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HomeMy WebLinkAbout2022-118 PO 20230135- Perrine Industrial ELectrician Privi Purchase Order Crri �Ld ' 0R Fiscal Year 2023 Page: 1 of: 1 Fill T£'_ .=;• t B City of Ashland -tI1IiT fir. I ATTN: Accounts Payable Purchase L 20 E. Main 20230135 Ashland, OR 97520 Order# T Phone: 541/552-2010 0 Email: payable@ashland.or.us V H C/O Wastwater Treatment Plant E PERRINE INDUSTRIAL ELECTRICIAN I 1195 Oak Street N 6067 CRATER LAKE HWY ' p Ashland, OR 97520 CENTRAL POINT, OR 975,02 Phone: 541/488-5348 O T Fax: 541/552-2364 R siors�luru- [e$7ai` e Aus_rir E= _. ��+_ E: = aa� —_ (541) 826-5505 Ben Russell MRAOrtWc-0- tea_ :00A-77°777- 7-0'- 09/23/2022 333 FOB ASHLAND OR - City Accounts Payable Rebuild Pump Ashland Creek - 1 Rebuild 75HP Wemco pump for Ashland Creek pump station 1.0 $43,500.00 $43,500.00 Goods and Services Agreement(Greater than $35,000) Completion date: September 30, 2022 . Project Account: c ***************GL SUMMARY*************** 086100.-602400 $43,500.00 N • � Dill Date: (1 Auth• ize• Sign- ure • - = ' ,43 500.00 . / ,a,1-fr 4( � ( 2 FORM#3 ® ® �' � ( CITY OF i (. ' A.SHL '. N1 A r que: or ci Purchase vd( r REQUISITION Date of request: ,09/08/2022 Required date for delivery: Vendor Name Perri Industrial Electric Address,City,State,Zip6067 Crater Lake Hwy Central Point,OR 97502 Contact Name&Telephone Number 50-826-5505 Email address SOURCING METHOD 1 . ❑ Exempt from Competitive Bidding 0 I Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved.by Council: . -. 0 Form#13,Written findings and Authorization ❑ AMC 2.50 1(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached 7 - _(Ifcouncil approval required,attach copy of CC) ❑ Small Procurement • ❑ 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# , ❑ VerbalMtritten bid(s)or proposals) ❑ Request for Qualifications(Public Works) 0 State of Washington Dat approved by Council: Contract# (Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement 0 Sole Source Agency _ GOODS&SERVICES 0 Applicable Form(#5,6,7 or8) Contract# Greater than$5,000 and less than$100000 ❑ Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids&solicitation attached ❑ Form#4,Personal Services$5K to$751< 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 • ] Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council_9/1012019 Valid until:6/3012024 _ (Date) Description of SERA/ICES 1 i TOTAICOST Rebuild 75HP Wemco pump for Ashland Creek pup station ti q) ,, � � ��}pp},, 43 500 u()'-'0r �`gi ,�z� � ,i�0,.:4,,A:;--,,‘; Item# Quantity Unit ®escriptioiiii of IVI..,,'Q'E63iA9.S Unit Price Total Cost ❑■ Per attached quotelproposal i,gs,ArtYtIttitfra 14,,:::;q!..-g:.,7;3;.1;,:!-..1%.4: $43500;o>oT Project Number • Account Number 0 8 8 1 0 0-8 0 2 4 0 0 ; ; , ,, Account Number - Account Number - '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 ail hardware and software purchases: IT Director Date Support-Yes/No By signing this �rrequisition form,II certify that the City's public contracting requirements have been satisfied. _ Employee: t?.�— 1 V s��+� Department Hea :�1r- / .org=<terthan$5,000) Department Manager/Supervisor: City Manager: • ----/- 7---....—.- A/N - (Greater than 915)..0.Z Funds appropriated for current fiscal year: s/NO Finance Director-(Equal toorgreaterlhan$5,000) Date Comments: ... Form#3-Requisition GOODS AND SERVICES AGREEMENT (GREATER THAN $35,000) PROVIDER: Perrine Industrial Electricians Inc. CITY OF PROVIDER'S CONTACT: Stacey ASHLAND 20 East Main Street ADDRESS: 6067 Crater Lake Hwy Ashland,Oregon 97520 Central Point, OR. 97502 Telephone: 541/488-5587 PHONE: 541-826-5505 Fax: 541/488-6006 Email: Peroffice76@gmail.com This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland,an Oregon municipal corporation(hereinafter"City")and Perrine Industrial Electricians Inc.,a domestic business corporation(hereinafter"Provider"),for rebuilding a Wemco Pump. 1. PROVIDER'S OBLIGATIONS 1.1 Provide removal, rebuild, overhaul and repair a Wemco Pump for the Ashland Creek Pump Station as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledgesthat 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; and • Workers' Compensation. 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 Page 1 of 7: Goods and Services Agreement between the City of Ashland and Perrine Industrial Electricians Inc. • 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. 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. As evidence of the insurance required by this Agreement,the Provider shall furnish an acceptable insurance certificate prior to commencing any Work. 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 $24,050.68 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$43,500 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$43,500 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. Page 2 of 7: Goods and Services Agreement between the City of Ashland and Perrine Industrial Electricians Inc. 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 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 not create any contractual relation between the assignee or subcontractor and the City. 3.5 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. 3.6 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.7 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.8 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. 3.9 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. 3.10 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. 3.11 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. 3.12 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. 3.13 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 Page 3 of 7: Goods and Services Agreement between the City of Ashland and Perrine Industrial Electricians Inc. 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). 3.14 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 City's written sales Quote dated 4-26-22. 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 provisions 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 September 30,2022,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. Page 4 of 7: Goods and Services Agreement between the City of Ashland and Perrin Industrial Electricians Inc. 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 Department Attn: David Gies 20 E.Main Street Ashland, Oregon 97520 Phone: (541)552-2335 With a copy to: City of Ashland—Legal Department 20 E.Main Street Ashland, Oregon 97520 Phone: (541)488-5350 If to Provider: Perrine Industrial Electricians Inc. Attn: Stacey 6067 Crater Lake Hwy Central Point, OR. 97502 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 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 chapters 316,317, and 318; Page 5 of 7: Goods and Services Agreement between the City of Ashland and Perrine Industrial Electricians Inc. 1 • (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 enthrcc 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 O 1 A ' LAND: Perrine Industrial F •ctricians I ',(P"O, IDER): By: , �-qq By: `1 /ter% ity A�afrager Signature. SA-400 /1-714.5 Printed Name Printed amc - Dale Title �j Date Purchase Order No. ( ` (W-9 is to be submitted with this signed Agreement) Digitally signed by Douglas D&U IaS'I0RM: DN:cn=Douglas M McGeary, Mo=City of Ashland,ou=Asst `City Attorney, email=doug.mcgeary@ashla ,E�"n.uspc—US MG0'�a�epate:2022.09.12 14:44:47 07'00' •09-12-2022. Date Page ti of7: Goods and Seiviecs Agreement between the City of Ashland and Perrine Industrial Electricians inc. EXHIBIT A CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAGE below roust comply with City of Ashland laws regulating 1..114 o• • rwage_ $17.0 per hour,effective June 30, 2022 F4/1 The Living Wage is adjusted annually every June 30 by the Consumer Paine Index, Employees must be paid a portion of the business of of health care,retirement, their employer,if the 401K,and QRS elfigifd e living wage: a iployer has ten or more cafeteria plans(inducting ernplayees;and has received childcare)benefit,to the i For a21 houls mocked under a financialassistance for the employees amo critt of vieges. service contract batmen thein Reject or business from:the City amplayer and the City ofof khland' er ov `r Note: For temporary and A[tiian'd of the contrast ;24,050.68; part-foe employees,the exceeds.$24 0ti0.6�or pore_ Living Wage does noyapp�yr • i llf their employer us the City of tm re first 1E40 hogs ia‘prked Far all hoursui ed'in a Ashland,including the>Pair s innerly Calendar year. For oma�ith the�emptoy,ee aid Recreation Department. mare details,plea see spends`5,d3'.or more of the erwf land•itifeanicip l bode e ,play 'stime ire dhat month employers calcufatirrg the living wage, Section 3.121/10. trm i ig on a projectorerg iloyers mfr add the value For additional information Pall theAshland City Mama<ge f.'s office at 541-488-6002 or ltrrite to the City Manager, Cif?,Hall;20'East Main Street,Ashland,OR 97520,or'visit the CitrS website at wWv_ashland.orms. Notice to,Enip gers. 114 ftotioarnust be poster in areas where it can be seep by as empRlyees. CITY OF ASHLAND Page 7 of 7: Goods and Services Agreement between the City of Ashland and Perrine IndustrialElectricians,Inc. PERRINE ELECTRIC INC 6067 CRATER LAKE HY COAO42622 W CENTRAL POINT,OR 97502 541-826-5505 fax 541-826-1259 SALES QUOTE CUSTOMER Dates 04/26/2022 ( ASHLAND WASTEWATER DAVID First Contact Quote Issued 30 DAYS • Accept/Reject QUOTE Quantity Price TOTAL WEMCO-HIDROSTAL MODEL#FE5B4-MYAK-XDA7-10 SERIAL#13DW09308-01 CAP&CABLE ASSEMBLY 1 $7,204.22 $7,204.22 SPRING RING 1 $88.37 $88.37 IMPELLER 1 $14,095.18 $14,095.18 SUCTION LINER 1 $8,049.53 $8,049.53 1MOISTURE PROBE 1 $683.85 $683.85 REBUILD KIT 1 $7,378.85 $7,378.85 LABOR 60 $100.00 $6,000.00 $43,500.00 Customer Taxes TOTAL $43,500.00 Notes 1 Accwc• CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11/18/2021 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(les)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 Hart Insurance Agency - Medford PHONE Julie A Maphet FAX PO Box 1240 IA/C.No.Ext): (541) 779-4232 (A/C,Not E-MAIL ADDRESS: jmaphet@hartinsurance.com Grants Pass OR 97528 INSURER(S)AFFORDING COVERAGE NAIC 6 INSURER A:American Hallmark Insurance Co 43494 INSURED (541) B26-5505 INSURERS: Perrine Industrial Electricians Inc INSURER C: 6067 Crater Lake Hwy INSURER D: Central Point OR 97502 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 21046 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 yy D POLICY NUMBER (BR MMIDD!YYYYI IMM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 TO RENTED CLAIMS-MADE 1-1 OCCUR Y 44CL477531 12/22/202112/22/2022 DAMAGEPREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYPRO LOC PRODUCTS-COMP/OPAGG 5 2,000,000 X JECT _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO 44CL477531 12/22/202112/22/2022 BODILY INJURY(Perperson) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) S A X UMBRELLALIAB X OCCUR 44CL477531 12/22/2021 12/22/2022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S OFFICER/M EM BER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Policy includes automatic additional insured where required by written contract per attached MP9767 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E Main Street AUTHORIZED REPRESENTATIVE Ashland OR 97520 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A.Blanket Additional Insured Coverage 1.SECTION II—WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization(referred to as Additional Insured)whom you are required to add as an Additional Insured on this policy under: a.A written contract or agreement;and b.Where a certificate of insurance showing that person or organization as an additional insured has been issued c.When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the"bodily injury, "property damage,'or"personal and advertising injury." 2.The insurance provided to the Additional Insured is limited as follows: a.The Additional Insured is only an additional insured for: (1)"Bodily injury,""property damage,"or"personal and advertising injury"caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for whose acts a Named Insured may be liable. (2)Liability arising out of your ongoing operations for the Additional Insured by or for you.A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b.The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations for this policy.The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section I,Coverages A.,B.and C.of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM,the insurance provided to the Additional Insured does not apply to: a."Property damage"to: (1)Property owned,used,occupied by,loaned or rented to the Additional Insured; (2)Property in the care,custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control;or (3)"Your work"performed for the Additional Insured. b."Bodily injury,""property damage,"or"personal and advertising injury"arising out of an architect's,engineer's or surveyor's rendering or failure to render any professional services for you,for the Additional Insured or for others, including,but not limited to: (1)The preparing,approving or failure to prepare or approve maps,drawings,opinions,reports,surveys,change orders,designs or specifications;or (2)Supervisory,inspection or engineering services. c."Bodily injury"or"property damage"occurring after: (1)All work,including materials,parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (2)That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4.SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS,Paragraph 4.Other Insurance,is amended to add the following subparagraph: d.Additional Insured's Other Insurance As Excess Insurance To the extent required by an"insured contract,"this insurance is primary on behalf of the Additional Insured;and any other insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the "insured contract"does not require this provision,then Paragraph a.above will apply. B.Mobile Equipment Broadened Coverage V.12.f.(1)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1)Equipment designed primarily for: (a)Snow Removal; (b)Road maintenance,but not construction or resurfacing;or (c)Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C.Aggregate Limit Per Project MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 1 of 2 American Association of Insurance Services,Inc.,with their permission The General Aggregate Limit under SECTION III—LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you.Page 22 of 25 Includes copyrighted material of Insurance Services Office,Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission D.Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition(SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or written agreement have waived your own right or recovery for loss caused by that person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a written contract or written agreement with that person or organization and included in the"products-completed operations hazard.' This provision does not apply unless the written contract or written agreement has been executed prior to the "occurrence"or offense giving rise to the"bodily injury"or"property damage." E.Voluntary Property Damage Coverage 1.We will,at your request,pay but not defend any claim for"property damage"to the property of others otherwise excluded under A.2.j.(4),(5)and(6)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a.Such"property damage"takes place while such property is in your care,custody or control,or is property of others over which you,for any purpose,are exercising or have exercised physical control;and b.Such"property damage"takes place away from any premises you own,rent or lease;and c.Such"property damage"takes place within the"coverage territory"and during the policy term;and d.Such"property damage"takes place only during your operations that are known to us,are scheduled on the policy and for which a premium has been charged. 2.The insurance under this additional coverage does not apply to"property damage"to property: a.Held by you for servicing,repair,storage or sale at premises owned by,rented or leased to you; b.While being transported by or caused by the ownership,maintenance,operation,use,"loading or unloading"of any "auto,"watercraft or aircraft;or c.Owned or occupied by or rented to you. 3.Deductible This additional coverage will apply only to that amount of any loss in each"occurrence"that exceeds $500.The terms of the policy with respect to your duties in the event of"occurrence,"claim or"suit"and the Company's right to investigate,negotiate and settle any claim or"suit"apply irrespective of the application of the deductible amount of$500. We may pay any part or all of the deductible amount of$500 to effect settlement of any claim or"suit."Upon notification of the action taken,you must promptly reimburse us for such part of the deductible amount as has been paid by us. 4.Limits of Liability The Limit of Liability for this additional coverage shall not exceed$2,500 for each"occurrence"and is the limit of the Company's liability for all damages on account of each claim or"suit"covered herein.The annual aggregate.Limit of ' Liability is$2,500 and is,subject to the above provisions respecting each claim,the total limit of the Company's liability for all damages. 5.Settlement In the event of loss covered by this additional coverage,you shall,if requested by us,replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you,excluding prospective profit or overhead charges of any nature.Any property so paid for or replaced shall,at our option,become the property of the Company. Payment hereunder shall not constitute an admission of liability of you or,except as stated herein,of the Company. • MP 97 6710 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 2 of 2 American Association of Insurance Services,Inc.,with their permission p\casc sicn con-WcAc - Memo TO: Joseph Lasard FROM: David Gies(Wastewater Supervisor) DATE: 5-10-22 RE: City Manager Signature Needed for Perrine Industrial Electricians,Inc. Contract Background: Rebuild Ashland Creek Pump Station Wemco Pump. Cost of Rebuild is $43,500. Council Action: No action required of Council. Special procurement approved by city council on 9-10-19. Approval is good to 6-30-2024. Ntut spe/Gtoa prmAALAAAN.ILAnf Other Relevant Information: Insurance waived or reduced?No Who to return to if different from sender?N/A Are all other signatures required collected?Yes Are all attachments listed included?Yes CITY OF ASHLAND 20 East Main Street Tel:541-488-6002 Ashland,Oregon 97520 Fax:541-488-5311 Ina TTY: 800-735-2900 3 Council B.uses iieeting . September 39 2019 Agenda Item Approval of a Special Procurement- Repairs to pumps, motors and related equipment From Paula Brown, PE Public Works Director Mike Morrison Public Works Superintendent Contact paula.brown@ashland.or.us; (541) 552-2411 michael.morrisdn(a�ashland.or.us, (541)552-2325 SUMMARY This Special Procurement will allow the Public Works staff to directly award public contracts on an as needed basis to highly skilled and relible contractors to perform troubleshooting,repairs,maintenance and services required to maintain large sc4le industrialized pumps,motors,gear boxes and related equipment used for critical plant and field operations. The term of this Special Procurement will begin on September 1, ' 2019 and end on June 30,2024. . This item was initially on the August 20,2019 agenda but pulled before Council took action to allow staff to insert a maximum amount for the pur4hases. This is a five-yearcontract and staff is requesting a maximum of$500,000. ' 1 - POLICIES.,PLANS &.GOALS.SUPPORTED City Council Goals: Goal 1: Develop current aiid long-term budgetary resilience - Continue to improve the Midget process:transparency, rigor,innovation, community involvement, and collaboration Goal 2: Analyze City departmen s/programs to gain efficiencies,reduce costs and improve services - Implement a cost.recove 'plan and analysis for each department that coincides with the annual review of fees and charges and revenues Goal 3:Enhance and improve transparency&coniinutuoation ' Maintain Essential.Services Department Goals: o Maintain existing infrastructure to.meet regulatoryrequirements and minimize life-cycle costs • Maintain and improve infrastrneture that enhances the economic vitality of the.community u Evaluate all city infrastructure regarding planning Management and financial resources PREVIOUS COUNCIL ACTION None • BACKGROUND AND ADDITIO AL I,4FOItivtATION A Special Procurement sourcing metliod is used for the purpose of seeking an exemption from the competitive bid process, custom desi4mng a.contracting approach,or the direct selection or award of a public contract or for a series of cont facts.The Special Procurement Approval,Request Form with written findings is attached for your review ald consideration. . I The City Council,acting as the Local Contract Review.Board,may approval this request for a Special Procurement if it is 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 Pagelof2 Cg T l' OF ASHLAND • • ' • t • c d•result in substantial cost savings or substantiallypromote the public interest in a manner that contracts,an , g could not be realized by'complying with the requirements that are applicable in ORS 279B.055,279B4O60, 279B.065, or 279B.070. 1 FISCAL IMPACTS Funds are budgeted each fiscal year f r equipment repairs and maintenance. STAFF RECOMMENDATION • Staff recommends City Council,acting as the Local Contract Review Board, approve this Special Procurement. • ACTIONS,OPTIONS.& POTENTIAL MOTIONS 1. I.move to approve the Special Procurement which will allow public contracts to be directly awarded for the repair and maintenanc of large scale industrialized pumps,motors,gear boxes and related equipment. 2. I move that staff solicit bids,' I accordance with the procurement requirements set forth in AMC 2.50. REFERENCES NCES &ATTACHMENTS Attachment 1: Form#9, Special Proahrement,Request for Approval(Written Findings) • • f Page 2 of 2 ' • CITY OF ASHLAND