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HomeMy WebLinkAbout2015-063 Contract - Four Seasons Nursery - Contract for. GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Four Seasons Nursery ASHLAND CONTACT: Tim Elbert (tim@fourseasonsnurseryonline.com) 20 East Main Street Ashland, Oregon 97520 ADDRESS: 5736 Crater Lake Ave., Central Point, OR 97502 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-5603 or 541-261-7644 DATE AGREEMENT PREPARED: February 23, 2015 FAX: BEGINNING DATE: February 23, 2015 COMPLETION DATE: November 16, 2015 COMPENSATION: $14,000 ($250 per basket for a total of 56 baskets includes maintenance) plus $2,800 for the cost of 56 brackets. Total: $16,800 GOODS AND SERVICES TO BE PROVIDED: see attached scope of work ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or 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 work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, 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 losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in art, effective upon deliver of Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 1 of 6 written notice to Contractor, or at such later date as may be established by City under any of the following conditions- i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of 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 City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile surance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 6 including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: Cit,of Ashland By By L, « t. Signature `Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with / -7 - g the signed contract. Purchase Order No. l i Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. -/5 Co ractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the ~r Consumer Price Index) . - . , portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 6 Scope of Work Four Seasons Nursery The City of Ashland and Four Seasons Nursery have agreed upon hanging 56 flower baskets in the downtown core beginning on or around May 1, 2015 (weather dependent) and ending on November 1, 2015 (weather dependent). Flower baskets will be hung with wrought iron hangers that are connected to the light poles with band clamps. The baskets will be hung approximately 12.5' - 13' from the ground. 1) Provide and install 56 black banded iron brackets for hanging flower baskets. The City will pay for the brackets separately and own the brackets. Four Seasons will order and install the brackets on 28 City-identified cobra light poles. 2) 56 baskets will be planted with Mix #4 or similar as described here: http•//fourseasonsnurseryonline.com/hanging-baskets. The circumference of each basket will be 18". 3) 56 baskets will be installed and watered daily including weekends by Four Seasons Nursery. The City will provide daily access to a fire hydrant or B Street yard for Four Seasons Nursery to fill their 300 gallon water truck. 4) Flowers baskets will be maintained weekly with trimming, fertilizing as needed etc. 5) The flower baskets will hang from on or around May 1, 2015 through October 31, 2015. 6) Four Seasons Nursery will replace any baskets of flowers that die during the May through October time period. If a replacement is not available the City will not continue to be responsible for the maintenance costs. Once the baskets are hung they are the sole responsibility of Four Seasons Nursery. Four Seasons Nursery will remove the baskets and Hangers on or near November 1, 2015 depending on weather. Baskets and hangers will be stored by Four Seasons Nursery for the following year. Brackets will remain hanging on poles. Costs: 56 banded brackets at $50 per bracket is $2,800 56 flower baskets at $250 per basket is $14,000 The City will pay $2,800 once the brackets are installed and will pay a monthly maintenance fee of $2,333.50 beginning May 1, 2015 and each month thereafter with the final payment due no later than November 1, 2015. If the baskets are hung later than May 1, 2015 the contract will extend the November date to fulfill the six month contract. ACC?RL?~ CERTIFICATE OF LIABILITY INSURANCE DATE(M*DDNYYY) 0310612015 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 CONTACT John Eliot NAME: John Eliot(7301513) PHONE Extl, 541-476-6868 A1C No: 866-476-8020 134 NW E St EA corn INSURERS AFFORDING COVERAGE _ I NAIC # Grants Pass OR 97526-2010 INSURER A: Truck Insurance Exchange 21709 INSURED INSURER B : Farmers Insurance Exchange 121.65.2_ FOUR SEASONS NURSERY - INSURER c : Mid Century Insurance Company 21687 5736 CRATER LAKE AVE INSURER D : i INSURER E CENTRAL POINT OR 97502 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. INSRI ~AODL SUBRI ! POLICY EFF POLICY EXP 1 LTR I TYPE OF INSURANCE INSR I WVD I POLICY NUMBER - MM1DDlYYYY MMIDD/YYYY i LIMITS GENERAL LIABILITY ! EACH OCCURRENCE $ 2,000,000 UAMAGE TO RENTED f XMMERCIAL GENERAL LIABILITY •i PREMISES (Ea occurrence) 5 75,000 B CLAIMS-MADE OCCUR 1 MED EXP (Any one person) •I 5 5,000 034897151 , 03128/2015 03/2812016 ! PERSONAL &ADV INJURY ! $ 2,000,000 - GENERAL AGGREGATE 4,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY 17 PRO- I LOC $ I AUTOMOBILE LIABILITY OBINED SINGLE LIMIT CEaM accident 2,000,000 ANY AUTO 'ii BODILY INJURY (Per person) $ ALL OWNED SCHEDULED B AUTOS I AUTOS 034897151 03/28/2015 03/2812016 BODILY INJURY (Per accident 1 $ ~ I 1 I ) AUTOS X NON-OWNED I PROPERTY DAMAGE ( HIRED ~ I AUTOS I (Per accident) $ i I$ UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ _ JI EXCESS LIAB CLAIMS-MADE' I AGGREGATE ! $ ` DED RETENTIONS WORKERS COMPENSATION WC STATU- 0TH- J AND EMPLOYERS' LIABILITY Y / N iI N A l TORY LIMITS ( ER ;'ANY PROPRIETOR/PARTNE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUD RED?fEXECUTIVE (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under j DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 5736 CRATER LAKE AVE, CENTRAL POINT, OR 97502 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. AUrHOi{`U"EPRESENTATI VE S ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF L&A&A-1 ASH LAND DATFPO NUMBER ,20 E MAIN ST. 3/18/2015 12779 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019320 SHIP TO: City of Ashland FOUR SEASONS NURSERY INC (541) 488-6002 5736 CRATER LAKE AVENUE 20 E MAIN STREET CENTRAL POINT, OR 97502 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept Req. Del. Date: Contact: Ann Seltzer Special Inst: Confirming? No Quantity Unit Description "Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER 56.00 Each Installation & Maintenance 250.00 14,000.00 56 FLOWER BASKETS Downtown core area, seasonal May 1 st to November 1 st (weather dependent) 56.00 Each Contractor to provide and install 56 50.00 2,800.00 black banded brackets. City to pav for the brackets separately and own the brackets. Contract for Goods and Services Beqinninq date: February 23, 2015 Completion date: November 16, 2015 SUBTOTAL 16 800.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 16,800.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 110.01.02.00.60410 E 000467.999 14 000.00 E 110.01.02.20.60410 2,800.00 Authorizeoignature I ~~S- VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Da o request: (~6z Required date for delivery: Vendor Name ' - t Address, City, State, Zip - Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findiVatt AatFiorizatio ~y ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal ach ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Whtten quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to 1001000 ❑ Written quote or proposal attached Agency (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PE SONAL SERVICES El Special Procurement Intergovernmental Anreement $5,000 to $75,000 ❑ Agency ❑ Form #g, Request for Approval Date original contract approved b Council: ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached by ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost ~AJW Item # Quantity Unit Description of MATERIALS Unit Price Total Cost -37 Iy e~o TOTAL COST ❑ Per attached quotelproposal $ 11 Project Number Account Number/ L~-Ql-VOLVd-&411[QC~ 6,0 Account Number Account Number)JO - kJz - a o_ o Ql~ _afa 4a 6~ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. j ~i Employee: Department Head: (Equafto or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: 6 / NO 3M, - Finance Director- (Equal to orgreate an $5,000) Date Comments: Form #3 - Requisition February 23, 2015 Intermediate Procurement for 56 Hanging Flower Baskets Downtown 1) Four Seasons Nursery $300 - $330 per basket ($16,800 - $18,400) Four Seasons can meet all the requirements. 2) Carols Colors Phone: (541) 535-7074 Greg Williams called and declined to bid on the project. They could provide the flower baskets but not the daily watering or weekly maintenance. 3) Ashland Greenhouse: (541) 482-2866 Kelly called and declined to bid on the project. They could provide the flower baskets but not the daily watering or weekly maintenance. Requirements (sent via email) 1) Provide and install 28 double arm band clamp brackets for hanging baskets 2) Provide and install 56 baskets of cascading flowers May through October 3) Provide daily watering, weekly fertilizer, dead heading 4) Remove baskets at the end of October Ann Seltzer From: Ann Seltzer [seltzera@ashland. or.us] Sent: Wednesday, February 18, 2015 8:48 AM To: valri@carolscolors.net Subject: Hanging Flower Baskets City of Ashland Attachments: 021715_Cobra_Downtown_Map_Atch 1. pdf Hi Val, Attached is the map of the cobra light poles. The ones that are highlighted in yellow are the ones we've identified as locations for the baskets. These are the requirements: 1) Provide and install 28 double arm band clamp brackets for hanging baskets 2) Provide and install 56 baskets of cascading flowers May through October 3) Provide daily watering, weekly fertilizer, dead heading 4) Remove baskets at the end of October Many thanks, Ann Ann Seltzer, Management Analyst City of Ashland 20 East Main Street, Ashland OR 97520 (51L)_552-2106 or (541 488-6002, TTY 800-735-2900 ' FAX: (541) 488-5311 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2316. Thank you. 1 Ann Seltzer From: Ann Seltzer [seltzera@ashland.or.us] Sent: Wednesday, February 18, 2015 8:54 AM To: kelly@ashlandgreenhouses.com Subject: Hanging Flower Baskets City of Ashland Attachments: 021715_Cobra_Downtown_Map_Atch 1. pdf Hi Kelly, I just spoke with Jennifer who asked that I send the following information. The City of Ashland is seeking a proposal to install and maintain hanging baskets in downtown Ashland. Attached is a map of the light poles. The ones highlighted in yellow are the ones identified as suitable for hanging flowers. Here are the requirements: 1) Provide and install 28 double arm band clamp brackets for hanging baskets 2) Provide and install 56 baskets of cascading flowers May through October 3) Provide daily watering, weekly fertilizer, dead heading 4) Remove baskets at the end of October Many thanks, Ann Ann Seltzer, Management Analyst City of Ashland 20 East Main Street, Ashland OR 97520 (541) 552-2106 or (541) 488-6002 TTY 800-735-2900 FAX: (541) 488-5311 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2316. Thank you. 1 i Ann Seltzer From: Tim Elbert [tim@fourseasonsnurseryonline.com] Sent: Friday, December 12, 2014 11:09 AM To: 'Dave Kanner' Subject: RE: Hanging baskets in Ashland Dave It's great that you are considering a hanging basket program for your downtown area. As I am sure you know, the hanging baskets in Central Point and Eagle Point have garnered more positive comments than anything else the cities have done to beautify their downtown. Our hanging basket program includes the hanging and removal of the baskets as well as all the maintenance. We feed regularly with a water soluble fertilizer and spray weekly as needed for the petunia budworms with an all natural, organic spray. We retain ownership of all hardware and maintain or replace if needed. if there is work to be done on a pole, we ask for 3 day or more notice and we will remove and/ or relocate the basket. When the season is over we take them down, compost the soil and foliage and retain the hardware for next year. The baskets are hung the first week of May and removed the first week of November (weather permitting). There is the option of going with a 5 month program in which we remove the baskets the first week of October. I can quote you that option if you would like as well. I ran the numbers two ways - with Talent and Phoenix and without: With Phoenix and Talent: (minimum 40 baskets between them) $300/ basket, 56 baskets = $16,800 Separate from Phoenix and Talent: $330/ basket, 56 baskets = $18,480 If I can answer any questions or if you would like me to explain the program to your council, let me know. Thanks for the consideration, Tim Elbert - Four Seasons Nursery 5736 Crater Lake Ave Central Point, OR 97502 541-779-5603 phone 541-830-8985 fax www.fourseasonsnurseryonline.com w__.~........... w...............d..~.__ From: Dave Kanner [mailto:dave.kannerCaashland.or.us] Sent: Thursday, December 11, 2014 3:59 PM To: tim fourseasonsnurseryonline.com Subject: Hanging baskets in Ashland Hi Tim - Per our conversation this afternoon, I'd appreciate it if you could give me a ballpark estimate for hanging and watering flower baskets on our downtown lampposts next spring/summer, similar to what you currently do for Central Point. We have, 28 lampposts downtown (give or take a few), and assuming two baskets on each lamppost, that would be 56 baskets. I have no commitment from my Council to go forward with this, although they've seen the baskets in Phoenix and are curious about cost to do it here. Thanks for your help. Regards, i Dave Kanner, City Administrator City of Ashland 20 East Main Street, Ashland OR 97520 (541) 552-2103 or (541) 488-6002, TTY 800-735-2900 FAX: (541) 488-5311 This email is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error, please let me know. Thank you. 2 Ann Seltzer From: Tim Elbert [tim@fourseasonsnurseryonline.com] Sent: Wednesday, February 04, 2015 8:16 AM To: 'Ann Seltzer' Subject: RE: hanging flower baskets in Ashland See below... From: Ann Seltzer [mailto:seltzeraCd)ashland.or.us] Sent: Tuesday, February 03, 2015 10:39 AM To: timafourseasonsnurseryonline.com Subject: hanging flower baskets in Ashland Hi Tim, My name is Ann Seltzer and our City Administrator Dave Kanner has asked me to contact you with further questions about the hanging basket program. Listed below are some additional questions. Thanks in advance for taking the time to respond. Feel free to call me if you prefer to explain it to me on the phone rather than email! 1) If the City purchase the brackets and installs them what is the cost of the brackets and what does the cost per flower basket, maintenance and watering become? We're asking this question because we may be able to use some restricted funds to pay for the brackets which can't be used to pay Four Seasons for brackets, flowers and watering. We supply the brackets no charge however they remain our property. If you want to purchase them they are $49 each. 2) How often do you water? Every day unless there is sufficient rain. That means weekends and holidays too. 3) Where do you fill up your watering truck with water? In other words, would you be driving to Ashland with a full truck of water or would you fill the truck in Ashland? We ask to fill our tank in your city. This keeps the cost down. Because we do this at our cost, there really is no wiggle room in price so if we have to pay for water we have to add that into the price. We ask for permission to use a fire hydrant near the beginning of our route that we can use without blocking traffic. 4) Can the brackets be used on utility poles? The council is considering adding hanging baskets to another area of town but the poles are all utility poles (telephone poles). Yes, we use large stainless band clamps (pipe clamps) - 2 per bracket. We can provide them if you need. 5) How soon does Ashland need to commit to Four Seasons in order for them to be hung in early May? ASAP - we are taking orders now through the end of the month. Later orders will still be accepted however they may not be available for the first week of May. Starting a maintenance program for Ashland is exciting for us. We are looking forward to it but there are a few challenges to overcome. We may need to purchase more equipment and hire more drivers so please give us as much notice as you can so we can begin those processes. 6) You gave an estimate per basket ($300 - $330). We're looking at about 56 baskets and possibly more. Will there be additional monthly charges on top of that total? There are no other charges. We hang, water, fertilize, spray (all natural, non toxic to humans and animals) and remove them at the end of the year. We store the hardware for next year and compost the rest. If you need one of the baskets moved temporarily (workers need access to the pole, etc.) we will remove, store and re-hang the basket at no additional charge. If one or more baskets does not make it the full 6 months, we will replace it at no charge if we have them in stock or remove it. If we remove it you do not pay for any more charges for that basket from that point on. If possible can you respond by Monday, February 9? Sorry to rush you but I need the answers so that I can prepare a report for the Council and meet their deadline. No problem. If you have more questions, call me at the store 541-779- 5603 or on my cell 541-261-7644. Many thanks in advance for taking the time to answer these questions. Ann 1 Ann Seltzer, Management Analyst City of Ashland 20 East Main Street, Ashland OR 97520 (541) 552-2106 or (541) 488-6002, TTY 800-735-2900 FAX: (541) 488-5311 NOTICE: This email transmission is official business of the City of Ashland, and is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541-552-2316. Thank you. 2