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HomeMy WebLinkAbout2020-004 20200299 VitusGOODS & SERVICFS AGRF.F.MF.NT PROVIDER: Vitus Construction Inc. CITY OF PROVIDER'S -AS H LAND CONTACT: Corey Vitus, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1097 Telephone: 541/488-5587 Gold Hill, OR 97525 Fax: 541/488-6006 PHONE: 541-855-7177 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Vitus Construction Inc., a domestic business corporation ("hereinafter "Provider"), for construction projects. 1. PROVIDER'S OBLIGATIONS 1.1 Provide construction work as needed for FY20 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 Vitus Construction 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 for its Work at the hourly rates and charges as set forth in Exhibit "X", entitled "Rate Sheet," which is attached hereto and incorporated herein by this reference, as full compensation for Provider's performance of all Work under this Agreement. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $4,995 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. 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, 27913.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Vitus Construction 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 Rate Sheet dated November 27, 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, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Vitus Construction 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 — 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: Vitus Construction Inc. Attn: Corey Vitus PO Box 1097 Gold Hill, OR 97525 541-855-7177 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 Vitus Construction 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: By: Signature Printed Name Title ,2'7 17&G zv ate Purchase Order No. �D 2 Vitus Construction Inc. (PROVIDER): By: S ignature Printed Name Title Date (W-9 is to be submitted with this signed Agreement) Page 5 of 5: Agreement between the City of Ashland and Vitus Construction Inc. CONSTRUCTION November 27, 2019 David Arnold City of Ashland 90 North Mountain Avenue Ashland, Oregon 97520 Re: City of Ashland Rate Sheet David, Please find attached the requested rate sheet for any "as needed" contracts between Vitus Construction and the City of Ashland for the fiscal year of 2020. Please note that The City of Ashland will not be responsible for mileage and/or fuel charges. We appreciate the opportunity to provide this information to you. Please let us know if you have any further questions. Sincerely, Corey E. Vitus President P.O. Box 1097 • Gold Hill, OR 97525 Phone: 541.855.7177 • Fax: 541.855.7520 • E-mail: corey@vitusconstruction.com • CCB #63643 SCHEDULE OF LABOR OR JOB RA Rates for "Non -Prevailing Wage" projects: Job Description Hourly Wage* Laborer $50.00 Carpenter $60.00 Superintendent $64.00 Overtime Hourly Wage $75.00 $96.00 "Non -Prevailing Wage" overtime criteria: Overtime is calculated at anything in excess of forty hours per week. It is not anticipated that overtime will be necessary to meet the job schedule. Rates for "Prevailing Wage" Job Description Hourly Wage* Overtime Hourly Wage Laborer $85.00 $127.50 Carpenter $90.00 $135.00 Superintendent $94.00 $141.00 "Prevailing Wage" overtime criteria: Overtime is calculated in conformance with BOLI or the Davis Bacon Act whichever is applicable or greater. *Hourly wage includes afterhours and weekend work. LVIIII I1IK07. 111111111 RKENNEDY ,a►CORO° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 12/20/2019 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 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 Anchor Insurance & SuretyInc. 1201 SW 12th Ave. Suite 500 Portland, OR 97205 CONTACT Charris Sonne-Phinney PHONE FAX (A/C, No, Ext): (503) 224-2500 (A/c, Nl):(503) 224-9830 ADDRIE . CSPhinney@anchorias.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Ohio Security Insurance Co. 24082 _ INSURED INSURER B: Ohio Casuaft Insurance Co. 24074 INSURER C: SAIF Corporation 36196 Vitus Construction Inc. INSURER D :Indian Harbor Insurance Co. 36940 PO Box 1097 Gold Hill, OR 97525 INSURER E INSURER F : CCIVFRAGFS CERTIFICATE NUMBER- REVISION NUMBER: 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 EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE i OCCUR X BKS 57378314 6/18/2019 6/18/2020 PAEAGEroRENTED ce $ 1,000,000 MED EXP (Any oneperson) $ 5'000 _ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1XI jp,?T LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Ea acrid D SLIMIT $INGLE 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO BAS 57378314 6/18/2019 6/18/2020 BODILYBODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS Pea cRident AMAGE $ X AUTOS ONLY X AUOTOW ONLDY $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE USO 57378314 6/18/2019 6/18/2020 AGGREGATE $ 6,000,000 DED I I RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N/A 811648 10/1/2019 10/1/2020 TH- X PER OR STATUTE E E.L. EACH ACCIDENT 1,000,000 E E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below D Prof & Poll Liab PECO05004802 6118/2019 6/18/2020 PROF 1,000,0001 POLL 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland Agreement Certificate Holder and All Required Entities are Additional Insured; Coverage Is Primary & Non -Contributory, and Waiver Of Subrogation Applies When Required By Written Contract. Endorsements Attached: CG8810 04/13, CG2037 04/13, CG8870 12/08, CA8810 01/10. Additional Insured: The City of Ashland, Oregon, its officers, agents and employees as required by written contract or agreement and subject to the terms, conditions and exclusions of the policies referenced. City of Ashland 20 East Main Street Ashland, OR 97520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD B I L L T O E N D O R City of Ashland ATTN: Accounts Payable 20 E. Main Ashland, OR 97520 Phone: 541 /552-2010 Email: payable@ashland.or.us VITUS CONSTRUCTION INC 1912 SECOND AVENUE GOLD HILL, OR 97525 0 C!TY RECORD,33, Purchase Order Fiscal Year 2020 Page: 1 of: 1 Purchase 20200299 Order # H C/O Facilities Maintenance Div 90 North Mountain Ave p Ashland, OR 97520 .Phone: 541 /488-5358 T 'Fax: 541/552-2304 David Arnold 12/27/2019 498 FOB ASHLAND OR Citv Accounts;Pava#ble Construction Projects 1 Construction projects as needed FY 20 1 $4,995.0000 $4,995.00 Goods & Services Agreement Completion date: 06/30/2020 Project Account: GL SUMMARY 082400 - 602400 $4,995.00 By: L9 Date: Authorized Signature FORM #3 REQUISITION t5�' elo� CITY OF ASHLAND ej ;2Da#�bf Vilest: 12/20/2019 ✓ Requirectldate for delivery: Vendor Name Vitus Construction Inc. Address, City, State, Zip PO Box 1097 Gold Hill OR 97525 Contact Name & Telephone Number Corey Vitus 541-855-7177 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Form #13, Written findings and Authorization ❑ Reason for exemption: ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach copy of council communication _(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 opy of council communication ❑ Other government agency contract Agency Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached ❑ Form #4, Personal Services >$5K & <$75K Intergovernmental Agreement Agency ❑ (3) Written quotes and solicitation attached ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. PERSONAL SERVICES Greater than $5,000 and less than $75,000 ❑ Form #9, Request for Approval ❑ Written quote or proposal attached Agreement approved by Legal and approved/signed by City Administrator. AMC 2.50.070(4) ❑ Direct appointment not to exceed $35,000 ❑ (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 Construction projects as needed for FY20 $ 4,995.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST $ Project Number _ _ _ _ _ _ - _ _ _ Account Number 082400-602400 `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 requisition form, I certify that the Cit s p blic contracting requirements have been satisfied. Employee: Department Head: ?A7Vfc2°r4 (Equal to or greater than $5,000) 9- Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Deputy Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition