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HomeMy WebLinkAbout2014-079 Contract - Adroit Construction Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Adroit Construction Co., Inc. ASHLAND CONTACT: Tom Walker, Estimator 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 609,185 Mistletoe Rd, Ashland, OR 97520 Telephone: 5411488-6002 Fax: 541/488-5311 TELEPHONE: 541-482-4098 DATE AGREEMENT PREPARED: April 11, 2014 FAX: ` BEGINNING DATE: April 16, 2014 COMPLETION DATE: June 2, 2014 COMPENSATION: $10,386.00 per attached estimate dated 03/14/2014 GOODS AND SERVICES TO BE PROVIDED: Contractor to make building repairs to Fire Station #1. The exterior and interior wall was damaged due to a single vehicle accident. This Contract-specific Special Procurement was approved b Council April 1, 2014. 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 2798.220, 279B.225, 2798.230, 279B.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 by City under any of the following conditions: Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. 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. d. Notice of cancellation or chan e. There shall be no cancellation material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland By 4 L.4 By 'Signature / Depar ment Head U04 G S ur 1A x_ r -TO R KKR ,L1S Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with / the signed contract. Purchase Order No. l 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~ (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. -7L~J (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. C t ctor (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 Adroit Construction Co., Inc. Standard Estimate Report Page 1 Ashland Fire Station 311412014 10.32 AM m AshlPa re Station Repairs epa►r Dexfrom W I 11.1-t w-I' Project name Ashland Fire Station Ashland OR 97520 USA Estimator Tom Walker Labor rate table OR/PREV Equipment rate table Standard Job size 1 ea Duration 2wks Bid date 3/14/2014 12:00 PM Notes NOTES: 1. Area based on area under roof including 1st level parking. Report format Sorted by'PHASE/Group phase/Phase' 'Phase' summary s: Adroit Construction Co., Inc. Standard Estimate Report Page 2 Ashland Fire Station 311412014 10.32 AM Description Quantity Unit Cost Amount * unassigned 1000.00 GENERAL REQUIREMENTS 1605.00 Small Tools and Supplies 200 1800.00 Supervision 2,000 GENERAL REQUIREMENTS 2,200 80.00 Labor hours 2000.00 SITEWORK 2115.00 Demolition 400 SITEWORK 400 5000.00 'STRUCTURAL STEEL 5400.00 Light Gauge Framing 500 STRUCTURAL STEEL 50o 8.00 Labor hours 6000.00 CARPENTRY 6100.00 Rough Carpentry - 300 6200.00 Finish Carpentry 500 CARPENTRY 800 12.00 Labor hours 9000.00 FINISHES 9330.00 Drywall Systems 1,000 9560.00 Plaster/Stucco 3,000 9940.00 Painting 800 FINISHES 4,800 1.00 Labor hours 16000.00 ELECTRICAL 16100.00 Electrical 500 ELECTRICAL 500 * unassigned * 9,200 101.00 Labor hours Estimate Totals x L DesCnPlion 9 Cost per_Unit Labor 101.000 hrs 3,400 32.74% 3,400.000 Material 500 4.81% 500.000 Subcontract 5,300 51.03% 5,300.000 Equipment Other Subtotal Costs 9,200 9,200 88.58 88.58% 9,200.000 Liabilitv Insurance 73 0.700 % T 0.70% 72.700 OH & P 1.113 12.000 % T 10.71% 1.112.720 Total 10,386 10,386.000 A CERTIFICATE OF LIAMLITY INSURANCE DATE YYI 4/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AIJD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, E:%TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown Northwest Insurance NAl1EpCT $USa0 W1500 3256 Hillcrest Park Drive PHONE FAX Medford, OR 97504 IAIp.No,Eat) 541-494-7658 IAICNpf: s41-494-2758 E-MAIL ADDRess_ SWllsontabbOw.Com INSURER~AFFORDING COVERAGE NAICO _ www.beechercadson.com INSURER A: Charter Oak Fire Insurance Company 25615 INSURED INSURER B: Travelers ProPa Casualt Cam anper 25674 Adroit Construction Company, Inc. Y = Adroit Construction INSURER C: Liberty Insurance Underwriters 19917 PO BOX 609 INSURER D: SAIF Corporation $2412 _ Ashland OR 97520 INSURER E: Columbia Casualty Company INSURER F COVERAGES CERTIFICATE NUMBER: 19936064 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 ADDLrUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDNYYY MMIODNYYY LIMITS A / COMMERCIAL GENERAL LIABIUIY DTC01E789762COF14 3/112014 3/1/2015 EACH OCCURRENCE s 1,000,000 CLAIMS-MADE ❑ OCCUR DAMAGETbR ELATED PREMISESIEaocTE0 S 300,000 NED EXP (Any one person) E 5,000 PERSONAL B ADV INJURY E 1,06O,ODD GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE E 2,000,000 1 POUDYa PRO- JECT I"IuLOC PRODUCTS - COMP/OP AGG S 2,000,000 OTHER. $ B I AUTOMOBILE LIABILITY DT8101E78976TIL14 3/112014 3/1/2015 EaB60Meide SINGLE LIMIT E - IIL IKED 1,000,00 0 ANY AUTO BODILY INJURY (Per person) s ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per amend) E NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per acddent E C UMBRELLA LIAR OCCUR 1000003444606 311/2014 3/1/2015 EACH OCCURRENCE $ 2$000000 / EXCESS LIAB CLAIMS-MADE AGGREGATE $ 25,000,000 DED RETENTIONS E D WORKERS COMPENSATION 810619 10/112013 1011/2014 PER OTH- AND EMPLOYERS' LIABILITY ✓~$TATUTE ER YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E. L. EACH ACCIDENT E 500,000 OFFICERIMEMBER EXCLUDED? ((Mandatory in NH) E. L. DISEASE - EAEMPLCYES 500,000 If yes, describe un DESCRIPTION OFd OPERATIONS below EL.DISEASE -POLICY LIMIT s 500,000 E (Professional Liability 12054097995 3/1/2014 3/1/2015 Limit: $2.000.000 (Retro Date - 3/1/2004) I Deductible: $15,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD tot, Additional Remeo s Schedule, may be attached it mere space is required) Re: Project - Building Repairs to Fire Station #1. General Liability includes Additional Insured Coverage, Primary 8 Non-Contributory per attached endorsement CGD2460805 when required by written contract - Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION Clt of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRTION DATE THEREOF, CCORDANNCE WITH THE POLICY PROVISIONSE WILL BE DELIVERED IN Attn: Kari Olson/Purchasing Representative A 90 N Mountain Avenue Ashland OR 97520 AUTHORIZED REPRESENTATIVE Susan Wilson ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD CEPT NO.: 19936064 CLIENT CODE: 04716 emm. Wilson 4/23/2014 4:50:16 PM (PDT) Page 1 of 3 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY f BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section ll) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier, or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III - Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to cured does not apply e tthe additional insured by this endorsement still is "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ® 2005 The St. Paul Travelers Companies, Inc. Page I of 2 CEPT NO.: 19936064 CLIENT CODE: 04716 Susan WiISOn 4/33/2014 4:50:16 PM (PDT) Page 2 of 3 COMMERCIAL GENERAL LIABILITY 1. How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the additional insured for a loss we If. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by III. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the occurrence" or ante" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: S. The following definition is added to SECTION V. 1. Immediately record the specifics of the -DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means IL Notify us as soon as practicable. that Dart of any-written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ® 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 CERT NO, 19916064 CLIENT CODE: 04716 Susan Pilsen 4123/3014 4:50716 PM (PUT) Page 3 of CITY OF ASHLAND Council Communication April 1, 2014, Business Meeting Special Procurement - Building Repairs to Fire Station #1 FROM Mike Morrison, Public Works Superintendent, mike.morrison cQashland.or.us Dale Peters, Public Works Facilities Maintenance, dale.peters c2ashland.or.us SUMMARY This Contract-specific Special Procurement is being processed to directly award a contract to Adroit Construction to make building repairs to Fire Station #1. The exterior and interior wall was damaged due to a single vehicle accident. Adroit Construction constructed the building and has the experience and expertise to make the repairs to the building. The estimated cost is $10,386.00. BACKGROUND AND POLICY IMPLICATIONS: 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. AMC 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, 27913.065, 27913.070. 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. FISCAL IMPLICATIONS: City will be reimbursed by driver's vehicle insurance company. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the "Contract-specific Special Procurement" be approved. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Contract-specific Special Procurement to directly award a contract to Adroit Construction to make building repairs to Fire Station #1. ATTACHMENTS: Special Procurement Request for Approval Form Adroit Construction Standard Estimate Report Page I of I CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Faught, Mike Morrison, Dale Peters Date: April 1, 2014 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: Mike Morrison. Dale Peters 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Upon approval To: July 30, 2014 5. Total Estimated Cost: Current estimate $10,3 86.00 - Not to exceed $15,000.00 6. Short title of the Procurement: Fire Station #1 Exterior Wall Repair Supplies and/or Services or class of Supplies and/or Services to be acquired: Repair of exterior and interior wall damaged when vehicle struck building 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 Fom>.s(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: A formal competitive bid was processed for the construction of the new Fire Station #1 building and the contract was awarded to Adroit Construction Proposed Procedure: Direct award contract for building repairs to Adroit Construction Form #g - Special Procurement- Request for Approval, Page 1 of 3, 312612014 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Adroit Construction successfully built Fire Station #1 and they have the experience and expertise to make the necessary repairs to the building 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: Adroit Construction built Fire Station # 1 (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: Adroit Construction constructed the building and has the expertise to make the repairs (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 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: Adroit Construction constructed the building and has the experience and expertise required to make the repairs to the building. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement) Form #g - Special Procurement- Request for Approval, Page 2 of 3, 312612014 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 - [April Z, 2014, if approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [April 2, 2014, if approved by Council] 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 [April 1, 2014, ifapproved by Council]. This Contract-specific Special Procurement was processed to request approval to directly award a contract to Adroit Construction to make building repairs to the Fire Station #1. The exterior and interior wall was damaged due to a single vehicle accident. Adroit Construction constructed the building and has the experience and expertise to make the repairs to the building. The repairs are estimated to cost $10,386.00. 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, Dale Peters, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [April 9, 2014, ifpostedApril2, 2014] 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 #g - Special Procurement- Request for Approval, Page 3 of 3, 3]26]2014 I TstCity of Ashland, Oregon - RFPs Pagel of2 City of Ashland. Ore== /Administrative Services/ Purchasing Program / RFPs Purchasing Program Posting Number: PUBLIC NOTICE Project Name: SPECIAL PROCUREMENT Opening Date: 4/2/2014 Opening Time: 6:00:00 PM Due Date: 4/9/2014 Due Time: 04/09/2014 Description: PUBLIC NOTICE Approval of a Special Procurement First date of publication: April 2, 2014 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 April 1, 2014. This Contract-specific Special Procurement was processed to request approval to directly award a contract to Adroit Construction to make building repairs to the Fire Station #1. The exterior and interior wall was damaged due to a single vehicle accident. Adroit Construction constructed the building and has the experience and expertise to make the repairs to the building. The repairs are estimated to cost $10,386.00. 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, 27913.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 2796.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on April 9, 2014. 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. http://www.asWand.or.us/RFP.asp?RFPID=163&Print=True 4/2/2014 TstCity of Ashland, Oregon - RFPs Page 2 of 2 Please note: There is no bid packet to download. If you have any questions and/or would like additional information, please call 541-488-5354. Thank you. Request Bid Packet PRINT CLOSE http://www.asMand.or.us/RFP.asp?RFPID=163&Print=True 4/2/2014 ~I 1 r RECORDER Page 1 / 1 CITY OF ASHLAND ° DATE = ~="PO'NUMBER ' 20 E MAIN ST. 4/29/2014 12227 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 000013 S141PTO: Ashland Building Maintenance ADROIT CONSTRUCTION, INC (541) 488-5358 Pb BOX 609 90 N MOUNTAIN AVENUE ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: contact: Dale Peters Special Inst: Confirming? NO Quanta Unit' Description Building Repairs to Fire Station #1 10,386.00 Contract for Goods and Services Beginning date: April 16, 2014 Completion date: June 2, 2014 i 10 386.00 BILL To: Account Payable SUBTOTAL TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,386.00 ASHLAND, OR 97520 Account Number. Project Number .'::Amount'.'- ' °AccountNumber. - ` ProjectNumber . '.Amount - E 410.08.24.00.70420 E 000394.999 10 386.00 Autho5dd Signature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order e~ a ASHLAND REQUISITION p fG- ~8 - Date of request: Required date for delivery: Vendor Name pr c~ ~~B ~e, u~ . Address, City, State, Zip Contact Name & Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Witten findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or roosal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Prooosal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ 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 and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES Special Procurement Interoovemmental Agreement $5.000 to $75.000 [E'Form #g, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment 0 Written quote or proposal attshed Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: o i-~O i (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: 4W ' D-a4/ Date Description of /SERVICES Total Cost ~ Z~_ `rloL /8 ~Y Trt W 4. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTALtCOST ❑ Per attached quotelproposal ~DO~. g ~o oBa~7o~~eo TMs" r Project Number__-___---- Account Number AccountNumber___• - - - - - - - - - - - - - Account Number - 'Expendiiture 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: By signing this requisition form,l t the City's public contracting requirements have been satisfied. IT Director Date Support -Yes/No Employee: r Department Head: / /c n ( Department Manager/Supervisor: City Administrator: (Equal to or greater than $5,000) (Equal to or greater than $25,000) Funds appropriated for current fiscal year / NO 'I / / Finance Director- (Equal to orgreat r than $5,000) Date' Comments: Form #3 - Requisition