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2014-321 Contract - Johnson Controls Inc
Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Johnson Controls ASHLAND CONTACT: Jared Fuhriman 20 East Main Street Ashland, Oregon 97520 ADDRESS: 588 Parsons Drive, Suite B, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-772-1121, Service line: 866-297-7793 DATE AGREEMENT PREPARED: 08/22/2014 FAX: 541-245-3475 BEGINNING DATE: 07/01/2014 COMPLETION DATE: 06/30/2015 COMPENSATION: Per fee schedule attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: HVAC (heating, air and ventilation) repairs and maintenance services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as determined by a representative of the City of Ashland. The Special Procurement for HVAC repairs and maintenance was approved b Council on 03/20/2013 and is valid until June 30, 2016. ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, 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 b City under an of the following Contract for Goods and Services Less than $25,000, Revised 08/22/2014, Page 1 of 5 conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to 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 Con traetc stra+F n expense provide the following insurance: a. Worker's Comp, ensati in~ urance in compliance with ORS 656.017, which requires subject employers to provide Ore _ emotion coverage for all their subject workers b. eneral I iabiIit nsuranc mbined single limit, or the equivalent, of not less than Enter one: $200,000, 0,00 , $2,000,000 Jr Not Applicable for each occurrence for Bodily Injury and Property Damage. _Lt-shall-include.c.Qntrac ~ overage for the indemnity provided under this contract. C. AAutomobile Li ance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, 000,00 Not Applicable for each accident for Bodily Injury and Property Damage, including coverage fo or non-owned vehicles, as applicable. Contract for Goods and Services Less than $25,000, Revised 08/22/2014, Page 2 of 5 d; Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to 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. Nona ppropriations 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 By ~S•iignature Department JAR-0) rL4J-fA_1AAAAI V\1\L ( P_ FLN-~1,0 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. Contract for Goods and Services Less than $25,000, Revised 08/22/2014, 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 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. (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. 4 Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 08/22/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE . • 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 For all hours worked under a assistance for the project or the employee. ➢ business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 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, lease see Ashland employee's or more of the ➢ In calculating the living wage Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 08/22/2014, Page 5 of 5 l ~l"`f ~ Johnson Controls, Inc. Serrina Harris 588 Parsons Drive, Suite B Tel: 541-227-5710 Johnson Medford, OR 97501 Fax: 541-248-3637 Controls Service Line: 866-297-7793 Serrina.C.Harris@JCI.com December 11, 2015 City of Ashland 90 N Mountain Ave Ashland, Oregon 97520 Below you will find our standard street rates for the Medford Oregon N58 service branch for 2015. Mechanic $110.25 hourly Controls Technician $116.25 hourly Mileage $1.75 per mile Disposal, Environmental and Usage Fee $40.00 Fuel Surcharges $35.00 If you have any questions please feel free to contact me. Serrina Harris Service Operations Systems & Services North America Johnson Controls Portland Medford Oregon Common Branch N58 Medford/Bend/Eugene Dispatch Service: 866-297-7793 Portland Dispatch Service 866-635-1302 URL: http://www.johnsoncontrols.com/ Johnson Controls welcomes our new York Equipment Representative for Oregon, Johnson Barrow, 971-717-7123 ,4co CERTIFICATE OF LIABILITY INSURANCE °ATE`MM,D°"YY"' F0911212014 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 CONTACT Marsh USA inc. NAME: PHONE FAX 411 E. Wisconsin Avenue A/C No : Suite 1300 E-MAIL Milwaukee, WI 53202 ADDRE : Attn: JCI.Certrequest@marsh.com INSURERS AFFORDING COVERAGE NAIC N 011077-CAS-14-15" 12-13 INSURER A : Old Republic Insurance Company 24147 INSURED INSURER B : North American Elite Insurance Company 29700 Johnson Controls, Inc. York International Corporation INSURERC: Indemnity Insurance Company of North America 43575 Attn: Corp. Risk Mgml X-92 INSURER D : ACE American Insurance Company 22667 P.O. Box 591 5757 N. Green Bay Ave. INSURER E : ACE Fire Underwriters Co 20702 Milwaukee, WI 53201 INSURER F: I COVERAGES CERTIFICATE NUMBER: CHI-OD4640217-04 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INVO POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY MWZY302769 10/01/2014 10/0112015 EACH OCCURRENCE $ 10,000,000 DAMAGE COMMERCIAL GENERAL LIABILITY 10,000,000 ' X PREMSET EaEoccurrence $ CLAIMS-MADE M OCCUR MED EXP (An one person) $ 50,000 X Contractual Liability PERSONAL & ADV INJURY $ 10,000,000 X XCU Included GENERAL AGGREGATE $ 30,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AG(; $ INC IN GEN AGG X POLICY PRO- LOC $ D AUTOMOBILE LIABILITY ISA H08828623 10/01/2014 10101/2015 COMBINED SINGLE LIMIT 5 000 000 Ea accident JX ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident) $ AUTOS AUTOS ( ) HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS P racdden $ B X UMBRELLA LIAB X OCCUR UMB 2000252 00 10101/2014 10/01/2015 EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION WLR 048018786 (AOS - Seepage 2) 10101/2014 10101/2015 X WC STATU- OTH- AND EMPLOYERS' LIABILITY DRY LIMITS D ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N WLR 048018804 (CA, MA) 10101/2014 10/01/2015 5,000,000 E OFFICER/MEMBER EXCLUDED? I N / A E.L. EACH ACCIDENT $ (Mandatory in NH) SCF 048018828 (WI) 1010112014 10/01/2015 5,000,000 El DISEASE - EA EMPLOYE $ D It yea, d DESCRIPTIOescribeN OF under OPERATIONS below WCU 048018816 (Excess WC - OH, WA) 10/01/2014 1010112015 E.L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The City of Ashland, Oregon and its elected officals, officers and employees are included as additional insured per the attached. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 East Main Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland, OR 97502 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukhelee ,r'10.+~ ow►u l c emu ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 011077 LOC Milwaukee AC 'O ® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls, Inc. York International Corporation POLICY NUMBER Attn: Corp. Risk Mgmt. X-92 P.O. Box 591 5757 N. Green Bay Ave. CARRIER NAIC CODE Milwaukee, WI 53201 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS COMPENSATION Workers Compensation 'ADS" Policy includes coverage for the following states: AK, AL, AR, AZ, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, M0, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV PRIMARY COVERAGE The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance, where required by written lease or written contract. For General Liability, this applies to both ongoing and completed operations. WAIVER OF SUBROGATION The General Liability, Automobile Liability, Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder and any other person or organization to the extent required by written contract. ADDITIONAL INSURED - AUTOMOBILE LIABILITY The Automobile Liability policy, it required by written contract, includes coverage for Additional Insureds as required by such written contract. ADDITIONAL INSURED - GENERAL LIABILITY For General Liability, if required by written contract, the following are included as additional insureds, as required pursuant to a written contract with a named insured, per attached Policy Endorsements A2 and A2A: THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE, AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. UMBRELLAIEXCESS LIABILITY The Umbrella/Excess Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance, or the minimum UmbrellalExcess Liability limit that is required by the written contract, whichever is less. However, 0 the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum UmbrellalExcess Liability limits required by the written contract, the UmbrellalExcess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. ACORD 101 (2008101) ® 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - ENDORSEMENT A2 Named Insured Endorsement Number Johnson Controls, Inc. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 302769 10/0112014 to 1010112015 Issued By Old Republic; Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): If required by contract, the person or organization listed on the certificate of Insurance as additional Insured, and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) Of Covered Operations: As required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused solely by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the some project GL 289 001 1012 MWZY302769 Johnson Controls, Inc. 1010112014 - 10/01!1095 IL 10 (12106) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - ENDORSEMENT A2A Named Insured Endorsement Number Johnson Controls, Inc. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 302769 16101/2014 to 10101!2015 Issued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by contract, the person or organization listed on the certificate of insurance as additional Insured, and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location And Description Of Completed Operations: As required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional Insured and included in the "products-completed operations hazard". GL 289 002 1012 MWZY 302769 Johnson controls, Inc. 1010112014 - 1010112015 IiTY ®IF ASHLAND Council Communication Special Procurement - Request for Approval HVAC Repairs, Maintenance & Service Meeting Date: March 20, 2012 .Primary Staff Contact: Mike Faught Department: PW/Facilities Maintenance E-Mail: Mike.faug_ht@ashland.or.us Secondary Dept.: Purchasing Secondary Contact: Dale Peters Approval: Dave Kanner Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve the request for approval of a "Class Special Procurement" to seek an exemption from the competitive bid process to directly award public contracts to contractors to perform repairs, maintenance and service as needed •and required to HVAC (Heating, Air & Ventilation) Systems in City owned buildings until June 30, 201? Staff Recommendation: Staff recommends the "Class Special Procurement" be approved. Background: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed Special Procurement, Approval Request Form, is attached for your review and consideration. Related City Policies: Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.06Q, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline) the "Class Special Procurement". Potential Motions: The. Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Class Special Procurement". .Attachments: Form #9, Special Procurement -Request for Approval Form Page 1 of 1 CITY OIF FO ASHLAND S . i - ~EciALTROC z Nrt ROVAL To: City Council, Local Contract Review Board ]From: Dale Peters, Facilities Maintenance Date: March 20, 2012 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is berm-presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards.set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works / Facilities Maintenance 2. Department Contact Name: Dale Peters 3. Type of Request: X Class Special Procurement Contract specific Special Procurement 4. Time Period Requested: From _ March 21, 2012 To: June 30, 2016 5. Total Estimated Cost: Cost will be determined by the actual repairs maintenance and service required to be performed on HVAC (Heating Air & Ventilation) systems in Ct buildings Estimated cost to maintain HVAC systems per fiscal year is $25,000. 6. Short title of the Procurement: Repairs, Maintenance and Service to HVAC Systems Supplies and/or Services or class of Supplies and/or Services to be acquired: Contractors to -perform repairs, maintenance and service as required to HVAC (Heating Air & Ventilation) systems in City owned buildings. There are critical areas within some of the stems that control the environment in sensitive areas and require immediate service if a problem develops It is mandatory that critical systems not fail in sensitive areas, such as the AFN Headend Control Room WWTP, and WTP. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement- Request forApproval, Page 1 of 3,12110/2012 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or. Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [March 21, 2012 - If approved by Council] PUBLIC NOTICE Approval of a Special Procurement First date of publication: ~ [14arch 21, 2012 - If approved by Council Enter date] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [jIllarch 20, 2012 -If approved by Council Enter date]. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service to the City's HVAC (Heating, Air & Ventilation) systems in City owned buildings. There are critical areas within the systems that require immediate attention if a problem develops, and it is mandatory that the systems in these critical areas do not fail. Public contracts will be awarded to HVAC contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [If]posted on.AllarcI7 21, 2011- expiration date will be 1111arch 2S, 2012]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3,12110/2012 PUBLIC NOTICE Approval of a Special Procurement - HVAC Repairs & Maintenance ]First date of publication: March 21, 2012 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on March 20, 2012. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service to the City's HVAC (Heating, Air' & Ventilation) systems in City owned buildings. There are critical areas within the systems that require immediate attention if a problem develops, and it is mandatory that the systems in these critical areas do not fail. Public contracts will be awarded to HVAC contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B:055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:OOpm on March 28, 2012. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. City of Ashland, Oregon - Agendas And Minutes Page 2 of 3 Fire Chief John Karns explained the Ashland Fire Department acquired a complete compliment of fire hose due to a FEMA Grant they received the year before. The surplus fire hose would help the Sixes Fire Department who was currently struggling with their budget. Although the National Fire Protection Association (NFPA) and federal guidelines often became policy for many fire departments, it did not bind them. Public Hearing Opened: 7:09 p.m. Public Hearing Closed: 7:09 p.m. Councilor Lemhouse/Voisin m/s that the fire hose be declared a surplus and approve the contract award. Voice Vote: all AYES. Motion passed. PUBLIC FORUM Julie Norman/596 Helman Street/Provided an update on the Mt. Ashland Ski Expansion discussion. The US Forest Service recently filed a motion to lift the 2007 Injunction that had stopped the expansion. The Plaintiffs filed a response. She attended the Mt. Ashland Association's (MAA) Board meeting the night before and distributed information regarding climate changes and precipitation. She noted the MAA Treasurer report stated MAA had more debt than assets to pay them and the board agreed to a special Study Session. She asked Council to add an agenda item to a future meeting to discuss the City's role now, to strengthen the Memo of Understanding (MOU), and write a letter to the US Forest Service pertaining to City involvement if implementation went forward. Councilor Slattery spoke- as the Council Liaison to both the MAA Board and the US Forest Service, acknowledged there were rumors to the contrary, but MAA and the US Forest Service would follow all the legal processes. He was meeting-with the US Forest Service the following week. Chris Hardy/774 B Street/Provided background on Village Farm and its organic certification through the USDA National Organic Program and expressed concern that Syngenta was growing genetically modified organisms (GMO) sugar beets just outside city limits. This prompted the formation of GMO- Free Jackson. County who were currently working on an initiative for the November ballot to ban GMO crop production in Jackson County. He explained organic farms do not use the same mode of operation as GMO farms and requested Council to have a Study Session regarding GMO's to discuss the issue further. Liza Maltzberger/1257 Siskiyou Boulevard/Addressed the 1929 Memorandum of Understanding (MOU) regarding the City's right to comment on the health of the watershed and the US Forest Service's obligation to listen. It was important for the City to remind the US Forest Service that they would be in contempt of court if logging occurred prior to the injunction being lifted. Eric Navickas/711 Faith Street/ Expressed concern Mt. Ashland would log preemptively. He agreed there were many rumors but attributed it to a lack of transparency from the US Forest Service and the Mt. Ashland Association (MAA) that they intended to exhaust full judicial process before implementing the project. He felt that it was imperative the City send a letter to the US Forest Service and add it to a future Council meeting for discussion to ensure they allow full judicial process to be exhausted. Once the judge lifted the injunction, the project could go forward. Council was in a strong position with the US Forest Service under the 1929 agreement and by not having the'lease. Councilor Slattery agreed with Mr. Navickas' testimony and added there were three stakeholders trying to ensure they were working within the law and currently were identifying the process and benchmarks. Once that was established, they would make it public but it would take time. Councilor Voisin/Slattery m/s the Council add to the agenda this evening consideration fora Study Session on Mt. Ashland and the US Forest Service after Councilor Slattery as the Liaison has the opportunity to discuss and deal with both entities. DISCUSSION: Councilor Voisin agreed on transparency, thought it was good Councilor Slattery was the Liaison to MAA and the US Forest Service and that a Study Session would help determine the City's future role. Councilor Chapman thought it was premature to discuss the role but agreed a discussion was needed at some point. Councilor Slattery thought in addition to a Study Session, a community dialogue needed to occur 'as well. Roll Call Vote: Councilor Voisin and Slattery, YES; Councilor Silbiger, Chapman, Lemhouse, and Morris, NO. Motion failed 2-4. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Will Council, acting as the local contracts review board, approve a construction contract with Pilot Rock Excavation, Inc., in the amount of $344,164 to construct the Schofield and Monte Vista Local Improvement District (LID)? http://ashland.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012 City of Ashland, Oregon - Agendas And Minutes Page 3 of 3 Engineering Services Manager Jim Olson explained the project started in 2007 and described the delays that'prevented the project from going forward until now. The project was recently re-bid and of the two bids the City received, Pilot Rock Excavation came in with the lowest bid. Staff recommended proceeding with the project as quickly as possible and urged Council to approve the contract. The LID contained 20 units with three lots that had potential for extra units reflected in the cost. The City would pay $13,613.82 because the cemetery was included in the LID and was sizable. Stuart Cotts/100 Schofield/Expressed his appreciation to Council and City staff regarding the project. Councilor Voisin/Chapman m/s to approve a contract with Pilot Rock Excavation Inc., in the amount of $344,164.00 for the improvement of Schofield & Monte Vista under Assessment District No. 87. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Should Council approve the First Reading of an Ordinance titled, "An Ordinance Amending Chapter 2.10.090 Council as Final Decision Maker and Chapter 2.10.100 Budget, Compensation and Expenses on the Ashland Municipal Code" and move the ordinance on to Second Reading? Councilor Morris/Slattery m/s to approve First Reading and set the matter for a Second Reading. Roll Call Vote: Councilor Chapman, Voisin, Slattery, Silbiger, Morris and Lemhouse, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 7:41 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor http://asMand.or.us/Agendas.asp?Display=Minutes&AMID=4859&Print=True 12/10/2012 Page 1 / 1 CITY OF i PO NUMBER ASHLAND 20 E MAIN ST. 8/21/2014 12459 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 007197 SHIP TO: City of Ashland-Warehouse JOHNSON CONTROLS, INC. (541) 488-5354 PO BOX 730068 90 N MOUNTAIN DALLAS, TX 75373-0068 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Dale Peters Special lnst: Confirming? No Quantity Unit Description Unit Price Ext. Price Repairs, Maintenance and Service to 20,000.00 HVAC SYSTEMS - FY 2015 Special Procurement Approved by Council March 20, 2012 Valid until June 30, 2016 Contract for Good and Services Beqinninq date: July 1, 2014 Completion date: June 30, 2015 SUBTOTAL 20 000.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 20,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.60240 20,000.00 AUtfiorized Signature VENDOR COPY ,mot' ce 6~r2~r/tom u FORM #3 CITY OF -ASHLAND REQUISITION Date of request: 30 JUL 14 Required date for delivery: Vendor Name unl MNTRnI R INC. Address, City, State, Zip PO RnX 730068 988 PARsnm; nR[VF~QI IITE R Contact Name & Telephone Number Fax Number DALLAS. TX 75373 MEDFORD OR 97501 866 6351302 541 7721121 FAX 541 254 3475 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 # ❑ 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 0- Special Procurement Intergovernmental Agreement $5.000 to $75,000 © Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment 2'Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: Oi (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: C~6 - a - t6 (Date) I Description of SERVICES Total Cost ~N1-~cN1~NGE'St=f~'J 1 TLL Ot= I~ C/,4 N 0 ~1=~~ i 1=17 E=~u~~~ r~l=r`7T $ 20,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number _ _ _ _ _ _ - _ _ _ Account Number 410.08.24.00.602400 Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition form, -ee>#ify that the City's public contracting requirements have been satisfied. l/ 2 t~~ID Employee: Department Head: (Equal to or ~ r han $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to orgreate n $5,000) Date Comments: Form #3 - Requisition