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HomeMy WebLinkAbout2019-272 20200177 Pacific Power Group GOODS & SERVICES AGREEMENT PROVIDER: Pacific Power Group CITY OF PROVIDER'S Mike Bourn ASHLAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 6200 South 6a` Way Telephone: 541/488-5587 Ridgefield, WA 98642 Fax: 541/488-6006 PHONE: 360-635-8850 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Pacific Power Group, a domestic business corporation ("hereinafter "Provider"), for generator maintenance, testing and repair. 1. PROVIDER'S OBLIGATIONS 1.1 Provide generator maintenance, testing and repair as needed for FY20 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Pacific Power Group 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A. 110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. I 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of $15,000 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $15,000 without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235. Page 2 of 5: Agreement between the City of Ashland and Pacific Power Group 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated July 16, 2019. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Pacific Power Group 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland - Public Works Attn: Wes Hoadley 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2355 With a copy to: City of Ashland - Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Pacific Power Group Attn: Mike Bourn 6200 South 6t' Way Ridgefield, WA 98642 360-635-8850 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9. 1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (1) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 5: Agreement between the City of Ashland and Pacific Power Group 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Pacific Power Group (PROVIDER): By: By: Signature Sig ature Michael D. Bourn Printed Name Printed Name Service Sales Manager Title Title / y 9/10/2019 Date Date Purchase (W-9 is to be submitted with this signed Agreement) Order No./-,` 7 7 Page 5 of 5: Agreement between the City of Ashland and Pacific Power Group _ ,FV PACIFIC . POWER SRO UP aC,~, July 16, 2019 City of Ashland Attention: Nicole Graham Fleet Services/ Facilities Maintenance 90 North Mountain Avenue t Ashland, OR 97520 tl Re: Generator Service Rates, July 1, 2019 thru June 30, 2020 Hello Nicole, Pacific Power Group's current rates for generator services are detailed below: • Posted labor rate for call outs and repair services: $140.00 per hour dayshift, Monday through Friday 8:00am to 5:00pm. o Overtime is billed at 1.5x dayshift • Discounted labor rate for scheduled maintenance services: $125.00 per hour dayshift, Monday through Friday 8:00am to 5:00pm. o Overtime is billed at 1.5x dayshift • Travel: Applicable labor rate, and $2.75 per mile. o Travel is invoiced round trip, portal-to-portal from our shop location for call outs and repair services, and one-way for scheduled maintenance services Scheduled services (Annual PM Services, Load Bank Testing, etc.) are typically quoted specific to the equipment and invoiced at a flat rate per the quoted price. A price quote for scheduled services on your power generation equipment can be provided upon request. 6100 South 606 Wuy l RrJyelield, Wit Ye6.1"< Q On-Highway QQ Power Generation Q Marine Q Industrial Engines PACIFIC POWER GROUP Pacific employs journeyman level technicians in the major population centers in which we operate. Oregon operations are managed and overseen from our primary service hub in Ridgefield, WA. We appreciate City of Ashland's continued business with Pacific. Please don't hesitate to contact me for any additional information or assistance. We look forward to serving you again soon. R Best regards,; Michael D. Bourn Service Sales Manager A Ph: 360-635-8850 Email: mbourn@pacificpowergroup.com x. r Encl: Contact List, W-9, Insurance Request Form 0100 South tith Way Riciyef,eld, 'NA 986,12 ACS CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYY Y) 9/5/2019 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 have ADDITIONAL INSURED provisions or 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). CONTACT PRODUCER N AME: Melody Kirkendall Durham and Bates Insurance PHONE FAX 720 SW Washington St. E-MAIL Ext). 503-241-0154 AIC Net: 503-542-0625 Ste 250 ADDREss: melod k dbates.com Portland OR 97205-3554 INSURERS AFFORDING COVERAGE NAICP INSURERA: Federal Insurance Co. 20281 INSURED INSURER B: Great Northern Ins CO 20303 Yaculta Companies Inc.; Pacific Power Group LLC; Southwest Products Corporation INSURER C: 805 Broadway St. Suite 700 INSURER D: Vancouver WA 98660 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1035580118 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 INSD Me POLICYNUMBER MMID~Y EFF MMIDD/YYYY LTR LIMITS B X COMMERCIAL GENERAL LIABILITY 36048941 511/2019 511/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 PERSONAL B ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY PRO- JECT D LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: Stop Gap Liability $1,000,000 B AUTOMOBILELIASILITY 73597757 5/1/2019 5/112020 COMBINEDSINGLE LIMIT $1,000,000 A 73597759-HI 511/2019 51112020 Ea accident X ANY AUTO BODILY INJURY (Per person) S OWNED ASCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY UTO S X HIRED X NON-OMED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY Per accident 8 A X UMBRELLALIAB X OCCUR 78185143 5/112019 5/112020 EACH OCCURRENCE $10,000,000 EXCESS OAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTIONS $ A WORKERS COMPENSATION 71756056 5/1/2019 5/112020 X IPER ~RH AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNEUEXECUTIVE YIN NIA EL EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDEDF (Mandatory In NH) E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Ashland, Oregon, its officers, agents and employees are Additional Insured on a primarybasis as respects General Liability perform 80-02-2367 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street pUTH REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOG A~ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Main Office Pacific Power Products Holdings Inc.; Pacific Power Group LLC; Southwest Products Corporation POLICY NUMBER 805 Broadway St, Suite 700 Vancouver WA 98660 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Pacific Power Products Holdings Inc. Pacific Power Group LLC Pacific Power Products Managements LLC Southwest Products Corporation Pacific Detroit Realty LLC Southwest Products Realty, LLC Pacific Power Products Profit Sharing & 401(K) Plan Hanco Industrial Engines Pacific Detroit Diesel-Allison Pacific Power Generation Pacific Power Products Company Pacific Power Rentals Perkins Pacific Pacific Marine Power Pacific Engine Works Pacific Reman Center Pacific Power Group Pacific Power Management Solutions Pacific Power Products Group Pkenergy Solutions Pacific Power Products Company LLC Pkenergy Solutions, LLC NMT Diesel, Inc. Northtrends TDS Inc Cascade Turf Farwest Golf Pacific Truck Performance Power Products Machine Pacific Detroit Diesel Allison Inc Profit Sharing Southwest Products Corporation dba Southwest Products Industrial ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C H U B B° Liability Insurance Endorsement Policy Period MAY 1, 2019 TO MAY 1, 2020 Effective Date MAY 1, 2019 Policy Number 3604-89-41 PTL Insured YACULTA COMPANIES INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added Who Is An Insured Addition! Insured - Persons or organizations shown in the Schedule are Insureds; but they are insureds only if you are Scheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an Insured; • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contractor agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Uability Insurance AddHorelinsursd- SrhedNedPersonOrOrganlzatlon continued Form 80-02-2367 (Rev. 5-07) Endorsement Page I ° i I CHUBBO Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance - If you are obligated, pursuant to a contract or agreement, to provide the person or organization Primary, NonContdbutory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance - Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization ororganization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized RePresentaRve - Liability Insurance Additional Insured - Scheduled Person Or Organization last page Form 80-02-2367 (Rev. 5-07) Endorsement Page 2 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of a class-special procurement for vehicle and equipment repairs and maintenance FROM Mike Morrison, Public Works Superintendent, mike.morrison(2cashland.or.us SUMMARY This "Class Special Procurement" (sourcing method) is being processed to seek an exemption from the competitive bid process and directly award public contracts to vendors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. The Class Special Procurement previously approved by Council on March 20, 2012 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 27913.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None Page r or2 11FAWA CITY OF ASHLAND FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for vehicle and equipment repairs and maintenance. STAFF RECOMMENDATION AND RE, OUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for vehicle and equipment repairs and maintenance. ATTACHMENTS: Form #9, Special Procurement - Request for Approval Form Page 2 or2 IL, CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Date: June 7, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). j 1. Requesting Department Name: Public Works / Fleet Maintenance i F 2. Department Contact Name: Mike Morrison 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1, 2016 To: June 30, 2023 5. Total Estimated Cost: Cost will be determined by the actual repairs maintenance and service that are required to be outsourced to maintain City vehicles and equipment k 6. Short title of the Procurement: Repairs maintenance and service that are required to be outsourced to maintain City owned vehicles and equipment. Supplies and/or Services or class of Supplies and/or Services to be acquired: The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost to maintain these specialized tools and diagnostic equipment in the City shop would be more costly to the City then outsourcing the needed repairs maintenance and service. l` 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the f following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement- Request for Approval, Page 1 of 3, 5/31/2016 Background:_ Contracts are awarded to contractors based on competency, qualifications, certifications, workmanship, expediency, availability and competitive pricing. Proposed procedure: Fleet Maintenance is seeking an exemption from the competitive bid process to DIRECTLY AWARD public contracts on an as needed basis to highly skilled and reliable contractors to perform repairs, maintenance and set-vice on City owned vehicles and equipment. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. On occasion, work to repair City owned vehicles and/or equipment must be outsourced. If so, trouble shooting may be required to detennine what repairs and maintenance are required to repair a specific vehicle or piece of equipment. There are also critical pieces of equipment that require immediate attention if a problem develops, and the work must also be completed immediately. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City currently contracts with various qualified, highly skilled and competent contractors to perform these services. There are also specific mechanics, set-vice facilities, dealerships and/or manufacturers that are competent and certified to do specific work on specific vehicles and/or equipment. The City considers competency, qualifications- certifications, reliability, expediency, availability and competitive pricing when making the decision as to who will perform the required services on City owned vehicles and equipment. If the City is contacted by additional competent contractors, they too will be considered to perform these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: It is mandator that pairs and maintenance be performed on City owned vehicles and equipment by highly skilled, qualified and competent contractors for their continued use and safe operation. (Please provide the total estimate cost savings to be gained end the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 27913.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to contract with competent and reliable contractors that are reliable, dependable and qualified to provide these services. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation (Please provide specific information that demonstrates how the proposed Special Procurement meets this requitement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,513112016 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B•055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [if approved, June 8, 20161 PUBLIC NOTICE Approval of a Special Procurement First date of publication: [if approved, June 8, 2016] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [if approved, June 7, 20161 This "Class Special Procurement" (sourcing method) was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [if posted, June 15, 2016]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the, award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 5131/2016 Purchase Order • Fiscal Year 2020 Page: 1 of: 1 THIS PO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES, AND SHIPPING DOCUMENTS. I ATTN: Accounts Payable Purchase 2 E. Main 20200177 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Public Works Department E PACIFIC POWER GROUP, LLC 1 51 Winburn Way N 6200 SOUTH 6TH WAY p Ashland, OR 97520 D RIDGEFIELD, WA 98642 Phone: 541/488-5347 O T Fax: 541/488-6006 R O Vendor Phone Number Vendor Fax Number Requisifion Number Delivery Reference541 779-4622 Wes Hoadle Date Ordered Vendor Number Date Required Freight Method/lerms Department/Location 09/24/2019 193 FOB ASHLAND OR City Accounts Pa able ttem# Descri bon/PartNo QTY UOM Unit Price Extended Pf de-` FY20 Generator Repairs 1 Description of Services: 1 $10,000.0000 $10,000.00 FY20 Generator Repairs as needed. Contract Name. Goods and Services Agreement Terms of Contract: Effective Date: 9/23/2019 Completion Date: 6/30/2020 Project Account: GL SUMMARY************ 086500 - 602223 $10,000.00 By: Date: d i, I J& Authorized Signature PO Total $10.000.00 PG#-: C)3`00 t FORM#3 CITY OF r , , : ASHLAND A F-y~~~,~:s,. for a itlln;h~~e, 0j.de REQUISITION Date of request: If19 Required date for delivery: Vendor Name Pacific Power Generation Address, City, State, Zip 6200 South 5th Wav Ridgefield WA 98642 Contact Name & Telephone Number Mike Bourn 360-635-8850 Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach cg of council communication -0f council approval required, attach co of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ Stale of Oregon ❑ DirectAward -(Attach copy of council communication) Contract # ❑ VerballWritten quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach co of council communication ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services >$5K & <$75K Agency PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5.000 and less than $75,000 ® Form #9, Request for Approval Agreement approved by Legal and approved/signed by ❑ Direct appointment not to exceed $35,000 ® Written quote or proposal attached City Administrator. AMC 2.50.070(4) ❑ (3) Written proposals/written solicitation Date approved by Council: June 7, 2016 ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: June 30 2023 Date approval required. (Attach copy of council communication) Description of SERVICES Total Cost FY20 Generator Repairs as needed $ 10,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number _ _ _ _ _ _ _ Account Number 086500-602223. '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 requisbon for , I certify that the y's public contracting requirements have been satisfied. Employee: Department Head: / QA 4b~ 77 23 M.'6001 (Equal to or greatertDepartment ManagerlSupervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year., YES / NO Deputy Finance Director- (Equal to orgreaterthan $5,000) Date Comments: