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HomeMy WebLinkAbout2022-041 PO 20230001- Pacific Power Group LLC Purchase Order ���I,a , Fiscal Year 2023 Pager 1 of: 1 Q'� RECORD B City of Ashland ATTN: Accounts PayableL 20 E. MainPurchase L Ashland, OR 97520 Order# 20230001 T Phone: 541/552-2010 O Email: payable@ashland.or.us V PACIFIC POWER GROUP, LLC H C/O Fleet/Shop Division E ATTN: ACCOUNTS RECEIVABLE I 90 North Mountain Ave N PO BOX 748720 p Ashland, OR 97520 • LOS ANGELES, CA 90074-8720 Phone: 541/488-5358 R Email: REMITTANCE@PAC-PO,WER.COM Fax: 541/552-2304 (541) 779-4622 Wes Hoadley " �_-�= 8 @31 _a 4gc]sj>�)EE'�I-yglsj= a�eU __?_�= ^'—z�1�, 73T7, 05/11/2022 193City AccountsPayable FOB ASHLAND OR - cep Generator Maintenance 1 Generator maintenance, testing and repairs FY23 1.0 $20,000.00 $20,000.00 Goods and Services Agreement($35,000 or Less) Completion date: June 30, 2023 Project Account: ***************GL SUMMARY*************** . 086500-602223 $20,000.00 I By: .19127 B : Date: 20 000.00 Au hori Signature .° � �iT , ., . 1 I ,'' FORM#3 CITY OF r,, r �- `- ( ASHLAND A request for a Purehasa cter REQUISITION Date of request: • 5/3/2022 Required date for delivery: Vendor Name Pacific Power Group Address,City,State,Zip 6200 South 6th Way, Ridgefield,WA 98642 Contact Name&Telephone Number Mike Bourn 360-635-8850 mbournta-�.pacificpowergroup.com Email address SOURCING METHOD D Exempt from Competitive Bidding 0 Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attachcopy of council communication) 0 Written quote or proposal attached O Written quote or proposal attached _(If council approval required,attach copy of CC) . • O Small Procurement 0 Request for Proposal Cooperative Procurement . Not exceeding$5,000 Date approved by Council: 0 State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract# • 0 Verbal/Written quote(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# —(Attach copy of council communication) 0 Other government agency contract Intermediate Procurement 0 Sole Source Agency . GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 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 approved/signed 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 0 Annual cost to City exceeds$25,000,Council ❑_ Form#4,Personal Services$5K to$75K 0 Written quote dr 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 Generator maintenance, testing and repair for FY23, $ 20,000.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost $ 0 $0.00 $ 0 $0.00 • $ 0 $0.00 ❑ Per attached quote/proposal • TOTAL COST $ $0.00 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 requis'tio form,I certify that e City's public contracting requirements have been satisfied. Employee: Department Head: ua slA J22' (Eqor greater than$5,000) Department ManagerlSupervisor: City Manager: . (Greater than$35,000) Funds appropriated for current fiscal year: ' / NO (:0Fina ce Director-(Equal to o/j. --r greater than$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Pacific Power Group CITY OF PROVIDER'S AS H LAN D CONTACT: Mike Bourn 20 East Main Street • Ashland, Oregon 97520 ADDRESS: 6200 South 6th 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/foreign • business corporation) ("hereinafter"Provider"), for generator maintenance,testing and repair. 1. PROVIDER'S OBLIGATIONS • 1.1 Provide generator maintenance, testing and repair 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 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 services defined and described in the "SUPPORTING DOCUMENTS" shallhereinafter 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 Page 1 of 6: Goods and Services Agreement between the City of Ashland and Pacific Power Group • • • • Be evidenced by a certificate or certificates of such insurance approved by the City. • 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 its 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 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. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Provider is 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.. Provider is also required to post the notice attached hereto as"Exhibit A"predominantly in areas where it will be seen by all employees. 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 the 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 riot create any contractual relation between the assignee or subcontractor and the City. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the hourly rates effective 4/13/22 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$20,000 (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 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 Pacific Power Group • 4 • 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 279B.220,279B.230 and 279B.235. 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 arisingunder 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, aiiy 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the 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 3.1.2 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 may 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). • • Page 3 of 6: Goods and Services Agreement between the City of Ashland and Pacific Power Group 1 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 all warranties to the City. • 4. SUPPORTING DOCUMENTS ' • 4.1 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 April 13, 2022. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary 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 provisioizs of two of the SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order • listed in Article 4.1. 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, 2023, unless sooner terminated as provided in Subsection 6.2. • 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 uncler 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 Page 4 of 6: Goods and Services Agreement between the City of Ashland and Pacific Power Group J 1 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—Fleet Maintenance Department Attn: Wes Hoadley 20 E. Main Street 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 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: (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 ordinancesthat 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 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. Page 5 of 6: Goods and Services Agreement between the City of Ashland and Pacific Power Group • • 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: 11.40ft.. ture Signature SosCr- 1kcuLy Michael D.Bourn Printed Name Printed Name PtY2 -1 lJef-e-s Com cca.-. Sr. Business Development Manager . Title Title emISI 22_ April 25,2022 Date Date is to be submitted with this signed Agreement) Purchase Order No. 7- 42" ( • • • • • • • • • • Page 6 of 6: Goods and Services Agreement between the City of Ashland and Pacific Power Group . PACIFIC POWER GROUP`-_- Y r April 13, 2022 City of Ashland t� Attention: Nicole Graham Fleet Services/Facilities Maintenance 90 North Mountain Avenue Ashland, OR 97520 Re: Generator Service Rates,July 1, 2022—June 30, 2023 Hello Nicole, Pacific Power Group's current rates for generator services are detailed below: • Posted labor rate for call outs and repair services: $155.00 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: $140.00 per hour dayshift, Monday through Friday 8:00am to 5:00prn. o Overtime is billed at 1.5x dayshift • Travel: Applicable labor rate, and $3.00 per mile. o Travel is invoiced round trip; portal4o-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 6th Way I Ridgefield,WA 98642 0 On-Highway (3 Power Generation C Marine . - ®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 primaryservice hub in Ridgefield, WA. We appreciate City of Ashland's continued business with Pacific. Please don't hesitate to contact me for anyadditional information or assistance. We look forward to serving you again soon. Best regards, Jt icflad owai Michael D. Bourn • Service Sales..Manager Ph: 360-635-8850 Email: mbourn@pacificpowergroup.com TMm Encl: Contact List, W-9, Insurance Request Form • • r • 6100 South 6th Way I Ridgefield,WA 98642 0 On-Highway ®Power Generation C Marine 0 Industrial Engines 1 1 '1j PACIFIC €' POWER GROUP — April 13, 2022 11. City of Ashland Attention: Nicole Graham Fleet Services/ Facilities Maintenance 90 North Mountain Avenue Ashland, OR 97520 Re: Generator'Service Rates,July 1, 2022—June 30, 2023 Hello Nicole, Pacific Power Group's current rates for generator services are detailed.below: • Posted labor rate for call outs and repair services: $155.00 per hour dayshift, Monday through Friday 8:OOam to 5:OOpm. o . Overtime is billed at 1.5x dayshift • Discounted labor rate for scheduled maintenance services: $140.00 per hour s dayshift, Monday through Friday 8:OOam to 5:OOpm. o Overtime is billed at 1.5x dayshift • Travel: Applicable labor rate, and $3.00 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 6th Way I Ridgefield,WA 98642 0 On-Highway Q Power Generation 0 Marine 0 Industrial Engines r,,lr 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 1 to contact me for any additional information or assistance. We look forward to serving you again soon. Best regards, Michael D. Bourn Service Sales Manager . Ph: 360-635-8850 Email: mbourn@pacificpowergroup.com Encl: Contact List, W-9, Insurance Request Form' 4t 6100 South 6th Way I Ridgefield;WA 98642 0 On-Highway 0 Power Generation Q Marine 0 Industrial Engines " A ® DATE(MM/DD/YYYY) ARD CERTIFICATE OF LIABILITY INSURANCE 5/2/2022 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). PRODUCER CONTACT ' Jessica Cleeton Durham and Bates Insurance • PHONE FAX 720 SW Washington St. (A/C.No.Ext): 503-241-9210 (Nc,No):503-542-0621 Ste 250 ADDRESS: jessicac@dbates.com Portland OR 97205-3554 - - INSURER(S)AFFORDING COVERAGE NAIC# • INSURER A: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:1000888522 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 TR TYPE OF INSURANCE INSD SUBR WVD POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MM/DDYYY) (MMIDD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y 36048941 5/1/2022 5/1/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR • PREM SESO(Ea occurrence) $1,000,000 • ' • MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY . $1,000,000 GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 - POLICY X Flaj LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: • Stop Gap Liability $1,000,000 A AUTOMOBILE LIABILITY 73597757 5/1/2022 5/1/2023 COMBINEDSINGLE LIMIT $1,000,000 A 73597759-HI 5/1/2022 5/1/2023 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED•AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) A X UMBRELLA LIAB X OCCUR 78185143 ' 5/1/2022 5/1/2023 EACH OCCURRENCE $10,000,000 • EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION - $ A WORKERS COMPENSATION. 71756056 5/1/2022 5/1/2023 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVEN N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? • (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,may be attached if more space is required) The City of Ashland,Oregon,its officers,agents and employees are Additional Insured on a primary basis as respects General Liability per form 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 AUTH•RIZED REPRESENTATIVE Ashland OR 97520 /if • • I 1 . • ©1988-2015 ACORD CORPORATION. All rights'reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • • • • AGENCY CUSTOMER ID: LOC#: • A 0� ADDITIONAL REMARKS SCHEDULE Page 1 of ,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 Solution's 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 OWP Engines • • • • I ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ♦ I � C H U B Bre Liability Insurance Endorsement • Policy Period MAY 1,2022 TO MAY 1,2023 • Effective Date MAY 1,2022 • Policy Number , 3604-89-41 PTL Insured YACULTA COMPANIES INC. Name'of Company GREAT NORTHERN INSURANCE COMPANY Date Issued • I I • This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured,the following provision is added. Who Is An Insured Additional 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 contract or 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 contractor agreement. • • • • • • Liability Insurance Additional Insured-Scheduled Person Or Organization continued Form 89-92-2367(Rev 5-07) Endorsement Page 1 • • • • • CHUBB° • ' 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 contractor agreement,to provide the person or organization Primary,Noncontributory 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 ' or organization. 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 Representative • • Liability Insurance Additional Insured-Scheduled Person Or Organization last page Form 80-02-2367(Rev.5-07) Endorsement Page 2 i • • 1•` 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@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 differsfrom 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 S Page 1 of 2 �r, • 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. • • • • • • • • Page 2 of 2. Vim, • CITY OF FORM#95 H LAND 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 • 4 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 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 reliablecontractors 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 3,5/3112016 &•' f • 1 • Public Notice: • Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agencyshall 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 8,2016] 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 7,201,6] • 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 a 15,. 201.6]. • 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 3,5/31/2016