Loading...
HomeMy WebLinkAbout2016-221 Contract - Hassell Fabrications Contract for Residential Fire Sprinkler Demonstration Trailer C I T Y OF CONTRACTOR: Hassell Fabrication -ASH L,AN D CONTACT: Brett Hassell, Owner 20 East Main Street Ashland, Oregon 97520 ADDRESS: 300 Dead Indiana Road, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-482-8730 DATE AGREEMENT PREPARED: 07/29/2016 FAX: 866-482-8858 BEGINNING DATE: August 1, 2016 COMPLETION DATE: September 30, 2016 COMPENSATION: $25,348.00 per bid attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Residential Fire Sprinkler Demonstration Trailer built to City's specifications included with Invitation to Bid attached as Exhibit C. 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. 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 $20,283.20 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 B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for Residential Fire Sprinkler Demonstration Trailer, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts A assign rights in, or delegate duties under, the Contract. e 16. Insurance. Contractor shall at its_c w eXpense provide the following insurance: a. Wo~l%fs Com„Qensatiomin~urance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or Contract for Residential Fire Sprinkler Demonstration Trailer, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies, 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. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contrac r: Cityrof Ashland i c B B Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with i. the signed contract. Purchase Order No. Contract for Residential Fire Sprinkler Demonstration Trailer, 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. C ntractor (D~te) Contract for Residential Fire Sprinkler Demonstration Trailer, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAUE per hour effective June 30, 2016 (increases annually every June 30 by the Consumer Price Index) • - . - portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ 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- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland 50% or more of the ➢ In calculating the living wage, Municipal Code Section 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 Residential Fire Sprinkler Demonstration Trailer, Page 5 of 5 EXHIBIT C CITY OF ASHLAND WORKERS' COMPENSATION INSURANCE CERTIFICATION CERTIFICATION OF COVERAGE: Contractor will maintain Workers' Compensation insurance coverage for the term of the contract and will provide Certificate of Workers' Compensation Insurance before Project Beginning Date. l CERTIFICATION OF EXEMPTION FROM COVERAGE: Contractor is exempt from the requirement to obtain workers compensation insurance under ORS Chapter 656 for the following reason (initial the appropriate box). SOLE PROPRIETOR ■ Contractor is a sole proprietor, and ■ Contractor has no employees, and ■ Contractor will not hire employees or subcontractors to perform this contract. CORPORATION - FOR PROFIT ■ Contractor's business is incorporated; and ■ All employees of the corporation are officers and directors and have a substantial ownership interest* in the corporation, and ■ All work will be performed by the officers and directors; Contractor will not hire other employees or subcontractors to perform this contract. CORPORATION - NONPROFIT ■ Contractor's business is incorporated as a nonprofit corporation, and ■ Contractor has no employees; all work is performed by volunteers, and ■ , Contractor will not hire employees or subcontractors to perform this contract. f PARTNERSHIP ■ Contractor is a partnership, and ■ Contractor has no employees, and --Att work-w be-e-e performed by the partners;-Contractor will not hire employees or subcontractors to perform this con ract, anc~- ■ Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** LIMITED LIABILITY COMPANY ■ Contractor is a limited liability company, and ■ Contractor has no employees, and ■ All work will be performed by the members; Contractor will not hire employees or subcontractors to perform this contract, and ■ If Contractor has more than one member, Contractor is not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement to real property or appurtenances thereto.** *NOTE: Under OAR436-50-050 a shareholder has a "substantial ownership" interest if the shareholder owns 10% of the corporation, or if less than 10% is owned, the shareholder has ownership that is at least equal to or greater than the average percentage of ownership of all shareholders. **NOTE: Under certain circumstances partnerships and limited liability companies can claim an exemption even when performing construction work. The requirements for this exemption are complicated. Consult with City Attorney's Office before an exemption request is accepted from a contractor who will perform construction work. ® DATE (MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE - 8/1/2016 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). ONTACT Joanne Abels PRODUCER C NAME: KPD Insurance, Inc. PHONE PO Box 784 A=_ No Firt)- 541-741-0550 FAx 541-741-1674 Springfield OR 97477 EMAIL . joannea@kpdinsurance.com A DR INSURERS AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Co. 19682 INSURED HASS01 C INSURER B : Hassell Fabrication, Inc. INSURER C : 300 Dead Indian Memorial Rd Ashland OR 97520 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1920226815 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 52UUNSV7401 6/15/2016 6/15/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY F-1 PRO ❑ LOC PRODUCTS -COMP/OP AGG $2,000,000 JECT OTHER: $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 52UUNSV7401 6/15/2016 6/15/2017 Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ UTS AUTOS $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER - WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N STATUTE ERH E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Property 52UUNSV7401 6/15/2016 6/15/2017 Special Form Replacement Cost $2,500 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named as Additional Insured as respects to General Liability when required by written contract per HC 26 69 06 05. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave ACCORDANCE WITH THE POLICY PROVISIONS. Ashland OR 97520 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD tl THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OREGON CHANGES - ADDITIONAL INSUREDS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the fallowing, COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 61. of Section ll, Who Is An Insured is With respect to the insurance afforded to replaced by the following: these additional insureds, this insurance does 6. Additional Insureds When Required By not apply to: Written Contract, Written Agreement Or Permit "Bodily injury", "property damage" or f. Owners, Lessees Or Contractors - When "personal and advertising Injury" arising out of Required In A Construction Agreement the rendering of, or the failure to render, any With You professional architectural, engineering or surveying services, including: Any owner, lessee or contractor when you (1) The preparing, approving, or failing to and such person or organization have agreed prepare or approve, maps, shop in a construction contract or agreement that drawings, opinions, reports, surveys, field such person or organization be added as an orders, change orders or drawings and l~ additional insured on your policy. Such person or organization is an additional insured specifications; or r-.....- only with respect to liability for "bodily injury", (2) Supervisory, inspection, architectural or "property damage" or "personal and engineering activities. advertising injury" caused by your negligence B. The following is added to Paragraph 6. of Section Il, or the negligence of those performing Who Is An Insured: _ operations on your behalf. g, Additional Insureds When Required By (1) In the performance of your ongoing Written Contract, Written Agreement Or Permit r~ operations for the additional insured; or g, Any Other Party (2) In connection with "your work" and included within the "products-completed Any other person or organization who is not operations hazard", but only if an Insured under Paragraphs a. through f. above, but only with respect to liability for (a) The written contract or agreement "bodily Injury", "property damage" or requires you to provide such "personal and advertising injury" caused, in coverage to such additional insured; whole or in part, by your acts or omissions or and the acts or omissions of those acting on your (b) This Coverage Part provides behalf: coverage for "bodily injury"' or (1) In the performance of your ongoing "property damage" included within the operations; or "products-completed operations hazard". (2) In connection with your premises owned by or rented to you. s~ Form HC 26 69 06 05 Page 1 of 1 0 2005, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) assell FA 13 R ICA TIO N 300 DEAD INDIAN RD ASHLAND OR 97520 (541) 482-8730 FAX 1-866-482-8858 July 7, 2016 Bid for City of Ashland to build a Residential Fire Sprinkler Demonstration Trailer. Built to spec on the invitation to bid, June 20, 2016. Cost to build $25,348 Contact : Brett Hassell Completion no more than 60 days from award of contract. Brett Hassell Owner Hassell Fabrication HASSELL FABRICATION, INC. 300 Dead Indian Memorial Road Ashland, OR 97520 Date Estimate # 541-482-8730 7/8/2016 AFD 2016 Name / Address CITY OF ASHLAND 20 E MAIN STREET ASHLAND OR 97520 Description Qty Cost Total Residential fire sprinkler demonstration trailer. Constructed form 20 foot shipping 25,348.00 25,348.00 container. As per invitation to bid June 20, 2016 Total $25,348.00 Customer Signature s CITY COF S LA N INVITATION TO BID Residential Fire Sprinkler Demonstration Trailer (Excluding Sprinkler System) Release date: June 20, 2016 Requested by: Kari Olson City of Ashland 90 N. Mountain Avenue Ashland, OR 97520 Tel: 541-488-5354 Email: Bids are due prior to: RESIDENTIAL FIRE SPRINKLER DEMONSTRATION TRAILER (Excluding sprinkler system) The specifications are attached to this ITB as Exhibit A. (Exhibit A must be completed and submitted with bid). Drawings are attached to this ITB as Exhibit B. The successful contractor will be required to enter into a contract with the City for this Fire Sprinkler Demonstration Trailer and provide insurance certificates in their own name for General Liability, Automobile and Workers' Compensation. Workers' Compensation insurance is mandatory. A copy of the contract is attached to this ITB as Exhibit C. Please provide an official bid on Your company letterhead, including the following information: 1. Company name and contact information. 2. Exhibit A- Specifications to be filled in and submitted complete with bid. 3. Firm price to manufacture and deliver unit complete as specified FOB Ashland 4. Provide number of days after receipt of order required to manufacture and deliver unit complete Bids may be emailed, mailed or hand delivered to Kari Olson (contact information above). Vendors shall submit their bid on company letterhead. Informal email bids and/or late bids will not be accepted. Terms or discounts which are conditioned upon payment within a certain time will not be considered for purposes of comparison of bids. Due date and time for submitting bids is Late bids will not be considered. If you have any questions and/or need additional information, please email Kari Olson at or call 541-488-5354. Thank you. Karl Olson Purchasing Representative Method ofAward: ORS 279B.070 Intermediate Procurements. (4) If a contract is awarded, the contracting agency shall award the contract to the offeror whose quote or proposal will best serve the interests of the contracting agency, taking into account price as well as considerations including, but not limited to, experience, expertise, product functionality, suitabilityfor a particularpurpose and contractor responsibility under ORS 2798.110. Form #2 - Intermediate Procurement, Invitation to Bid/Equipment, Page 1 of 1, 6/20/2016 EXHIBIT A Residential Fire Sprinkler Demonstration Trailer SPECIFICATIONS June 20, 2016 OVERVIEW The scope of this project is to build an ODOT (Oregon Department of Transportation) approved residential fire sprinkler demonstration trailer made from a CONEX type shipping container or equivalent, excluding sprinkler system. The trailer will have three compartments - one for storage, and two in which a fire will be burned. In one burned compartment, a fire sprinkler head will activate when the temperature at the ceiling reaches about 155 F degrees. In the compartment without the sprinkler head, the temperature at the ceiling could reach 1000- 1500 F degrees. The trailer will be used to educate the public about the benefits of residential fire sprinklers. The trailer will have two demonstration cells (Rooms #2 and #3). One will be equipped with a fire sprinkler head (Room 2) and one will not be equipped with a fire sprinkler head (Room 3). Simple and alike furnishings will be placed in each cell. A fire will be set in both cells at the same time. The fire in the sprinklered cell will be extinguished by the sprinkler head. The fire in the non-sprinklered cell will be allowed to burn to flashover before firefighters extinguish the fire. The residential fire sprinkler demonstration trailer will be towed by various fire departments to multiple locations on both surface streets and freeway roads with posted speed limits up to 65 miles per hour for the purpose of providing demonstrations. The towing vehicle will be a one ton pickup. Stability of the trailer will need to hold up during both driving, demonstration and storage conditions outdoors. Here is an example of a fire sprinkler trailer demonstration: Please note: This fire sprinkler trailer being used in this demonstration is wood frame built and smaller than the fire sprinkler trailer being requested in this Invitation to Bid. INSTRUCTIONS Bidder's shall circle "YES" or "NO" and/or provide the information being requested for each line item of the specifications. "YES" shall be understood to be the same as specified. If "NO" the bidder is still encouraged to provide an equivalent type substitution for what is specified and welcome to compete in the process. Exceptions and/or substitutions to the specified design and/or equipment will receive full consideration, provided the exceptions or substitutions are equal or superior to the specified product. The City reserves the right to reject a bid if the item being provided as an exception or substitution is not equal or superior to the product specified and/or appropriate for the intended application. ITB- Residential Fire Sprinkler Demonstration Trailer, Page 1 of 8 Bidders are welcome and encouraged to include any other additional recommendations and/or options that are available on a separate sheet of paper and labeled as "OPTIONS". Options are NOT to be listed on the City's specifications and/or as an exception or substitution. TRAILER AND TOWING SPECIFICATIONS 1. Provide box shipping container equivalent to a minimum 16 gauge steel Corten (all weathering steel) CONEX style shipping container. The box shipping container can be NEW or USED if it is excellent condition with NO RUST, and can be permanently mounted to a trailer. Structural integrity is a major factor for the intended application. If box shipping container is USED, it must be a 2015-2016 one trip dry good cargo shipping container in excellent condition and be a surveyed cargo worthy container. Bidders may include pricing and information for both NEW and/or USED box shipping containers. City will determine if box is acceptable for the application. Box and trailer NOT to exceed the following maximum dimensions: Maximum Height of box mounted on trailer: less than or equal to 13' to meet ODOT Exterior Exterior Exterior requirements LENGTH of WIDTH of HEIGHT of box box (only): 20' box (only): 8' (only): 8' 6" (13' is understood to be maximum height, from ground to top of box, allowed by ODOT - to be confirmed) Make: Model: Size (dimensions of box): dL ' ~C4 New (Year): Used (Provide written certification used box is a 2015-2016 one trip dry good cargo shipping container): Condition: Description (photos can be provided): Type of existing flooring in box shipping container (Ex: 1-1/8" marine grade plywood): Y ITB- Residential Fire Sprinkler Demonstration Trailer, Page 2 of 8 2. Lights and reflective equipment to meet ODOT (Oregon Department of Transportation) requirements for the final approved dimensions of the specified trailer. Please confer"Yes'° Wandatory, no exceptions. 3. Maximum built out GVWR of completed project not to exceed 10,500 Lbs. There may be limited flexibility in this weight, but any amount exceeding 10,500 Lbs would require prior approval of the City. GVWR weight rating certificate to be provided upon delivery. Provide GVWR: j J Cd 4. Trailer towing apparatus to be a trailer hitch bumper pull,style rated at a minimum of 12,500 Lb GVWR to be provided and installed on trailer. Name of trailer hitch manufacturer: 0 /09 Style and model number of trailer hitch: f Provide maximum GVWR of the trailer towing apparatus to be installed on trailer: 41-0 5. Electric trailer brake system to be rated for a minimum weight of 12,500 Lbs (to include payload inside the trailer). Name of electric brake manufacturer: Style and model number of electric brake system: 4C. J r r 6. Tires being permanently mounted on trailer are required to be appropriate load range rating to accommodate a minimum of 12,500 Lb GVWR. Name of fire manufacturer: Size of tire: LeT h 5g ML Type of tire: C f- Number of tires per axle: Number of'axles: I Load rating of tire: ITB- Residential Fire Sprinkler Demonstration Trailer, Page 3 of 8 7. Provide one (1) spare tire for trailer that is equivalent in size, type and load rating as the tires permanently mounted on trailer. Spare tire to be secured near trailer's tow hitch. Please confirm "Yes GENERAL INTERIOR AND DOOR SPECIFICATIONS 8. Room #2 (sprinklered) and Room #3 (non-sprinklered) are required to have the same interior dimensions estimated to be approximately 7' 6" lengthwise. Please confirm Provide interior dimension of both Room #2 and Room #3: 9. Interior ceiling joists to be constructed of 2" x 6" Douglas Fir #2 installed at 2 foot on center (not 16" on center due to weight allowances) running parallel to long (20') side of box. Yes / No If "no" please describe exception and/or substitution: 10. Interior three walls of storage room and all 4 walls (excluding doors) in Room #2 and #3 and interior walls between rooms are to be framed with 2" x 4" Douglas Fir #2 installed at 2 foot on center (not 16" on center due to weight allowances). Yes / No If "noplease describe exception and/or substitution: 11. Walls and ceilings of each of the three (3) rooms to be covered with one layer of construction grade 5/8" PLYWOOD, not OSB board. All plywood is to be screwed in using steel screws, not glued and/or nailed. The plywood will need to be removed and replaced periodically Yes` / No if "no"; please describe exception and/or substitution: ITB- Residential Fire Sprinkler Demonstration Trailer, Page 4 of 8 12. Floor in Room #2 and Room #3 (not Room #1/Storage Room) to have one layer of construction grade 5/8" PLYWOOD, not OSB board, installed on top of existing floor (1- 1/8" marine grade plywood). The plywood is to be cut to fit the interior dimensions of each room (Room #2 and Room #3) and screwed in to existing flooring (1-1/8" marine grade plywood) with steel screws. The plywood will need to be removed and replaced periodically. Option: Install plywood at a slight angle (approximately 1/4" to 1/2") to allow water to a flow out of each room. Contractors are welcome to provide installation options. Yes / No If "no". please describe exception and/or substitution: Please provide suggestions for how to install plywood at a slight angle to allow water to flow out of each room or do you recommend simply driving driver's side of trailer up onto curb and/or blocks to allow water to flow out of each room: op ,.-rG,5; G A-(Vev-5 5,a de- 4,U T,jj5-~~~ Ja rai~;.e . 13. The plywood (Room #1 and #2) and Hardie Board (Room #2 only) will be removed from the interior wall between Room #l and Room #2 and also from the ceiling of Room #2 when the sprinkler system is installed. The pieces of plywood and Hardie Board can be cut, labeled and provided separately for installation by the City at a later date or the contractor can install these materials with minimal screws to secure them in place, but also allow for easy removal. From a contractor's perspective, do you recommend providing cut to fit labeled pieces of plywood and Hardie Board for these two areas separately (not installed), or do you recommend installing these materials in a manner that will allow for ease in transporting trailer and for easy removal at a later date? City will consider both options. Materials to be installed and secured with minimal screws_for ease in transporting trailer and easy removal at a later date: Yes / No Or, materials will be cut, labeled and provided separately (not installed): Yes / No 14. Provide construction method(s) or sealant options to prevent smoke and water from migrating to Room #1 (storage room). Sealant options to be used in Room #1 only because construction materials will need to be replaced in Room #2. Describe construction options f or preventing water from migrating into Room #1 that is intended for storage: .a;k W1 &-ed A W;" 1 lb- -v 0- - 4, /14 tC 7 r fo' ja,~4- ITB- Residential Fire Sprin1der Demonstration Trailer, Page 5 of 8 15. Plywood walls and ceiling in Rooms #2 and #3 ONLY (not Room #I /storage room) are to be covered with Hardie Panels. The Hardie Panels will need to be removed and replaced periodically. Hardie Panel Specifications: Hardie Panel Vertical Siding Finish: Smooth Color: cobble stone Thickness:.312" Fasten with: Ribbed Bugle Head No. 8, 1" long Stainless steel screws Screws to be flush driven with panels butted together. Screws will be left bare with no touch up on the surface. US' / No If "no "I please describe exception and/or substitution: 16. A single door that opens to the left 180 degrees will be required to access Room #2 (sprinklered) and a single door that opens to the right 180 degrees will be required to access Room #3 (non-sprinklered). Please note that the exterior box wall extends one foot inside each room on each side of both rooms and the doors will be positioned one foot inside each side of each room. Each door to have the ability to lock from the outside. A mechanism that utilizes a padlock(s) is acceptable. Yes / No If "no ; please describe exception and/or substitution: 17 Double doors accessing Room #1, rear storage room, (rear of shipping box container) to open a minimum of 270 degrees. Doors will need to have the ability to lock. &es / No If "noplease describe exception and/or substitution: 18. Sprinkler System - Contractor building this residential fire sprinkler demonstration trailer will NOT be responsible for installing the sprinkler system. The sprinkler system will be installed by another contractor. Please confirm understanding 6"Yes ITB- Residential Fire Sprinkler Demonstration Trailer, Page 6 of 8 EXTERIOR PAINTING REQUIREMENTS 19. The exterior four (4) sides and top of box shipping container are to be appropriately prepped for painting. Then one coat of primer is to be applied and then FOUR TOP COATS of the specified dark red color paint are to be applied. Contractor building this residential fire sprinkler demonstration trailer will NOT be responsible for applying signage and/or decals. The City is responsible for applying signage and decals. One quart of extra paint in the specified dark red color is to be provided. Paint Specifications: Dark Red Pierce #145 Sikkens Auto Coat BTLV Base coat FLNA 3047 Please confirm 'Yes" Mandatory, no exceptions): Please confirm C'Yes" one quart of extra paint in the specified dark red color will be provided: 20. Sign mount will be 10' W x 5' H and WELDED (not bolted) onto driver's side of trailer. The sign mount will be centered lengthwise on the driver's side of the trailer and 6" from top of container. Sign mount to be smooth durable rigid 1/8" to 3/16" mild plate steel, painted the same as box shipping container. Contractor building this residential fire sprinkler demonstration trailer will NOT be responsible for applying signage and/or decals. The City is responsible for applying signage and decals. Please confirm (5(Mandatory, no exceptions): 21. The trailer frame will be painted black or gray. Color to be approved by the City. Please provide recommended paint color for trailer: COMPLETE DELIVERY 22. Provide written confirmation the residential fire sprinkler demonstration trailer can be manufactured and delivered complete FOB Ashland, Oregon within 45 to 60 days after receipt of order (provide number of days required to manufacture and deliver complete below). FOB Ashland, Oregon is mandatory, no exceptions. Delivery is a consideration due to grant and program requirements. City reserves the right to inspect the residential fire sprinkler demonstration trailer at the contractor's facility prior to contractor transporting completed trailer to the City of Ashland. Delivery Address: Ashland Fire Department, 455 Siskiyou Blvd., Ashland, OR 97520 Delivery complete FOB Ashland is mandatory, no exceptions (please confirm "YES Provide required to manufacture and deliver complete FOB Ashland ARO (after receipt of order): ITB- Residential Fire Sprinkler Demonstration Trailer, Page 7 of 8 w BIDDER'S RECOMMENDATIONS: 23. Optional and/or if applicable, bidder may recommend viable construction options for the trailer that will satisfy and/or meet MOT allowances and/or requirements. Recommendations: L 0-V a t-41 ce fUle - #/1 `4 9"'4c it ITB- Residential Fire Sprinlder Demonstration Trailer, Page 8 of 8 Purchase Order Fiscal Year 2017 Page: 1 of: 1 d ALL== W-M R R B City of Ashland ATTN: Accounts Payable L 20 E. Main Purchase L Ashland, OR 97520 Order # 66 T O V HASSELL FABRICATIONS, INC H C/O Fire and Rescue Department E 300 DEAD INDIAN MEMORIAL RD I 455 Siskiyou Blvd N P Ashland, OR 97520 D ASHLAND, OR 97520 O Phone: 541/482-2770 T Fax: 541/488-5318 R O Vendor Phone I~umbpr_ _1-endQr.1max-.7 umtlgr ~-S = - Mar ueritte Hickman Qate Ordered- 1l~ndQfNumb®m E~E ..1151 08/09/2016 226 FOB ASHLAND OR Cit Accounts Pa able _xter~d Rlo~ Item# 01 Fire Sprinkler Demo Trailer The Above Purchase Order Number Must Appear On All Correspondence - Packing Sheets And Bills Of Lading 1 Residential Fire Sprinkler Demonstration Trailer 1.0 EACH $25,348.00 $25,348.00 Department: Fire Vehicle #1030 Contract for Residential Fire Sprinkler Demonstration Trailer Beginning date: 08/01/2016 Completion date: 09/30/2016 GL Account: $25,348.00 GL SUMMARY 075100 - 703000 $25,348.00 4 Date: " , y $25,348.00 Authorized Signature FORM #3 F, CITY OF ASHLAND REQUISITION Date of request: Required date for delivery: Vendor Name Address, City, State, Zip Contact Name & Telephone Number t Fax Number -4 v 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) El State of Oregon Date approved by Council: F-1 Direct Award (Attach copy of council communication) Contract # F-1 Verbal/Written quote(s) or proposal(s) - ❑ State of Washington Intermediate Procurement", ~ ~4 ❑ Sole Source Contract # GOODS & SERVICES 171 Applicable Form (#5,6, 7 or 8) El Other government agency contract $5,000`to $100,000 ❑ Written quote or proposal attached Agency , (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/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 v' Item # Quantity Unit Description of MATERIALS Unit Price Total Cost tr a TOTAL COST ❑ Per attached quote/proposal $ Project Number=__"__-_ - AccountNumber__ Account Number - - - - Account Number=_ p ~e *Expenditure must be charged to the appropriate account numbers for the financials to accu(ately 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, t certify that the,City s public contracting requirements have been satisfied. d~ ,L l Head: ~pa men ~ Y Employee:x>~, , (Equal to or greater than $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 or greater than $5,000) Date w R Comments: Form #3 - Requisition