HomeMy WebLinkAbout2008-114 Contract - Evergreen Job & Safety
REQUISITION
CITY OF
SHLAND
No. PW - FY 2007
Department Public WorbI Electric
Vendor EVERGREEN JOB It SAFElY TRAINING
309 KNOCH AVENUE
SUSANVIU.E CA 96130
Account No. 410.08.24.00.610400
690.11.18.00.606400
691.02.47.00.606400
o.e FcInary 8, 2007
Requested Ddivery Date ASAP
Ddiver To DAWN LAMB
V. PAULA BROWN
. So-h (*.. "-'... _..4....) lwCl(2)....... ""'CIl"''''
3 7 .S% ....., aried in ..... IIIdlppnllilnlllll1 two (2) ....... ClII........jobI.)
12.S%
Item No. ~ Ullit
~
OSHA required safety traiDing for die Electic, AFN It
Public Worb departments.
RFP term is for IDDU8l renewals r- 2007 to 2010
cost sheet attached for rd"eraace
FY07 - PW 518,220.80; ElelAFN"St8,657.60 5
FY08- PW ~18,949.68; Elo'AFN $19,403.88 5
FY09- PW 519,707.72; Elo'AFN 120,180.04, 5
TOTAL 5
o.
'Vl,.. ~ ~"Ic-R f _of!)
5 36,878.40
for K.Iri:
BID IRFP I EXEMPT:
Contract Start Date:
CoaInct Comp1etioD Date:
IDsurmcc on file:
. No:
RPP
".ru..,. 2lI, 2007
Fcb-08
~ :YES I NO
~22
Job No.
Unit No.
....,...,............. ~.... CIpIIIIila.
of............... ......
Issued By Date Received By
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CONTRACT
Contractor services contract made on the date specified below in Recital A between the City and
Contractor as follows:
Recitals:
A. The following infonnation applies to this contract:
CITY: CITY OF ASHLAND
City Hall
20 E. Main St.
Ashland, Oregon 97520
(541) 488-6002
FAX: 541 488-5311
Contractor: EVERGREEN JOB & SAFETY TRAINING
Address: 309 KNOCH AVENUE
SUSANVILLE CA 96130
Telephone: 530/257-7812
FAX: 530/257-8266
Date of this agreement: ~ B: RFP date: December 4, 2001 ~ 11?-
Februa 18, 2007 Pro al date: Janua 12, 2007
3.2. Contractin officer. PAULA C. BROWN, PE
& Public Works De rbnents
7.1. Contractor's re resentative: Dou Lindstrom
~ 9.3. Maximum contract amount: NTE $37,000.00 for FY07 ~ ~,~
oSu ~ A74. f"1tJ' ~ P1o-.:>
B. On the date noted above, City issued a request for proposals (RFP) for rk needed by City
for the project described above. Contractor submitted a proposal in response to the RFP on the
date noted above.
C. After reviewing Contractor's proposal and proposals submitted by other offerors, City selected
Contractor to provide the services covered by the RFP.
City and Contractor.agree as follows:
1. RelationshiD of Contract Documents: In response to the RFP, Contractor submitted a
proposal which included a scope of services attached as Exhibit A. Except as provided in
paragraph 1.1, in the event of any inconsistencies in the terms of this contract, the RFP or the
Contractor's proposal, this contract shall take precedence over the RFP which shall take
precedence over the proposal.
1.1. Exceptions: none
2. Duration. This Agreement shall be effective upon approval and execution by both
City of Ashland and the Consultant. The tenn of this Agreement shall tenninate after the
expiration of one year from the date of execution by both parties, unless administratively
extended in writing as provided for herein. The City of Ashland Public Contracting Officer or
Public Works Director may extend this Agreement by twelve (12) months by indicating in writing
to the Consultant that an extension of the Agreement is sought under the same tenns and
conditions of this Agreement. The extension shall be effective upon receipt of a document from
PAGE 1-CONTRACT
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an authorized representative of the Consultant that the Consultant agrees to the extension under
the same terms and conditions. Only one twelve month extension is permitted administratively.
2. Relationshio between Clv and Contractor: Contractor accepts the relationship of trust and
confidence established between Contractor and City by this contract. Contractor covenants with
the City to perform services and duties in conformance to and consistent with the standards
generally recognized as. being employed by professionals of Contractor's caliber in the locality of
the project. Contractor further covenants to cooperate with City, City's representatives,
contractors, and other interested parties in furthering the interests of City with respect to the
project.
3. Definitions: Generally wards, terms and phrases used in this contract shall have the meaning
ascribed to them in the construction industry, unless the context clearly indicates otherwise. As
used in this contract:
3.1. "City" means the City of Ashland, Oregon.
3.2. "Contracting oflcer" means the person specified in Recital A above or that person's
designee.
3.3. "Project" means the project described in Recital A.
3.4. "Work" or "SeMces" shall mean all labor, materials, plans, specifications, opinions,
reports, and other services and products which Contractor is required to provide under this
contract.
4. Term: The term of this contract shall commence on the date specified in Recital A above and
end on completion of all services required by this contract unless sooner terminated as provided
in this contract. The term may be extAnded by mutual agreement of the parties for no more than
three years.
5. Authority of Contractina Officer: The contracting officer shall have the authority to act on
behalf of City in the administration and interpretation of this contract. The contracting officer shall
have complete authority to authorize services, transmit instructions, receive information, interpret
and define City's policies and make other decisions with respect to Contractor's services.
6. Services: Contractor shal provide services to City that are described in the RFP and the
proposal.
6.1. In connection Mth ~e services described in the RFP, Contractor shall:
6.1.1. Consult appropriate representatives of City to clarify and define
City's requirements relative to the services.
6.1.2. Review available data relative to the services.
6.1.3. Identify data which is not available and is needed to fulfill the
services, and ad as City's representative in obtaining such data.
6.1.4. Prepare monthly progress reports to the contracting Officer on the
status of services.
6.2. Contractor sha. commence performance of services within five days after receiving
written authorization from the contracting officer for work described in the RFP. Contractor shall
perform the services as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. Upon request of City, Contractor shall submit for City's approval,
a schedule for the performance of work elements described in the RFP. Each schedule shall
PAGE 2-CONTRACT
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Iii
include allowance for periods of tiIIle req'*-i for City's review and approval of Contractor's
services. Each schedule, approved by Ci~~ shan become a part of this contract.
6.3. Contractor shall perfonn the services as an independent contractor in accordance
with, generally accepted standards in Conk8ctor's profession. Contractor shall be responsible for
the professional quality, technical accura~ and the coordination of all services performed by
Contractor. Contractor shall, withautaddilonal compensation, correct or revise any error or
deficiencies in the services that ale caused by Contractor's negligence. City's review, approval,
acceptance of, or payment for, any of the services shall not be construed to waive any of City's
rights under this contract or of any cause of action arising out of Contractor's services. In the
event of any breach of this contrad by Contractor or negligent performance of any of the
services, City's cause of action against Contractor shall not be deemed to accrue until City
discovers such breach or negligel'Ee, or should have, with reasonable diligence, discovered
such breach or negligence. The pweceding sentence shall not be construed, however, to allow
City to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
7. Assianment of Contractor's Personnel:
7.1. The services covered by this CIDI'1tract shall be rendered by, or under the supervision
of the person specified in Recital A above. who shall act as Contractor's representative in all
communications and transactions with Ci~.
7.2. Contractor will endeavor to honor reasonable specific requests of City with regard to
assignment of Contractor's empl0J88s to perform services if the requests are consistent with
sound business and professional pt'8ctices.
8. Resoonsibilities of City:
8.1. City will cooperate fully with Contractor to achieve the objectives of this contract.
8.2. City will provide information, documents, materials and services that are within the
possession or control of City and are required by Contractor for performance of the services.
8.3. City will arrange for access to, and make all provisions for Contractor to enter upon,
public and private property as required for Contractor to perform the services.
8.4. City will provide all permits necessary for completion of the project.
8.5. The contracting officerwill act as liaison between City, Contractor, public agencies,
and others involved in the project.
9. Pavrnent:
9.1. City shall pay Contractor for services and reimburse Contractor for expenses
incurred by Contractor in performance of services in accordance with a payment schedule to be
submitted by Contractor and accepted by City. No reimbursement will be made for expenses that
are not specifically itemized in this payment schedule without prior approval by the contracting
officer.
9.2. Contractor shall submit monthly invoices to City for Contractor's services within ten
days after the end of the month covered by the invoice.
PAGE 3-CONTRACT
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9.3. Total payments under this contract or any amendments shall not exceed the sum
specified in Recital A above.
10. Comoliance with Law:
10.1. This contract will be governed by and construed in accordance with laws of the
State of Oregon. Contractor shall promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City and city governments with
respect to the services including, but not limited to, provisions of ORS 2798.220, 2798.225,
2798.230, 2798.235, ORS Chapter 244 and ORS 670.600 are made part of this contract.
10.2. Pursuant to ORS 279C.520(2) any person employed by Contractor who performs
work under this contract shall be paid at least time and a half pay for all overtime in excess of 40
hours in anyone week, except for persons who are excluded or exempt from overtime pay under
ORS 653.010 to 653.261 or under 29 U.S.C. Sections 201 to 209.
10.3. Contractor is a "subject employe.... as defined in ORS 656.005 and shall comply
with ORS 656.017. Prior to commencing any work, Contractor shall certify to City that Contractor
has workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide City with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide City with a certification from the Oregon
Department of Insurance and Finance as evidence of Contracto"'s status .1"'1 N1- R.A
10.4. If the amount of this contract is $~ &,988 ur more, Contractor IS required to comply
with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this
chapter, to all employees performing work under this contract and to any subcontractor who
performs 50% or more of the service work under this contract. Contractor is also required to post
the attached notice predominantly in areas where it will be seen by all employees.
11. OwnershiD of Documents: All documents prepared by Contractor pursuant to this contract
shall be the property of City. To the extent permitted by law, City shall, within the limits of the
Oregon Tort Claims Act, defend, indemnify and hold harmless Contractor, its Contractors,
agents and employees against all damages, claims, expenses and losses arising out of any
reuse of plans, specifications and other documents prepared by Contractor without prior written
authorization of Contractor.
12. Records:
12.1. Contractor shall develop and maintain complete books of account and other
records on the services which are adequate for evaluating Contracto"'s performance. Contractor
shall maintain records in such a manner as to provide a clear distinction between the
expenditures and revenues related to the project and the expenditures and revenues related to
Contracto"'s other business.
12.2. Contracto"'s books and records shall be made available for inspection by City at
reasonable times, to verify Contracto"'s compliance with this contract. City shall have the right to
request an audit of Contracto"'s books and records by a certified public accountant retained by
City .
13. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or otheroexpenses resulting from injury to any person (including injury resulting in death,) or damage
to
property (including loss or destruction), of whatsoever nature arising out of or incident to the
negligent performance of this contract by Contractor (including but not limited to, the negligent
PAGE 4-CONTRACT
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acts or omissions of Contractor-s employees, agents, and others designated by Contractor to
perform work or services attendant to this contract). Contractor shall not be held responsible for
any claims, actions, costs, judgments, damages or other expenses, directly and proximately
caused by the negligence of City.
14. Insurance:
14.1. Contractor shall, at its own expense, at all times during the term of this contract,
maintain in force:
14.1.1. A comprehensive general liability policy including coverage for contractual
liability for obligations assumed under this contract, blanket contractual liability, products and
completed operations and owner-s and contractor-s protective insurance;
14.1.2. A professional errors and omissions liability policy; and
14.1.3. A comprehensive automobile liability policy including owned and
non-owned automobiles.
14.2. The coverage under each liability insurance policy shall be equal to or greater than
the limits for claims made under the Oregon Tort Claims Act with minimum coverage of
$500,000 per occurrence (combined single limit for bodily injury and property damage claims) or
$500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage.
14.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made"
coverage will not be acceptable, except for the coverage required by subsection 13.1.2.
14.4. Contractor shall submit certificates of insurance acceptable to the City with the
signed contract prior to the commencement of any work under this agreement. Each certificate
shall state that coverage afforded under the policy cannot be cancelled or reduced in coverage
cannot be made until at least 30 days prior written notice has been given to City. A certificate
which states merely that the issuing company "will endeavor to mail" written notice is
unacceptable.
15. Default:
15.1. There shall be a default under this contract if either party fails to perform any act or
obligation required by this contract within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the
ten day period and thereafter proceeds Y(ith reasonable diligence and in good faith to effect the
remedy as soon as practicable.
15.2. Notwithstanding subsection 15.1, either party may declare a default by written
notice to the other party, without allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this contract.
15.3. If a default occurs, the party injured by the default may elect to terminate this
contract and pursue any equitable or legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
15.4. Any litigation arising out of this contract shall be conducted in Circuit Court of the
State of Oregon for Jackson County.
16. Termination without Cause:
PAGE 5-CONTRACT
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16.1. In addition to the right to terminate this contract under subsection 15.3. City may
terminate by giving Contractor written notice within thirty days after execution of the contract or
within sixty days prior to the termination date.
16.2. In addition to the right to terminate this contract under subsection 15.3. Contractor
may complete such analyses and records as may be necessary to place its files in order and.
where considered necessary to protect its professional reputation. to complete a report on the
services performed to date of termination.
16.3. If City terminates the contract under subsection 16.2. Contractor shall be paid for all
fees earned and costs incurred prior to the termination date. Contractor shall not be entitled to
compensated for lost profits.
17. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail. or by any other manner prescribed by law.
17.1. Notices to City shall be addressed to the contracting officer at the address provided
for the City in Recital A above.
17.2. Notices to Contractor shall be addressed to the Contractor's representative at the
address provided for the Contractor in Recital A above.
18. Assianment: City and Contractor and the respective successors. administrators. assigns and
legal representatives of each are bound by this contract to the other party and to the partners.
successors. administrators, assigns and legal representatives of the other party. Contractor shall
not assign or subcontract Contractor's rights or obligations under this contract without prior
written consent of City. Except as stated in this section, nothing in this contract shall be
construed to give any rights or benefits to anyone other than City and Contractor.
19. Modification: No modification of this contract shall be valid unless in writing and signed by
the parties.
CONS~
BY _
Fed. 10# '~-OYCofSolb3
CITY
BY A'M..;L..tf'c Cl--" / ~ 1/q
BY ~ TO CONTENT
~ City Department Head
Da e: U~
BY
Date:
PAGE 6-CONTRACT
Coding: F 0 tJ 71!?J ~ ;2--'
(for City use only)
FY 07-06 .
'f=' w 7' ~ t? t) e ::z- ~ 0 tJ 6 / tJ ~t9<J
E(~ ~t9(j 1'/'1'9 O~ 61.76 4JoO
Ar/\/ ~~I (7;1 i/'7C10 6~6 400
G:\pub-wrks\eng\dept-edmln\ENGINEER\PROJEC1'\2ClOnJ6-22 Evergreen Contract 2 07.doc
G. Cost of Services
ELEcrRIC DEPARTMENT
Twelve (12) Programs presented on one day per month.
July 1, 2006
Basic Rate (or 16 - 20 emDlovees and twelve (12) Programs:
Yearly Total at $1,518.40 1 Program for twelve (12) Programs:
Monthly Billing:
$ L518.40 / ProIJl"8Dl
$ 18.220.80 / Year
$ 1.518.40 / Month
The above rates are subject to a 4% annual increase set forth as follows:
July 1, 2007
Basic Rate (or 16 - 20 emplovees and twelve (12) Programs:
Yearly Total at $L579.14/ Program for twelve (12) Programs:
Monthly Billing:
July 1, 2008
&sic Rate (or 16 - 20 emlJlovees and twelve (12) Programs:
Yearly Total at $1.642.31/ Program for twelve (12) Programs:
Monthly Billing:
$ 1.579.14/ Pro2ram
$ 18.949.68/ Year
$ 1.579.14/Month
$ 1.642.31/ Pro2l'8Dl
S 19.707.72/Year
oS 1.642.31/ Month
Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to
Evergreen supplying said materials.
PUBLIC WORKS DEPARTMENT
Twelve (12) Programs presented on one day per month.
July 1,2006
Basic Rote (or lID to 60 employees and twelve (12) Programs:
Yearly Total at $1,554.80 / Program for twelve (12) Programs:
Monthly Billing:
S 1.554.80 Promun
$ 18.657.60 / Year
$ 1.554.80 / Month
The above rates are subject to a 4% annual increase set forth as follows:
July 1, 2007
Basic Rote (or 16 - 20 emlJlovees and twelve (12) Programs:
Yearly Total at $1.616.99/ Program for twelve (12) Programs:
Monthly Billing:
July 1, 2008
Basic Rate (or 16 - 20 emplovees and twelve (12) Programs:
Yearly Total at $L681.67/ Program for twelve (12) Programs:
Monthly Billing:
S 1.616.99/ Pro2ram
S 19.403.88/ Year
$ 1.616.99/ Month
$ 1.681.67/ Pro2ram
S 20.180.04/ Year
S 1.681.67 / Month
Cost of additional Employee Training Materials will be discussed and agreed to between Customer and Evergreen prior to
Evergreen supplying said materials.
Page 1 1 1
~..
...~
C I T Y 0 F CITY RECORDER
A~!:~~~D I
ASHLAND, OR 97520
(541) 488-5300
~".
7/1/2008
I I
,PaNS.&R.,
08361
VENDOR: 002071
EVERGREEN JOB & SAFETY
309 KNOCH AVE
SUSANVILLE, CA 96130
SHIP TO: Ashland Electric Department
(541) 488-5354
90 N MOUNTAIN
ASHLAND, OR 97520
FOB Point:
Tenns: Net 30 days
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: ELECTRIC
Contact: Scott Johnson
Confirming? No
THIS IS A REVISED PURCHASE ORDER
ELECTRIC DEPARTMENT
$1,642.31 Per Month
Electric 75%
AFN 250/0
PUBLIC WORKS
$1,681.67 Per Month
1,642.31
19,707.72
12.00 Mo
12.00 Mo
1,681.67
20,180.04
OHSA ReQuired Safety TraininQ FY 2009
Per attached contract dated Feb. 18,
2007
3-Year Contract - FY07, 08, 09
BILL TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
E 410.08.24.00.61040
E 690.11.18.00.60640
E 691.02.47.00.60640
.4(~ 7,iBd
orized Signature
VENDOR COPY
III T
CITY OF
ASHLAND
REQUISITION FORM
Date of Request: I 7/1/2008
THIS REQUEST IS A:
D Change Order(existing PO #
Required Date of Delivery/Service:
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
FVA(grAAn .Inh Ann ~AfAty
309 Knoch Ave
Susanville Ca 96130
Tel: (530) 257-7812 Fax: (530) 257-8266
Doug Lindstrom
Intermediate Procurement
D (3) Written Quotes
(Copies attached)
Sole Source
o Written findings attached
Coooerative Procurement
D State of ORNIA contract
D Other govemment agency contract
o Copy of contract attached
D Contract #
Written findings attached
Emeraency
o Written findings attached
SOLICITATION PROCESS
Small Procurement
D Less than $5,000
o Quotes (Not required)
DescrIption of SERVICES
OSHA required safety training for FY09. One meeting per month at $1,681.67 per
meeting.
Total Cost
Item" Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
Project Number _ _ _ _ _ _ - _ _ _
D Per attached QUOTE
Account Number 410.08.24.00.610400
.. Items and services must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately.
By signing this requisition form, I certify that the information provided above meets the City of Ashland public contracting requirements,
and the documentation can be provided upon request. ~
Employee Signature: ~ :.,,~~ · Supervisor/Depl Head Signature: ~ .
G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updatld on: 71112CX1J
--~-------~~-'--'---TTi--T-
CITY OF
-ASHLAND
REQUISITION FORM
THIS REQUEST IS A:
o Change Order(existing PO #
Date of Request: I 06-24-2008
Required Date of Delivery/Service: I
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
FVA(QrAAn Inh It ~s:lfpty
30Q Knnr.h AVA
SlJsanviller California 96130
Sole Soun:e
Written firdngs attached
Reauest for ProDOlaI
(Copies on file)
~ I ExemDt
Written findings attached
~Iate Procurement
(3) Written Quotes
(Copies attached)
State of ORIWA contract
Other govsnment agency contract
o Copy of contrad attached
o Contract #
Emeraencv
Written findings attached
Description of SERVICES
(lg. Per attached PROPOSAL OSHA required safety training FY 2008-2009
Electric 75%
AFN 25%
$19,4CJ~~"
Item" Qu8ntlty Unit
DescrIption of MATERIALS
Unit Price
Total eost
0 :rm:Nr",,"
Per attached QUOTE
Project Number ----- - . --- $
Account Number 690.11.18.00.606400 Electric 691.02.47.00.606400 AFN
. \ * Items and services must be charged to the appropriate account numbers for the financJals to reflect the actual expenditures accurately.
1 "
~ '1 By signing this tequisition form, I certify that the in "on provided abtNe meets the City of Ashland public contracting requirements,
and the documentation can _ provided u 8ISt.
Employee Slgnatu :
SupelVlsor/Dept. Head Slgnatu .
G: Finance\ProoecJuAMP\Fonns\8_Requisltlon fonn revised.doc
updated on: 6fl4t2008
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