) Description of SERVICES Total Cost Ashland Rotary Centennial Ice Rink tent structure set up storage and removal for the FY20 and FY 21 seasons. $ 40,514.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost 1 Set up and tear down FY20 19622.00 2 Set up and tear down FY21 20892.00 Per attached quotelproposal TOTAL COST Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. 40514.00 Project Number 0 0 0 0 0 7. 999 Account Number 1 2 5 3_0 2- 6 1 0 2 1 0_ 40 514 00 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, l certify that the City's public contr g requirements have been satisfied. IT Director Date Support -Yes /No -I- Employee: h OL ~ I Department Head: reater than $5,000) Department Manager/Supervisor: City Administrator: ( u I or (Equa rgreaterthan$25,000) Funds appropriated for current fiscal year: AYES NO LA'4T 1) .r y `ti 1 nance Director- (Equal to orgreater than $5,000) Date Comments: Form #3 - Requisition Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Noel Lesley Event Services Good and Services Contract over $25,000 (Include names ofparties to the document) Type of Document: Contract 8 Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other (Specify) Dept Contact: xachrlnio. ACTION REQUESTED: Dept: Phone: Ext 2260 ❑ Review Draft Date submitted to Legal: Approve final and forward to: Draft due by: City Administrator for signature (Unless indicated, Legal will return document to you) Return Requested by: Tara Kiewel Coinplete this section ONLY the first tine this form is filled out: Has this document been previously worked on by the Legal Dept Staff? ❑ No ❑ Yes If yes, by whole? LEGAL DEPT First Date Received by Legal Date: By: USE ONLY Returned to Dept_ for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept_ for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: By: Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LEGAL: ❑ See Attached. ~ r~~r~.~~,~ ~~~-~-nom ~ r. Return original executed document to City Does this document need to be recorded? Recorder for safekeeping? ❑ No 4 Yes `P No ❑ Yes CITY ADMINISTRATOR ! DEPARTMENT HEAD Please do not sign the attached document until this form,lias been approved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: f"7 Date: l r