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HomeMy WebLinkAbout2014-306 Contract - Key Manufacturing & Rentals Inc Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Key Manufacturing and Rentals, Inc -AS H LA N D CONTACT: Annie Chisholm 20 East Main Street Ashland, Oregon 97520 ADDRESS: 18179 Boones Ferry Rd. Portland, OR 97224 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 597-2023 DATE AGREEMENT PREPARED: October 1, 2014 FAX: (503) 597-2040 BEGINNING DATE: October 27, 2014 COMPLETION DATE: March 31, 2015 COMPENSATION: Not to exceed $18,000.00 per quotes attached as Exhibit C and D. GOODS AND SERVICES TO BE PROVIDED: 2014 Fall Re-Install of Ice Rink Structure and Removal of Structure in Spring of 2015 - Includes set up, tear down, storage, cleaning and repair of ice rink tent for 2014/2015 season per quotes attached as Exhibit C and D. 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 279B.220, 2796.225, 27913.230, 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 $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in 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 12102/2014, 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 12/02/2014, 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. y V`- Contracto rf: ~ ~ r City of A hi d By -A~ t J 1~t By % Signature Department Head Matt atshbl m Atli"J A. ig2CQtk, Print Name Print Name SAe5 14-19 /9-td Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 3 of 5 DCHIBITA 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: 1Y (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. M (2) Commercial advertising or business cards or a trade association membership are f purchased for the business. y (3) Telephone listing is used for the business separate from the personal residence listing. St (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 4 of 5 CITY • ASHLAND. OREGON DCHIBITB City of Ashland LIVING VVA(31- below regulating of Ashland laws payment of living per hour effective June 30, 2014 ILA (Increases annually every June 30 by the Consumer Price Index) • • - - • - • portion of business of their 401 K and IRS eligible • . • - employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. 7 For all hours worked under a business from the City of service contract between their Ashland in excess of ❑ Note: " Employee" does not employer and the City of $20,14220. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,14220 or more. ❑ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the In calculating the living wage, Municipal Code Section errplayeds tirre in that month employers may add the value 3.12.020. working on a project or of health care, retirement, • additional • • Call the Ashland CityAdIministrator's offioe at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the citys website at www.ashIand.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF -ASH LAN D Contract for Goods and Services Less than $25,000, Revised 12/02/2014, Page 5 of 5 The Key Companies t e Rentals OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: 541-552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to UPDATED AS OF 12/2/14 Key Manufacturing and Rental, Inc. RE: 2014 Fall Re4nstall of Ice Rink Structure KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 500.00 (2) Key men travel @ 9 hours $ 1,440.00 (2) Key men on site 10 hours $ 1,600.00 (5) Temporry labor on site @ 10 hours $ 1,440.00 Lod ing/Per Diem $ 250.00 Key to provide lull forklift $ 800.00 Structure to be re-installed beginning 12/9/14 on site - Ashland, Or. $ $ DUE $ 6,030.00 ALL MERCHANDISE F.O.B. 50% due at install OFFER VALID 30 DAYS xxxxxxx balance due w/ invoice -10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services 18179 SW Boones Ferry Rd. Ph (800) 345-8368 Portland, OR 97224 www.keymanufacturing.com Fax (503) 597-2040 The Key Companies .:~8ti.\7:11 WG~idel;entals OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 211 East Main Street KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE: Removal of Structure - Spring of 2015 KEY REP: Annie Chisholm QUANTITY UNIT TOTAL Transportation $ 1,300.00 (4) Key men on site & travel 108 hrs $ 4,320.00 (4) Temp Labor on site @ 54.5 hrs $ 1,090.00 Lod ing/Per Diem $ 510.00 Seasonal Storage of Fabric at Key Salem $ 500.00 Forklift rental $ 1,500.00 Quote does not include fabric cleaning or repairs $ Cleanin repairs to be billed separately $ Repairs $70/hr - estimated at 15-20 hours $ Cleaning $40/hr - estimated at 90-100 hours $ Re-install Fall of 2015 not included in this OTS $ Forklift rental includes(1) 10K reach & 3260 sizzer lift for (2) days $ Sub-Total $ 9,220.00 less credit for (2015) removal $ (3,190.00) DUE $ 6,030.00 ALL MERCHANDISE F.O.B. 50% due w/ confirmation of order by 1211114 OFFER VALID 30 DAYS xxxxxxx balance due at completion of clean/repairs wl invoice -10 days THANK YOU FOR THE OPPORTUNITY( TO SERVE YOU FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE A Complete Concept in Event Services 18179 SW Boones Ferry Rd. Ph (800) 345-8368 Portland, OR 97224 www.keymanufacturing.com Fax (503) 597-2040 903948 A Hm m Resme Momxj at (sagmy October 14, 2014 KEY MANUFACTURING & RENTALS INC 18179 SW BOONES FERRY ROAD PORTLAND, OR 97224 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. BBSI's California customers can also verify BBSI's state certification at hLtp://www.dir.ca.gov/osip/PrivateRoggL.pdf, then scroll down to Barrett (the list is alphabetical by company name). Additional information is as follows: State: Oregon Workers' Compensation Limits: Employer liability Limits: Self Insurance Certification 1068 Statutory $5,000,000.0 Each Accident $5,000,000.0 Disease Coverage Limit by Client $5,000,000.0 Disease; Each Employee Other Comments (place an "X" if applicable): Q Named "Letter Holder": CITY OF ASHLAND 340 S PIONEER ST ASHLAND, OR 97520 Other: Additionally, BBSI's self-insured program is further supported by an excess workers' compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: PORTLAND (503) 403-1355 2 Centerpoint Drive Suite 120 Very truly yours, Lake Oswego, OR 97035 Michael L. Elich President and Chief Executive Officer doe: Lost-2 KEYM01 C OP ID: CDS CERTIFICATE OF LIABILITY INSURANCE 10114 FD / /2014 2014 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 541-245-1111 CONTACT United Risk Solutions, Inc. NAME: Nikki Russell PO Box 936 Fax: 541-245-1112 JAILPHONE Ext : 541-245-1111 MCC No : 541-245-1112 Medford, OR 97501-0067 ADDRESS: nikki.russeli@unitedrisk.com INSURERS AFFORDING COVERAGE NAIC 9 INSURER A: Mutual of Enumclaw 14761 INSURED Key Manufacturing INSURER B : & Rentals Inc. 18179 SW Boones Ferry Rd. INSURER C : Portland, OR 97224-7672 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER (MMIDDIYYYY) (MWDDtYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X CPP001097002 04/01/2014 04/01/2015 PREMISES Ea occurrence $ 1,000,00 CLAIMS-MADE a OCCUR MED EXP (Any are person) $ 10,00 PERSONAL & ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOP AGG $ 2,000,00 X POLICY PROT LOC $ AUTOMOBILE LIABILITY ECOMBINED ~d SINGLE LIMIT $ 1,000,00 A X ANY AUTO CPPOO1097002 0410112014 04!01/2015 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) S AUTOS AUTOS ( ) NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 1,000,00 A X EXCESS LIAB CLAIMS-MADE UM0000211202 0410112014 0410112015 AGGREGATE $ 1,000,00 DEC) X RETENTION S 10,000 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TORY LIMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA E. EACH ACCIDENT S (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Inland Marine CPPOOI097002 04/0112014 04/01/2015 Ded. 2,50 Equipment Rent/Leas 100,00 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Ashland, Oregon and its elected officials, officers and employee are additional insured with primary and non-contributory coverage including a giver of Subrogation per forms CG2026 07/04 and CG2404 05/09. Cancellation Clause IL 0279 09/08 included, CERTIFICATE HOLDER CANCELLATION CITAS03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATNE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPP0010970 02 COMMERCIAL GENERAL LIABILITY CO 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Adclitional Insured Person(s) Or Or anization(s) AS REQUIRED BY WRITTEN CONTRACT, SEE ME8802 18179 SW BOONES FERRY RD PORTLAND OR 97224 Information required to complete this Schedule if not shown above will be shown in the Declarations. Section 11 - Who Is An Insured is amended to in- sions or the acts or omissions of those acting on clude as an additional insured the person(s) or or- your behalf: ganization(s) shown in the Schedule, but only with A. In the performance of your ongoing operations; respect to liability for "bodily injury", "property or damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omis- B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of i UNIFORM POLICY NUMBER: CPP 0010970 01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY WRITTEN CONTRACT 18179 SW BOONES FERRY RD PORTLAND OR 97224 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV - Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09' ® Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services Uniform Forms TM IL 02 79 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common in violation of the insurance laws of Policy Condition is replaced by the following: Oregon or any other state; or 2. If this policy has been in effect for: (7) Loss or decrease in reinsurance a. Fewer than 60 days and is not a re- covering the risk. newal policy, we may cancel for any c. 60 days or more or is a renewal policy, reason. we may cancel for any other reason b. 60 days or more or is a renewal policy, approved by the commissioner by rule, we may cancel only for one or more of but only with respect to insurance pro- the following reasons: vided under the following: (1) Nonpayment of premium; (1) A package policy that includes commercial property and commer- (2) Fraud or material misrepresentation cial liability insurance; made by you or with your know- ledge in obtaining the policy, con- (2) Commercial Automobile Coverage P tinuing the policy or in presenting a art; claim under the policy; (3) Commercial General Liability (3) Substantial increase in the risk of Coverage Part; loss after insurance coverage has (4) Commercial Property Coverage Part been issued or renewed, including - Legal Liability Coverage Form; but not limited to an increase in ex- (5) Commercial Property Coverage Part posure due to rules, legislation or -Mortgageholders Errors And Omis- court decision; sions Coverage Form; (4) Failure to comply with reasonable (6) Employment-related Practices Liabil- loss control recommendations; ity Coverage Part; (5) Substantial breach of contractual (7) Farm Coverage Part - Farm Liability duties, conditions or warranties; Coverage Form; (6) Determination by the commissioner (8) Liquor Liability Coverage Part; that the continuation of a line of insurance or class of business to (9) Products/Completed Operations which the policy belongs will jeop- Liability Coverage Part; or ardize our solvency or will place us (10)Medical Professional Liability Cov- erage Part. IL 02 79 09 08 9 ISO Properties, Inc., 2007 Page 1 of 2 Wolters Kluwer Financial Services I Uniform Forms TM B. Paragraph 3. of the Cancellation Common than one year or without a fixed Policy Condition is amended by the addition of expiration date. the following: However, if this policy is issued for a term 3. We will mail or deliver to the first Named of more than one year and for additional Insured written notice of cancellation, stat- consideration the premium is guaranteed, ing the reason for cancellation. we may not refuse to renew the policy at C. The following is added to the Cancellation its anniversary date. Common Policy Condition: Nonrenewal will not be effective until at 7. Number Of Days' Notice Of Cancellation: least 45 days after the first Named Insured receives our notice. a. With respect to insurance provided 2. {Nailing Of Notices under 2.c.(1) through (10) above, can- cellation will not be effective until at a. If notice of cancellation or nonrenewal least 10 working days after the first is mailed, a post office certificate of Named Insured receives our notice. mailing will be conclusive proof that the b. With respect to insurance other than first Named Insured received the notice that provided under 2.c.0) through on the third calendar day after the date (10) above, cancellation will not be of the certificate of mailing. effective until at least: b. The following provision applies with (1) 10 days after the first Named respect to coverage provided under the Insured receives our notice, if we Farm Coverage Part: cancel for nonpayment of premium; If the first Named Insured has affir- or matively consented to our use of an (2) 30 days after the first Named electronic record to deliver notice of Insured receives our notice, if we cancellation or nonrenewal and has not cancel for any other reason. withdrawn such consent, then the elec- tronic record delivering notice of can- D. Paragraph 6, of the Cancellation Common cellation or nonrenewal satisfies the Policy Condition does not apply. requirement that the notice of E. The following are added and supersede any cancellation or nonrenewal be provided, provision to the contrary: or made available, to the first Named 1. Nonrenewal Insured in writing if we send the first Named Insured the electronic record We may elect not to renew this policy by with a request for a return receipt and mailing or delivering to the first Named we receive the return receipt. If we do Insured, at the last mailing address known not receive the return receipt, we may to us, written notice of nonrenewal before cancel or nonrenew the policy only the: after providing or delivering the notice a. Expiration date of the policy; or of cancellation or nonrenewal to the b. Anniversary date of the policy if the first Named Insured in writing, subject policy is written for a term of more to Paragraph 2.a. above. Page 2 of 2 0 ISO Properties, Inc., 2007 IL 02 79 09 08 903948 A Ham Raame Mmopmw Cogmy October 14, 2014 KEY MANUFACTURING & RENTALS INC 18179 SW BOONES FERRY ROAD PORTLAND, OR 97224 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. BBSI's California customers can also verify BBSI's state certification at http://www.dir.ca.gov/osip/PrivateRoster.pdf; then scroll down to Barrett (the list is alphabetical by company name). Additional information is as follows: State: Oregon Workers' Comoensation Limits: Employer Liability Limits: Self Insurance Certification 1068 Statutory $5,000,000.0 Each Accident $5,000,000.0 Disease Coverage Limit by Client L $5,000,000.0 Disease; Each Employee Other Comments (place an "X" if applicable): Named "Letter Holder": CITY OF ASHLAND 340 S PIONEER ST ASHLAND, OR 97520 Other: Additionally, BBSI's self-insured program is further supported by an excess workers' compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: PORTLAND (503) 403-1355 2 Centerpoint Drive Suite 120 Very truly yours, Lake Oswego, OR 97035 Michael L. Elich President and Chief Executive Officer aoc: LOST-2 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 - December 3, 2014 PUBLIC NOTICE Approval of a Special Procurement First date of publication: December 3, 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 December 2, 2014 This Contract-specific Special Procurement will allow the Parks Department to continue contracting with Key Manufacturing for the installation, removal, storage, cleaning and repair of the ice rink tent structure. Key Manufacturing successfully removed and stored this complex ice rink tent structure after the 2013-2014 skating season, and it is in the City's best interest to continue contracting with Key Manufacturing to provide these services for the Parks Department. 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, 279B.060, 27913.065, or 27913.070. 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,/Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on December 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. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 12/2/2014 CITY OF -ASH LAN D Council Communication December 2, 2014 Business Meeting Special Procurement for Key Manufacturing, Ice Rink Tent install and removal. FROM: Rachel Dials, Recreation Superintendent, rachel.dials@ashland.or.us SUMMARY Recommendation of a Special Procurement for Key Manufacturing for up to 5 years (through Ice Rink season 2019) for install and removal of the ice rink tent. Installation is set for December 9t" and removal is scheduled for no later than March 31, 2015. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Rotary Centennial Ice Rink, located at 95 Winburn Way received approval on November 25t", 2014 from the Planning Commission to install the Ice Rink tent. Parks staff received 3 quotes in 2014 for install, removal, storage, cleaning and repair of the tent from 3 different companies. Of the 3 quotes, Key Manufacturing was the low bid. Key Manufacturing out of Portland, Oregon removed the tent in April, 2014 and is very familiar with this type of structure. It would be in the City of Ashland's best interest to continue to work with this company. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Cost estimate for FY 2014-2015 is $18,000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season. The costs will be budgeted in the Parks and Recreation budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Approval of the Special Procurement for Key Manufacturing for set up and removal of the ice rink tent through the 2019 Ice Rink Season. SUGGESTED MOTION: N/A. ATTACHMENTS: Form #4 Determinations to Procure Form #9, Special Procurement-Request for Approval Page 1 of 1 CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST- FOR APPROVAL To: City Council, Local Contract Review Board From: Michael Black, Director, Ashland Parks and Recreation Date: 12-2-14 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: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Fall - 2014 To: Spring - 2019 5. Total Estimated Cost: Cost estimate for FY 2014-2015 is $18,000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season 6. Short title of the Procurement: Fall Re-Install of Ice Rink Tent Structure and Removal of Tent Structure in Spring Supplies and/or Services or class of Supplies and/or Services to be acquired: Installation, removal, storage cleaning and repair of the Ice Rink Tent Structure 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. Background: Parks staff received 3 quotes to remove the structure at the end of the 2013-2014 season. Quotes were received from Creative Tent $53,436.30, Noel Lesley $33,860.00 and Key Manufacturing $15,000.00. The quotes from each of these three contractors included installation removal, storage cleaning and repair of the tent The resulting contract was awarded to Key Manufacturing. Key Manufacturing successfully removed and stored the ice rink tent during the off season. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,121212014 Proposed procedure: Directly award a contract to Key Manufacturing on an annual basis for these services for the terms and services described and approved in this Special Procurement. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Parks staff was unable to locate another qualified contractor willing to provide and accept the responsibilities associated with the removal, reinstallation and storage of this tent structure. 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: Staff looked locally and there was only one other local company that was willing to give a quote. Staff called most local construction companies as well as 2 other local tent companies and all were unwilling to give a quote. (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: Staff looked locally and there was only one other local company that was willing to iveaquote. This company would not consider signing the City of Ashland contract and priced their quote $15,000 higher than Key Manufacturing. (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, 279B.060, 27913.065, or 27913.070, or any rules adopted thereunder because: Key Manufacturing successfully removed and stored the ice rink tent during the off season. It is in the City's best interest to contract with the same contractor, Key Manufacturing to reinstall this complex tent structure they removed last season and have been storing for the Parks Department. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,1212/2014 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 - December 3, 2014 PUBLIC NOTICE Approval of a Special Procurement First date of publication: December 3, 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 December 2, 2014 This Contract-specific Special Procurement will allow the Parks Department to continue contracting with Key Manufacturing for the installation, removal, storage, cleaning and repair of the ice rink tent structure. Key Manufacturing successfully removed and stored this complex ice rink tent structure after the 2013-2014 skating season, and it is in the City's best interest to continue contracting with Key Manufacturing to provide these services for the Parks Department. 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, 27913.065, or 27913.070. 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,/Ashland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on December 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. Form #9 - Special Procurement- Request for Approval, Page 3 of 3,121212014 Page 1 / 1 ASHLAND PARK COMMIS3taON`" 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 11125/2014 00416 (541) 488-5300 VENDOR: 004401 SHIP TO: KEY MANUFACTURING & RENTALS 18179 SW BOONES FERRY ROAD PORTLAND, OR 97224 FOB Point: Ashland, Oreqon Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Rachel Dials Special Inst: Confirming? Yes Quantity Unit Description Unit Price Ext. Price THIS IS A REVISED PURCHASE ORDER Ice Rink, Set up, teardown, storage, 18,000.00 cleaninq and repairs Set up December 9, 2014 - $6,030.00 Tear down & storaqe before March 31, 2014 - $6,030.00 Tent repairs - $70.00/Per hour Tent cleaninq - $40.00/Per hour Not to exceed $18,000.00 Contract for Goods & Services Beqinninq date: October 27, 2014 Completion date: March 31, 2015 Not to exceed $18,000.00 Special Procurement Approved by Council 12/02/2014 SUBTOTAL 18 000.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 18,000.00 Account Number' Project Number Amount Account Number Project Number Amount E 211.12.02.06.60211 18,000.00 l Authorized Signature VENDOR COPY FORM #3 CITY OF request for a Purchase Order ASHLAND REQUISITION Date of request: X4 1wi 1 Required date for delivery: 1215114- Vendor Name _ Address, City, State, Zip Contact Name & Telephone Number ` Fax Number 5b3 Q 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 quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # t] VerballWritten 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 TZ_Special Procurement Intergovernmental Agreement $5,000 to $75,000 Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment Written quote or proposal attach Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approv M Council: (Date) El Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost -5u 9,L I L %L+ Lvp , ~&L 6xzn c" 0-r 4D ty ad r' $ 1 ?)l 00th Item # Quantity Unit Description of MATERIALS Unit Price Total Cost q Uc~30`~ I-ar 17JUn 4 S)001. WAhrc, Mr t~" LD 114 Q031 o_°. TOTAL COST Per attached quotelproposal $ ND Project Number Account Number2.LL - L2,-(,rC ~p QZ1! 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 signin is req isition fo ka-b I certify that the City's public contracting requirements have been sat' ft d l Employe Department Head: /~/,~1i (Equalto or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YE / NO o e-1 Finance Director- (Equal to orgr erthan $5,000) Date Comments: Form #3 - Requisition