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HomeMy WebLinkAbout2016-157 Contract - Temp Air Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: TEMP-AIR, Inc. -ASHLAND CONTACT: Sean Gleason 20 East Main Street Ashland, Oregon 97520 ADDRESS: 440A Industrial Way, Longview, WA, 98632 Telephone: 5411488-6002 Fax: 5411488-5311 TELEPHONE: 360-791-3143 DATE AGREEMENT PREPARED: 06123/2016 FAX: 360-577-6046 BEGINNING DATE: 07/08/2016 COMPLETION DATE: 1/08/2010'7 COMPENSATION: $10,354.10 (complete installation and delivery, including 6 months rental) Per Temp-Air Estimate TC201606151453-0085attached as Exhibit C O tion 2 GOODS AND SERVICES TO BE PROVIDED: Rental of (2) each 5-ton portable interior cooling ac units, includes delivery and installation to the City of Ashland, Service Center, 90 North Mountain Ave, Ashland, OR 97520 per Temp-Air Estimate TC201606151453-0085, Option 2 (AFN headend room), Temp-Air Rental Terms and Conditions are attached as Exhibit D. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described'above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work.. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 2796.220, 27913.225, 2796.230, 2798.235, 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 $20,283.20 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 8 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 b certified mail or in person. Contract for Goods and Services Less than $25,000, Page I of 6 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: 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, $1,004,000, $2,000.000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit or the uivalent of not less than Enter one., Contract for Goods and Services Less than $25,000, Page 2 of 6 t ` $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 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, excluding Workers' Compensation, 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. 1$. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashlan ) By By Signature Department Head David Hanson y Print Name Print Name CFO 06/27/16! r Title D e W-9 One copy of a W-9 is to be submitted with / 9 (47 the signed contract. Purchase Order No. AP tVED AS TO FORM hla d t. Ity Att y r,>,6 Z3 Contract for Goods and Services Less than $25,000, Page 3 of 6 Dat EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached VII-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. 06/27/16 Contractor David Hanson, CFO (Date) Contract for Goods and Services Less than $25,000, Page 4 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIV-ING WA per hour effective June 30, 2016 {Increases annually every Juine 30 b the consumer Pace :1ndex) • - • - • . portion of business of their 401K 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. ➢ 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 $20,283.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,283.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- For all hours worked in a Ashland including the Parks month period. For more m anth if the employee spends and Recreation Department. details on applicability of this policy, please see Ashland 50 /o or more of the ➢ In calculating the living wage, Municipal Cade Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, f 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 at1 1 lt. Contract for Goods and Services Less than $25,000, Page 5 of 6 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, Page 6 of 6 440A Industrial Way - Longview, WA 98632 Toll Free: 800-859-1085 - www.temp-air.com 1,-\ TEMP June 15, 2016 Estimate Number: TC201606151453-0085 Wes Hoadley - Facility Supervisor City of Ashland 90 North Mountain Ave. Ashland, OR 97520 RE: City of Ashland-Server Room Cooling Dear Wes Hoadley - Facility Supervisor: Thank you for the opportunity to provide this estimate for temporary cooling/dehumidification of the City of Ashland-Server Room Cooling during the 2016 cooling season. Since 1965, TEMP-AIR has been America's leading provider of temporary, portable heating, cooling, dehumidifying, and air filtration rental services to the U.S. construction industry. Our 45+ years of engineering experience allows us to size and layout your project for maximum effectiveness. Part of our service to you includes accurate estimating of fuel consumption which, combined with labor, is the largest cost for any temporary air management project. Through innovative engineering, TEMP-AIR is committed to providing our customers with the lowest overall cost for their projects. We have selected the equipment for this project based on the specific conditions at your site. Wes, Design Conditions Building Description Server Room Windows and doors will be installed or covered with a material suitable to retain the design conditions. The total cooling load and energy consumption were calculated using project specific information and regional temperature data from the American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) and from the National Oceanic and Atmospheric Administration (NOAA). Information on ASHRAE and NOAA is available at htt ://www.ashrae.com/ and http://www..noaeL,~g-ov/. 1_-3 S TO F0RWt Ashland I. Ity Attorney 1 of 5 rG 1. _ Data - - x OPTION #1 Option #1- Requested Equipment Quantity Model Description BTU Tons CFM 1 PAC-10T2HD 10 Ton Air Conditioner 120,000 10 4,000 230V 3PH Heat/Dry 2 884600.015 Duct White Vinyl 20" X 25' 4 884600.164 Duct White Vinyl 14" X 25' Option #1 Recommended Equipment Electridal Requirements Quantity Model Description Volts PH Amps PAC-10T2HD 10 Ton Air Conditioner 230V 230 3 100 3PH Heat/Dry Option #1- Equipment 6-Month Rental Rates Rental rates must be determined at the time of order. Equipment rental rates are based on a two-week minimum charge. Additional rentals are pro-rated as follows: three days = one week, three weeks = one Four week Rate Quantity Model Description Each Extended 6-Month Rate 4 R84600.164 Duct White Vinyl 14" X 25' $151.20 $604.80 2 R84600.015 Duct White Vinyl 20" X 25' $194.40 $388.80 1 PAC- 10 Ton Air Conditioner 230V 3PH $7,711.20 $7,711.20 10T2HD Heat/Dry Extended Total: $8,704.80 Environmental Fee: $36.00 Rental Total: $8,740.80 Plus Equipment Training, 24/7 Service, and Initial Mart-Up @ No Charge Round Trip Freight Total: $900.00 Labor Total: $250.00-$500.00 Above pricing does not include labor for problems not incurred by TEMP-AIR, applicable taxes, energy consumption, or Installation. See "Additional Information" section below. Note: Six Month Rentals are billed on a one-time basis with payment due within the terms of the invoice. This option should be determined at the time of order. Please refer to our website for additional information on Terms and Conditions Pririna Guidelines and Environmental Fee. Thank you for your business, your proposal includes a discount of $2,24'1.00. 2 of 5 OPTION #2 Qp~iv_n #2 Requested Equipment Quantity Model Description BTU Tons CFM 2 PAC-5 5 Ton Portable Air Conditioner 230V 1 PH 60,000 5 2,000 4 R84600.015 Duct White Vinyl 20" X 25' Opt.-on #2 - Recommended Equipment Electrical Requirements Quantity Model Description Volts PH Amps 2 PAC-5 5 Ton Portable Air Conditioner 230V 1 PH 230 1 60 Option #2 - Equipment 6-Month Rental Rates Rental rates must be determined at the time of order. Equipment rental rates are based on a two-week minimum charge. Additional rentals are pro-rated as follows: three days one week, three weeks = one Four week Rate Quantity Model Description Each Extended 6-Month Rate 4 884600.015 Duct White Vinyl 20" X 25' $194.40 $777.60 2 PAC-5 I PH Ton Portable Air Conditioner 230V $4,070.25 $8,140.50 Extended Total: $8,918.10 Environmental Fee: $36.00 85,1° Rental Total: ?l s Egu merit irirr~q,~24r7 ery ce, aijd t Fia a t EVo~t~a gei v' Round Trip Freight Total: Labor Total: 25fl0U-50.0. Above pricing does not include labor for problems not incurred by TEMP-AIR, applicable taxes, energy consumption, or Installation. See "Additional Information" section below. Note: Six Month Rentals are billed on a one-time basis with payment due within the terms of the invoice. This option should be determined at the time of order. Please refer to our website for additional information on Terms and Conditions Pricing Guidelines and Environmental Fee. Thank you oryour.tsusinessi your Z ova al_incclu es a discount _af $2 957 10. L: & ; 3of5 Labor and Service Rates Field Service Rates . $125.00 per Hour • Monday through Friday Field Service Rates • $185.00 per Hour • Evenings, Weekends and Holidays Additional Information • Electrical procurement, distribution material and service connections are additional and not supplied by TEMP-AIR. • The customer is also responsible for: o Loading and/or off-loading of the equipment, if necessary. o Providing cranes, Lulls or forklifts and placement of all equipment. o Providing prepared access for the proper installation and ventilation of equipment. (Fresh Air, Supply or Return Duct) o Purchase and monthly changing of filters in equipment replacement filters are available from TEMP-AIR at additional cost initial set of clean filters is installed in equipment at time of delivery. • PAC-10 Set Replacement Filters_na $66.90 per unit - - o O,AC- 5 Set_Re ' I " emert ?4 57 er_untfi x2) . 122s14 o Hanging or securing of all duct or wiring, if necessary. Providing any permits and compliance with all state / local codes. o Misuse, damage, theft and abuse of the equipment. o Labor for problems not incurred by TEMP-AIR. • The above quote is based on equipment availability. • Installing or relocating equipment and changing of filters by TEMP-AIR will be invoiced at TEMP-AIR labor rates. Services Included In Rental Rates Assistance with o Estimating and design of the temporary heating system. o Initial startup of equipment. o Familiarization of system and equipment to on-site personnel. a Emergency service 2417/365. Periodic routine job site inspections and preventive maintenance. Certificate of Insurance is available on request describing multi-million dollar liability policy on our personnel and equipment. 4 of 5 I'M - Wes, Thank you for the opportunity to submit this proposal. If you have any questions or require any additional information please call me at our region office at 360-577-1545 or my mobile 360-791-3143. You may also contact me by email at stile- son(,,hemp-air rorn. Respectfully, Sean Gleason Senior Technical Field Representative TEMP-AIR, Inc Customer Acceptance: If this proposal is acceptable authorize by signing below and fax back to 360-577-6046. Equipment availability is subject to seasonal demands and acceptance of this proposal will allow us to reserve equipment for the period needed. o Option #1 6-Month Rates n'-Option #2 6-Month Rates Authorization for: City of Ashland-Server Room Cooling Wes Hoadley - Facility Supervisor Office City of Ashland Fax 90 North Mountain Ave. Cell Ashland, OR 97520 Email Signature: Date: PO: Northwest Sales Office Corporate Headquarters 440A Industrial Way 3700 West Preserve Boulevard Longview, WA 98632 Burnsville, MN 55337-7746 800-859-1085 360-577-1545 FAX 360-577-6046 800-836-7432 952-707-5050 FAX 952-707-5104 http l/www,t m, pp-air.com/ Confidentiality Notice: The following document may contain confidential information, which is legally privileged. Only the recipient named above intends the information for use. If you are not the intended recipient, any disclosure, copying distribution or use of this information contained is strictly prohibited. We apologize if you have received this document in error. Please call us at the telephone number shown above so we can remedy the situation. Thank you! 5of5 O m = i N z p ~ r 0 0 Q ° Z _ U- CL LLI a; K U z v z ~ Cl o w z o o I" ' U 0 0 O C) \ p LO N O C) H F- LLI U O - -J -j ej 04 to t- 'cr V) 0) LO LO - Q M w~ O w z Q vi V) Z (f) x 04 (f) < Lu La L) W 0:: Of Q U A C) Mw z QaQV vwiQ¢QcQn ° d Q LL Q~ J z z~^m w O O U V) z jwq Z vZ2 w z Z LU V) J U U Q ~ Z U w Z D LLI m a can O O LL) Of Or_ LL. cy Z Z C_ ly Z ° F- V w¢ w 0 0 D w 0 r7 }w w c a ~-LLJ - ? L? O r=- c=.7 C=a i- to in cn U U Vs ~ cn c a p Q O Z Z a - V) r C.) az~ o Lei ¢a7UawL~o=--~ Q.-- ~i O t.u 4 O 4 Q LO U Q ~ 4] L~ ¢ ~ w Mr, i u~7 r U m N . S Z t!3 C) • b z U Z Q Q I- O o Lai ~LL-Z Q U i Z N N C) X Ld U 0 lf} 00 Ca? © I- F- Z N ONNLo ~°co° D Li UU 4 N (L 0 Y w? w W _ Z L) ~J F- LLI e C) C) V) U) V) 0 W cn Z ^~p U Z Z O Z W w LLI (=Jy z C„Z i p a a j > _ O U U U (n x W W fn Z F- tL_l00 ZO X22= O O Z) t] uj L z O F- z W CD Z O O `L J Li z o a Uj LL C7 o o _ n?0~~~~l~-2ti mum= "Fills U m d 0 m 440A Industrial Way - Longview, WA 98632 Toll Free: 800-859-1085 • www.temp-air.com t ti--r TEMP June 15, 2016 Estimate Number: TC201606151453-0085 Wes Hoadley - Facility Supervisor City of Ashland 90 North Mountain Ave. Ashland, OR 97520 RE: Rental Terms and Conditions Dear Wes Hoadley - Facility Supervisor: Thank you for the opportunity to provide this estimate for temporary cooling/dehumidification of the City of Ashland-Server Room Cooling during the 2016 cooling season. Please see below for our rental terms and conditions. Let me know if you have any questions. RENTAL TERMS AND CONDITIONS By accepting the Equipment upon delivery, the "Bill To" party on the Invoice ("Customer") agrees with Temp-Air, Inc. ("Company") to these terms and conditions ("Terms"): Rental Charges and Taxies. Customer will pay Company for use of the "Equipment" and "Accessories"' ("Equipment") at the Rental Rate for the "Billing Days" (the "Rent" as shown on the Invoice. All Rental Rates are based on a 28 day month. Customer will also promptly pay when due all sales, use, property, excise and other taxes or assessments (whether federal, state or local), license or registration fees, other charges, and amounts in lieu of the foregoing (including interest and penalties thereon), however designated or levied, imposed on the Equipment, its use or rental excluding, however, taxes based on Company's income. The obligation to pay Rent and such taxes is without setoff and is absolute and unconditional under all circumstances. Customer is responsible for all costs and expenses of any kind whatsoever for the possession and use of the Equipment. Delivery; Risk of Loss. Company will have no liability for any delay in delivery or failure to supply Equipment. Customer shall bear the risk of all loss of or damage to the Equipment and loss of its use, whether caused by fire, flood, storm, accident, explosion, theft, wreck, act of God, hostilities, civil disturbance, strike, labor difficulties, machinery breakdown or any other cause whatsoever (each a ."Loss") from the time the Equipment leaves the premises of Company and until it is returned to the possession of Company and accepted by it. There will be no abatement or reduction of Rent on account of any Loss. Customer will insure the Equipment against all risk of Loss in an amount at least equal to 1 of 5 T r its replacement cost. If a Loss occurs, Customer shall be liable for the expense of repairing the Equipment, or if the Equipment cannot be repaired, then for an amount equal to the cost of purchasing similar Equipment from the manufacturer less the amount of any insurance or other recovery received by Company. Maintenance, Operation and Repair. Customer will, at its expense, cause competent and qualified personnel to properly install, operate and maintain the Equipment in good operating condition, in accord with applicable instruction manuals, laws and regulations. Customer will not do or permit any act to be performed with the Equipment which would result in endangering or injuring persons or property in the vicinity of the Equipment or the premises where it is being used, create a safety hazard, or interfere with the normal and satisfactory operation or maintenance of the Equipment. Company is not responsible for service and repair arising out of Customer's negligence, including improper use, over-firing, inadequate fuel or electric power, damage to the Equipment, or neglect. Customer will promptly notify Company of any breakage or failure of the Equipment and Company will, in its sole discretion, replace the Equipment, make repairs or authorize repairs. Any parts furnished in the course of repairs will become part of the Equipment. Customer will keep and use the Equipment only at the "Ship To" location specified on the Invoice and will not relocate or remove any Equipment without the prior consent of Company. Removal or Return of The Equipment; Quiet Enjoyment. Customer grants to Company the right to enter any job or location for the purpose of inspecting or repairing the Equipment, or to remove Equipment on twenty-four hours' notice if Company deems the Equipment is at risk due to improper use, over-firing, inadequate fuel or electric power, damage, neglect, or as otherwise reasonably. determined by Company. It shall be Customer's responsibility to notify Company when Equipment is no longer needed, at which time Customer will be advised how and where Equipment is to be returned. Customer will at its risk and expense promptly return the Equipment to Company at locations designated by the Company in the same condition as when delivered to Customer, ordinary wear and tear excepted. Prior to return, so long as Customer is not in default under these Terns, Company shall not interfere with Customer's possession and use of the Equipment. Ownership and Title; No Liens or Encumbrances. The Equipment is and shall at all times be and remain the sole and exclusive property of Company, and Customer has no right, title or interest therein, except for the right expressly provided for here to use the Equipment in the normal operation of its business. Company is permitted to display notice of its ownership on the Equipment by means of a suitable stencil, label or plaque affixed thereto. Customer will not attempt to assign its rights to the Equipment, sublet the Equipment, or move the Equipment away from the "Ship To" job site without first obtaining Company's prior consent. The Equipment will remain personal property regardless of its attachment to real property. Title to the Equipment will at all times remain with Company and Customer at its expense will defend the title of Company and keep the Equipment at all times free and clear of all claims, levies, liens or encumbrances except those created by or arising through Company. Customer will not pledge, lend, create a security interest in, or sublet the Equipment without Company's prior written permission. Customer will give Company immediate written notice of any attachment or other judicial process affecting the Equipment and will take action at its expense to prevent any third party from acquiring an interest in the Equipment. Financing Statement. Upon request, Customer will promptly execute and deliver financing statements in a form satisfactory to Company. Company and Customer specifically agree that this Agreement is intended as a true Lease and not as a security agreement, and any filing of a financing statement by Company is intended merely to protect the rights of Company. 2 of 5 11-7 Warranties and Disclaimers. Company warrants only that, at the time the Equipment is delivered to Customer, Company has the right to lease the Equipment to Customer. Customer acknowledges that it is not relying upon Company's skill or judgment to select or furnish Equipment suitable for its purpose or any particular purpose. All warranties are void if the Equipment has been subject to abuse or abnormal damage or use. Regardless of what representations may be contained in conversations, correspondence, labels, advertisements, owners manuals or warranty cards, Customer acknowledges that Company makes no warranty, express or implied, except the warranty provided in this section. THIS EXPRESS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR. PURPOSE. t I 1- IV T lip Liability Disclaimers, Indemnity and Insurance. Company expressly disclaims liability for, and Customer willfndemnify, hold harmless and defend Company (including its officers, directors, employees, agents and shareholders) against any claim, suit, liability, loss, damage (including indirect, consequential, special or punitive damages), lost profits or revenues, or expense of any kind (including attorney's fees) arising out of or caused, directly or indirectly, by: (1) the ordering, use, condition, performance, operation or transportation of the Equipment; (2) the inadequacy of the Equipment for Customer's purpose or any purpose; (3) a deficiency or defect in the Equipment or its component parts; (4) loss of use of the Equipment; (5) any loss of Customer's business; or (6) personal injury (including ed to be done, suffered or bodily injury or death) or property damage by reason of any'act done, permitt omitted to be done by Customer in connection with the u e of the Equipment, regardless of whether any of the aforesaid claims are based contract, tort, breach o warranty, product liability or otherwise. These indemnities survive termination of this agreement. Customer will carry liability insurance against any such liability in the sum of not less than One Million D~llars ($1,000,000) per occurrence/annual aggregate for any and all bodily injury or property dam ae in such form and with such insurance companies as shall be satisfactory to ComPany ry y J ~ 9 Reports. Customer shall immediately notify Company in writing of each accident arising out of the alleged or apparent manufacture, function or operation of the Equipment, describing the time, place and nature of the accident, damage to property or Equipment, and names of the persons involved or injured, if any. Default and Remedies. Any of the following will be a default by Customer: (1) failure to pay Rent when due; (2) failure to maintain liability insurance; (3) taking or permitting action to remove, sell, transfer, encumber, pledge, part with or sublet the Equipment; (4) the Equipment is attached, levied upon or seized; (5) irreparable damage, loss or destruction occurs to the Equipment; (6) bankruptcy or insolvency proceedings are commenced by or against Customer, or a receiver is appointed for the business of Customer; or (7) failure to perform Customer's agreements under these Terms. Upon the occurrence of Customer's default, Company may at its option take one or more of the following actions: (1) terminate this agreement for rental of the Equipment; (2) whether or not this Agreement is terminated, take immediate possession of any or all Equipment wherever situated and, for such purpose, enter onto any premises owned or controlled by Customer without liability for doing so; (3) terminate any outstanding option to purchase the Equipment; (4) sell, dispose of, hold, use or lease the Equipment as Company in its sole discretion may decide, retaining any surplus and holding Customer liable for any deficiency; or (5) purchase similar equipment from the manufacturer and recover the cost from Customer, less any insurance proceeds received by Company. Customer hereby waives notice and service of process and confesses judgment against it for any remedy provided herein. Customer remains liable for all unpaid Rent or other charges due under these Terms up to and including the day on which 3 of 5 f ~ _ Company obtains possession of the Equipment. Customer is responsible for all legal fees and other costs and expenses resulting from the foregoing defaults or the Company's exercise of its remedies, including the costs of repossession, repair, storage, transportation and disposition of the Equipment, collection costs and attorneys' fees. No remedy is untended to be exclusive, and each remedy shall be cumulative and in addition to any other remedy provided for in these Terms or at law or in equity. Miscellaneous. These Terms will be governed by the laws of the State of Minnesota. These Terms constitute the entire agreement between Company and Customer, superseding all prior communications and agreements between the parties. Those of Customer's proposed terms and conditions which are in addition to or inconsistent with these Terms will not be given any effect whatsoever. No provision of these Terns shall be deemed waived, amended or modified unless in writing and signed by the party against whom enforcement is asserted. Failure to exercise any remedy or the acquiescence in any default shall not be a waiver of any obligation of Customer. Any notice provided for shall be in writing and shall be sent by certified or registered mail to the appropriate party at the address stated on the Invoice. These Terms. will be binding upon and inure to the benefit of Customer and Company and their respective successors- Payment. All invoices are due, without setoff, 30 days after receipt. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Company harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed. on, in respect of, or otherwise associated with the order or the products. In the event of a payment default, Customer will be responsible for all of Company's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. Waiver of Jury Trial. The parties hereto irrevocably and unconditionally waive, to the fullest extent possible, their right to a jury trial in any suit, action or proceeding on any matter arising from or relating to these Terms. Rental Pricing Guidelines Prices do not include any applicable taxes of freight. A Season Rental for cooling equipment is 6 months or less in length with all rented cooling equipment to be returned by November 1 unless the transaction calls for other terms. After the original 6 months are completed on a 6 Month Rental, the billing will start again on a 4 Week basis at 1 /6 of the long term rate. A Season Rental for heating equipment starts anytime in the fall and extends in length until May 31 st unless the transaction calls for other terms. The daily rate is only to be used at the end of a rental contract or as a "weekend" type rate. The weekly gate is used after the minimum charge has been applied if the unit(s) are not used for a 4 week period. The weekly rate is also used to pro-rate a 4 Week rental that comes back prior to an even 4 week's worth of billing. If someone rents a unit on a 4 Week rate but,returns the unit after 7 weeks, the final billing should be for 3 weeks after an initial billing of one 4 Week rental. If the unit comes back after 45 days, the final billing would be 45 minus 28 (4 weeks = 17 days.) The billing would then be for 3 weeks since 3 days equals one week. '4of5 .r.' y _ WG:.~ ww.iL...au.+. ...:1-~~ .v.__u~..•,. ..;.'in..mw.~a.»+~u~ra.+,...~.,»...».:....... 3 days = 1 week, 3 weeks = 1 month, and 3 months = 1 season. Environmental Fee The Environmental Fee is a fee on corporations in industry groups that use, generate, or store hazardous materials or that conduct activities related to those materials. The Environmental Fee allows TEMP-,SIR to recover the costs related to environmental compliance and disposal of hazardous and controlled waste in our facilities. The fee covers regulated and non-regulated waste, including (but not limited to) waste disposal, Freon disposal charges, waste lubricant and oil, water filtration, parts washers, paint and solvents, electronics, batteries, fluorescent light bulbs, filter disposal, rags, scrap metals, waste licenses, and environmental fees charged to us by other vendors. The Environmental Fee is subject to modification should our environmental compliance costs change. The environmental fee is applied to the sum of your total equipment and service charges on your invoice or billing statement (excluding tax). Northwest Sales Office Corporate Headquarters 440A Industrial Way 3700 West Preserve Boulevard Longview, WA 98632 Burnsville, MN 55337-7746 800-859-1085 360-577-1545 FAX 360-577-6046 800-836-7432 952-707-5050 FAX 952-707-5104 http /lv~rv~!w~tem-a~r.com' Confidentiality Notice: The following document may contain confidential information, which is legally privileged. Only the recipient named above intends the information for use. If you are not the intended recipient, any disclosure, copying distribution or use of this information contained is strictly prohibited. We apologize if you have received this document in error. Please call us at the telephone number shown above so we can remedy the situation. Thank you? 5 of 5 SUNBELT", Page 1 of 2 RENTALS PC#: 109 SUNBELT RENTALS, INC. 10680 MAIN STREET NE Salesman: 10904 BERRY, CLARK JOSH t PO BOX 529 Typed By: DCOCHRAN TELEPHONE: 503-635-9670 Jab Site: QUOTE CITY OF ASHLAND, III I~II~IIIIIlIIlII~II~IIIIIII ~ III 90 N. MOUNTAIN [ t FLEET SHOP ASHLAND, OR 97520 Contract 61026522 C#: 541-488-5358 J#: 541-488-5358 Contract dt. 6/13/16 Date out.... 6/24116 8:00 AM Est return.. 10/10!16 8:00 AM Customer: OR CITY OF ASHLAND Job Loc..... CITY OF ASHLAND,;90 N. MOUNTAIN; CITY OF ASHLAND, Job No...... 1 90 N. MOUNTAIN P. 0. NR FLEET SHOP Ordered By.. HOADLEY, WES ASHLAND, OR 97520 NET DUE UPON RECEIPT QTY EQUIPMENT Min Day Week 4 Week Amount 1.00 12 TON AIR CONDITIONER 4110V 3PH 555.00 555.00 1250.00 2500.00 10000.00 1070213 4.00 1411 X 251 WHITE EVENT DUCT 10.00 10.00 25.00 50.00 800.00 1.00 501 #2 BANDED 4-WIRE 20.00 20.00 50.00 75.00 300.00 SALES ITEMS: Qty Item number Unit Price 1 DLPKSRCHG EA 187.000 187.00 TRANSPORTATION SURCHARGE: 1 ELABOR EA 75.000 75.00 2218XXX050 RENTAL PROTECTION PLAN 1665.00 DELIVERY CHARGE 1100.00 PICKUP CHARGE 1100.00 Wes onsite 541-951-5007 Sub-total: 15227.00 Total: 15227.00 • ♦ • ♦ R r ♦ • } . . R r • . . R a • . • } . . . . R • • . . . R • • • . ♦ • ♦ • r } } ► } . } R s r • . } w-- • R . • • w s • • R • R } • ♦ R : . . R . • r . • } • • } r • r • • • . . R R • • r • • • • R • r • • I R Rates your rESntal ex erience www.sunbQltrentals.com/scarves IF THE a .a NOT RK 7 MULTIPLE SHIFTS 4 OR CUSTOMER RESPONSIBLE PROPERLY NOTIFY THE OFFICE AT ONCE OVERTIME RATES MAY APPLY REFUELING, DAMAGES AND REPAIR 1. The total charges are an estimate based en the estimated rental period and oth -r information prodded by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental P Ned, inCeding injury and damage 10 persons, properly and the Equipment. 3. Cvstemer is responsible for and shall only permit properly trained, Authorittd I idividuats to use tie Equipment 4. It the Equipment does not operate properly, is not suitable far Customer's inter fed use. Jots sot have operating and safety instructionsor Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact $unbolt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result it serious lodily iniury at death and Customer agrees that Customer (ii assumes all risk associated thereunder, and (iil indemnities Sunbelt Entities for all claims or damages as 4 result of misuss or use of damaged or malfunctioning Equipment. R. Customer has received, read, understands and agrees to the estimatedcharges rod all the terms to this page, plus all sections an the reverse side of this contract I-Seciiono. including Release sod Indemnification in Section B and Environmental fee in Section 15, wh:cb can also be found at vrnw.sunbeHrentats.comVeitolc mliact. ' Delivetylpickup Surcharge Iea explanation is available at www sunbettrentals.comisurcharge. 7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick Up Number given by Sunbelt and will be responsible for Equipment until actually retrieved by Sunbelt. S. Customer waives its tight to a jury trial in any dispute as set forth in Seeder 11. 9. At the election of Sunbelt or Customer. Customer agrees to submit every dispu a to stbiIration and waives any right to bring a class action as set forth in Section 20. Continued on the next page... EZ www.snnbettroritals.coni " RNTOUTPIP (Rev 11/10/15) AC"Ra LIABILITY INSURANCE DATE (MM/DDM(YY) k- CERTIFICATE OF 6/27/2016 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 NAME: Certificates Department Kraus-Anderson Insurance PHONE (9552)707-8261 FAX A/C No): (952) 890-0535 420 Gateway Boulevard EMAIL Certificates@kainsurance.com AbDRESS: INSURERS AFFORDING COVERAGE NAIC # Burnsville MN 55337-2790 INSURER A-Amerisure Mutual Insurance Co. 3396 INSURED INSURER B :Travelers Pro Cas Co of Americ 5674 Temp-Air, Inc. INSURER C : 3700 West Preserve Boulevard INSURERD: INSURER E : Burnsville MN 55337-7746 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 Certificate REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE Fx_1OCCUR L20834880302 8/1/2015 8/1/2016 MED EXP (Any one person) $ 10 , 000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 -1 POLICY X PRO X LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED A20834790302 8/1/2015 8/1/2016 BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS OWNED Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10, 000, 000 DED X RETENTIONS ZUP-14S32173-15-NF 8/1/2015 8/1/2016 $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY I TORY LIMITS ER - ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C-2083480-03 8/1/2015 8/1/2016 (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The Certificate Holder and its elected officials, officers and employees are Additional Insureds under the Commercial General Liability and Auto Liability on a Primary/Non-Contributory Basis when required by written contract. The Umbrella Policy will follow the underlying Commercial General Liability and Auto Liability Policy forms as respects additional insureds. CERTIFICATE HOLDER CANCELLATION wes.hoadley@ashland.or.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Mark N. Ka.mpf/AMBER ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 (201005).01 The ACORD name and logo are registered marks of ACORD Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 6/30/2016 13601 IvAift ASHLAND, OR 97520 (541) 488-5300 VENDOR: 020268 SHIP TO: Ashland Fiber Network TEMP AI R (541) 488-5354 3700 W PRESERVE BLVD 90 N. MOUNTAIN BURNSVILLE, MN 55337 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: WES HOADLEY Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price RENTAL OF PORTABLE INTERIOR AC UNIT FOR 10,354.10 AFN HEADEND - INCLUDES COMPLETE INSTALLATION AND DELIVERY + 6 MONTHS RENTAL CONTRACT FOR GOODS AND SERVICES LESS THAN $25,000 BEGINNING: 07/08/16 COMPLETION: 01/08/17 SUBTOTAL 10 354.10 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 10,354.10 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.08.24.00.60221 3,447.92 E 691.02.47.00.60221 3,447.92 E 710.02.05.00.60221 3,458.26 Authorized Signature VENDOR COPY FORM, #3 CITY OF ASHLAND REQUISITION Date of request: 6/22/2016 Required date for delivery: 7/8/2016 Vendor Name TPmro Air Address, City, State, Zip 440A Industrial way, Longview. WA, 98632 Contact Name & Telephone Number Sean Gleason, 360-791-3143 Fax Number 360-577-6046 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 _ Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Counci`: Contract # El Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ 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 ® (2) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Agency ❑ Form #9, Request for Approval ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date (Attach copy of council communication) Description of SERVICES Total Cost 10354.10 Rental of (2) 5 ton portable interior ac units, delivery to 90 north mountain Ave Ashland OR 97520 $ and installation of ducting as per quote exhibit C option 2. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quotelproposal $ Project Number Account Number410-08-24-00-602210 33.3% Account Number691-02-47-00-602210 33.3% Account Number710-02-05-00-602210 33.4% *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, I certify, that the Gity's public contracting requirements have been satisfied,-, Employee: Department Head: rte. ~~r.t ~ (Equal to or greater than $5,000) Department Manager/Supervisor:` City Administrator: (Equal to or greater than $25,000) ~r r Funds appropriated for current fiscal year ,''YES / NO - ~ A2, zes Finance Director- (Equal to or greater than $5, 000) Date 0 Comments: Form #3 - Requisition CITY OF FORM #2 1-NSHLAND INV'ITA.TION TO BID EQUIPMENT RENTAL 11TERIMEDIATE PROCUREMENT Release date: 6/16/2016 Requested by (Wes 1-loadley/Facility- sttl)erviF.ortS41-552-?,55/541-552-2'304/u-cs.ho:tdleL',c asliland.or.us) Bids are due by (06,'21:?016) Complete delivery required by (7/7"16): Delivery Address 'Contact Name:90 north mountain Ave/ Wes Hoadley Preferred method of shipment: FOR Ashland Freight Prepaid Bids may be fated, cmailed or hand delivered. Vendors shall submit their bid on company letterhead. Informal email bids and/or late bids %vill not be accepted. Tears or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. -OR EQUAL. Any brand name listed in the slic.:fieations as "or equal- or "or equivalent- shall establish the minimum requirements for qunlity. utility. durability. function. purpose. etc. Other product hr ►nds may be offered that are equal to or better than the product brand name. Bidder may show cost differences, alternates and options in the space rroAdcd in the quote. This clause is not meant to be restrictive, but to set the minimum standard. THE CITY SHALL DETERMINE. IN ITS SOLI: DISC i t:Tl(-) . 1V1117-Tlll:r. A PRODUCTOFFERED IS N1'hcn the dcsi^nation is "or equ l' or "equivalent" City shall rnalx it,. decision aft r ?aid Closing. All "Tieing Must Be Held Firm For 30 Da1,s EQUIPMENT RENTAL AND INSTALLATION DESCRIPTION SPE '%"1IFICATIONS Price for rental of one 10 ton portable air conditioner unit for a period of4 months. Including price for ducting and ot:ier needed components to reach server j room. and installation of unit excl iding wiring tip unit (wiring to be performed by city electrician). Set: attached drawing for location and distance. l i Pnee to include delta er} and ptcl:~tp to 94 north mountain Ave Ashland OR 97520 I'refcrre l method of scj mcnv FOB Ashlan4- Freight Prepaid (Vendor to include shipping terms and cost in their bid.) L t1felltod of Atvard: DRS 379B.070 Intern-ediate Procurements. (4) I fa contract is alt-arde.•d. the contracting.; agency shall award the contract to the offeror whose 4,wote or proposal rill best serve the interests of the contracting agency. taking into account price as ivell as coitcideratior- i 7cluuing, tut not limited to. experience. expertise. prothrct ftntctionali{l', suitahi/it_v, for a particular purpose and contractor , esponsibilitY tender DRS 2 79B. 110. Form N2 - Intermediate Procurement. invitati )n to Bid.T.quipment. Page I of 2.6.11-5!2016 r~ Wes Hoadley From: Wes Hoadley Sent: Wednesday, June 15, 2016 1:54 PM To: 'Josh Berry'; 'sgleason@temp-air.com' Subject: invitation to bid portable Ac unit Attachments: 201606151337.pdf Attached is the invitation to bid on the portable ac unit. We are open to an outside unit that blows cold air into the AFN Headend room or a unit that sits inside the room and blows hot air out. Please include dimensions of unit and power requirements. Please have all bids submitted by no later than 2:OOPM Tuesday June 21 2016. Thank you Wes Hoadley, Maintenance Safety Supervisor City of Ashland Public Works 90 N. Mountain Ave, Ashland, OR 97520 Phone (541) 552-2355,Cell (541)951-5007 Fax (541)552-2304 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2356 . Thank you 1 Kristy Blackman From: Kristy Blackman Sent: Thursday, June 30, 2016 11:42 AM To: Mark Holden Cc: Lee Tuneberg; Douglas McGeary (Contractor - Legal Dept); Kariann Olson Subject: RE: Incorrect Dates on Contract - TEMP AIR Will do, thank you Mark. Kristy From: Mark Holden Sent: Thursday, June 30, 2016 11:41 AM To: Kristy Blackman <kristy.blackman@ashland.or.us> Subject: RE: Incorrect Dates on Contract - TEMP AIR Kristy, Thank you for catching the error. The end date should be 1/08/2017. Due to the timeline for getting this crucial equipment, please make the changes on the contract on our behalf. Regards, Mark Holden, director of IT and electric utility City of Ashland Email: mark.holden@ashland.or.us Phone: 541.552.2314 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2314. Thank you. From: Kristy Blackman Sent: Thursday, June 30, 2016 11:02 AM To: Mark Holden <mark.holden@ashland.or.us> Cc: Lee Tuneberg <lee.tuneberg@ashland.or.us>; Douglas McGeary (Contractor - Legal Dept) <legalcontractor@ashland.or.us>; Kariann Olson <kari.ol son ash land.or.us> Subject: Incorrect Dates on Contract - TEMP AIR Good morning Mark, Upon entering the Temp Air contract into Eden, I discovered that the dates on the contract were wrong, as per attached. Would you like for us to make the change on the contract, or would you like to change it and resend it? Thank you in advance, Administrative Assistant City of Ashland/Administrative Services/Finance 20 East Main Street, Ashland, OR 97520 541-552-2012 direct/voice, TTY 800-735-2900 541-552-2059 fax OF IMM This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2012 2