Loading...
HomeMy WebLinkAbout2022-040 PO 20230002- Pape Machinery Inc Purchase Order ,Ma _ Fiscal Year 2023 Page: 1 of: 1 118 B City of Ashland ATTN: Accounts Payable Purchase 20 E. Main 20230002 Ashland, OR 97520 Order# T Phone: 541/552-2010 O Email: payable@ashland.or.us E PAPE MACHINERY, INC. H C/O Fleet/Shop Division N 355 GOODPASTURE ISLAND RD#300 I 90 North Mountain Ave D EUGENE, OR 97401 P Ashland, OR 97520 OR Email: ARPAPE@PAPE.COM Phone: 541/488-5358 T Fax: 541/552-2304 11-7,4-.1=-1..i5$a e f�. ' Wes Hoadle _ 3� 9@ LE_ 4J-(a_ =_$a it a— t, se a Pd . 44 - !121!'!3[_ d1. 05/11/2022 55 1 -- FOB ASHLAND OR City Accounts Payable `ia'J 1CSe b Fleet Services 1 Fleet Services FY 23 1.0 $15,000.00 $15,000.00 Goods and Services Agreement($35,000 or Less) Completion date: June 30, 2023 Project Account: *************** GL SUMMARY*************** 086500-602223 $15,000.00 • By: Date: Z ; Autho zed i nature - ''15 000.00 • • FORM #3 . CITY OF r -e� o �° ASHLAND A request or a Purchase Jl'der • REQUISITION Date of request: 4/28/2022 Required date for delivery: Vendor Name Pape Machinery Address,City,State,Zip 4300 Hadley Drive,Central Point.OR 97502 - Contact Name&Telephone Number • Nick Lallo 541-294-5660 alallo@papemachinery.com ' Email address SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Invitation to Bid • ❑ Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) 0 Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) . ' ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: ❑ State of Oregon , 0 Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(s)or proposal(s) El Request for Qualifications(Public Works) ❑ Slate of Washington . Date approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement ❑ Sole Source Agency . _ ' GOODS&SERVICES • 0 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 bids and solicitation attached ❑ Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: ❑ Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approvedfsigned by ❑ Less than$35,000,by direct appointment ® Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ® Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council 1:1 Form#4,Personal Services$5K to$75K 0 Written quote or proposal attached . approval required.(Attach copy of council communication) Date approved by Council: June 7,2016 Valid until: . June 30.2023 • Description of SERVICES Total Cost Fleet services for FY23 - .:$,15 000 00 Item# Quantity Unit . Description of MATERIALS Unit Price Total Cost - . • $0 $0.00 $0 .$0.00 ' $0 $0.00 0 Per attached quotelproposal ; TOTALCOST ' $$0.46 Project Number: -_ _ _ • Account Number.086500-602223 - _ • *Expenditure must be charged to the appropriate account numbers for the financials fo accurately reflect the actual expenditures. • IT Director in collaboration with department to approve.all hardware and software purchases: - V IT Director Date Support.-Yes/No By signing this requisif on ,1 certify th t e City's Pu • 'ntracting requirements have been satisfied. - Employee: V - Department Head: S($I2.2—* qual to r greater than$5,000) Department ManagerlSupervisor:. City Manager: • ' (Greater than " Funds appropriated for current fiscal year I NO % "1I -2-Z_____ - Finance Dire or-(Eguaft8orgreaterthan$5,090) --V Date Comments: • Form#3-Requsillon ! l GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) 1 � PROVIDER: Pape Machinery CITY of PROVIDER'S I ASHLAND CONTACT: . Nick Lallo • 20 East Main Street Ashland,Oregon 97520 ADDRESS: 4300 H ddley Drive Telephone: 541/488-5587 Central!Point, OR 97502 Fax: 541/488-6006 PHONE: 541-772-4706 i , I This .Goods and Services Agreement (hereinafter "Agreement") is entered; into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City and Pape Machinery, (a domestic/foreign business corporation) ("hereinafter"Provider"), for fleet services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide fleet services for FY23 as set forth in the "SUPPORTING DOCUMENTS"attached hereto and) by this reference, incorporated herein. !Provider expressly acknowledges that time is of the essence ofi 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 exceedl the maximum compensation. - The 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 Dam age. 1.2.1 The insurance required in this:Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury,t 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 l or more such policies are intended to "layer" coverage'and, taken together, they provide E 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,Iits 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 6: Goods and Services Agreement between the City of Ashland and Pape Machinery, ! i . f • 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of it subject workers. 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 iwith 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,minorsity-owned business,woman-owned business, a business that a service-disabled veteranowns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. i ) I i. 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. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage,as defined# in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who; performs 50%or more of the Work under this Agreement. Provideris also required to post the notice! attached hereto as"Exhibit A"predominantly in areas where it will bel seen by all employees. ' c 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be; provided hereunder without the prior written consent of the City. Any attempted assignment or', subcontract without written consent of the City shall be void. Provider shall be fully responsible for thel acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval! by the City of any assignment or subcontract shall not create any contractual relation between the assignee! or subcontractor and the City. 1 -2. CITY'S OBLIGATIONS i 2.1 City shall pay Provider the hourly rates effective 4/12/2022 as specified in the SUPPORTING DOCUMENTS. I 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed t the sum of$15,000 •(this is maximum, not to exceed amount of ENTIRE Agreement).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 I • Provider and is free to procure similar types of goods and services from other providers in its sole ' discretion. , Page 2 of 6: Goods and Services Agreement between the City of Ashland and Pape Machinery I' + f I ii1 I` 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!Del nefits 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. 'j . 3.5 This Agreement may be amended only;by.written instrument executed with the same formalities as this Agreement. 3.6 The following lawsof the State of Oregon are hereby incorporated by reference into this Agreement ORS 279B.220,279B.230 and 279B.235. I 1 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. 1 • r 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, stilts, 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,l. employees,contractors,or agents under this Agreement. ! i 3.9 Neither party to this Agreement shall hold the other responsible foil 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. - 1 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. s 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the l Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the! Goods by the City. Provider remains liable for latent defects, fraud, and warranties. E 3.12 The City may inspect and test the Goods. The City may reject non-conforming'Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not Cure any defects within a reasonable time, the City mayl reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code,ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the GOods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor,material and manufacture. Provider shall transfer alllwarranties to the City. • Page 3 of 6: Goods and Services;Agreement between the City of Ashland and Pape Machinery! 1 , ) 4. SUPPORTING DOCUMENTS ' 4.1 The following documents are, by thisl 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 April 12,2022. 4.2 This Agreement and the SUPPORTING DOCUMENTS shaljl be construed to be mutually complimentary andsupplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions .of two of the SUPPORTING DOCUMENTS,theseveral supporting documents shall be given precedence in the order listed in Article 4.1. 1 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at fits 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; ; 1 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 orj• 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 int any order whatsoever. i t E 5.2 In no event shall City lie liable to Provider for any expenses related to termination of this Agreement ori 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 i i This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continuein full force and effect untilJune 30, 2023, unless sooner; terminated as provided in Subsection 6.2. ( I 6.2 Termination I 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 writtenotice, terminate this Agreement in' , for any reason deemed appropriate in its sole discretion. i 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 (1(1) 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 . t 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: ' t • If to the City: , t Page 4 of 6: Goods and Services Agreement between the'City of Ashland and Pape Machinery i E E i i City of Ashland—Fleet Maintenance Department Attn; Wes Hoadley 20 E. Main Street Ashland, Oregon 97520 . Phone: (541)552-2355 • 4 I With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 . Phone: (541)488-5350 i If to Provider: Pape Machinery Attn:Nick Lallo 541-772-4706 c 1 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 waiveraof any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS E 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, complyi with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS 1 chapters 316,317, and 318; i (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. ° 9.1.2 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 1 chapters 316, 317,and 318; 4 (ii) Any tax provisions imposed by a political subdivision o"f the State of Oregon applicable to l Provider;and i (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of! the foregoing tax laws or provisions. i, , • i 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 1 Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Pape Machinery' 1 • • 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: Pape Machi ery(P',OVID R : By: 11/ :•-• • By: 4111.111 ture Signature Seer 11/ar Ltello Printed Name Printed Name Ab( DI e,ccra . .5/ /4 ' ,e,ri/f;z9 I Title Title Date Date • (W-9 is to be submitted with this signed Agreement) FDDO Purchase Order No. • • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and PapeMachinery • rrj 11 . MACHINERY Pape Machinery 4300 Hadley Dr.Suite 102 Central Point OR 97502 • April 12,2022 City of Ashland 90 North Mountain Ave • • Ashland OR 97520 Rates for Goods and Services Agreement • Our current rates for service are a's follows. Shop$130.00 per hour • Field$150.00 per hour Travel$175.00 per hour • Service supplies charged at 5%of total labor up to$350.00. • • Nick Lallo Service Supervisor • • • 541-772-4706 Pape Machinery,inc. • • • Morbatk Breaker Technology,Inc. •Finn fax 541-776-3818 4300 Hadley Drive,Central Point OR 97502 17.44,), HITACHI Trail[Ong Industrips t Dynapac I Sakai)Inc. www.papemachinery.corn JOHN DEERE • Waratah i Fecon Gradall Superiorproom i i' J p . I A`C0 ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYyY) 03107!2022 1 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. 1 I IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. ' If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies {nay require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ( j PRODUCER- - CONTACT MARSH USA INC. • NAME: +7 111 SW COLUMBIA,STE.500 IAIC No.Eat): FAX No): PORTLAND,OR 97201 • E-MAIL• ss: I Attn:portland.certrequest@marsh.com INSURERS)AFFORDING COVERAGE NAIC B CN10192022fi STND GAWU-22-23 PM INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B:NIA NIA PAPE MACHINERY,INC. • CIO THE PAPE'GROUP,INC. INSURER C: P.0 BOX 407 INSURER D: EUGENE,OR 97440 . INSURER E:• i I 'r INSURER F: i COVERAGES • • CERTIFICATE NUMBER: ; SEA-003742779-08 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. I INSR ADDL SUBR ' LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDY!YYYY) (MM/DDIYYYY) - LIMITS I A X COMMERCIAL GENERAL LIABILITY X MWZY31610222 ' 03/01/2022 03/0112023 EACH OCCURRENCE s 5,000,000 DAMAGE TO U. CLAIMS-MADE n OCCUR 1 PREM SES Eu occurDene) 5 • 250.000 ' ©CONTRACTUAL UAB MED EXP(Any one person) 5 0 X PER PROJECT AGG$12M(CAP) PERSONAL a ADV INJURY $ 5,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: C GENERAL AGGREGATE S 6,000,000 ■ POLICY I X + ECT LOC PRODUCTS-COMP/OPAGG S 6,000,000 OTHER: 1 $ 4 A AUTOMOBILE LIABILITY X MWT631610122 - - 031012022 03/01/2023 COMBINED SINGLE LIMIT X ANY AUTO ! (Ea accident) 5 5,000.000 _ G BODILY INJURY(Per person) S 4 )( AWNED SCHEDULED ( BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE _ AUTOS ONLY _AUTOS ONLY (Per accident) 5 S f UMBRELLA LIAB _ OCCUR G EACH OCCURRENCE 5 d EXCESS LIAB CLAIMS-MADE ! AGGREGATE $ DED RETENTION S • f A WORKERS COMPENSATION • • MWC31610022 I 03101/2022 03/01/2023 X PER I DTH- S AND EMPLOYERS'L ABILITY Y!N STATUTE ER 1 ANYPROPRIETOR/PARTNERrEXECUTIVE ALL STATES EXCEPT OR OFFICER/MEMBEREXCLUDEO7 n N I A E.L.EACH ACCIDENT S 1, 0,000 (Mandatory In NH) INCLUDES STOP GAP LIABILITY { E.L DISEASE-EA EMPLOYEE S 1.000.000 describe under ONLY FOR STATE OF WA I 1,000 DESCRIPTION ,000 OF OPERATIONS below I EL DISEASE-POLICY LIMIT 5 • i, I I 1I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more spaco is required) I City of Ashland is Included as additional insured(except workers'compensation)where required by written contract , I ' • 1 • j • 8 1 1 CERTIFICATE HOLDER ! CANCELLATION 4 i • E City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Nicole Graham THE EXPIRATION DATE I THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main SI. ACCORDANCE WITH THE POLICY PROVISIONS. • Ashland.OR 97520 f ' I AUTHORIZED REPRESENTATIVE I • ) i I - ! Iiea.Jl.44VIs.04Tr2G. t ©1986-20161ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD •rt- . i . 4 • 1 AGENCY CUSTOMER ID: CN10,1920226 LOC#: Portland ACC D ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA INC. i PAPE MACHINERY,INC. . C/0 THE PAPE GROUP,INC. POLICY NUMBER PO BOX 407 EUGENE,OR 97440 CARRIER NAIC CODE !. - I EFFECTIVE DATE: ADDITIONAL REMARKS 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS'COMPENSATION(CONTINUED): OREGON M1 POLICY 4483762(PAPE'MATERIAL HANDLING,INC.) POLICY 8486875(PAPE'GROUP,INC.) POLICY 4730660(PAPE'TRUCKS,INC.) POLICY 4731864(PAPE'TRUCK LEASING,INC.) POLICY 4938352(PAPE MACHINERY,INC.) POLICY 4524683(PAPE'DW,INC.) POLICY#999867(WHITE BUTTE RANCH,LLC) • INSURER SAIF CORPORATION f i EFFECTIVE DATE 01/01/2022 t�t EXPIRATION DATE:01/01/2023 WORKERS'COMPENSATION LIMIT:STATUTORY EMPLOYER'S IJABIUTY LIMITS: 1. $1,000,00 BODILY INJURY BY ACCIDENT-EACH ACCIDENT 51,00,00 BODILY INJURY BY DISEASE-EACH EMPLOYEE 91,000,000 BODILY INJURY BY DISEASE-POLICY LIMIT • r C I } � F I i ACORD 101(2008/01) P ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD tpo f • IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY. THIS.ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. I k ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM • I SCHEDULE Name Of Persons)or Organization(e): ! j All persons or organizations as required by written contract or agreement •• 6 1 . II • With respect to COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured Is changed with the addition of the following: I j r I k Each person or organization shown In the Schedule for whom you are doing work Is an"insured". But only for"bodily Injury or"property damage"that results from the ownership, maintenance or use of a covered"auto"by: • 1. You; 2, an"employee" of yours;Or • 3. anyone who drives a covered"autowith your permission or with the permission of one of your "employees However, the Insurance afforded to the pen cn or organization shown in ttte Schedule shall not exceed the scOpe of coverage and/or limits of this policy. Not withstanding the foregoing sentence, in no event shall the insurance provided by this policy exceed the scope of coverage!and/or limits required by the contract or agreement I PCA 001 1013 ; MWre 31610122 The Papa Group,Inc. 03/01/22-03/01?23 i {{ . t - ' , ,,,''',,,s' • , . . ; . . t . . i i , • POLicY NUMBER: ; COMMERCIAL GENERAL LIABILITY • • ' I . 1 • ' CG 20 10 12 19 ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. . ADDITIONAL INSURED - OWNERS, LESSEES OR • CONTRACTORS -I SCHEDULED PERSON OR 1 ORGANIZATION , . . . , This endorsement moctifiesinsurance provided under the folloaring: COMMERCIAL GENERAL LIABILITY COVERAGE PART / , I SCHEDULE ; . . ; 1 1 - Name Of Additional Insured Person(e) • . Or Orginkation(s) Locatlon(s)Of Covered Operations Any person or organization whom you become obligated to include as Per the written contract Orlagreement an additional Insured as a result of,any wnbn contract or agreement you have entered Into that requirea such additional Insured coverage •'. ., . ? 1 . ' t . i , . , i • ' 1 . • • Information required to complete this Schedule,if not shown above,will be shown in the Deelarations. . I A. Section II —Who Is An Insured is amended to B. With respect to the Insurance afforded to these . include as en edditIonal, insured the person(s) or additional insureds, the following additional • organization(s) shown in the Schedule, but only en-elusions apply- With respect to liability for"bodilyinjurY", "Property ‘- This insurance rilaesi not apply to"bodily injury"or . damage° or i'personal: and advertising injury" caused,in whole or in part,by: . f "property damage'occurring after 1 • , 1. All work, including materials. parts or 1. Your acts or omissions;or I • equipment fuinished in connection with such Z The acts or omissions of those acting on your work, on' dila project (other than service, • behalf; 1 maintenance or repairs)to be performed by or i , on behalf of;the additional insured(s) at the In the performance of your ongoing operations for the additional insured(s) at the location(s) . location of the covered operations has been E designated above. I completed;or ' I I However . , 1 2. That portion of "your work" out of which the Injury or damage arises has been put to Its 1. The .Insurance afforded to suoli additional intended use!by,any'person or organization insured only applies to the extent permitted by other than another contractoror subcontractor law;and : engaged In 1 performing operations for, a 2. If coverage provided to the additional kisured is principal as a part of the same project. required 'by a contract or iii2reemeritj the Insurance afforded to such additional Insured •will. not be broader than that which you are required by the contract ,or agreement to 1 1 provide for such additional insured, . , 1 1 • I CG 20 10 12 19 . 6 Insurance Services Office,Inc.,2018 - Page 1012 ifiWZY 316102 22 The Pape Glum,Inc. 03i01122-03t01/23 „ t .i . . . . . I i • • • • • „. • • • C. With respect to the insurance afforded tot these 2. Available under the applicable limits of additional Insureds, The following Is added to insurance; I Section III—Limits Of Insurance: ! whichever Is less. • If coverage provided tO the additional insured is • This endorsement shall not Increase the required by a contract or agreement,the most we appliCable limits lof insurance. will pay on behalf of the additional Insured Is the amount of insurance: . , • 1. Required by the contract or agreement;or • , • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • Page 2 of 2 Insurance Services Office,Inc.,2018 CO 2910 12 19 MWZY 3161022Thle Pape Group.Inc. 03/01/22-03/9123 1. `I • 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,inike.morrison@ashland.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 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. • COUNCIL GOALS SUPPORTED: None ' Page 1 of 2 .. CITY OF ASHLAND FISCAL IMPLICATIONS: • Funds are budgeted each fiscal year for vehicle and equipment repairs and maintenance. STAFF RECOMMENDATION AND REQUESTED 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 i a. • • .Page2of2 ' FIF , • 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 ORS279B.085,this request for approval of a Special Procurement is being presented • to the City Council for approval.This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special . procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). • 1. Requesting Department Name: Public Works/Fleet Maintenance 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 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. 7.Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure.The Agency may,but is not required to,also include the following types of documents:Notice/Advertising,Solicitation(s),Bid/Proposal Forms(s),Contract . • Form(s),and any other documents or forms to be used in the proposed contracting procedure. Attach • additional sheets as needed. Form#9-Spedal Procurement—Request for Approval;Page 1 of 3,5/31/1016 . . • • • Background: Contracts areawarded 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 publiccontracts on an as needed basis to hely skilled and reliable contractors to perform repairs,maintenance and service 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 determine 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,service 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 mandatory that repairs 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 and the rationale for determining the cost savings);or X (b)(ii)will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055,27913.060,279B.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 requirement.) 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 thesame 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,'2016] 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 7,2016] 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.060,279B.065,or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address:City of Ashland,Purchasing Representative,Kari Olson,90 N.Mountain Avenue, Ashland,OR 97520. The seven(7)protest period will expire at 5:00pm on[if posted,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