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HomeMy WebLinkAbout2020-060 PO 20200420- Metal Masters Inc r I lY RtG0,RDLSiWei Purchase Order ,Ma Fiscal Year 2020 Page: 1 of: 1 Ea..�zra '-.=•310I�t je��7 = I1 71_7 IE16�A I 1.-1IEf � f uL� h, B City of Ashland ATT.:Accounts Payable. 20200420 L 20 E. Main ` Purchase • Ashland, OR 97520 Order# - T Phone:541/552-2010 0 Email: payable@ashland.or.us • VH C/O Facilities Maintenance Div METAL MASTERS INC l -90 North Mountain Ave N 3825 CRATER LAKE HWY p Ashland, OR 97520 MEDFORD, OR 97504 Phone: 541/488-5358 R TFax:541/552-2304 541 779-1049 — David Arnold _ r` ur[:1=_I =❑1 [ t 1�z�=1 ,)!1.— .t.-a=1 I It U —= i[�� NE 1 !L-i-_! -S -- _•_ - 05/11/2020 , 1709 FOB ASHLAND OR Cit Accounts_Pa able _. ;�1_ei--- --- -_- __. 1:r -t lig-i_rl ( `I ----_- - ----- -..,- --. `�.s111 ' -til: _. _��t�� is r_ HVAC Repairs 1 HVAC Installation and Repair for FY21 1 $2,500.0000 $2,500.00 Goods&Services Agreement Completion date: June 30,2021 _ Project Account: ***************GL SUMMARY*************** 082400-602400 $2,500.00 „) • • _-- /rte/ - - By: Date: Authorized Signature =L = - 2 500.00 1 (LLL , —(t FORM #3 • CITY OF A request for i PurchaseOrder ASHLAND REQUISITION tOO,o "Date of request: 4/28/2020 Required date for delivery: Vendor Name Metal Masters Address,City,State,Zip 3825 Crater Lake Highway.Medford.OR 97504 Contact Name&Telephone Number Lisa Stauffer 541-779-1049 lisa.staufferemetalmasters-inc.com Email address • SOURCING METHOD ❑ Exempt from Competitive Bidding 0 Emergency ❑ Reason for exemption: 0 Invitation to Bid 0 Form#13,Written findings and Authorization O AMC 2.50 Date approved by Council: 0 Written quote or proposal attached ❑ Written quote or proposal attached (Attach copy of council communication) If council a.'royal re.uired,attach co. of CC ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) ❑ Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# (Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 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 quotes and solicitation attached 0 Form#4,Personal Services>$5K&<$75K Agency PERSONAL SERVICES 0 Special Procurement 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 0 Form#9,Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed$35,000 0 Written quote or proposal attached City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals/written solicitation Date approved by Council: 0 Annual cost to City exceeds$25,000,Council ❑ Form#4,Personal Services>$5K&<$75K Valid until: (Date) approval required.(Attach copy of council communication) Description of SERVICES Total Cost HVAC Installation and Repair for FY21 $2,50000'., ° Item# Quantity Unit Description of MATERIALS Unit Price Total Cost • O Per attached quotelproposal '>`?TO.TAL=COST.• ,• Project Number _ _ _ Account Number 082400=602400 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that :City's public contracting requirements have been satisfied. Employee: ,27-� �i Department Head: �� I2o (E. :Ito or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES /NO , Deputy Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition • GOODS&SERVICES AGREEMENT PROVIDER: Metal Masters CITY OF PROVIDER'S �S H LAN D CONTACT: Lisa Stauffer 20 East Main Street Ashland,Oregon 97520 ADDRESS: 3825 Crater Lake Highway Telephone: 541/488-5587 Medford,OR, 97504 Fax: 541/488-6006 PHONE: 541-779-1049 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Metal Masters, a domestic business corporation("hereinafter"Provider"),for HVAC services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide HVAC services for FY21 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and,by this reference,incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a"claims made"form,and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Metal Masters 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055,in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS" 2.1 City shall pay Provider for its Work at the hourly rates and charges as set forth in Exhibit"X",entitled "Pricing"which is attached hereto and incorporated herein by this reference, as full compensation for Provider's performance of all Work under this Agreement. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$2,500 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220, 279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Metal Masters 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the 1 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 choiceof venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,,contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the,City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this.Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Price Sheet dated April 28,2020 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2021, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Metal Masters 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty(30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause,by not less than fourteen(14) days'prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested,postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland,Oregon 97520 Phone: (541)552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland,OR 97520 Phone: (541)488-5350 If to Provider: Metal Masters Attn:Lisa Stauffer 3825 Crater Lake Highway Medford,OR 97504 541-779-1049 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 5: Agreement between the City of Ashland and Metal Masters 9.1.2 Provider, for a period of no fewer than six(6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Metal Masters (PROVIDER): 411111111M "41 • Signature • aar Ft. ua. -. .-�• v70( ea,4, Print-d Name __ Printed Name S'NRrLiw► poOo-tL ‘.Nears Title - Title aha C7/42,070 Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. II- Page 5 of 5: Agreement between the City of Ashland and Metal Masters • Medford Klamath Falls 3825 Crater Lake Highway 05111° ` 4168 Washburn Way Medford,Oregon 97504 'R Klamath Falls,Oregon 97601 tel 541.779.1049tel 541.863.3237 fax 541.779.6839fax 541.885.2480 April 28, 2020 City of Ashland 90 North Mountain Avenue Ashland, OR 97520 Attn: Nicole Graham Pricing for Metal Masters service work: Labor$110.00 per hour (regular business hours) Labor$220.00 per hour(after hours 4:30 p.m.to 8 a.m.) Parts Pricing varies with each repair/service. Business Hours:8 a.m.to 4:30 p.m. Thank you. Lisa Stauffer Commercial Services Coordinator Metal Masters Inc 541-779-1049 tel 800.865.9437 •metalmasters-inc.com • ccea529 • ® A`�o CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/4/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Protectors Insurance, LLC PHONE Kendall Pori FAX P.O. Box 4669 .No.Ext): (541)842-2963 (NC,No): Medford OR 97504 ADDRESS: kendallp@protectorsins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:SAIF Corporation 524113 INSURED METAL-1 INSURER B:The Cincinnati Insurance Co 10677 Metal Masters Inc 3825 Crater Lake Hwy INSURER C: Medford OR 97504 INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1805472651 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y EPP 0280784 10/1/2019 10/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE RETED CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JERC1- LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y -Y EBA 0280784 10/1/2019 10/1/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) B UMBRELLA LIAB X OCCUR Y Y EPP 0280784 10/1/2019 10/1/2022 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION Y 812256 10/1/2019 10/1/2020 X AND EMPLOYERS'LIABILITY Y/N - STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Inland Marine EPP 0280784 10/1/2019 10/1/2022 Installation Floater 125,000 Deductible 500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) As additional insured per policy endorsement GA 233 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 90 North Mountain Ave AUTHORIZED REPRESENTATIVE Ashland OR 97520 art/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks•of ACORD Coverage Summary CGL Contractors' Broadened Endorsement Contractors' Commercial General Liability Broadened Endorsement GA233 . . -'L.iability Coverages.: , Limits „.. ee/, 00loy Employee benefit liability ($1,000 deductible) $1000, 0each eMp$8;000;000 aggregate Expands damage to premises rented to insured to include lightning, At the lesser of$500,000 or the smoke, soot or water CGL each occurrence limit Waiver Of subrogation if required in a written contract Included Unintentional failure to disclose existing hazards provision Included Broadened notice of occurrence Included Property damage to borrowed equipment when not in use $10,000 each occurrence ($250 deductible) Newly formed Or newly-acqUired organizations for.up to 180 days InCluded Automatic additional insured coverage where required in a written contract or oral agreement (where a certificate of insurance showing that person or organization as an additional insured has been issued) Included for:for: leSOots,of premises, lessors of equipment,vendors, state or political .subdivisiOn's permits relating to premises, state or political subdivision's permits relating to contractor operations Automatic Additional insured coverage where reqUired in a written • contract ororal agreement(Where a certificate,of insurance showing that person or organization as an additional insured has been issued)frorn Included the named insured's work performed for that person or organization. Varying degrees 9f coverage apply based upon the additional insured requirements included in written and oral contracts (except AZ) SUpPlementary payments .•Bail bonds $1,000 • Loss of earnings $350 per day • Employees as insureds for specified healthcare services(nurses, EMTs Included and paramedics) Medical payments $19,000 any one person • Voluntary property damage ($250 deductible) $1,000 each occurrence Care, custody Or control ($250 deductible) $5,000 each occurrence Broadened contractual liability for work within 50 feet of railroad property Included This is hot a pelicy.For a complete statement of the coverages and exelualens,Please see the policy cantradt.FiiirfinforMaficin.coverage aveliablilty In your state,quotes or policy service,pleas etontact your local Independent agent recommending ceverage.'The Cincinnati insurance Companies"and itincinnatir refer to member companies of the Insurer group providing properOsind casualty coveragesthrough D The Cincinnati Insurance Company or one of Its wholly owned subsidiaries d The Cincinnati Indemnity CompanY,o The CincInnMI Casualty Company or o The Cincinnati Specialty Underwriters Insurance Company—and life and disability Income:Insurance and annuities through o The Cincinnati We insurance Company Each Insurer has sole financial reariensIblilty for Its own preps*Not all subsidiaries ;operate In all Mates:6200 S.biimore Road.Fairfield.OH 45014-5141.C4itmailifiticOm THc Copyright 02012The Cincinnati insurance Company.All rights reserved.Do not post online,in Whifie or in pad, CINCINNATI without written permission. tO INSURANCE COMPANIES Adv. 694 C7/12) Ed.2