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HomeMy WebLinkAbout2013-331 Contract - Rogue Valley Heating & Air Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Rogue Valley Heating and Air ASHLAND CONTACT: Eric Armstrong 20 East Main Street Ashland, Oregon 97520 ADDRESS: 2820 Foothill Blvd., Grants Pass, OR 97526 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-779-8333 DATE AGREEMENT PREPARED: 08126/2013 FAX: 541-476-2964 BEGINNING DATE: 07/01/2013 COMPLETION DATE: 06/30/2014 COMPENSATION: Per fee schedule attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: HVAC (heating, air and ventilation) repairs and maintenance services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as determined by a representative of the City of Ashland. The Special Procurement for HVAC repairs and maintenance was approved b Council on 03/20/2013 and is valid until June 30, 2016. ADDITIONAL TERMS: 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 2796.220, 2796.225, 2796.230, 2796.235, 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 $19,825 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 part, effective upon delivery of written notice to Contractor, or at such later date as may be established b City under an of the following Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 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 quality 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. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance 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, including coverage for owned, hired or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 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 Contractors 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 ' City of Ashl s ce s~ T~rt'f E , 9~mrlr3 By y~fSignature / ep ment Head l~/G l-/l~l~)ST✓ S~eT ay Print,Name Print Name Title I- ate n W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. ( P/rr / 111 Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 3 of 5 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) I 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. v (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. q-7-1 ~3 Contractor (Date) Contract for Goods and services Less than $25,000, Revised 06/13/2013, Page 4 of 5 ROGUE VALLLEY HEATING & AIR CONDITIONING COMMERICAL SERVICE RATES $80 per Hour 7:30 to 4:300 m-f $120 per Hour overtime. Miscellaneous charges EVACUATION $30.00 RECOVERY & DISPOSAL (up to 10Ibs) $75.00 RECOVERY & DISPOSAL (11 to 20lbs) $125.00 WELDING CHARGE $25.00 LADDER RENTAL (over 6 ft) $25.00 HARARDOUS WASTE DISPOSAL $15.00 MISC. ELECTRICAL $20.00 MISC. PLUMBING $15.00 MISC. REF. FITTINGS $25.00 MISC. LUBRICANTS $10.00 MISC. SEALANTS, SOLVENTS, CLEANERS $10.00 SHOP TOWELS $10.00 ELECTRONIC LEAK DETECTOR $20.00 NON-ELECTRONIC LEAK DETECTOR $10.00 NITROGEN CHARGE $10.00 C02 $10.00 5/28/2013 2:58:17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 2 of 7 ® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDrYYY) 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 endorsements . PRODUCER Beecher Carlson Insurance Agency, LLC CONTACT NAME: e Noakes 2911 Tennyson Ave., Suite 304 PHONE AIL No: A/C Pig Eau, !i,41-284-3095 IF" 541-284-3196 Eugene, OR 97408 E-MAIL ADDRESS: sue noakes(o)beechercarlson O INSURERS AFFORDING COVERAGE NAIL M www.beechercarlson.com INSURER A American Hallmark Ing Co of Texas 434q4 INSURED INSURER B Rogue Valley Heating & Air Conditioning Co. 2820 Foothill Blvd. WSURERC: PSURER O: Grants Pass OR 97526 L P+SBRER E INSURER F COVERAGES CERTIFICATE NUMBER: 16490165 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 ADDL SUER POLICY EFF POLICY EXP LIMITS Loa TYPE OF INSURANCE INSR POLICY NUMBER MMIDDIYYYY MMIDOIYYYY A GENERAL LIABILITY J J 44CL465175 7/1/2013 7/112014 EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ee oa rtnace $ 100,000 CLAIMS-MADE OOCCUR MED EXP(Any one person) $ 5,000 PERSONAL B ACV INJURY $ 1,000,000 GENERALAGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/OP AGG $ 2.000.000 POLICY J PRO LOC $ A AUTOMOBILE LIABILITY 44CL465175 711/2013 711/2014 (UMUI answ u I $ 1,000,000 J ANY AUTO BODILY INJURY (Per person) $ , ALL OWNED SCHEDULED BODILY IN.JURY(Parecddantl $ AUTOS AUTOS J HIRED AUTOS R AUTOS WNED PROPERTY DAMAGE Parnceiminl $ $ 8 A J UMBRELLA LIAB J OCCUR 44CU465176 7/1/2013 711/2014 EACH OCCURRENCE $ 1,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $ 1,000,000 OED J RETENTION$10,000 $ $ WORKERS COMPENSATION ANY` L I A, %Tp AND EMPLOYERS' LIABILITY YIN LMBS ANY PROPRIETOR,PARTNERiEXEOUTIVE E.L. EACH ACCIDENT $ OFFICENIVEMBER EXCLUDED? ❑ NIA (Mandalory in NH) E.L. DISEASE - EA EMPLOYEE $ II ves, daN.be under DESCRIPTION OF OPERATIONS hebw E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC ORD 101, Additional Remark. Schedule, if more .pace Iv required) General Liability Policy provides Additional Insured on a Primary and Non Contributory basis per the attached MP9767 10110 endorsement General Liability policy also provides Waiver of Subrogation per the attached MP9767 10/10 endorsement. This form is subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATIVE EUG Sue Noakes © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CEXT NO.: 1649015$ IEVGI Sue Noakes 512,12013 2:51:11 PM Page 1 of 6 1 3/3/2013 9:29:26 API PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 2 of 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDhrY)fY) ACORO 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 endorsements . PRODUCER Beecher Carlson Insurance Agency, LLC CONTACT NAME: IEUG) r I Coleman 2911 Tennyson Ave., Suite 304 PHONE 541-284-3082 1-3182 Ac Na: (AX No EAly. Eugene, OR 97408 E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC It W W W beechercad SOn.COm INSURER A INSURED INSURER B Rogue Valley Heating & Air Conditioning Co. 2820 Foothill Blvd. WSURERC: Grants Pass OR 97526 WSURERD: WSURERE: WSURERF: COVERAGES CERTIFICATE NUMBER: 17514664 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. NOTWrrHSTANDING 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 NSR W ADDL SUV BR POLICY NUMBER MMIDDYW(YY MMNDY/YYYY LTR LMITS GENERALLMOR-HY J EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES EaEoffDa~ $ CLAIMSMADE 1-1 OCCUR MED EXP(Any one pers.) $ PERSONAL R ADV NJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY EOe ecc i I G LIMIT $ ANY AUTO BODILY INJURY (Per pars.) $ ALL OWNED 11 SCHEDULED BODILY INJURY (Few accident) $ AUTOS AUTOS NON OWNED pRaOnPE Ce t AMAGE $ HIRED AUTOS AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMSWADE AGGREGATE $ DED RETENTION$ $ $ TH- A WORKERS COMPENSATION 520190 1011(2013 10/1/2014 WCSTATU- ION AND EMPLOYERS' LIABILITY YIN J TORY LIMBS ANY PROPRIETOR,PARTNE,E%ECUTIVE F-1 NIA E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER E%f WOED? (Mandator, in NH) EL DISEASE EA EMPLOYEE $ 100000 D II vas, deetfae antler DESCRIPTION OF OPERATIONS hebw El. DISEASE POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC ORD 101, Additional Remark. Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATIVE EUG Je I Coleman O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1111 NO.: 1751496.4 IE(JG) JeryL Cn Leman 91312613 9:25:15 IW P3ge 1 of 1 CERTIFICATE OF LIABILITY INSURANCE' F 9117/2013 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. It 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 Beecher Carlson Insurance Agency, LLC CONTACT NAME: Coleman 2911 Tennyson Ave., Suite 304 Eugene, OR 97408 PHONE IAIG NO EXII: 541-284-3082 FAX NC No: EWAIL ADDRESS: INSURER(S AFFORDING COVERAGE NAIC% WWW.beechercarison.com INSURER A: SAIF 52412 INSURED INSURER B RogUe Valley Heating & Air Conditioning Co. 2820 Foothill Blvd. INSURER C: Grants Pass OR 97526 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 17661223 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 q. SUER POLICY NUMBER MMoDrYY)Y MMI R DDIIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMIS ES(EeENarTmence $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S POLICY PRO- LD $ AUTOMOBILE LIABILITY COMBINED t SINGLE LIMIT $ JEa ANY AUTO BODILY INJURY (Per person) $ ALL OWNED B SCHEDULED BODILY INJURY (Per accident) S AUTOS NONTOS ,0 MED PPReOPP~ce DAMAGE $ HIRED AUTOS AUTOS $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAe CLAIMS-MADE AGGREGATE $ DED RETENTION$ S S A WORKERS COMPENSATION 520190 10/1/2012 10/1/2013 VIC STATU- OTq- AND EMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? Q (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000.00 If yes, descdhe under DESCRIPTION OF OPERATIONS pe. E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if mom space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90-N Mountain Ave ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATIVE EUG Je I Coleman 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 17661223 (EUG) Seryl Coleman 9/17/2013 3:09:26 PN Page 1 of 1 5/28/2013 2:58:17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 3 of 7 ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS - SPECIAL FORM COMMERCIAL PROPERTY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM When this endorsement is attached to the policy, insurance under the Building and Personal Property Coverage Form, the Causes of Loss - Special Form, the Commercial Property Conditions and the Commercial General Liability Coverage Form is enhanced to provide the coverages described in this endorsement. All other conditions of the policy continue to apply. This coverage is subject to the provisions applicable to the Building and Personal Property Coverage Form, Causes of Loss - Special Form, the Commercial Property Conditions and the General Liability Coverage Form. SCHEDULE Coverage Enhancements Limits of Insurance Each Location Property Coverage Premises Boundary 1,000 feet Property Coverage Extensions Newly Acquired or Constructed Property Buildings $500,000. at Each Building Business Personal Property $250,000. at Each Building Personal Effects and Property of Others $ 25,000. at Replacement Cost Valuable Papers and Records (Other than Electronic Data) $ 25,000. Property Off-Premises (Including Laptops and Other Electronic Equipment) $ 15,000. Outdoor Property (Named Perils) $ 1,000. per tree/shrub, max. limit $25,000. Non-Owned Detached Trailers $ 10,000. Accounts Receivable $ 50,000. Property in Transit (Including Laptops and Other Electronic Equipment) $ 15,000. Fine Arts $ 25,000. Property Additional Coverages Debris Removal $ 25,000. Fire Department Service Charge $ 5,000. Pollutant Clean-up and Removal $ 15,000. Electronic Data $ 25,000. Interruption of Computer Operations $ 15,000. Arson Reward $ 5,000. Water Back-Up and Sump Overflow $ 25,000. Brands and Labels $ 25,000. Employee Theft $ 10,000. Business Income Including Extra Expense $ 25,000. Business Income from Dependent Properties $ 10,000. Claims Expenses $ 10,000. Inventory or Appraisal Cost $ 5,000. Money and Securities Inside $ 10,000. Outside $ 5,000. Off Premises Power Failure - Direct Damage $ 10,000. Ordinance or Law Coverage Coverage A Included within Building Limit. Coverages B and C Combined 25% of Bldg. Limit, $150,000. maximum Outdoor Signs $ 10,000. Recharging of Fire Extinguishers $ 5,000. Unauthorized Business Card Use $ 5,000. Forgery or Alteration $ 10,000. Salespersons Samples $ 2,500. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc. and Page 1 of 25 American Association of Insurance Services, Inc., with their permission CEN' No.: 16490165 IEVGI "e Noakes 5129/201.1 2:57:11 PM Page 2 of 6 5/28/2013 2:58:,17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 4 of 7 Inland Marine Coverages Installation Coverage $ 10,000. Contractors Equipment Coverages: Small Tools $ 5,000. (Maximum limit per item $1,000) Employee Small Tools $ 1,000. (Maximum limit per item $250) Leased and Rented Equipment $ 5,000. Rental Reimbursement $ 1,000. General Liability Additional Coverages Blanket Additional Insured (Including Primary Non-Contributing Coverage) Included in Each Occurrence Limit Mobile Equipment Broadened Coverage Included in Each Occurrence Limit Aggregate Limit Per Project Included in Each Occurrence Limit Blanket Waiver Included in Each Occurrence Limit Voluntary Property Damage Coverage $ 2,500. The following applies to coverages under this endorsement only.. Property Coverage The phrase 'within 100 feet of the described premises' used in Paragraphs a.(5)(b), b. and c.(2) under A.1. Covered Property of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM and Paragraph 2.c.(1) under C. Limitations of the CAUSES OF LOSS - SPECIAL FORM is replaced by the phrase 'within 1,000 feet of the described premises'. Property Coverage Extensions Paragraph A.5. Coverage Extensions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following: 5. Coverage Extensions Except as otherwise provided, the following Extensions apply to property located in or on the building described in the Declarations or in the open (or in a vehicle) within 1,000 feet of the described premises. If a Coinsurance percentage of 80% or more or, a Value Reporting period symbol, is shown in the Declarations, you may extend the insurance provided by this Coverage Part as follows: a. Newly Acquired Or Constructed Property (1) Buildings If this policy covers Building, you may extend that insurance to apply to: (a) Your new buildings while being built on the described premises; and (b) Buildings you acquire at locations, other than the described premises, intended for: (i) Similar use as the building described in the Declarations; or (ii) Use as a warehouse. The most we will pay for loss or damage under this Extension is $500,000 at each building. (2) Your Business Personal Property (a) If this policy covers Your Business Personal Property, you may extend that insurance to apply to: (i) Business personal property, including such property that you newly acquire, at any location you acquire, at any location you acquire other than at fairs, trade shows or exhibitions; (ii) Business personal property, including such property that you newly acquire, located at your newly constructed or acquired buildings at the location described in the Declarations; or (iii) Business personal property that you newly acquire, located at the described premises. The most we will pay for loss or damage under this Extension is $250,000 at each building. (b) This Extension does not apply to: Page 2 of 25 Includes copyrighted material of Insurance Services Office. Inc. and MP 97 67 10 10 American Association of Insurance Services, Inc., with their permission CERT r0.: 16490165 IEUGI Sue noakes 5/2c/2013 3:5,:11 PM Page 3 of 6 5/28/2013 2:58:17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 5 of 7 (5) Vandalism and malicious mischief; or (6) Theft. c. The following is added to A.2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: r. Property while stored or operated underground in connection with any mining operations, d. The following is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS • SPECIAL FORM: n. We will not pay for loss or damage caused by puncture, blowout and road damage to tires and tubes mounted on vehicles. However, we do pay for puncture, blowout or road damage caused by a specified peril. o. We will not pay for loss caused by humidity, dampness, dryness or changes in or extremes of temperature. p. We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a loss, exceeds the registered lifting capacity of any equipment or machine. q. We will not pay for loss due to theft or mysterious disappearance from any vehicle or attached container. We will pay for loss due to burglary when there are signs of forcible entry to a locked vehicle or container. e. E.7. Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: 7. Valuation We will determine the value of covered property in the event of loss or damage as follows: a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in Paragraphs b. and c. following. b. Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set. The loss is not considered a total loss of the pair or set. c. Loss to Parts. The value of a lost or damaged part of an item that consists of several parts when it is complete is based on the value of only the lost or damaged part or the cost to repair or replace it. 2. Rental Reimbursement In the event of loss by a covered peril to covered contractors' equipment that you own, we will reimburse you for your expense to rent similar equipment while your equipment is inoperable. The most we will reimburse you for rental reimbursement expenses is $1,000. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date. We will not reimburse you: a. If you can continue or resume your operations with similar equipment that is available to you at no additional expense to you; or b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the inoperable equipment after the covered loss occurs. 3. With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not payfor loss or damage in any one occurrence until the amount of loss or damage exceeds $500. We will then pay the amount of loss or damage in excess of $500 up to the applicable limit of insurance. We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property was rendered inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you actually incur. The deductible of $500 does not apply to rental reimbursement expenses. General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage 1. SECTION II -WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization (referred to as Additional Insured) whom you are required to add as an Additional Insured on this policy under: a. A written contract or agreement; and b. Where a certificate of insurance showing that person or organization as an additional insured has been issued; and Page 20 of 25 Includes copyrighted material of Insurance Services Office, Inc. and MP 97 67 10 10 American Association of Insurance Services, Inc., with their permission CERY No.: 16490165 IEUGI Sue doake3 512612013 2:57:11 PM Page 4 of 6 5/28/2013 2:58:.17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 6 of 7 c.` WheA the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertising injury." 2. The insurance provided to the Additional Insured is limited as follows: a. The Additional Insured is only an additional insured for: (1) "Bodily injury," "property damage," or "personal and advertising injury"caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed bythe Named Insured or for whose acts a Named Insured may be liable. (2) Liability arising out of your ongoing operations for the Additional Insured by or for you. A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b. The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations for this .policy. The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section I, Coverages A., B. and C. of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, the insurance provided to the Additional Insured does not apply to: a. "Property damage" to: (1) Property owned, used, occupied by, loaned or rented to the Additional Insured; (2) Property in the care, custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control; or (3) "Your work" performed for the Additional Insured. b. "Bodily injury, "property damage," or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering or failure to render any professional services for you, for the Additional Insured or for others, including, but not limited to: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. c. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to add the following subparagraph: d. Additional Insured's Other Insurance As Excess Insurance To the extent required by an "insured contract," this insurance is primary on behalf of the Additional Insured; and any other insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a. above will apply. B. Mobile Equipment Broadened Coverage V.1 2.f.(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1) Equipment designed primarily for: (a) Snow Removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C. Aggregate Limit Per Project The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc. and Page 21 of 25 American Association of Insurance Services, Inc.. with their permission CEPS NO.: 16E901E5 IEVGI Sue Noakes 5/2e12013 2:57:11 Pe Page 5 of 6 5/28/2013 2:58:17 PM PST (GMT-8) FROM: 100005-TO: 15414885320 Page: 7 of 7 D. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or written agreement have waived your own right or recovery for loss caused bythat person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or written agreement with that person or organization and included in the "prod uctscompleted operations hazard." This provision does not apply unless the written contract or written agreement has been executed prior to the "occurrence" or offense giving rise to the "bodily injury" or "property damage." E. Voluntary Property Damage Coverage 1. We will, at your request, pay but not defend any claim for "property damage" to the propertyof others otherwise excluded under A.2.j.(4), (5) and (6) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a. Such "property damage" takes place while such property is in your care, custody or control, or is property of others over which you, for any purpose; are exercising or have exercised physical control; and b. Such "property damage" takes place away from any premises you own, rent or lease; and c. Such "property damage" takes place within the "coverage territory" and during the policy term; and d. Such "property damage" takes place only during your operations that are known to us, are scheduled on the policy and for which a premium has been charged. 2. The insurance under this additional coverage does not apply to "property damage" to property: a. Held by you for servicing, repair, storage or sale at premises owned by, rented or leased to you; b. While being transported by or caused by the ownership, maintenance, operation, use, "loading or unloading" of any "auto," watercraft or aircraft:* or c. Owned or occupied by or rented to you. 3. Deductible This additional coverage will apply only to that amount of any loss in each "occurrence" that exceeds $500. The terms of the policy with respect to your duties in the event of "occurrence," claim or "suit" and the Companys right to investigate, negotiate and settle any claim or "suit" apply irrespective of the application of the deductible amount of $500. We may pay any part or all of the deductible amount of $500 to effect settlement of any claim or "suit." Upon notification of the action taken, you must promptly reimburse us for such part of the deductible amount as has been paid by us. 4. Limits of Liability The Limit of Liability for this additional coverage shall not exceed $2,500 for each "occurrence" and is the limit of the Company's liability for all damages on account of each claim or "suit" covered herein. The annual aggregate Limit of Liability is $2,500 and is, subject to the above provisions respecting each claim, the total limit of the Company's liability for all damages. 5. Settlement In the event of loss covered by this additional coverage, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you, excluding prospective profit or overhead charges of any nature. Any property so paid for or replaced shall, at our option, become the property of the Company. Payment hereunder shall not constitute an admission of liability of you or, except as stated herein, of the Company. Additional Conditions A. Insurance Under Two Or More Coverages The following is added to Paragraph C. Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: If a Coverage Form is attached to this policy that provides a limit for any coverage provided by this endorsement; the limit shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the limit and coverage provided by the Coverage Form. B. Limits Of Insurance Regardless of the number of buildings at a location covered bythis endorsement, the most we will pay under this Coverage Enhancement endorsement in any one occurrence is the applicable Limits of Insurance shown in the SCHEDULE on page 1 of this endorsement. Page 22 of 25 Includes copyrighted material of Insurance Services Office, Inc. and MP 97 67 10 10 American Association of Insurance Services, Inc., with their permission EE0.1 NO.: 16490165 (EUGI Sue Noakes 5/28/2013 2:51:11 FM FBge 6 of 6 CITY OF ASHLAND Council Communication Special Procurement - Request for Approval HVAC Repairs, Maintenance & Service Meeting Date: March 20, 2012 Primary Staff Contact: Mike Faught Department: PW/Facilities Maintenance E-Mail: Mike.fauaht@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Dale Peters Approval: Dave Kanner Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve the request for approval of a "Class Special Procurement" to seek an exemption from the competitive bid process to directly award public contracts to contractors to perform repairs, maintenance and service as needed and required to HVAC (Heating, Air & Ventilation) Systems in City owned buildings until June 30, 201? Staff Recommendation: Staff recommends the "Class Special Procurement" be approved. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed Special Procurement, Approval Request Form, is attached for your review and consideration. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279$.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the "Class Special Procurement". Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Class Special Procurement". Attachments: Form #9, Special Procurement -Request for Approval Form Page I of 1 IWO& CITY OF FORM #9 ASHLAND SPECIAL: PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Dale Peters, Facilities Maintenance Date: March 20, 2012 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works / Facilities Maintenance 2. Department Contact Name: Dale Peters 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From March 21, 2012 To: June 30, 2016 5. Total Estimated Cost: Cost will be determined by the actual repairs, maintenance and service required to be performed on HVAC (Heating, Air & Ventilation) systems in City buildings. Estimated cost to maintain HVAC systems per fiscal year is $25,000. 6. Short title of the Procurement: Repairs, Maintenance and Service to HVAC Systems Supplies and/or Services or class of Supplies and/or Services to be acquired: Contractors to perform repairs, maintenance and service as required to l-VAC (Ileating Ail & Ventilation systems in City owned buildings. There are critical areas within some of the systems that control the environment in sensitive areas and require immediate service if a problem develops. It is mandatory that critical systems not fail in sensitive areas, such as the AFN Headend Control Room, WWTP, and WTP. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,12110/2012 Background: Contracts are awarded to HVAC contractors based on competency, expediency, workmanship, availability and competitive pricing. Proposed procedure: Facilities Maintenance is seeking an exemption from the competitive bid process to DIRECTLY AWARD public contracts on an as needed basis to higlily skilled and reliable contractors to perform repairs, maintenance and service to the City's 14VAC systems. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Often times, trouble shooting is required to determine what repairs and maintenance are required and the work must be completed immediately. There are also critical systems that control sensitive areas that require immediate attention if a problem develops, and it is mandatory that the systems in these critical areas do not fail. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City currently contracts with 3-4 contractors to perform these services. If the City is contacted by additional competent contractors, they too will be considered to perform these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: It is mandatory that critical systems not fail in sensitive areas, such as the AFN Headend Control Room, WWTP, and WTP. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060; 27913.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to contract with competent and reliable service providers on an as needed basis to maintain the City's HVAC systems. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3,12/10/2012 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [11arch 21, 2012 - If approved by Council/ PUBLIC NOTICE Approval of a Special Procurement First date of publication: [March 21, 2012 - Ifapproved by Council Enter date] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [March 20, 2012 - If' approved by Council Enter dale]. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service to the City's HVAC (Heating, Air & Ventilation) systems in City owned buildings. There are critical areas within the systems that require immediate attention ifa problem develops, and it is. mandatory that the systems in these critical areas do not fail. Public contracts will be awarded to HVAC contractors based on competency, expediency, workmanship, availability and competitive. pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [If posted on March 21, 2011- expiration date will be March 28. 20121. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,12/10/2012 PUBLIC NOTICE Approval of a Special Procurement -I VAC Repairs & Maintenance First date of publication: March 21, 2012 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on March 20, 2012. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service to the City's HVAC (Heating, Air & Ventilation) systems in City owned buildings. There are critical areas within the systems that require immediate attention if a problem develops, and it is mandatory that the systems in these critical areas do not fail. Public contracts will be awarded to HVAC contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 27913.055, 27913.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on March 28, 2012. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. City of Ashland, Oregon - Agendas And Minutes Page 1 of 3 City of Ashland, Oregon / City council City Council - Minutes Tuesday, March 20, 2012 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL March 20, 2012 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.. ROLL CALL Councilor Voisin, Morris, Lemhouse, Slattery, Silbiger, and Chapman were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg requested on behalf of Housing Commission Chair Regina Ayars to add the appointment of Evan Lasley to the Housing Commission to the agenda. Council and staff discussed the need to advertise an item like a commission appointment to allow enough time for citizen input and did not add the item to the agenda. Mayor Stromberg went on to announce the City was accepting applications for the annual appointments to Commissions and Committees. The deadline for submitting applications Is.March 30, 2012. Councilor Voisin noted that April was Sexual Assault Awareness Month (SAAM) and that Dawn Schiller, the author of The Road Through Wonderland: Surviving John Holmes, was speaking April 5, 2012, from 6:30-8:30 in the Southern Oregon University (SOU) Recital Hall. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS? The minutes of the Study Session of March 5, 2012, Executive Session of March 6, 2012 and Regular Meeting of March 6, 2012 were approved as presented. SPECIAL PRESENTATIONS & AWARDS (None) CONSENT AGENDA " 1. Will Council approve the minutes of the Boards, Commissions, and Committees? 2. Will Council approve a recommendation from the Public Art Commission to endorse Southern Oregon Arts and Research (SOAR) which will occur on the SOU campus in May? 3. Will Council, acting as the local contract review board, approve the request for approval _ of a Contract Specific Special Procurement to seek an exemption from the competitive bid process to directly award a contract to Elstor Sales for the repair and maintenance of City- owned transformers until June 30, 2016? 4. Will Council, acting as the local contract review board, approve the request for approval of a Class Special Procurement to seek an exemption from the competitive bid process to directly award public contracts to contractors to perform repairs, maintenance, and service as needed and required on City owned vehicles and equipment until June 30, 2016? 5. Will Council, acting as the local contract review board, approve the request for approval of a Class Special Procurement to seek an exemption from the competitive bid process to directly award public contracts to contractors to perform repairs, maintenance and service as needed and required to HVAC (Heating, Air & Ventilation) Systems in City-owned buildings until June 30, 2016? 6. Will Council approve the renewal of a Memo of Understanding with the Parks Commission regarding certain services provided between the two organizations and the agreed upon costs? Councilor Chapman/Silbiger m/s to approve the Consent Agenda. Voice Vote: All AYES. Motion passed. PUBLIC HEARINGS 1. Will Council, acting as the local contract review board, hold a public hearing, declare the fire hose as surplus, and award a public contract at no cost for the fire hose to the Sixes Fire Department in Sixes, Oregon? http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012 City of Ashland, Oregon - Agendas And Minutes Page 2 of 3 Fire Chief John Karns explained the Ashland Fire Department acquired a complete compliment of fire hose due to a FEMA Grant they received the year before. The surplus fire hose would help the Sixes Fire Department who was currently struggling with their budget. Although the National Fire Protection Association (NFPA) and federal guidelines often became policy for many fire departments, it did not bind them. Public Hearing Opened: 7:09 p.m. Public Hearing Closed: 7:09 p.m. Councilor Lemhouse/Voisin m/s that the fire hose be declared a surplus and approve the contract award. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Julie Norman/596 Heiman Street/Provided an update on the Mt. Ashland Ski Expansion discussion. . The US Forest Service recently filed a motion to lift the 2007 Injunction that had stopped the expansion. The Plaintiffs filed a response. She attended the Mt. Ashland Association's (MAA) Board meeting the night before and distributed information regarding climate changes and precipitation. She noted the MAA Treasurer report stated MAA had more debt than assets to pay them and the board agreed to a special Study Session. She asked Council to add an agenda Item to a future meeting to discuss the City's role now, to strengthen the Memo of Understanding (MOU), and write a letter to the US Forest Service pertaining to City Involvement if implementation went forward. Councilor Slattery spoke as the Council Liaison to both the MAA Board and the US Forest Service, acknowledged there were rumors to the contrary, but MAA and the US Forest Service would follow all the legal processes. He was meetingwith the US Forest Service the following week. Chris Hardy/774 B Street/Provided background on Village Farm and its organic certification through the USDA National Organic Program and expressed concern that Syngenta was growing genetically modified organisms (GMO) sugar beets just outside city limits. This prompted the formation of GMO- Free Jackson County who were currently working on an Initiative for the November ballot to ban GMO crop production in Jackson County. He explained organic farms do not use the same mode of operation as GMO farms and requested Council to have a Study Session regarding GMO's to discuss the issue further. Liza Maltzberger/1257 Siskiyou Boulevard/Addressed the 1929 Memorandum of Understanding (MOU) regarding the City's right to comment on the health of the watershed and the US Forest Service's obligation to listen. It was important for the City to remind the US Forest Service that they would be in contempt of court if logging occurred prior to the injunction being lifted. Eric Navickas/711 Faith Street/ Expressed concern Mt. Ashland would log preemptively. He agreed there were many rumors but attributed it to a lack of transparency from the US Forest Service and the Mt. Ashland Association (MAA) that they intended to exhaust full judicial process before implementing the project. He felt that it was imperative the City send a letter to the US Forest Service and add it to a future Council meeting for discussion to ensure they allow full judicial process to be exhausted. Once the judge lifted the injunction, the project could go forward. Council was in a strong position with the US Forest Service under the 1929 agreement and by not having the lease. Councilor Slattery agreed with Mr. Navickas' testimony and added there were three stakeholders trying to ensure they were working within the law and currently were identifying the process and benchmarks. Once that was established, they would make it public but it would take time. Councilor Voisin/Slattery m/s the Council add to the agenda this evening consideration for a Study Session on Mt. Ashland and the US Forest Service after Councilor Slattery as the Liaison has the opportunity to discuss and deal with both entities. DISCUSSION: Councilor Voisin agreed on transparency, thought it was good Councilor Slattery was the Liaison to MAA and the US Forest Service and that a Study Session would help determine the City's future role. Councilor Chapman thought it was premature to discuss the role but agreed a discussion was needed at some point. Councilor Slattery thought in addition to a Study Session, a community dialogue needed to occur as well. Roll Call Vote: Councilor Voisin and Slattery, YES; Councilor Silbiger, Chapman, Lemhouse, and Morris, NO. Motion failed 2-4. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Will Council, acting as the local contracts review board, approve a construction contract with Pilot Rock Excavation, Inc., in the amount of $344,164 to construct the Schofield and Monte Vista Local Improvement District (LID)? http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012 City of Ashland, Oregon - Agendas And Minutes Page 3 of 3 Engineering Services Manager Jim Olson explained the project started in 2007 and described the delays that prevented the project from going forward until now. The project was recently re-bid and of the two bids the City received, Pilot Rock Excavation came In with the lowest bid. Staff recommended proceeding with the project as quickly as possible and urged Council to approve the contract. The LID contained 20 units with three lots that had potential for extra units reflected in the cost. The City would pay $13,613.82 because the cemetery was included in the LID and was sizable. Stuart Cotts/100 Schofield/Expressed his appreciation to Council and City staff regarding the project. Councilor Voisin/Chapman m/s to approve a contract with Pilot Rock Excavation Inc., in the amount of $344,164.00 for the improvement of Schofield & Monte Vista under Assessment District No. 67. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve the First Reading of an Ordinance titled, "An Ordinance Amending Chapter 2.10.090 Council as Final Decision Maker and Chapter 2.10.100 Budget, Compensation and Expenses on the Ashland Municipal Code" and move the ordinance on to Second Reading? Councilor Morris/Slattery m/s to approve First Reading and set the matter for a Second Reading. Roll Call Vote: Councilor Chapman, Voisin, Slattery, Silbiger, Morris and Lemhouse, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS AD30URNMENT Meeting adjourned at 7:41 p.m. . Barbara Christensen, City Recorder John Stromberg, Mayor http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012 (~I Page 1 /1 ly. CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 9/23/2013 11894 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 001239 SHIP TO: Ashland Building Maintenance ROGUE VALLEY HEATING & AIR (541).488-5358 2820 FOOTHILL BLVD 90 N MOUNTAIN AVENUE GRANTS PASS, OR 97526 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Dale Peters Special Inst: Confirming? No Quanti Unit Description Unit Price Ext. Price Repairs, Maintenance and Service to 15,000.00 HVAC SYSTEMS - FY 2014 Special Procurement Approved by Council March 20, 2012 Valid until June 30, 2016 SUBTOTAL 15 000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 15,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number.. Amount E 410.08.24.00.60240 15 000.00 Auth ed Signature VENDORCOPY CITY #3 OF ASHLAND A reOLlaS'L`iof 0 ftrch:asa .'r'c--: REQUISITION Date of request: 8AUG 13 Required date for delivery: Vendor Name ROGI IF VAI I Fy HFATIN , R AIR Address, City, State, Zip 2890 FOOTHII I RI VD Contact Name & Telephone Number GRANTS PASS OR 97526 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written uote 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 If ❑ Verbal/Written 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 $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES f5Z Special Procurement Intergovernmental Agreement $5.000 to $75,000 ff Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals attached Date approved by Council: 20 MAR 12 - (Dale) ❑ Form #4, Personal Services $5K to $75K Valid until: 30 JUN 16 Date Description of SERVICES Total Cost M.1AIt4 r_vwnrc~-c H IAO )AND r r_L_tqTiZD u , M r k -r- $ 15,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number Account Number 410.08.24.00.602400 Account Number Account Number '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 chi uisition form, I certify that the City's public contracting requirements have been satisfied. .ps-rt ri t- TI15 Ii8 - 4~~r'S Employee Signature: Department Head Sign dual or greater than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year., E5 / NO Finance Director- fequalto orgreatt ran $5,000) Date Comments: Form #3 - Requisition