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HomeMy WebLinkAbout2023-045 PO 20230240- Rogue Grease Trap & Pumping LLC • Purchase Order / it CITY'RECORDEFt Fiscal Year 2023 Page: 1 of: 2 B City of Ashland ATTN: Accounts Payable Purchase, L Ashland, OR 97520 Order# 20230240 T Phone: 541/552-2010 0 Email: payable@ashland.or.us • V H CIO Facilities Maintenance Div E ROGUE GREASE TRAP & PUMPING LLC I 90 North Mountain Ave N . PO BOX 917 p Ashland, OR 97520 TALENT, OR 97540 T Phone: 5 /488-53 230458 • R O S B' eI+—_- ern Wes Hoadley 014131e@lel:., �_f—f'- �a=7a®la'=ia --- �-==ll=—_• ��31=IzF��.ie — -- --__=,L_._x__ �I-13 :�e3[-1®IC�=3]�. i a]a— • Purchase Order • 'O Fiscal Year 2023 • Page: 2 of: 2 i4 a (�.Iliilli[ roici617iLgs '-.` B City of Ashland E:� ATTN: Accounts Payable Purchase L 20 E. Main Order# 20230240 Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us • ✓ H C/O Facilities Maintenance Div E ROGUE GREASE TRAP & PUMPING LLC I 90 North Mountain Ave PO BOX 917 p Ashland, OR 97520 TALENT, OR 97540 Phone: 541/488-5358 R T Fax: 541/552-2304 pfiOr�o _ ice el g e lB gdlet 1` =1a�cii=ilial§ lll's 1 I ! i�� — = —1 ❑td] I�=1€.l0[E Wes Hoadle Os- ��--!§talsl�-El�sL�l���f.!i=eE-ial=11@':[=�_ �@•1[et?ILVt-!dal-Lai=i�t=_ltel. _ �� — _—�=[-l��I?=§6l-!eld�`�a'IE'-1{l=!®- . 02/21/2023 7597 Cit Accounts Pa able Project Account: . ******,k******** GL SUMMARY*************** 088400-602351 $4,900.05 • • • • • • By: E .W1 Date. f.V6 (7/3 _ Authorized Signature • $4 900.05 is. offivI #3 i1P � . Q "----•i- .• 1 CITY OF • • �° ASHLAND • .."2 rKi•.;�t:y�ve4...I'mn _,•�.t•{'.:.:z•:'�:a_t S�,:, 1106-i: 1 REQUISITION Date of request: 0210812023 . • Required date for delivery:: . • Vendor Name Rogue Grease Trap&Pumping . Address,City,State,Zip . 7020 Tolo Road,Central Point,OR 97504 - Contact Name&Telephone Number Kyle Adkins,541-621-1254 • Email address 0 roguegreasetraps@gmail.com SOURCING METHOD • • • ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy df council communication) 0 Written quote or proposal attached • ❑ Written quote or proposal attached • „(If council approval required,attach copy of CC) ❑ Small Procurement 0 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 bid(s)or proposal(s) , ❑ Request for Qualifications(Public Works) 0 State of Washington - •Date approved by Council: Contract# • • _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement 0 Sole Source ' Agency GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) • Contract# • Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement © (3)Written bids&solicitation attached 0•Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by'Council: . ' ❑ Annual cost to City does not exceed$25,000. . Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by . • 0 Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) • 0 (3)Written proposals&solicitation attached 0 Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: - Valid until:_ (Date) Description of SERVICES :"fr;��'•� �y�j�� /60W TOTAL COST' y ,4e6_e_ee ,ez aterle. 0 .' -,-:, . : ,'. " ,,, .--.:••,, ',tr.'.',: ,,,,-- ',-,, .Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • Ob • e '51 2.�' �yF tAre`oo ®� • . � o� ,• y �-� , •-- ,,le--47e0461. d`d ,y p-? ,100®® •0 . 0 Per attached quotelproposal 'TOTALCOST • $_• •Project Number _ _ _ Account Numbere6W�®� 6 ®,-34—/ •. • Account Number - Account Number - • *Expenditure must be charged to the appropriate account numbers for the financials to accuratelyreflecf the actual expenditures. • 0 IT Director in collaboration with department to approve all hardware and software purchases: . • IT Director Date Support-Yes/No • By signing this requisiti form,I certi that the City's public contracting requirements have been satisfied. , Employee: • Department Head int `CO-2o • ? 447711..to or!rester t til $5,000) Department Manager/Supervisor: City Manager: 7,/&/,if:AdwAs ' r ( eater than$35, 00) / Funds appropriated for current fiscal year: / NO _r L3/0/23 Finance Director-(Equal I or greater than$5,000) Date ` Comments: • • Form#3-Requisition • v GOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) CONTRACTOR: Rogue Grease Trap &Pumping C, I TY O F CONTACT: Kyle Adkins ASHLAND . .20 East Main Street ADDRESS: 7020 Tolo Road, Central Point, OR 97504 , Ashland, Oregon 97520 . Telephone: 541/488-5587PHONE: 541-621-1254 . Fax: 541/488-600.6 . EMAIL: roguegreasetraps@gmail.com This Goods and.Services AgreementC(hereinafter "Agreement")is entered into by and between the City of • Ashland, an Oregon municipal corporation (hereinafter "City')and Rogue Grease Trap & Pumping LLC, a • domestic limited liability company (hereinafter "Contractor"), for weekly grease trap cleanings and used cooking oil collection and recycling.: • • 1. • CONTRACTOR'S;OBLIGATIONS . 1.1 -Provide weekly grease trap cleaning and designated disposal area cleaning in "one" secured city- • . owned recycling facility. Used cooking oilwill be collected and recycled.Any types of used cooking oil unable to be recycled will be-disposed of in a proper.manner, The scope of work is set forth in • the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated .herein.. . Contractor 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 hereinprovided 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 Contractor 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; and • . Torkers' Compensation. s . . 1.2.2. Each policy of such insurance shall be on an"occurrence" and'not a"claims made" form, and . shall: • o 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 ektent that two . or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • . Page 1 of 6: Goods and Services Agreement between the City of Ashland and Rogue Grease Trap&Pumping • • Contractor shall immediately notify the City of any change in insurance coverage • • • Contractor 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 of certificates of such insurance approved by the City. - 1.3 Contractor 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. As evidence of the insurance required by this Agreement, the Contractor shall furnish an acceptable insurance certificate prior to commencing any Work. 1.4 Contractor 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 Contractor. Contractor agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Contractor agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman- owned omanowned 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,Contractor 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 Contractor of the Contractor'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 $24,050.68 or more, Contractor 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. Contractor 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 Contractor the fees as specified in the SUPPORTING DOCUMENTS. 2.2 Contractor acknowledges that any Work delivered or expenses incurred•without authorization as". provided herein is done at Contractor'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 • ' Contractor and is free to procure similar types of goods and services from other Contractor's in its sole discretion. ' • 3.2 Contractor is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Contractor is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. • 3.4 Contractor'shall not assign this-Agreement or subcontract any portion of the.Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract Page 2 of 6: Goods and Services Agreement between the City of Ashland and Rogue Grease Trap&Pumping • ' without written consent of the City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons'employed by them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. • • 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. . . • • 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. 3.8 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 Zml ess 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. 3.9 •Contractor shall defend, save,hold harmless and indemnify the City and its officers, employees and agents from and against aiiy 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 Contractor or its officers; employees, contractors, or agents under this Agreement. . 3.10. 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. •• . 3.11 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 Contractor and the City set forth in this Agreement. • 3.12 Deliveries will be F.O.B destination. Contractor shall pay all transportation and handling charges for the Goods. Contractor is responsible and.liable for loss or damage until final inspection and acceptance • • of the Goods by the City. Contractor remains liable for latent defects,fraud, and warranties. • 3.13 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Contractor to correct theta without charge or deliver them.at a.reduced price,as negotiated.If Contractor 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). • 3.14 Contractor represents and warrants that the Goods are new, current; and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS arid be free from •• defects in labor,material and manufacture. Contractorshall transfer all warranties to the City. Page 3 of 6: Goods and Services.Agreement between the City of Ashland and Rogue Grease Trap&Pumping • • • 4. SUPPORTING DOCUMENTS . • 4.1 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 October 24,2022,is attached as Exhibit B. •- The Contractor's complete written Bid dated November 1, 2022, is attached as Exhibit C. 4.2 This Agreement and the. SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. • 5. REMEDIES . 5.1 In the event Contractor 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 Contractor 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 notinconsistent,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 Contractor for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid.to Contractor exceed the amount due, Contractor 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 January 31,2028,unless sooner • terminated as provided in Subsection 6.2. . 6.2 Termination 6.2.1 The City and Contractor 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 Page 4 of 6: Goods and Services Agreement between the City of Ashland and Rogue Grease Trap&Pumping ' • • 7' . . . I . 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 Department • Attn: Wes Hoadley ' 90 N.Mountain •. Ashland, Oregon 97520 . • . • • Phone:'(541) 552-2355 • With a copy to: • ' ' • City of Ashland ' Legal Department " • - . 20 E. Main Street Ashland, Oregon 97520 . . . . Phone:(541)488-5350 . • . If to Contractor: - • • • Rogue Grease Trap &Pumping •. " Attn: Kyle Adkins . 7020 Tolo Road:. • . • 'Central Point,.OR 97504 .. . • . • . • • ' Phone: (541) 621-1254 • . 8. WANER.OF.BR]1ACH ' '- .. • 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. CONTRACTOR'S COMPLIANCE WITH TAX LAWS. . . 9.1 Contractor represents and warrants to the City that: . . 9.1.1 Contractor 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. Contractor; and ' . . . (iii) Any rules,:regulations, charter provisions, or ordinances that implement or enforce any of • . - the 'foregoing tax laws or provisions. , . . 9.1.2 Contractor, 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 • Contractor; and 0 • (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of • the foregoing tax laws or provisions. Page 5 of 6: Goods and Services Agreement between the City,of Ashland and Rogue Grease Trap&Pumping . • • • • 9.2. Contractor'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 Contractor'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 anyother 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: ROGUE GREASE TRAP &P I' 'G: By:. ' icye �W : By: • Josep essard City Manager Signature . • I � � �� �� - l!/1i . c&1‘) . Printed Name ! Printed Name • I/17/23. . . . CC�n rr- • • e • Title • • • • /270/2-GZ • Date • Purchase Order No. ,® 0- 9.4 p • (W-9 •is to be submitted:with this signed Agreement) • • APPROVED AS TO FORM: • . • 1 • City A oxo ey • • • • • • • ate • • • • • • • • • • • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Rogue Grease Trap&Pumping . • .. • • . . • . • . . • . . . . , • • • . • • . . " EXHIBIT A • • . . . • • • • . . • • CITY OF ASI-3ILAND, OREGON .• . . . • . . . • . • . . . . , . • • , • City of AsAllarid • • - • . . . . . - ' , . • • . . VING LI . . . . . . • • ALL empl•oyers de•seriLKA, • WAGE • • • • .. • below must comply with City • • • • of Astiland i as regiating • • . .. • . payment of a living wage. - • . . • $1 7,02 per hours effective June 301 2022, • • . .• • ., • . . . . . . . • Or . : il • . . The:Living Wage is adjusted annually every • • . .. iriii • • • • June 30 by the Consumer Price indek. . . . , . • • , • • • • . • • • • , . . .. • . • . Employees must be paid a perfitin cf ihe business of of health care,refitment - • .. their emplager,if the • 401K,arid IRS efigide . . • • living waget, • employer hastens:it more cafeteria plaits(inclang. • • emploopes,and has received childcare)benefits to the > For all hews wcikedunder a fulara..,24±1 assistarm&...i ..4.....kr thl. 91liolfgeas amount of waPs- • - • • service contact hfitween thek •"'I'°T*'"' •t •• . Cdy cf Ashland over > Note: For temporary and • • employer aralthe Myst. • . • Ashland lithe contract • - *MR . part-ftme employees,the • • more • exceeds74 65 Living Wage does not apply • $ 0 SO or : - -* • > Mir employer is the City of .to the first 1040 hours worked >. For all hours worked in a . Ashland,Wising the Parks • in any calendar year. For . • • • and Recreation Deparhnent • more details,please see . • rnonth,ff the employee Ashland hilundsipl Code • wends 50if,tir reore.of ihe > In calculating the ling wage, Section 3.120M. • .employee's firm in that mneth - employers may add the value . •: • . • • waddng on a project or • .. • . • . . , • • . For additional information: . . . . . . . . - Call the tend City Manage:taw at 541-4884302 or write to the City Manager, • • • City Heil,20 East Mein Street,Ashland,OR 97520,or yid the cay's website at www.ashland.or_us. • 'Notice to Employers: 'Ms mice must be posted in areas where it can be seen by all employees. .• . • - . ..• . . - . . • • , • , - . • . • '• • c Ji 1' Te OF. • • . • • , . .• • . ' • ASHLAND . • • • • . . • • . . , . . . • . • . . . • . • • . Page 7 of 6: Goods and Services Agreement between the City of Ashland and Rogue Grease Trap.&Pumping . . . . , , 1 • 'ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMI°DIYYYY) . 2/1/2023 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 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 NAME: Certificate Department Teresa Clutter Insurance Services PHONE fEA1C No,Ext): (A1C,No): 855-879-4374 40012th St.Ste 26 ADDRESS: 209 836-0719 FAX Brittoni@clutterinsurance.Com • ' INSURER(S)AFFORDING COVERAGE NAIL# Modesto . 'CA 95354 INSURER A: Evanston Insurance Co. . INSURED INSURER B: . • ROGUE GREASE TRAP&PUMPING LLC INSURER C: - ' PO BDx 917 INSURER D: '7020 Tolo Rd Central Point Oregon INSURERS: • Talent OR 97540 INSURER F: • COVERAGES • 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. INSRTTYPE OF INSURANCE NSD�WVD POLICY NUMBER (MMIDDIYYYYYY) (MM/DD ) ADDL LIMITS X COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE $ 1,000,000 UAMAI.st IU KtNI EU CLAIMS-MADE X OCCUR• • PREMISES(Ea occurrence) $ 100,000 • MED EXP(Any one person) $ 5,000 A Y . 3AA545223 2/25/2022 2/25/2023 PERSONAL&ADV INJURY $ 1,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGO $ 2,000,000 • OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident). ANY AUTO ' BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ • AUTOS AUTOS ' NON-OWNED . PROPERTY DAMAGE $ . HIRED AUTOS AUTOS (Per accident) • — $ X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LIAB CLAIMS-MADE Y 'EZX53104149 1/31/2023 2/25/2024 AGGREGATE $ 1,000,000 • • - DED RETENTION$ $ • WORKERS COMPENSATION . ' AND EMPLOYERS'LIABILITY STATUTE 01ER H- ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? • (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Pollution CPLMOL110174 2/25/2022 2/25/2023 $500,000/$1,000 Ded each Poll Condition DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) • • City of Ashland,Oregon,It's Officers,agents and employees aye listed as additional Insured. CERTIFICATE HOLDER CANCELLATION • . • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN • ACCORDANCE WITH THE POLICY PROVISIONS. • City Of Ashland 20 East Main Street AUTHORIZED REPRESENTATIVE • Ashland • OR 97520 44; elg..47Yer • I • • I • ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD • 1 1 • www.saif.com • saiit. Oregon Workers' Compensation Certificate of Insurance Certificate holder: • • CITY OF ASHLAND 20 EAST MAIN ST ASHLAND,OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period • indicated.The insurance afforded by this policy is subject to all the terms,exclusions and conditions of such policy;this policy is subject to change or cancellation at any time. Insured Producer/contact • Rogue Grease Trap&Pumping LLC SAIF Corporation PO Box 917 Portland Service Center Talent, Or 97540-0917 503.673.5283 •servic@saif.com Issued 12/30/2022 Limits of liability Policy 100052422 Bodily Injury by Accident $500,000 each accident Period 11/30/2022 to 12/01/2023 • Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit • Description of operations/locations/special items oil removal and grease trap cleaning • • Important This certificateis issued as a matter of information only and confers no rights to the certificate holder.•This certificate.• • does not amend,extend or alter the coverage afforded by the policies above.This certificate does not constitute a contract between the issuing insurer,authorized representative or producer and the certificate holder. • CANCELLATION: • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW.SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. Authorized representative • e Chip Terhune President and CEO • • 400 High Street SE Salem,OR 97312 P:800.285.8525 • • F:503.584.9812 PolicyOLCA Certificate0flnsurance • .ACCPROP • DATE(MM/DDIYYYY) La#00 CERTIFICATE OF LIABILITY INSURANCE 17/30/2022 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). . PRODUCERCONTACT NAME:Progressive Commercial Lines Customer and Agent Servicing • Progressive Insurance PHONE FAX • PO Box 94739,Cleveland,OH 44101. • " (A/C,No,84:1-800-444-4487 (A/C.Nol: • E-MAIL ADDRESS:.progressivecommercial@email.progressive.com• • INSURER(S)AFFORDING COVERAGE NAIC# ' • INSURER A:Artisan and Truckers Casualty Company — 10194 INSURED INSURER B: ROGUE GREASE TRAP&PUMPING LLC • INSURER C ' Po Box 917. Palent,•OR 97540 - INSURER D: • ' INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: 153749683555222695D123022T213040 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. INSRADDL SUBR ! POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD ' POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS ' COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ I • DAMAGE TO RENTED ' • CLAIMS-MADE❑OCCUR PREMISES(Ea occurrence) $ • .MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENt AGGREGATE LIMIT APPLIES PER ( • GENERAL AGGREGATE $ ( (PRO- n PRODUCTS-COMP/OP AGG $ H POLICY I I JECT I I LOC • OTHER: • $ AUTOMOBILE LIABILITY (Ea accidentSINGLE LIMIT $1,000.000 ANY AUTO _BODILY INJURY(Per person) $ AUTOS ONLY A SCHEDULED Y N 951741347 08/20/2022 08/20/2023 A BODILY INJURY(Per accident) $ HIRED NON-OWNED I EROracclZt AMAGE $ _AUTOS ONLY • AUTOS ONLY ' S _UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ • $ WORKERS COMPENSATION Y/N • I EEft Pall- AND EMPLOYERS'LIABILITY ^ ANYPROPRIETOR/PARTNER/EXECUTIVE I I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED7• ' • (Mandatory In NH) E.L.DISEASE-.EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 1(1,Additional Remarks Schedule;maybe attached if more space is required) • 7 • CERTIFICATE HOLDER t CANCELLATION • 'SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 'EXPIRATION DATE THEREOF,,NOTICE WILL BE DELIVERED IN ' City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20EMain St Ashland,OR 97520 AUTHORIZED REPRESENTATIVE /464 4Z . ! ©1988-2015 ACORD CORPORATION.'All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ' LOC#: AC R ADDITIONAL REMARKS SCHEDULE Page 1 . of 1 AGENCY NAMED INSURED Progressive Insurance ROGUE GREASE TRAP&PUMPING LLC Po Box 917 POLICY NUMBER Palent,OR 97540 951741347' CARRIER NAIC CODE Artisan and Truckers Casualty Company 10194 EFFECTIVE DATE:08/20/2022 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:' 25 FORM TITLE: Certificate of Liability Insurance • Additional Coverages • Insurance coverage(s) • Limits ' Uninsured/Underinsured Motorist $1,000,000 Combined Single Limit Description of LocationNehicles/Special Items ' Scheduled autos only 2017 RAM 2500 3C6UR5HL9HG616331 ' • Stated Amount $55,000 Comprehensive $1,000 Ded - Uninsured Motorist Property Damage $20,000 w/$200 Ded($300 if Hit&Run) Collision $1,000 Ded Personal Injury Protection $25,000 2008 FREIGHTLINER M2 IFVACXDT98HZ65059 • Stated Amount $55,000 Comprehensive $1,000 Ded Uninsured Motorist Property Damage $20,000 w/$200 Ded($300 if Hit&Run) 'Collision $1,000 Ded 2022 FORD F550 1FDUF5HT5NDA09350 • Stated Amount $107,600 Comprehensive $1,000 Ded Uninsured Motorist Property Damage $20,000 w/$200 Ded($300 if Hit&Run) Collision $1,000 Ded • Personal Injury Protection $25,000 • Liability coverage may not apply to all scheduled vehicles. • • • • • • • • • • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT B !El CITY OF ASHLAND Invitation to Bid REGULAR GREASE TRAP CLEANINGS USED COOKING OIL COLLECTION AND RECYCLING Date of Release: October 24, 2022 Bids are due by: 2:00:00 PM (PST), Thursday, November 17, 2022 Contracting Agency: City of Ashland Contact: Kari Olson Title: . Purchasing Specialist Address: City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Telephone: • (541) 488-5354 • Fax: • (541) 488-5320 • Email: kari.olsonashland.or.us ITB- Page 1 of 16 • •OVERVIEW The City of Ashland is requesting bids from qualified businesses to perform weekly grease trap cleanings • and used cooking oil collection and recycling. The services are to be performed weekly during regular business hours,Monday through Friday. . Currently,the city has "one" secured city-owned recycling facility and within the facility separated by a • chain link fence,there is a designated area(16-1/2' x 7')for the collection of used cooking oil. Local restaurants disposeof-their used cooking oil in the used cooking oil receptacles. Used cooking oil accumulates in buckets now due to their being monthly pickups vs. the proposed weekly pickups. The contractor shall comply with all applicable local, state and federal laws related to the cleaning of grease traps and cooking oil spills, and the overall management(collecting, transporting and recycling) of used cooking oil. The successful contractor will need to have.a valid City of Ashland business license for the full term of the contract. . The successful contractor will be required to enter into a contract with the City of Ashland, and provide certificates of insurance, including the City of Ashland named as the additional insured. Mandatory insurance requirements include General Liability,Automobile and Workers' Compensation. Insurance requirements will not be waived. . The City's intent is to award a contract for a term of five (5)years. • SOLE POINT OF CONTACT If you have any questions and/or need additional information, I will be the sole point of contact for this solicitation • Name: Kari Olson • Title: Purchasing Specialist Telephone: 541-488-5354 Email: Kari.olson(a�ashland.or.us . DUE DATE AND TIME FOR SUBMITTING QUESTIONS The due date and time for submitting questions and/or requests for additional information is 5:00:00 PM (PST),Wednesday, November 9,2022. • • • • ITB-Page 2of16 • SCOPE OF WORK Cleaning Grease Trap and Designated Disposal Area for Used Cooking Oil • The floor area(16-1/2' x 7'), between the walls and chain link fence, designated for the collection of used cooking oil will need to be cleaned and maintained weekly. The • area to be cleaned backs up to a port-a-potty and excludes the port-a-potty. • The grease trap will need to be cleaned and maintained weekly. • Any issues with the grease trap not functioning properly will need to be reported immediately to the City's Facilities Maintenance Supervisor,Wes Hoadley. • All degreaser and/or spill cleaning products must be pre-approved in writing by the City's Facilities Maintenance Supervisor, Wes Hoadley. • Any grease removal and/or spill products found on the floor will need to be swept up and thrown in the trash,not washed down the grease trap. Any buckets,trash and/or recyclables found on the floor in the designated area must also be put in the trash and/or in the appropriate recycle bins. • The floor in the designated area for the collection of used cooking oil will need to be washed down weekly with water. Access will-be provided to a water spigot and hose that is available on the exterior of the building. • The floor and grease trap in the designated area for the collection of used cooking oil is to be maintained in a clean, safe and hazard free manner on a weekly basis. Collecting, Transporting and Recycling Used Cooking Oil • The successful contractor will provide appropriate used cooking.oil receptacle(s). • The buildup of used cooking oil on the grate,that sits on top of the receptacle,will need to be removed from the grate weekly. • • Signage on the receptacle(s) and the wall above the.receptacle(s) should be clear on what types of oil can be disposed of in the receptacles and what types of oil cannot be. disposed of in the receptacles. • The successful contractor will ensure that the used cooking oil will be collected, transported and recycled in the most appropriate manner. Service Receipts Each service call will require a separate service call receipt that includes the following information: 1. Date of service 2. Amount of recyclable oil collected from receptacles 3. Amount of non-recyclable oil (#of buckets)requiring transport and disposal 4. Written confirmation grease trap has been cleaned and is functioning properly 5. Written confirmation floor in designated area has been cleared, swept, washed, degreased and left in safe and hazard free manner. 6. Comments regarding any problems with the condition of how the designated area for the collection of used cooking oil was found by the service technician upon arrival. ITB-Page 3of16 BID SUBMITTAL CONTENTS Please provide an official bid on your company letterhead, including the following information: Bid Submission Form ✓ Complete and include the Bid.Submission Form attached as Exhibit A. Cleaning Grease Trap and Designated Disposal Area for Used Cooking Oil, ✓ Describe the process you will use to clean the grease trap and the floor in the designated area for the collection of used cooking oil. ✓ Provide the proposed day of the week and the estimated time that will be allotted to perform these cleaning services. (Same day each week is preferred.) Collecting,Transporting and Recycling Used Cooking Oil ✓ Provide a description, size (H x W x D), and photo of the proposed used cooking oil receptacle(s). ✓ Provide a list of the recyclable types of oil that can be disposed of in the proposed receptacle(s). ✓ Will the receptacle be appropriately labeled as to what types of oils can be disposed of in the receptacle and recycled? ✓. Will you be providing a large wall sign that includes both a list of recyclable and non- recyclable types of used cooking oils that can be displayed on the wall above the receptacles? ✓ Explain how the recyclable used cooking oil will be recycled and for what uses. V Explain your disposal process for non-recyclable used cooking oils. References ✓ Provide two (2)references,preferably references comparable to the size and scope of services described within this ITB. Include the name of the company, contact name, telephone number and email address of the individual who can verify your performance. The City reserves the right to verify these references. Fee Schedule ✓ Complete and include the Fee Schedule attached as Exhibit B. • ITB-Page 4 of 1.6 , GOODS AND SERVICES AGREEMENT The contract is attached as Exhibit C for your review. PHOTOS -DESIGNATED AREA FOR COLLECTION OF USED COOKING OIL ' The city-owned recycling center is located in small parking lot next to the City's Community Development building located at 51 Winburn Way, Ashland, Oregon. • ,.... Atfil,,, r1)..�?"`.`= _ i' ,:„....,........#1,',.:•,,1,1l N 17%', ,.u..;t ,,rel Ptdsrr' ti 1 +c i} _ gyp; _J~ •it f ;a11Y i.•.__. a il. n P - .� d.r."y =r yY o-r torr-xcx6� tw.+.r ,c='C ,u°�t: • "r 1 •` G r'.Y i.}- '. ..,,. ;j r- i s?.414 J n, •` Et �. ComC . `Le m -0„t%-;-,6p,,,-;-:- n F',,,dit�-1w��,�f n,-'z ,-,.,..:,,,r-,,_ •,9 `•` „`.i _ A ,..;;;i--,:'r r . * i4.�y7 f c t,„4a .v' do 'S.a t""& a4 �r ..7 ii{}' ,t 0 f ,. d .�A ...'',- A >� rFrn'"�'y4i'J'7.` �'�a.r}t �'^,",i�LBSx '” ',,:.-',' s,41 -- .1 .. tri• i > r 'A :p �C 'k g ''.c. tt; L t IL pt�''Pas f''�a {�vG�' �i 1§� •�'�g•:,•-•,;„_,"�'"•4,,,z.,,,...-4, �^�.C'r� h- fi .-. �,' �1:Q I''rfc i +e�v"i'?')•••,m,-.., ° ' t; �Sr£S st` +i>ti r-`z-r�,,rr'}3� �;'bT i, .-4 Sct 4 . /i • f ,i",114:%:•,.4 �' i' ,1� $ S ', 0-.„,J ,51.4 kV--,} ASrdL''..y a r� k.'4 ;,,.ate,. /-11_,. _ ,_j��,i7 :u._,.EY: �-2A r._t_i,i.3.�J ^:n..it, •__: -- USES G061�{R101«` I � i•-+.�.4-- �..,.. 1,,.-'01p,.., ' r • NO : A P1 I 2 — - v -_ :_ _ 1 +I ql 1 I R`K Iri 4F "'ns+cam no_spy } 1'123 � -c „,ill f (...----) _- T �t \ Itil ,I ----- -- 7-A2—•,-- a�-' ` - !�I`; iasx{}6iyirXFGf3.jy.f-' � ass on _ , 11, 1 5!" 'I . :la4y! ;- �-"POZ• •••1•�. ' .. ' ' � �,`._. } A^'s.,-,=/E1, ((1 J ,yid ' n y. yeti e!,-.2-•'"}';i y.g." 'I •---'..W.f"-- -. { i Please note: The grease trap is located directly in front of chain link fence, on the exterior right side, next to the entryway into designated area for the collection of used cooking oil. ITB- Page 5of16 METHOD OF AWARD In accordance with ORS 279B.070, Intermediate Procurement(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 asconsiderations including, but not limited to, experience, expertise,product functionality, suitability for a particular purpose and contractor responsibility under ORS 279B.110. • DUE DATE AND TIME Bids are due by 2:00:00 PM(PST),Thursday,November 17,2022. Hard copies can be mailed, or hand delivered to the following address: Kari Olson Purchasing Specialist City of Ashland 90 N.Mountain Avenue Ashland, OR 97520 Late bids will not be considered. IMPORTANT: If you are mailing your complete bid,please verify that your method of shipment(UPS,Fed EX, USPS, etc.)will arrive prior to the due date and time. If you will be hand-delivering your complete bid,please allow enough time to hand-deliver your proposal prior to the due date and time. (Please call 541-488-5354 in advance due to there being a locked gate to enter the facilities.) , Unfortunately, bids can NOT be accepted via email due to the City's limits on attachment files. The City also does not accept.zip files. , Late bids will not be considered. Thank you. . • Kari Olson Purchasing Specialist • • r ITB-Page 6of16 EXHIBIT A • Invitation to Bid • REGULAR GREASE TRAP CLEANINGS USED COOKING OIL COLLECTION AND RECYCLING. BID SUBMISSION FORM . The undersigned bidder submits this bid in response to the City's Invitation to Bid(ITB) for Regular Grease Trap Cleanings and Used Cooking Oil Collection and Recycling released on October 24, 2022. The bidder warrants that bidder has carefully reviewed the ITB and that this bid represents bidder's full response to the requirements described in the ITB: The bidder further warrants that if this bid is accepted,the bidder will contract with the City, agrees to the terms and conditions found in the attached agreement and ITB or has submitted terms and conditions acceptable to the City, and will provide all necessary labor,materials, equipment, and other means required to complete the project in accordance with the requirements of the ITB and agreement. Full legal name of company: Principle owner's name: Business Address: . . State and location of company headquarters: . Year business established: Telephone Number: • Fax Number: • Email Address: • Authorized Signature: Printed/Typed Name: . Title: Date: ITB- Page 7 of 16 • EXHIBIT B Invitation to Bid REGULAR GREASE TRAP CLEANINGS USED COOKING OIL COLLECTION AND RECYCLING FEE SCHEDULE Please note: Weekly service is preferred. However,the City would like to consider cost options for services to be performed weekly (52x per year) and every other week(26x per year). SERVICES Fre uenc / t COST q y Q y (Per Service Call) Comments Option#1: Cost to clean grease trap and clean floor 1 in area designated for the lx Weekly (52x per year) collection of used cooking oil (16-1/2' x 7') Option#2: Cost to clean grease trap and clean floor 2 in area designated for the Every other week (26x per year) • collection of used cooking oil (16-1/2' x 7') Cost for an additional grease trap cleaning(This would be in addition to.the lx—if requested weekly regular grease trap by the City cleaning—if requested by the City.) • Cost or Credit for the Cost per gallon 4 collection of recyclable used cooking oil Credit per gallon Cost to dispose of non- Cost per gallon or 5 recyclable used cooking UOM oils. • Bidder's name: Date: • ITB- Page 8of16 EXHIBIT C GOODS AND SERVICES AGREEMENT PROVIDER: CITY OF . , . ASHLAND PROVIDER'S CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: Telephone: 541/488-5587 • Fax: 541/488-6006 PHONE: This Goods and Services Agreement(hereinafter"Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and ••••••• ••• XXXX, a domestic business corporation (hereinafter "Provider"), for (give very brief description of goods and services). 1. PROVIDER'S OBLIGATIONS 1.1 Provide more detailed description of goods and services 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; and • Workers' Compensation. 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; ITB- Page 9of16 . • • 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. 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. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 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$24,050.68 or more,Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code bypaying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A"predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$XXXXXX (could be hourly rate or lump sum amount) 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$XXXXX (this is maximum,not to exceed amount of entire Agreement)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 thismaximum 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. ITB- Page 10 of 16 • 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 Provider shall not assign this Agreement or subcontract any portion of the Work to be provided hereunder without the prior written consent of the City. Any attempted assignment or subcontract without written consent of the City shall be void. Provider shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by.them, and the approval by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. " 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS• 279B.220,279B.230 and 279B.235. 3.8 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. 3.9 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. 3.10 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. . 3.11 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. ITB- Page 11 of 16 • 3.12 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 fmal inspection and acceptance of the Goods by the City. Provider remains liable for latent defects,fraud,and warranties. 3.13 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). 3.14 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. 4. SUPPORTING DOCUMENTS 4.1 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 XXXXXX(Request for Proposals,Invitation to Bid, etc. dated XXXXX. • The Provider's complete written XXXXXX dated XXXXXX. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement .itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING DOCUMENTS, the several supporting documents shall be given precedence in the order listed in Article 4.1. 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. ITB- Page 12 of 16 ' 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 r 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 XXXXXXXX, 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 V 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: V i City of Ashland—XXXXXX Department Attn: XXXXXXXXXXXXXX . 20 E.Main Street • Ashland, Oregon 97520 • Phone: (541)488-X. With a copy to: City of Ashland—Legal Department 20 E. Main Street ' Ashland, Oregon 97520 V Phone: (541)488-5350 • If to Provider: Provider's name ' Attn: XXXX V XxxxxXX City, State ITB Page 13 of 16 • 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: (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. ITB- Page 14 of 16 • 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: XXXXXVOOCXXXXXXX(PROVIDER): By: . By: Joseph L.Lessard, City Manager Signature • Printed Name Printed Name Date Title • Date Purchase Order No. (W-9 is to be submitted with this signed Agreement) • APPROVED AS TO FORM: • City Attorney Date • • • • • • • ITB- Page 15 of 16 . EXHIBIT CA CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating payment of a living wage. SI 7.0 •per hour, effective June 30, 2022. OVA The Living Wage is adjusted annually every June 30 by the Consumer Price Index. Employees must be paid a porton of the b sof of hea'th care,reneged, living wage: t e employer,ifthe 401K and IRSetgile employer has ten or more cafeteria plans Wang doyee ,and has aeceivr'.d • th kare)benefits to the Fsr et lrtrs tinder a finar cal s Lance for the e�zrp2o)e s amount of wages. senrice contract between thsir rtJtct C,to mess from the C errrpir��-ee and the City of j y ci Ashland are : Note: Fa temporary and k har if the ,tr t $24,050.68; pert-time emilay ,the edo a$24,050.68 tzr more ting Wage does not apply If their endow is the city of to the firri 1(344 hours worked P r efc F ri e<i to a inclu the Parks in any calendar year. For rad,if the employee and tion Depanmer,.. more dei ,please see • fid,50%or rem of thekittand Muraipal Code In c employee's tial in that month : calculating the living wags, 3.12.020. v ittg on a mix er employers may add the value For additional information: Call the Ashland City Manages office at 541488.6402 or wri?e to the City Manager, City Hall,20 East Main Street,Ashland,OR 97520,or visit the Ci 's webrife at www.ashtand or,us. Notice to Employers: This notice must be posted in areas tthere it can be seen by ail emcees. • CITY OF ASHLAND ITB- Page 16 of 16 . .("rad . Oil &Grease Trap Bid:11/1/22 • W. • . ‘ s Rogue Grease Trap &Pumpingapk EXHIBIT C • Grease•Trap Cleaning: , - Each week the floor and collection area will be scrubbed and hosed down. If regularly . maintained chemicals or degreasers should not•be needed.As the floors are being washed, the • grease trap in the floor will be getting pumped removing all oil waste and debris.The grease . • trap will also be hosed out as it is being pumped at each service. . . All grease trap material will.be disposed of at the White City Lagoons. . • I propose this be done on Tuesdays between the hours of 7AM and 11AM. . Used Cooking Oil: The cooking oil will be collected and bin grates cleaned with a second truck. I am unable to mix . the two together.When the oil is collected and the grates are cleaned, any buckets that may be onsite will be taken care of and hauled off. With a regular service•and the design of the bins.1 . would provide, I don't see buckets continuing to build up as they are currently.The bins I use have a different grate system than what is currently in place and helps prevent the build up of - solidified grease that blocks the grate and makes it impossible to pour more oil in. I believe this to be the main reason buckets of grease are currently building up. - • I would place two 209-gallon containers•on site.The dimension of each container is H-36" W= . 28" D-48". Attached is a photo of the containers I use. • All cooking and fryer oils are acceptable to be placed in these receptacles as long as there are , no petroleum or chemical based oils.The Containers will have labels that list what they are for,. company name and number. . . A wall sign can be provided if needed. . •All used cooking oil will be hauled to a refinery and recycled•into biodiesel and distributed to fuel stations throughout Oregon. Rogue Grease Trap &Pumping • Po Box 917,•Talent, OR 97540 541-621-1254 5 roguegreasetraps@gmail.com • . _' ' ., lit: Oil.84 Grease Trap Bid:11/1/22 di Rogue Grease Trap &Pumping . . .. ill; _ . . • References: ' Josh 541-282-4903 Ashland Property Management in regard to 51 Water St. • • • • Albert Gill 541-621-4016 • • GP Energy/Colvin oil and all pinnacle 360/Circle K locations • lalso clean the grease traps monthly for Louie's, Oberon's and Bar Juliet who all use this recycling area and would all give a reference if more are required. • • • • • • Rogue Grease Trap &Pumping • . . • Po Box 917,Talent, OR 97540 • • 541-621-1254 • • roguegreasetraps@gmail.com . a • EXHIBIT A • Invitation to Bid . . REGULAR GREASE TRAP CLEANINGS , ' I USED COOKING OIL COLLECTION AND RECYCLING BID SUBMISSION FORM The undersigned bidder submits this bid in:response to the City's Invitation to Bid(ITB) for Regular Grease Trap Cleanings.and Used Cooking Oil.Collection and Recycling released on October 24, 2022.The bidder warrants that bidder has carefully reviewed the ITB and that this bid represents bidder's. full response to the requirements described lathe ITB. The bidder further warrants that if this bid is accepted,the bidder will contract'with the City, agrees to the terms.and conditions found in the attached• agreement and ITB or has submitted terms and conditions acceptable to the City, and.will provide all necessary labor,materials, equipment, and other means required to complete the project in accordance with the requirements of the ITB and agreement. . Full legal name of company:. -/^ /Z G ute , 00c se. / Y�fp / u J1f Principle owner's'name: • /<' /e _AZ///7 7G2o/ h/o ra Business Address; CemZroi / Fwr1' -) oir ,q73679 State and location of O/2_gan i 70 2 d 7c/c I company headquarters: ��// Ce4rc4/ :,Lf o/( 9 7.5.09 Year business established: Q..10 .C) • • Telephone Number: (9?'/,_'/2 / r-..).2.CI" ' Fax Number: ' ' • Email Address: rodc-r e` Y`t�e ce�r"4' . )1�%� �� V /� V Authorized Signature: 7 ----_x'yL_ . Printed/Typed Name: ,, oz/47_< . • • . Title: 04117 er . • Date: //// E. ITB-Page 7of 16 EXHIBIT B •' L • ' Invitation to Bid REGULAR GREASE.TRAP CLEANINGS USED COOKING OIL COLLECTION AND RECYCLING • FEE SCHEDULE • Please note: Weekly service is preferred. However,the City would like to.consider cost options for services to be performed weekly (52x per year) and every other week(26x•per year). COST Comments SERVICES Frequency/Qty (Per Service Call) .-r ):1‘ /'4o retove 1',1 tit #1: Cost to clean • " grease trap and clean floor 4 j I Sa° 00 ` re44.c cv,d forT,o • 1 in area designated for the ix Weekly e v�eGse- rypa . (52x per year) -eert'rg•1 e 741'irc'e is • collection of used cooking f'l ccaec- -Par 0, 1 tp' . oil (16-1/2' x 7') . 8rtase Ar p. Option#2: Cost to clean . dt Jsc t co • '1roc' `'- grease trap andclean floor Every other week . Ct.pave-2 in area designated for the • (26x per year) ' collection of used cooking • oil (16-1/2' x 7') • . . • yy Cost for an additional 1 isa 00 JAS it'P Cot f(f'd r grease'trap cleaning•(This 5�r�i „ SY,�y;� • would be in addition to the • ix,—if requested 4 1.50,6° �, 421. 3 •weekly regular grease trap by the City -Pee .)-g rce'of r�r& e to`'1 z..'7cy /e e , cleaning—if requested by c`j'dp t fs the City.) • . • Cost per gallon _ Afy4 �/ • Cost or Credit for the. • 4 collection of recyclable . . ceri74s per 6,c//o� q...5' cents �per;•6a///,� • used cooking oil Credit per gallon t-loc jci lions or mor-e /-'.ander loo 6 of'/Ions. pc r W.e,eJ(', per ti-,eee • Cost to dispose of non- Coster gallon or �G • aS ' pp 5 recyclable used cooking UOM • ' • oils i.eDate: / // / aZ-�Bidders name: g f � •1TB - Page 8 of 16 . Oil &.Grease Trap Bid: 11/1/22 Rogue Grease Trap &Pumping - • Starting clean up: As a fresh starting place for a new company to maintain and provide the used oil and grease trap service, a major clean will be necessary to get this area into'a manageable state. • Once the current containers on site are removed, I could come in with a vac truck and a high heat pressure washer to deep clean the grease and debris that have built up in this area. As the area was being pressure washed,the water would be getting pushed into the grease-rap to keep it from seeping outside of the recycling area. At thesame time the vac truck would be. pumping-the grease trap and removing all the waste to be hauled off and disposed of at the White City Lagoons. The high heat pressure washer will eliminate the need for degreaser or chemicals. I would charge $1,000 dollars for this process. • • • • Rogue Grease Trap& Pumping Po Box 917,Talent,OR 97540 541-621-1254 roguegreasetraps@gmail.com 3 L. . CONFAB • . Standard Grease Bin :,.,• 4' • t ;(1. a o...,7,,0',,, "'F -'Tr 4.. °°?., tart. f 5t y 4 .4 6 F Y 7 t.i4:::, "7 i- t� .1. 9 ( , q4—w x'••:7,1 'r .:2,' ' O O 4.,441.7 '• 4. 7,',,,:14;4.."', 5. E 5t-•.1. ...',,,4;s••37 ".;;;;;"?2'"1":4N ' j 2 r L:': `. ..R• r ' } �{ at,l,4r;•. ,: wa ql • fU.�� ;( :n '`.•4•-!:• Yt{ ,-Wit.- =k�7 •-• - :o�1`L k•f = 1 '� •••.,,,5,77...,q1{ii• r 3$1'9:-..L,,,S•!., B-' ,M �TM:�y��y.�� i k`, iz arvt T4 'PC-:;'17;:. L 1 ' �r 3� � a 7 < • IL2 c{f a- ''i i{,a j l yrtta. V 4 -,;.; trsaigi�.E M it,' Y; bl I. 14, f h tx.4 def ,Y�f y�y-�i"'j,.-FY.tiI n 7.. Pt rt q'fiy{t4 s r-01 # j 1+4, 4 , ^ 2 I L 1 !± s, E ?t•it)14.112d6:4:4.1.:;•42,4.' 74i u.6,:.7 �X-.7 ;',,4 L" 7;w t' ¢ t,.„`•43 eta s>••";'" P. r i r ,,t -_a•-k. ',' y`•• .-.fi' amt•S•Z may,D' _.. . —LL., .5k` •d .. 3 r 1. ' SAFE, .SECURE HANDLING • �s'tg-` - -., ''-, These standard grease bins are safe and secure for handling restaurant grease r' collection, used motor oil collection as well as'many other uses. tid • 14 GA steel construction. No plastic•fire hazard r.:'....•:, Hinged steel lid for secure containment and easy access f:''" Lockable grate for safety and Theft prevention : ' Lockhousing cover for added security ' f;!:".1..-`-'; - Y • Full inseam weld (watertight) ;•ky '':l Every unit is hydro static tested fo • r leaks _,u ,vi.-..1"c,,-...•..--.'•,',1. Exterior(including bottom) painted with primer and your choice of standard color i'.....'2-— .44,,:e.,-..,:_.‘; • , with alkyd enamel paint. Some colors may be extra. Stock color is black ;. • 2:7 GA steel skids at bottom for stability • • ` f __~ Standard one year parts and labor warranty ' ,.• 'Y • Available in 89, 134,209 &314 gallon' • Available Options include: k.i.' 15 • 1/4" steel caster reinforcement plates (not available on 89 gallon size) • 41 • Sturdy 3X2 Phenolic Casters,2 rigid, 2 swivel with QRCP (not available on 89 ,n • ; gallon size) - • t ` „> ' �; ! • Choice of perforated grate or bar grate model • • Choice of 1"or 2"spacing on bar grate model • • • Heat tubes for warming product in cold climates• • Lockable hasp on lid for additional security • 8613 Mulberry Avenue • ' ID weld for positive identification of each unit _ Fontana, CA 92335 - 800.635.8335 con-tab corn