HomeMy WebLinkAboutResolution 2018-22 07/02/2018 CITY OF SPRINGFIELD, OREGON
RESOLUTION NO. 2018-22
A RESOLUTION OF THE SPRINGFIELD CITY COUNCIL AS THE LOCAL CONTRACT REVIEW
BOARD ESTABLISHING A CLASS SPECIAL PROCUREMENT FOR SPRINGFIELD HOME
REPAIR CONTRACTS AND ADOPTING FINDINGS IN SUPPORT OF A SPECIAL
PROCUREMENT
WHEREAS, the City receives an annual allocation of Community Development Block Grant (CDBG)
funds from the U.S. Department of Housing and Urban Development (HUD);
WHEREAS, as part of the City's CDBG program, the City provides Home Repair services to very low
income Springfeld homeowners;
WHEREAS, under the City's Home Repair program, a grant not to exceed $5,000 is available to a
household over a five-year period for home repairs that are urgent in nature, meaning that the
condition to repair must pose a health or safety hazard to the occupant or will cause significant decay
to the structure if left unabated;
WHEREAS, all repairs under the Springfield Home Repair program are performed by licensed and
bonded contractors;
WHEREAS, the City of Springfield has adopted a Public Contracting Code pursuant to ORS 279A.010
et seq.;
WHEREAS, the City Council is designated as the local contract review board for the City of Springfield,
pursuant to ORS 279A.060 and Springfield Municipal Code (SMC) Section 2.701;
WHEREAS, SMC 2.706(2)(a) provides that public contracts for goods and services not exceeding
$10,000 may be awarded based on informal quotes;
WHEREAS, under ORS 2798.085(4) and SMC 2.703(3), the local contract review board may approve a
special procurement if it finds that the special procurement is (a) unlikely to encourage favoritism in
the awarding of public contracts or to substantially diminish competition for public contracts, and is (b)
reasonably expected to result in substantial cost savings to the contracting agency or the public, or
otherwise substantially promotes the public interest in a manner that could not practicably be realized
by complying with applicable contracting requirements;
WHEREAS, homeowners qualifying for the Springfield Home Repair program often have an urgent
need for the repair, and the use of informal quotes for every home repair would increase the time it
takes a homeowner to obtain a repair;
WHEREAS, the use of informal quotes would increase the cost to local contractors incurred in
providing informal quotes for each repair, which cost would likely be passed on to the City and would
decrease funds available for other home repairs;
WHEREAS, the use of an intermediate procurement request for quote process to establish an on-call
contractor list would increase the City's cost to administer the Springfield Home Repair program and
PAGE 1 of 3
would likely exclude smaller residential contractors without substantial experience or expertise in the
public contracting process from participating in the procurement; and
WHEREAS, City staff requests the City Council, as the local contract review board, authorize a special
procurement for home repair services as a class special procurement, establishing an on-call list of
qualified residential contractors who agree to the City's required contract terms and to abide by the
hourly rates set by the City for home repairs,
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD:
Section 1: The Council approves the special procurement for home repair services as a class
special procurement.
Section 2: The City Council adopts the following findings:
A. The class special procurement for home repair services is unlikely to encourage
favoritism in the awarding of public contracts or to substantially diminish competition for public
contracts because the special procurement process sets the rate of compensation for home repair
services at a given level and provides more opportunity for residential contractors to participate in the
public contracting process than under a more formal request for quote procurement process.
B. The class special procurement for home repair services substantially promotes
the public interest in a manner that could not be realized by utilizing informal quotes or a competitive
proposal or bidding process because (1) it allows home repairs to be scheduled and completed quickly
when the repair left unabated would pose a health or safety hazard to the occupant or would cause
significant decay to the structure, and (2) it saves significant staff time and resources and allows more
small residential contractors to participate in, and benefit from, public contracts.
Section 3: The class special procurement for home repair services shall be conducted as
follows:
A. City staff will issue a Request for Qualifications (RFQ) to develop a rotating on-
call contractor list for home repair services. The RFQ will remain open to contractors on a rolling basis.
Contractor eligibility requirements to be placed on the list will be substantially those qualifications set
forth in Exhibit A, attached hereto and incorporated herein, and as may be modified by the City
Manager from time to time to account for needed adjustments for the program.
B. All contractors on the Springfield Home Repair contractor list will be required to
execute a contract with the City for on-call Springfield Home Repair services, substantially in the form
set forth in Exhibit B, attached hereto and incorporated herein.
C. Contractors on the SHR contractor list who fail to meet the City's qualifications or
are otherwise in breach of the contract may be removed from the Springfield Home Repair contractor
list.
D. When the City receives a request for a qualifying home repair from a qualified
homeowner, the City will issue a work order to a contractor on the Springfield Home Repair contractor
list. Contractors will be selected from the list on a rotating basis by trade depending on the
contractor's availability to perform the needed repair in a timely manner.
PAGE 2 of 3
RESOLUTION NO. 2018-22
Section 4. Public notice of this special procurement will be given by publication in the
Register Guard and by posting to the City's public procurement web page in accordance with ORS
279B.085(5).
Section 5: This Resolution will take effect upon adoption by the Council and approval by the
Mayor.
ADOPTED by the Common Council of the City of Springfield this 2 day of Jul y , 2018,
byavote of 5 for and 0 against. (absent 1 - Wylie)
iWeyer ?.an VanCs�rdocs, Councvl esident
ATTEST:
Q
City ecord r
REVIEWED &APPROVED
S O*C11
ATE:
OFFICE Cl TCRNEY
PAGE 3 of 3
RESOLUTION NO. 2018-22
Request for Qualifications a (Compri
Exhibia3l" gage '1 Y3f 2
SVNIN6RElD
Contact Person Phone
RFQ#
Qualifications will be received by Penny Olsen,Development and Public Works Oepadment.225 5th Street,Springfield OR 97477.
Submission of qualifications will remain open as part or rolling admission t0 the On Call contracting system.
All questions Should be addressed via email to pollen@Springfield-cr gov and will be answered via addendum posted on the city website.
DEVELOPMENT AND PUBLIC WORKS-Springfield Home Repair Program
The City Of Springfield is seeking quabfi,d films that are experienced licensed contactors to provide home repair concede for elesprend plumbing,roofing and/or general
11 Loop,r^_pair work m modential homes.Services wdl be provided at va gus private residences for citizens damaged,In the Community Development Block Grant
(GREG)-funded Sc'ngfield Home Repair Program.This program p di home repair Sens es to very lowincpme Springfield homeowners within US Department
Housing and Umn I Development(HUD)requirements.
PROJECT DESCRIPTION meCity ofspr piddhto aw,in ContraanCASE,rm,to mme trofinoebMu
nal sam—,To-...... rapauanVitoulf-emnecfar a va.iay of Enloe
c,decbErosional
al he,, as,randact...tvement need, ciucen,paiGo point In Ire SpnngOeltl Horne Repan Progra m.
asts Independent Conlrncmrs to broad,eleMcal,plambmg,or orandral contactor cepa,,work evic iplen SLM1ed firms will be on the on call rmavon az needed
b....to k or,e,ro they arae On Call Conduct,may be a v dIn: .loalae paalfetl t, drIA n . t toe in -Ei trip,, cez dean bed heren.Lane,at ds d mall 11 mawit[,the
on—S I i P-11I......ted mrviceom...dwa,m,reap.,,.
, underHe'r-Call[ will be Evaded m ougb an he needed be,iz lhrdalvWork ork Ord eu twn d run
The ahaof th,On-CallCostfawall be on a fool year basis that s July l-lane
IF y
At the Gof Eprmgheld,option,the on Call Contract may be extended an...LIE l he ,,bmed foal value of all wait areas ander the rental OnCall Contract call not,sand$10I far
the TO ,ares flonz Rgau PraFrm.Ih,WorkD,derf,rocn protect or be at the GWs sole d oeton.
PROCESS: Independent Coated ,will be nor"It d 1,aalhmlen,<its aI'llwber,qe neer a, ,a foray Ami home awpalr moh undo the On Call ComrzR Ine'ideally,H Cantacbr will
nide,a Ver k Ordsir. T. datendint Contra ctorw,If porfmm lnewark IlL,,iit within l U day,of the Work Order bmngmaoe,used...may besfionened doe to,mer scene talk,of
m,ar: S1I RFR indap-on,r entramer not no lot,t,pelonn the SALE CIA an6 ad 11 move to the veal Independent Cormosor on the lot and offer the deddrblewoik ori dei.
In.epondmt Contractorzelm,,n wtl be mntlacte,m marine order.
P111 REq OUTICkell
orrolece fie home read,r protect,I.order,condmon,mat creme a threat to neo nn and safety in private eddenter or that...Id ease rapid defern raton of the home
.amplele.....adults-preselect,to enable rument,to emei use name or n......r within the name.
ICE Or SPRINGFIELD RESppnslB VELD
L's malen"It the
e
by dC,hunno �.fa Erauamto..CN....,Fe,from Ce tp,nghtld f wme Rmah Program
FIT,that I me nem ernemr-t [heed rmnm en is Review penw Dad emeet amns
crocus,
City shall, rdy Work order(ora Wnoncetl repauorImpivemmtsto theliedappmpnatemn[mctoi on the 0,Callbct.
.a.y snallverify wmk completion.
CONTRACTOR RESPONSIBILITIES
Independent Contacmrsholl be responsible far mocellaneow repmrsa ntl,,, nee reformsmcloded bat not limited m:
Repair or epUmropw
ceent of epment and/or partneedednby the name owner
-ReClacemenl of-into ms if deemed necessary
-T—derhoo1 c of r,pay or eplece batch or,aiPo nNoniis eaaipm all
Notify CIA variC 48 no,A of csr o,g a Work Order If.n....table or if,able 1, ,,,plate Ibery-k Det In the She Order.
Formnat,
ad
ha dammwnv to Schole me work.
Pay For all reawred permaf, nen reacted be,code and ,it mIDrz I object p,,,f,,Et.....
LEE,All Ali Fred ,it If acted a s Coniad by a pplio File old,, ntl rumcon...
If f non, yrday 1' to the C k0rd me
tid on...... e lofo . a
the d b I .t app—al befit and ares the amended fork Order
Dory theGN,pan mmol,tan and eCF
Doty the.ry of any ch,-E,, for as
order be,life to vark on motto',brands of....pment and iWuple ryper of PCame,
fir,IS rt be,,or to nmk rude',c'on emergenry Earn,
Apron ms mDua n IlonecoS'. In addadrn to in,modification,casted abode Independent Contractor,mint m—RE,roto.r.me 4=al:brain-m he--do,d mrrom,aar fm he A,,,JEFF,
Home Repair Olson
Firm,then to e Scor l In Ford CCer z.a chinster at,,to do the.pro w EM.
Employe er,llme appap-told Earned or ,par d a,nowred by applicable lochs .ndr,.... r
all lb,ur,ellr r l be lC EC an he federal north to A,drd Clients em [Saul ...Icahn. .,as,U_Wrmmt). ._ e oro is C, OF, Bxed
r1-t Elston,,C to e—mon,contract,
ract,mCJ,iruop,one l ala a.,.late -Find nr.^aatono
any line theme,uneed debt tbstaryss,dnoyorad.t. rsper rim,a
Item p Requirements or Specification Costs
smmg!
10 Lxbor Rales Cost Per Hour
1.1 Labor Cost-roptnev I prinicien
13 Labor cost- ,lrvenlim Teahnician
1.3 Over TimC Labor cost-.fou card,Teab chid,
1.4 Over Time Labor cost- At r ceTF,hd inn
2.0 )Iatcrial a Rd Su h %Markup
2.1 Ill Us Rate
Types of Work
,Voice of work Performed l cnetk all that apply)
I Coned
] Carpentry
aodworan
chief ne
I cryPat
p floor Cver.,
ECT"r
;VAC
....
lIc"e1 Lype or Lieemq name or is suing BUMonty Expbaloa cote
rano me orb Ing Putnonq l plead lot all types or i n inG UJ og Com
melriaual
Indo ran¢Po firy neral ua bhnrlmmmnce.A.I.L'u mntv.woyers Cump...get .P,ora::m nal b.1.1g,m:u rz rate.and om e, inieu n ne Fegrega Le umhreha
type,orbovymetl
1111 t, I noP= o*"
va ila biliry:rt
N.
"e't' ''neay
iu eae ay _ __ _ Sal wtlev_
WeJ,es J ray - -_ Sunt ay_
Thu rstley
1 ^�D(eirtno
Is your busmen a eoTRee—-I,....it butlness a,¢rtrRee woman owned busIDest
emnad,hon"C,",aunnen res cen:led bv.
mhta Carol, own,J I...non Ce
mhnd Woman own,J Indra Ya, a,tmah W.
-rote Woman ow,,d b--a Na
Additional Information:
telethon u¢om,aaon for 0,Call r,ntraa,ane•,b:dation!aubmio ion or work omen m ounnach-,la at me only Jia,renan of me Cry
Cny may or,one aaailonal mylobronan or tablanamo oro la,mala,provided above.
Special Instructions:
Valid for 9a ca o room dare submined below.
Signer babowledges<n at lM1ey ha ve the legal autivan r to bind many. Signature or Probe—
Inner
rovo ser
S Toner an nowleagert n ah mry nave read and b—pt the term ane yo,thud,,Orme to,nact and ban meet the oats,..reem,ement:.
CITY re.dryer the ognt by ma he'
awam by:veins,type or work or au type,or work dem,wnnhever i,o me beat Inte,ea or CITY.
CITY maneied any CIaole net o lam plant¢.;-the Rfo,attabhmemy and o y,a a,orirIt a in the beat'mtere:t of CITY. Tlne ofPmpaaer
SohmiRee ml,_ _ _ Jay of
State Contractor:Board Regi:trabon Number
Proposer Addren
ropo,e r Emav Adan:a
RESOLUTION NO. 2018-22
Exhibit B, Page 1 of 17
CITY OF SPRINGFIELD
INDEPENDENT CONTRACTOR AGREEMENT
(Type 1: For Public Works Contracts under$50,000 that are no[Public Improvement Projects)
Contract#
Dated:
Parties_ City of Springfield (-CITY")
A municipal corporation in the Stale of Oregon
225 Fifth Street
Springfield, Oregon 97477
and
("Independent Contractor')
Additional Independent Contractor Information:
A. Type of Entity. ❑sale proprietorship ❑Partnership ❑Gmitad Liability Company (]corporation
B. Address.
C. Telephone.
D. Fax No.
E. Fed. I . No:
F. DUNS#
G. Construction Contractor Board No. Date Verified:
H. SAM: Date Verified:
I. CFDA. 14.218 Community Development Block Grant
J. Federal Award Identification Number(FAIN): B-14-MC-41-002, B-15-MC-41-002, B-16-
MC,41-002. and B-17-MC-41-002
K. City Project Description: Home Repair Program
L. Foreign Contractor DYes ❑ No
(Foreign means not domiciled in or registered to do business In Oregon)See Exhibit B(11).
City Account Numbeds)To Be Charged (include Percentages):
' Account Number Percentage '
210-07600-7035-677008-HXXXX 100% '
In consideration of the mutual covenants contained hereinthe parties agree to the following terms,provisions
and conditions:
L Services to be Performed by Independent Contractor. Independent Contractor shall perform the
services described In Exhibit D.
2. Payment by CITY. CITY shall pay Independent Contractor according to the sum and schedule
described In each discrete WORK ORDER executed for a specific scope of work. The WORK ORDER
RESOLUTION NO. 2018-22
Exhibit B, Page 2 of 17
template for each discrete scope of work is Exhibit E,attached hereto and incorporated herein by this
reference. No single WORK ORDER shall-exceed$5000-.
3. Invoice.Invoice to be sent to:Accounts Payable-City of Springfield,225 5'Street,Springfield,OR
97477 or email to apeffso inafelyl gov. Invoice will be paid on net 30 day terms upon City acceptance
of goods delivered,work or services performed The invoice must reference this contract#XXX and
approval code#XXX.
4. Term. This Agreement is effective as of the date first set forth above and shall continue until June 30,
2019,unless earlier terminated In accordance with the provisions of this Agreement or by mutual
consent of the paries.City may renew contract with a finding of satisfactory performance and no
significant changes In Independent Contractor qualifications..as agreed to In Exhibit D.
5. On-Call Work Order Process.Through execution of this agreement, Independent Contractor agrees to
participate In an on-call work order program with other Independent Contractors. Independent
Contractors will be added to a list of available on-call contractors to perform work orders on behalf of the
Oily.Work orders will be assigned to Independent Contractors on a rotating basis based on contractor's
expertise and availability and at the discretion of the City.
6, Work Order Completion.Work orders will be submitted to Independent Contractor on an as needed
and fotatmg basis at the sole discretion of the City.Once a work order Is Issued to the Independent
Contractor,the contractor must complete the work within 10 days unless a droner time-frame is
specified in the work order due to the urgent nature of the repairs.The Independent Contractor agrees
to complete all work orders submitted to the contractor within 10 days of receiving a work order or within
the time stated on the work ortler,unless extreme circumstances prevent the Independent Contractor
from performing the work.If a work order is submitted to the Independent Contractor and the contractor
s unable to perform the work within 10 days of receiving the work order or within the time stated on the
work order,the Contractor must promptly inform City staff,and the Work order will be reassigned
-
Failure to execute a work order consistently with this section may be grounds for termination of this
contract
T Sourcing. This special procurement#2088 was approved by the Springfield City Council on[DATE]as
Resolution[NUMBER].This contract Is non-exclusive and the City reserves the right to enter into
additional agreements with other Independent Contractors as part of this special procurement or to
close the procurement to new contractors at any time.
6. First Point of Contact.
Independent Contractor:[insert name,ph#and email address]
CITU:[Penny Olsen, 541-736-1039.polsen@springfield-orgov]
9. Independent Contractor Status. By Its execution of this Agreement, Independent Contractor codifies
its status as an'Independent Contractoras that term Is used under the laws of the State of Oregon.
and that all performance of any labor or services required to be performed by Independent Contractor
under the terms of this Agreement shall be performed In accordance with the standards set forth In ORS
670.600.and as more specifically set forth on Exhibit"A"attached hereto and Incorporated herein by
this reference.
10. Conformance with Oregon Public Contracts Law(ORS Chapter 279). Independent Contractor shall
comply with all applicable provisions of Oregon law for public contracts, including.but not limited to
ORS 279B.110.ORS 2798.220,ORS 279B.225,ARE 279B.230 and ORS 279B.235,and as more fully
set forth on Exhibits A "8"and"C'attached hereto and Incorporated herein by this reference.
11. Work Performed. The work to be performed by Independent Contractor Includes services generally
performed by Independent Contractor In his/hevits usual line of business.
RESOLUTION NO. 2028-22
Exhibit B, Page 3 of 17
12. Warranty.Independent Contractor will warranty all workmanship for 1 (one)year from
acceptance of the work.
13. Tax duties and Liabilities. Independent Contractor shall be responsible for all federal,state and local
taxes, If any,applicable to any payments received pursuant to this Agreement,including but not limited
to income tax,payroll taxsocial security and self-employment tax. CITY shall not withhold,pay. or in
any other manner be responsible for payment of any taxes on behalf of Independent Contractor and as
more specifically set forth in Exhibit C
14. Reimbursement of Expenses. Independent Contractor shall not be entitled to reimbursement by CITY
for any expenses Incurred by Independent Contractor unless otherwise agreed In writing.
15. Materials and Supplies. Independent Contractor shall supply all materials and supplies needed to
perform the services required unless othemuise agreed In writing.
16. No Authority to Bind CITY. Independent Contractor shall have no authority to enter into contracts on
behalf of CITY,Its officers,agents and employees. TMs Agreement shall not create a panne rsh 1p or
joint venal re of any sort between the pa has
17. Federal Employment Status. In the event payment made pursuant to this Agreement Is to be charged
against fade rat funds.Independent Contractor hereby certifies that it is not currently employed by the
Federal Government and the amount charged does not exceed Independent Contractors normal
charge for the type of services provided.
18. Indemnification and Hold Harmless. Independent Contractor shall tlefendindemnify and hold
harmless City from and against all liability or loss and against all claims or actions based upon or arising
out of damage or Injury to persons or property caused by or sustained In connection with the
performance of this Contract by Independent Contractor except,pursuant to ORS 30.140.for losses,
claims,or actions resulting from the sole negligence of City.
The Independent Contractor shall assume all responsibilities for the work,and bear all losses and
damages directly or indirectly resulting to the Independent Contractor.the City,or to others on account
of the character or performance of the work,unforeseen difficulties,accidentsor any other cause
whatsoever.The Independent Contractor shall assume defense of. Indemnify and save harmless the
City.Its officialsagentsand employees from all claims,liabilitylossdamage and Injury of every kind,
nature and description,directly or Indirectly resulting from activities in the performance of the Contract,
the ownership,maintenance or use of motor vehicles In connection therewith,or the acts,omissions,
operations,or conduct of the Independent Contractor or any Subcontractor under the Contract or any
way arising out of the Contract,Irrespective of whether any act,omission or conduct of the City
connected with the Contract Is a condition or contributory cause of the claim, liability lossdamage or
injury and Irrespective of whether act,omission,or conduct of the Independent Contractor or
Subcontractor Is merely a condition rather than a cause of a claim, liability,loss damage or Injury.The
Independent Contractor shall not be liable for nor be required to defend or indemnify.the City relative to
claims for damage or damages resulting solely from acts or omissions of the City,Its officialsagents or
employees.The absence of or inadequacy of the liability insurance required In section 19 shall not
negate Independent Contractor's obligations in this paragraph.
19. Insurance.
19.1. Genera l Ins u rands. The l cause no ent C ontracto r she l l mai nts In In force for the d u rat to n of t in is
Agreement a Commercial General Liability Insurance policy written on an occurrence basis with
limits not less than$1,000.000 per occurrence and 92,000.000 in the aggregate for bodily Injury or
property damage.The policy will contain a per project"aggregate endorsement. Automobile
Liability(owned, non-owned and hired)insurance with emits of at least the minimum required in the
State of Oregon shall be maintained. The City_Its employees,officials and agents will be named as
an Additional Insured where operations are being conducted related to this contract,on the General
RESOLUTION NO. 2018-22
Exhibit B, Page 4 of 17
Liability policy as respects to work or services performed under this Agreement to the extent that the
death or bodily injury to persons or damage to property arises out of the fault of the Independent
Contractor or the fault of the Independent Contractor's agents, representatives or subcontractors.
This insurance will be primary over any Insurance the City may carry on Its own.The City may
require an Insurance loss run showing all claims from the previous 3 years. The city in its sole
discretion may terminate this contract if contractor s previous claim history is determined to be
Inadequate. If the City requires Professional Liability coverage,the Cltys Risk Manager must
approve the terms,conditions and limits. Independent Contractor understands that CITY is a public
entity subject to the requirements of the Oregon Governmental Tort Claims Act,ORS 30.260 et
seq. In the event that CITY'S financial obligations or liabilities are modified by any amendment to
the liability limits imposed by the Oregon Governmental Tod Claims Act.Independent Contractor
agrees that the limits regarding liability insurance set forth In this Section 19 will be modified to
conform to such limits. Independent Contractor and CITY shall sign an amendment to this
Agreement Incorporating such modification.
19.2. Asbestos Abatement. (Only applicable to contracts where asbestos maybe present) If In the
event the contractor finds asbestos in the home where a work order has been requested by the City,
the contractor will stop work on the work order,and will contact the City.The City may choose to
cancel work orders for homes that are found to contain asbestos. The City will authorize a
contractor to proceed with work following a finding of asbestos if the contractor s Commercial
General Liability policy is written on a form that meets the following ASBESTOS SPECIFIC
requirement
- A full occurrence form,or
b. A limited occurrence form with at least a three-year(3 year)tailor
d A claim made form with a three-year(3 year)tail.
93
WorkersCompensation. Independent Contractor shall employees
and maintain workers
compensation coverage with limns not less than compensation
o for its employees,officers,agents,or
pada 701 as required d applicable workers compensation laws rag defined w in ORS 656 statement
and
ORS end ent Co. If Independent Contractor Is exempt from coverage,a written statement signetl by
Independent Contractor.
insurance
c of Insurance Coverage. Evidence of the provided
insurance coverages issued
by roved rance company satisfactory e the wCityoo shall beeces commence to the City by way of a City
approved certificate of insurance before any work or services commence.
Notice of Cancellation or Material Change in Coverage. The certificate of insurance
shall contain a requirement that the Insurance company notify the City 30 dayscompany
prior to any
cancellation or material change in coverage.Contractor she approved insurance company will not provide
thin 30 day thinnotice2-me Independent r theIn shall provide actorwrittenb notice to the City contrail
manager within 2 standar days after the Independent Contractor becomes aware that actor
coverage has been canceled or has been materially changed
The Independent Contractor shall
Finanther fax 541 726 Director
at the said notice lesmall p directly m BobBab Duey sed Inde pen ant or tract
Financeee coo rag the Cps. or be Regardless what the Indepences dent
Contractor
v responsibility
Contractors
once coverage to cease or be proper
insurance,p Is the Independent tics of cane responsibility to
nodificeCityons Failurll beg to rugsmaintain
mmediatermiaton of thiseontf2ct. cancellationor
Contractor
nshaas) grountls for immediate termination of this contract. (independent
Contractor initials)
_
Equipment and Material The Independent t and material be d in conjunction
any toss,
damage,or destruction of Its own property equipment.and materials used In conjunction witM1 the
work.
Subcontractors. ty autoIndependent Contractor shallrequire
applill cable)
tractors and workers and maintaincompensation
general liability,autoliabilityily,professional
hose r qui applicable),and workers'
compensation Insurance with coverage's equivalent to those required of the general contractor In
thissub contract The Independent oven nor shell require certificates of insurance from all
subcontractors as evidence r coverage.
".- -',aP_. Exception or Waivers. Any exception or waiver of these requirements shell be subject to
review and approval from the City Risksk Manager
NO. 2018-22
Exhibit B, Page 5 of 17
"9 r; t Railroad Protective Liability Coverageif work being performed under this agreement is
near railroad tracks or a railroad right ofway and the Railroad requires special insurance(for
example. Railroad Protective Liability Coverage) Independent Contractor will be responsible for
meeting the Railroad insurance requirements before any work commences. Any Insurance required
to be purchased by the Railroad Is In addition to the insurance required by the City.
20. Clean Record.The Independent Contractor must remain In good standing with the Construction
Contractor's Board The Independent Contractor must maintain basic fitness requirements of r,ru
IF For license with the Construction Contractors board referenced in OAR 812-005-0280.The
Independent Contractor must notify the City In the event a claim Is filed and a certified judgement
requires payment of the claim.The Independent Contractor must notify the City if their-his:hey license
has been suspended.The City may require additional Information on active claims, unpaid debt.
complaint history disciplinary history or administrative suspensions in the last ten years.Priorto
contract renewal.City staff will review Independent Contractors status with the Construction
Contractors Board
21. Compliance With Law-Any conviction of the Independent Contractor or employee Involving the crimes Formatted:Font.(Deraul0 Arial
listed in ORS 701 098,fraud related to the construction businessstolen or embezzled property.. a crime _--- - "
of violence. a drug-related offense,or moral turpitude during the course of this contract is cause for
suspension or removal of the employee or termination of this contract. An Independent Contractor or
employee arrested or charged with any of the above crimes shall not provide services in connection with
any Springfield Home Repair work order until the case is adjudicated
22. Termination.The performance of work under this Agreement may be terminated by CITY,in whole or
In part,whenever for any reason CITY shall determine that such termination Is in the best Interest of
CITY Any such termination shall be effected by delivery to the Independent Contractor of a Notice of
Termination specifying the extent to which performance of the work under the Agreement is terminated
and the date on which such termination is effective. Upon delivery to the Independent Contractor of a
Notice of Termination under this paragraph.the Independent Contractor and CITY shall,by agreement,
make an appropriate written modification to this Agreement governing completion of portions of the
Independent Contractor's work and payment therefore by CITY.
23. Rights in Data. All original written material, Including programs,card deckstapes, listings,and other
documentation originated and prepared for CITY pursuant to this Agreement,shall become exclusively
the property of CITY. The ideas,concepts.know-how,or techniques developed during the course of
this Agreement by Independent Contractor personnel can be used by either party in any way it may
deem appropriate. Material already in Independent Contractor s possession independently developed
by Independent Contractor outside the scope of this Agreement,or rightfully obtained by Independent
Contractor from third partiesshall belong to Independent Contractor. This agreement shall not
preclude Independent Contractor from developing materials which are competitive, irrespective of their
similarity to materials which might be delivered to CITY pursuant to this Agreement. Independent
Contractor shall nothowever. use any written materials developed under this Agreement In developing
materials for others,except as provided In th5 section
21- Confidentiality. During the course of performance hereunder. Independent Contractor or its agent,
employees,or contractors, may receive confidential information. Independent Contractor agrees to use
its best efforts to maintain the confidentiality of such information and to inform each agent and employee
performing services of the confidentiality obligation that pertains to such information.
25. Ass igomentiSubco One ct. Independent Contactor shall not assign, sell,transfer.subcontract or
sublet rightsor delegate responsibilities under this agreement,in whale or In padwithout the prior
written approval of CITY. No such written approval shall relieve Independent Contractor of any
obligations of this Agreement,and any transferee or subcontractor shall be considered the agent of
RESOLUTION NO. 2018-22
Exhibit B, Page 6 of 17
Independent Contractor. Independent Contractor shall remain liable as between the original parties to
this Agreement as if no such assignment had occurred.
26. Successors in Interest. The provisions of this Agreement shall be binding upon and shall inure to the
benefit of the parties to this Agreement and their respective successors and assigns.
27. Compliance with All Government Regulations, Independent Contractor shall comply with all Federal.
State and local laws,codes,regulations and ordinances applicable to the work performed under this
Agreement. Failure to comply with such requirements shall constitute a breach of contract and shall be
grounds for termination ofthis Agreement Damages or costs resulting from noncompliance shall be the
sole responsibility of Independent Contractor.
26- Attorney Fees. In the event a lawsuit of any kind is instituted on behalf of CITY to enforce any
provision of this Agreement, Independent Contractor shall pay such additional sums as the Court may
adjudge reasonable for attorney fees plus all costs and disbursements at trial and on any appeal.
29. Force Majeure. Neither party to this Agreement shall be held responsible for delay or default caused
by fire.riot,ads of God and/or war which is beyond that cause reasonable control. CITY may
terminate this Agreement upon written notice after determining such delay or default will unreasonably
prevent successful performance of the Agreement.
30. Assistance Regarding Patent And Copyright Infringement. In the event of any claim or suit against
CITY on account of any alleged patentor copyright Infringement arising out of the performance of this
Agreement or out of the use of any material furnished or work or services performed hereunder.
Independent Contractor shall defend CITY ag a Inst any such suitor claim and hold CITY harmless from
any and all expensescourt costs,and attorneys fees in connection with such claim or sin it
31. Severability. If any provision of this Agreement is declared by a court to be illegal or in conflict with any
law,the validity of the remaining terms and previsions shall not be affectedand the rights And
obligations of the parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be Invalid.
32. Access to Records. CITY and its duly authorized representatives shall have access to books,
documents,papers and records of Independent Contractor which are directly pertinent to this
Agreement for the purpose of making audit,examination,excerpts and transcripts.
33. Waiver. Failure of CITY to enforce any provision of this Agreement shall not constitute a waive,or
relinquishment by CITY of the right to such performance in the future nor of the right to enforce any
other provision of this Agreement.
34. Amendments. The terms of this Agreement shall not be waived altered modified,supplemented or
ended In any manner whatsoeverwithout prior written approval of CITY. No modification of this
Agreement shall bind either party unless reduced to writing and subscribed by both parties,or ordered
by a Court
35. Nondiscrimination, Independent Contractor shall comply with all applicable requirements of Federal
and State civil rights and rehabilitation statutes, rules and regulations.
36. Americans With Disabilities Act Compliance.Independent Contractor will comply with all applicable
provisions of the Americans with Disabilities Act of 1990.42 USC Section 12101 at seg and Section
504 of the Rehabilitation Act of 1973.
37, Dual Payment. Independent Contractor shall not be compensated for work performed under this
contract from any CITY agency other than the agency which is a party to this contract.
RESOLUTION NO. 2018-22
Exhibit B, Page 7 of 17
- 1 rormanea:tone nmol,nota
38. Choice of Law,Forum,Construction of Agreement This Agreement shall be governed and FormattedNormal
construed in accordance with the laws of the State of Oregon.apart from choice of law provisions. The ---
parties agree that the Clubmt Court for the County of Lane,State of Oregon,or the Federal District Court
of the State of Oregon(Eugene)Is the sole and proper forum for resolving any disputes involving this
Agreement,any breach of this Agreement,or relating to its subject matter. The Parties agree to submit
themselves to the jurisdiction of such courts without challenge to the jurisdiction of these courts.This
Agreement shall not be construed more favorably to CITY due to the preparation of this Agreement by
CITY. The headings and subheadings in this Agreement are for convenience,do not forma part of this
Agreement,and shall not be used in construing this Agreement.
39, Entire Agreement. This Agreement signed by both parties Is the parties final and entire Agreement
and a,entedes all prior and contemporaneous oral orwrilten communications between the parties.
their agents and representatives. There are no representations,promises,terms,conditions or
obligations othOnhan those contained herein.
IN WITNESS WHEREOF the parties have executed this Agreement to be effective the date first set
forth above.
CITY OF SPRINGFIELD: INDEPENDENT CONTRACTOR:
By: By:
Name. Name:
Title. Title'.
Date: Date:
RESOLUTION NO. 2018-22
Exhibit B. Page 8 of 17
EXIIIIIII "A"
INIII PENDLN I (ON I It%('I OR ,IM S
Indepcidem contractor stales and represents Ihot conlratlnr is an independent contractor as that term is defined
in Oregon Rex ked Statute 610.600 and more specifLc ill%rpreselits.nate and agrlc,Il,rt in pro Nine the
srs Ice and nope oto ork spudf cd in this contract.
I. Indgtaulenl eonlrannr poodle s,ro,,,div mnunemtiom and
Ind pald7n corrector is lira Imm direction and control otcr the means and manner of
providing II..rn ia,and scop,ole,ork suhjud ant,to the riJn of Cin m spsifb the chiral
o'elo_and
c. Independ,nt amtmnnr i,cu,mme 1. engaged in et indcpcndcmk cswhli.hed business:and
1. Indepen dens eonlmeror is hcensd mithin the stat'nl Oregon m,imide am srn«s for which
a0eense is reuimd under ORS Chapt'r 671 o1701 and a respon.ilife IDr oboinine other
hccn,cs or cereficai ncco,,,,r, to provi d'the en lcc or so,p'nl,cork:and
5. Indpandem contmnor corpus Ix III m mea three of the fellmvin-equimmcntr
(a) A besides,location is mnirnainal that is sponte front the hOslnds or cork location of
Civ,:or is m a porion of ind,crulcnt contractor s residanee and that portion is used
primwik lnr the husfness.
(h) Iheind,ordan mmmctor hears the ri,k A loss related to To pmvi,inn of sen ices or
scope of %xork such as atmring into a fixed price contract.defecdce work is required to be
,I Imend.the or, ices provided are nurrerded or indemnification egru:ment,.liahilin i nmrance
performance hoods and Crier,and omission,Insurer,,,arc pros lded,
In) ('omradal sen ccs for nt o or more diltercnt pans or,torics oithina m d r e month
period hate nen abwincel or mouncly engaged In htniness advcrtis td,soliciotion.or other
rerkeing 11 tort'r'a,nnablc crlctarcd t,olnnin neo conlrncls to provide shtdlar serafcs
fit) s,onilirnmi ncenmem in the buslnash.rs heart made such a,porcht,fug mel s or
yolpmenl.I'acina lot pranisc,or lecilhi,w v ham mrcicis are provided.pacing Ger li„ns's-
ccrfilica's or speciali/ed Irainine
(1) aamh. 't lo li"olhvt .ma,istIII I ' Igth,ir sLord ha,it,
authority to fire(he,,person:.
6. Independent eontruaon,,It immedimdv inform Cin in thenent That it tails to cvndu,t it.
sarcicns in one or mom parGculvn Loss represented in I through 5 ohm c.
RESOLUTION NO. 2018-22
Exhibit B, Page 9 of 17
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RESOLUTION NO. 2018-22
Exhibit B, Page 10 of 17
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RESOLUTION NO. 2018-22
Exhibit B, Page 11 of 17
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RESOLUTION NO. 2018-22
Exhibit B, Page 12 of 17
EXHIBIT"C'
OREGON TAX LAWS COMPLIANCE AND CERTIFICATION
A. Independent Contractor's Compliance with Tax Laws.
1. Independent Contractor mush throughout the duration of this Contract and any extensions,comply with
all tax laws of this sat=_and all applicable tae laws of any political subdivision of this state For the purposes of this Section,
- 'tax laws"Includes all the provisions described In Subsection B.3.(I)through dry)of this Contract
2. Any violation of Subsection 1 of this Section Ashall constitute a material breach of this Contract Further,
any violation of Independent Contractors warranty,In Subsection B.3of this Contract,that Independent Contractor has
complied with the tax laws of this sate and the applicable tax laws of any political subdivision of this state also shall
sometimes a material breach of this Contract.Any violation shall entitle City to terminate this Contract,to pursue and recover
any and all damages that arod Idiom the breach and the termination of this Contract,and to pursue any or all of the
remedies available under this Contact,at law,or in equity,Including but not limped to
R Termination of this Contract,In whole or In part;
b. Exercise of the right of setoff,and withhodi up of amen n(S otherwise due and owing to
Independent Contractor,In an amount equal to state's setoff right,without pcnally;and
11 Initiation of an anion or proceeding for damages,specific performance,declaratory or In]u naive
relief.City shall be entitled to recover any and all damages suffered as the reset of Independent Contractor's breach of this
Contract, Including but not limited to direct,Indirect,Incidental and consequential damages,costs of core,and costs incurred
In securing I replacement Services/replacement Goods/a replacement Independent Contractor].
These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or
remedies snghr collectively,successively,or In any order whatsoever_
B. Independent Contractoi s Representations and Warranties.
Independent Contractor represents and warrants to City that,
1. Independent Contractor(to the beef of Independent Contractor's knowledge,after clue inquiry),for a
period of no fewer than six calendar years preceding the[date of Closing of{bicipproposals}for/effective date of]this
Contract,faithfully has complied with
(I) All tax Taws of this state, Including but not limited to ORS 305620 and ORS chapters 316,31],
and 318,
(ii) Any tax provisions Imposed by a political subdivision of thisstate that applied to Independent
Contractor,to Independent Contractors property,operations,receipts,or income,or to Independent Contractors
performance of or mmpensdtion for any work performed by Independent Contractor,
(Iii) Any tax provisions Imposed by a political subdivision of this state that applied toIndependent
I untactog or to goods,services,or property,whether tangible or Intangible,mmvc,d by Independent Contractor;and
(N) Any rules,regulations,charter provisions,er ordinances that Implemented or enforced any of the
foregoing tax laws or provisions.
Any[Goods/Items/Equlpmen F Components/Hardware/SoflWareJIDtellectual Property Rig Irv,etc][delivered to/granted to]
City under this Contract,and Independent Contractor's Services rendered in the performance of Independent Contractor's
obligations underthis Contract,shall be provided to City free and clear of any and all restrictions on or renditions of use,
transfer,modlflcotlon,or assignment,and shall be free and dear of any antl all liens,claims,mortgages,security Interests,
liabilities,charges,and encumbrances of any kind.
RESOLUTION NO. 201842
Exhibit B. Page 13 of 17
EXHIBIT D
Statement of Work
PROJECT DESCRIPTION: The City of Springfield is contracting with qualified firms to provide professional
service, maintenance, repair and/or replacement services for a variety of private residential home repair
and accessibility improvement needs for citizens participating in the Springfield Home Repair Program.
Services will be provided at various private residences for citizens participating in the Community
Development Block Grant (CDBG)-funded Springfield Home Repair Program. This program provides
home repair services to very low-income Springfield homeowners within US Department Housing and
Urban Development (HUD) requirements.
The city has-pre-qualified the Independent Contractor to provide electrical, plumbing, roofing or
general contractor repair work. Multiple qualified firms will be on the on-call rotation as needed basis
for work orders as they arise.
Services under the On-Call Contract will be provided on an as-needed basis through discrete Work
Orders.The duration of this On-Call Contract will be on a fiscal year basis that runs July 1 -June 30.At
the City of Springfield's option, the On-Call Contract may be extended annually.The combined total
value of all work orders under the initial On-Call Contract shall not exceed $100,000 for the Springfield
Home Repair Program.The Work Order-for each project will be at the City's sole discretion.
PROCESS: Independent Contractors will be contacted by authorized City staff when the need arises for
associated home repair work under the On-Call Contract.The Independent Contractor will be provided a
Work Order. The Independent Contractor will perform the work required within 10 days of the Work
Order being issued (timeline may be shortened due to emergency status of needed repair. Should the
Independent Contractor not be able to perform the work, City staff will move to the next Independent
Contractor on the list and offer the available work order. Independent Contractor selection will be
conducted in rotating order.
DESIRED OUTCOMES:
• Complete ongoing home repair projects to address conditions that create a threat to health and
safety in private residences or that could cause rapid deterioration of the home.
• Complete accessibility improvements to enable residents to enter the home or maneuver within
the home.
CITY OF SPRINGFIELD RESPONSIBILITIES:
• City shall determine if the homeowner is qualified to receive services from the Springfield Home
Repair Program.
• City shall visit the home and conduct the Environmental Review per HUD requirements.
• City shall issue a Work Order for authorized repair or improvements to the next appropriate and
available contractor on the On-Call list.
• City shall verify work completion.
CONTRACTOR RESPONSIBILITIES:
• Independent Contractor shall be responsible for miscellaneous repairs and/or replacements on
varied apparatus as indicated in the Work Order, including but not limited to:
RESOLUTION NO. 2018-22
Exhibit B, Page 14 of 17
• Repair or replacement of broken or defective equipment and/or part as needed by the
home owner.
• Replacement of units,or entire systems if deemed necessary.
• Troubleshoot and repair or replace broken or malfunctioning equipment.
• Perform work on multiple brands of equipment and multiple types of equipment.
• Independent Contractor shall notify City within 48 hours of receiving a Work Order if unavailable
or unable to complete the work as identified in the work order.
• Independent Contractor shall coordinate with the homeowner to schedule the work.
• Independent Contractor must give priority to Work Orders of an emergency status.
• Independent Contractor shall notify the City of any recommended changes to the Work Order
based on assessment of the situation and obtain city approval before undertaking the amended
Work Order.
• Independent Contractor must perform other services as may be needed when on the Work
Order.
• Independent Contractor shall pay for all required permits when required by code and individual
project specifications.
• Independent Contractor shall have all work tested and inspected as required by applicable codes
and ordinances.
• Independent Contractor shall notify the City upon completion of the work.
• Independent Contractor shall notify the City of any changes in contact information or status.
ADDITIONAL QUALIFICATIONS: In addition to the qualifications listed above, Independent Contractors
must meet the following qualifications to be considered for contracts for the Springfield Home Repair
Program:
• Firms that are included in the On-Call contract shall be licensed and registered with the State of
Oregon as a Contractor able to do the specified work.
• Employees shall be appropriately certified or supervised as required by applicable codes,
ordinances, or industry standards.
• Firms, subcontractors, and employees shall not be listed on the federal System for Award
Management("SAM") exclusion list(aka Debarments) or the Oregon Construction Contractors
Board ineligible list.
The City may request additional information from Independent Contractors prior to executing a
contract, including supporting references and insurance run-loss statements, and information on any
active claims, unpaid debt,complaint history, disciplinary history or administrative suspensions.
Electrical Contractor Responsibilities
• Contractor shall be responsible for miscellaneous, code compliant electrical repairs and/or
replacements on the following apparatus types, including but not limited to:
Troubleshoot, repair or replace broken or defective electrical
Replacing malfunctioning light fixtures,electrical switches or outlets
• 2EP,c- H� �84HRGtlemiRg 1 gilt f XmFes, .E... .....�. .,,
Repair/replace breakers or install new breaker box
Item# Requirements or 5,611fiations Costs
1.0 I,abor Rntcs Cost Per Hour
1.1 rabur cost- lournev Technician
1.2 Laborcoxi- app,nuice Technician
RESOLUTION NO. 2018-22
Exhibit B, Page 15 of 17
1.3 Over"rime La bur cost-.laurnel'Ieelui'mn
1.1 O.rer Time Labor mn- Apprentice Tee hni elan
2.0 Material and Supply %Markup
2.1 %lark l-p Rate
Plumbing Contractor Responsibilities
• Contractor shall be responsible for miscellaneous, code compliant plumbing repairs and/or
replacements on the following apparatus types, including but not limited to:
• Troubleshoot, repair or replace broken or defective plumbing
• Fixing plumbing leaks
• Repairing damage from frozen pipes
• Repairing water or sewer connection within existing utility trench alignment
• Replacing malfunctioning water heater
Item# Requirements or Specifications Costs
1.0 Labnr Rales Cost Per Hour
LI Labor cost-.Inunmr l'cchurian
12 Laborcust- Apprentice Technician
13 Over rimel.abornrsl-.Dore,Technician
1.4 Oar Timc Labor eu t- Apprentice Technician
2.0 Mmerisl and Supply %Markup
2.1 Mark fp lime
Roofing Contractor Responsibilities
• Contractor shall be responsible for miscellaneous, code compliant roof repairs and/or replacements
on the following apparatus types, including but not limited to:
• Troubleshoot and repair leaks and structural deficiencies
• Fixing leaks
• Application of waterproof coating to a flat roof
• Replacement of deteriorated flashing
• In-kind replacement of loose or missing shingles or tiles
Item# R¢qui ¢nb Or Sp¢cdfi tions costs
1.0 1.her Ratts Cost Per Hour
1.1 Labnr cost-.Inurnev Technician -
1.2 Lab tarp, Apprentice Technician
1.3 Orer Time labor roll-Journey Technician
1.4 Over lime Lahmeost- Ala,rmiee I eebaieim
20 Material a ad Sapid, %Markup
2.1 Mark l"p Rate
General Contractor Responsibilities
• Contractor shall be responsible for miscellaneous, code compliant general repairs and/or
replacements on the following apparatus types, including but not limited to:
Troubleshoot and repair leaks and structural deficiencies in the home
RESOLUTION NO. 2018-22
Exhibit B, Page 16 of 17
• Aast1`C0nstruct ramps,i nstall grab-bars or other items to improve accessibilityto
and within the home
• Replace breakers, switches and outlets
• Repair/replace stairs due to safety issues
• Replace broken wood in porches
• Replace broken windows
• Replace broken door locks or handles
Item# Requirements or Specifications Costs
1.0 Lahur Rat,, Cost Per Hour
1.1 Lahurlull-.lourncv l¢hniciao
1.2 LaM1or cast- ,ApprenlicelreM1nic
1..1 0,rr Time I.ahnr coat- lc u,rrA Technician
Id 0,Time Lahoreost- .\pprrntiec Technician
2.11 .%lulerial and Supple %Markup
2.1 \lark l-p Rate -
City Project Lead
• Penny Olsen, polser_@sormgfield-or.gov, 541-736-1039
Timeline, Major Milestones or Tasks
• Tasks will be assigned by staff, as necessary, using individual discrete WORK ORDERS. Each
project will be scheduled in advance.
Proposed Budget for each WORK ORDER
• Not to exceed $5,000
RESOLUTION NO. 2018-22
City of Springfield, OR Exhibit a, Page 17 of 17
Work Order WORK ORDER#
HOME REPAIR PROGRAM
DATE:
Independent Contractor Work Location
Name: Name:
Address: Address:
City/Zip City, St. ZIP
Reg. #: Phone: Client ID: Phone:
Attn: Fax: Note: Call to make an appointment
Email address:
Work Request:
Independent Contractor is responsible for obtaining aD permits and inspections
to carry out the necessary repairs
Work most be eompleted within is days of brae.
You are hereby authorhted to proceed with the repairs regaerted above.
RehabiDtation SpedaDrt Date Owner Date
Terms and conditions that govern this WORK ORDER as per the executed Independent Contractor Agreement
Contract# dated between the City of Springfield, a municipal Corporation in the State of Oregon
and [Independent Contractor Name].
For Invoicing instructions see Contract 2, Invoice.
Citr Coatark Penny Ol SA1-73i-1039
RESOLUTION NO. 2018-22