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HomeMy WebLinkAbout2012-011 Contract - Bleser Construction Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Bleser Construction ASHLAND CONTACT: Dennis Blesser, 541-660-6600 20 East Main Street Ashland, Oregon 97520 ADDRESS: 707 Stringer Gap Rd., Grants Pass, OR 97527 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-660-6600 DATE AGREEMENT PREPARED: 1/26/12 FAX: 541-479-5755 BEGINNING DATE: After 2/2/12 COMPLETION DATE: Before February 20, 2012 COMPENSATION: $7,900 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to install Playcraft System Design PR#EEEAAC dated 12/5/2011 at site prepared by owner. Playground equipment shipped by factory to general parking area. Owner agrees to assist Contractor with forklifts provided by owner to transport equipment from freight company trailer to area immediately adjacent to job site. All crating and packaging materials will be disposed of by owner. Owner will remove existing play structure equipment and prepared base grade for installation of new equipment by Contractor. All existing concrete footers will be removed by owner so as not to interfere with new installation. Contractor will provide auguring equipment and necessary concrete products for installation of new structure. Owner will provide and install fall protection materials after completion of equipment install. Per proposal attached as Exhibit C. ADDITIONAL TERMS: Other items as noted in contract document by Bleser Construction. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to$25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 2796.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is$18,703 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor(including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: Contract for Goods and Services Less than$25,000, Revised 12/20/2010, Page 1 of 6 a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d)are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, Revised 12/20/2010, Page 2 of 6 $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days'written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contract for Goods and Services Less than$25,000, Revised 12/20/2010, Page 3 of 6 Conti or: DQo ` City of Ashla By N� By Signature Department Head �er� ;t J . gleset- ����rtaSti Print Name Print Name pu�n2r 6(1t, t, Title Date W-9 One copy of a W-9 is to be submitted with �� 7 the signed contract. Purchase Order No. Contract for Goods and Services Less than$25,000, Revised 12/20/2010, Page 4 of 6 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or(ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. 0 I —3o Zalz Contractor (Date) Contract for Goods and Services Less than$25,000, Revised 12/20/2010, Page 5 of 6 SLSSER CONSTRUCTION 707STRME86APRA 6RANTSPASS, OR 97587 CONTRACT DOCUMENT DATE: January 5, 2012 OWNER/BUYER: Ashland Parks and Recreation Department Attn: Brenda Hammers, Western Division Manager Address: 340 S. Pioneer Ashland, Oregon 97520 Job Address: Lithia Park BLESER CONSTRUCTION (CERTIFIED INSTALLER OF PLAYCRAFT EQUIPMENT) hereby proposes to furnish all material and labor to perform all work for the following described project for the sum of. SEVEN THOUSAND NINE HUNDRED AND 00/100------------------ DOLLARS, ( 7,900.00 ), and in accordance with the following description. Payment of said sum above will be due and payable upon completion of project, or as stipulated within this Document. Proiect Description: Contractor to install Playcraft System Design PR#EEEAAC dated 12-5-11 at site prepared by owner. Playground equipment shipped by factory to general parking area. Owner agrees to assist Contractor with forklifts provided by owner to transport equipment from freight company trailer to area immediately adjacent to job site. All crating and packaging materials will be disposed of by owner. Owner will remove existing play structure equipment and prepared base grade for installation of new equipment by Contractor. All existing concrete footers will be removed by owner so as not to interfere with new installation. Contractor will provide augering equipment and necessary concrete products for installation of new structure. Owner will provide and install fall protection materials after completion of equipment install. Equipment will be installed per manufacturers specifications and/or by manufacturers written approval if requested. Owner agrees and indemnities contractor free from all liabilities for damage to underground utilities. Owner will provide a Utilities locate prior to construction within job site. Rock Clause; Contractor is liable for the extrication of loose materials under eight inches in diameter when boring holes for equipment. Any materials greater than the above mentioned will result in additional costs to the owner for the purposes of installing equipment. Access; Contractor has the right to access job site with equipment as deemed necessary by said Contractor to complete this proposal. Owner agrees and indemnities Contractor free from all liabilities for the repairs and replacement of damaged landscaping and surrounding soils. Contractor will cooperate with owner on accessibility so as to minimize damage if any. Security; Owner will provide any fencing/barricade during construction of project unless otherwise specified within this document. This proposal is good for 30 days from date of document listed above unless accepted by CONTRACTOR after expiration of said time. This proposal is as shown in it's original form. This document will become null and void if any alterations are made by either party prior to acceptance. Payments to be made as follows: In full upon completion of project. By: w "` DBA:Bleser Construction Date: (CCB# 41105) Owner(s) acceptance: / G1 _ Dater Date: DENNJBL-01 KORNELLT CERTIFICATE OF LIABILITY INSURANCE Dan/271201m2 l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER License#815372 NcoANTACT Assure e NW,Inc. PHONE 503 FAX 8931 5 Foster Rd.,Suite 200 INC,No,EA): )777.3700 (A1C,No)_ Portland,OR 97266 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER As Nevada Capital Insurance Company INSURED INSURER B: Dennis J.Bleser dba Bleser Construction INSURER C: 707 Stringer Gap Road INSURER D: Grants Pass,OR 97527 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 TSOL"SuBR POLICY EFF POUCYEXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (Mill DM/Vq (MWDDNYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 77NPP4003419 2/1312011 211312012 PREMI ETOAENTEO 100,000 PREMISES{Ea occrrrtence) E CLAIMS-MADE I OCCUR MED EXP(Any one person) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,0001 G EN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS-CONNOR AGO X POLICY PRO_ LOC S JE PRO- AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) S ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) E NON-OMED PROPERTY DAMAGE S HIREDAUTOS AUTOS (Par accident) E UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DIED I I RETENTIONS I S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY YIN TORY LIMITS ER OFANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA E.L EACH ACCIDENT $ FICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE!S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I E DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(AWch ACORD 101,AddlUonal Remarks Schedule,N more space Is required) 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. AUTHORIZED REPRESENTAME City of Ashland 20 East Main Street Ashland OR 97520 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Page 1 of 1 www.uif.com OREGON WORKERS COMPENSATION 4� saiF CERTIFICATE OF INSURANCE 0,corporation MAIL TO: CERTIFICATE HOLDER: DENNIS I BLESER CITY OF ASHLAND BLESER CONSTRUCTION 20 E MAIN STREET 707 STRINGER GAP RD ASHLAND, OR 97520 GRANTS PASS, OR 97527-9563 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 437661 07/01/2011 to 07/01/2012 01/30/2012 INSURED: BROKER OF RECORD: DENNIS I BLESER BLESER CONSTRUCTION 707 STRINGER GAP RD GRANTS PASS, OR 97527-9563 LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: Park renovations IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. AUTHORIZED REPRESENTATIVE President and CEO - 400 High Street SE Sarem,OR 97312 P.Mfr?HS AS99 https://zimbra.ashland.or.us/service/home/—/Workers%20Comp%2OCertificate.jpg?auth=co&loc=en_US&id... 1/30/2012 TEMPORARY AUTO IDENTIFICATION CARD STATE FARM INSURANCE COMPANIES This card is invalid if the policy for which it was issued lapses or is terminated. KEEP THIS COPY • ' CAR IF YOU HAVE AN ACCIDENT- CAR INSURANCE CARD NOTIFY POLICE IMMEDIATELY L POLICY NUMBER 0505250-F30-37B 1. Write down names, addresses, telephone numbers, and license numbers of persons involved and of wiolesses.Also cone down Me license plate number and State Farm Mutual Automobile Insurance Company state of each vehicle involved. 2. Notify your agent promptly or IN on to statefarm.cem®to initiate the claim filing INSURED BLESER,DENNIS&TRESA process. 3. Do not admit fault Do not discuss Me accident with anyone except Slate Farm or PWde. HOW TO IDENTIFY YOUR COVERAGES EFFECTIVE DATE JAN-27-2012 EXPIRATION DATE JUN-30-2012 SEE POLICY FOR FULL NAME AND DEFINITION (All coverages not available in all states.) CAR-YEAR/MAKEfVEHICLE IDENTIFICATION NUMBER A or AB Liability(Bodily Injury/Property, R Car Ramat 1997 DODGE RAM 2500 PICKUP Damage) R1,R2 Car Rental and Travel Expense 3B7KF23D4VG790018 C.M Medical Payments S Dealt,Dismemberment D Comprehensive or Other Than T Disability Collision(OTC) U Uninsured!Motor Vehicle COVERAGES - / DWG Comprehensive wiM Full Glass U Underinsured Motor Vehicle A BODILY INJURY/PROPERTY - �A E Fire,Then,Other Speclfied in Washington DAMAGE LIABILITY U Uninsured and Undennsured Motor P PERSONAL INJURY PROTECTION Vehicle-BIMD in Alaska D COMPREHENSIVE$100 Petits U1 Uninsured Motor Vehicle-PD G COLLISION$500 F.G,orJ Collision U1 Uninsured and Undennsured Molar H,Ut NAIC#25178 Vehicle-in Kaska H Emergency Road Service U1 Uninsured Motor Vehicle-BI/PD in Indiana AGENT BILL THORP INSURANCE Ut underinsured Moor Vehrae-PD AGENCY,INC. in Washington PO BOX 520 L Physical Damage U2 Uninsured and Underinsured GRANTS PASS,OR 97526-0072 N Property Protecton Motor Vehcle-PD (Name verses by state) UNOC Use of Nomrwned Cars PHONE#541479-3339 Pp Personal Injury/No Fault W UndeMSUred Motorist (Name vanes by state) V Limited Property Damage Liability(Michigan) STATE FARM INSURANCE COMPANIES 2 Loss of Earnings Because many states require evidence of insurance on demand, one copy of this form should be carried in the vehicle at all times. 1001022 2009 136768 203 12-07-2011 PLAYCRAFT DIRECT, INC. 123 North Valley Drive.Grants Pass, OR 97526 Tel: (541)244-2189 Fax: (541)244-2196 Toll Free: (88 8)571-7640 E-mail: sales @playcraftdirect.com � Website:www.playcraftsystems.com Q City of Ashland January 04, 2012 340 S Pioneer St Ashland, OR 97520 Parks and Recreation Department, It is our recommendation that a factory approved installer be contracted for installation of the play equipment at Lithia Park. Dennis Bleser, Bleser Construction, is our local authorized installer certified by Krauss Craft, Inc. Dennis Bleser, contractor can be reached at(541) 660-6600 Toney Lewis Sales Manager Playcraft Direct, Inc. (888) 571-7640 (541) 244-2189 (541) 244-2196 fax sales @playcraftdirect.com "Expanding the World of Play" Discount Pricing on Playground Equipment and Site Furnishings CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Don Robertson, Parks Department Date: 11912012 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:Ashland Parks&Recreation 2. Department Contact Name:Brenda Hammers 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From 2/2/2012 To: 6/30/2012 5. Total Estimated Cost: $7,900.00 6. Short title of the Procurement: Install New Playground Equipment at Lithia Park Supplies and/or Services or class of Supplies and/or Services to be acquired: Bleser Construction to professionally install the new playground equipment purchased separately from Playcraft Direct Inc./Krauss Craft(State of Oregon Contract#9786)as part of the Oregon Parks &Recreation Grant that was awarded to Ashland Parks&Recreation. Note: In accordance with the grant.Ashland Parks&Recreation will be responsible for paving for the installation. 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. Background: Past practice has been to purchase equipment and install it using park staff. Form#9-Special Procurement-Request for Approval,Page 1 of 3,1/9/2012 Proposed procedure: Directly award public contract for installation to Bleser Construction. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. A letter of recommendation from Playcraft Direct,Inc. stating that a factory approved installer be contracted with for the installation of the playground equipment at Lithia Park. Bleser Construction, is the authorized installer being recommended by Krauss Craft,Inc. 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: Bleser Construction is the local authorized installer certified by Krauss Craft,Inc. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement);and (b)(i)will result in substantial cost savings to the contracting agency or to the public because: N/A (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 27913.055,279B.060,27913.065, or 27913.070,or any rules adopted thereunder because: For safety and liability of the playground structure in Lithia Park,Bleser Construction is the factory approved installer and is the local authorized installer certified by Krauss Craft,Inc. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form#9-Speaal Procurement-Request for Approval,Page 2 of 3,1/9/2012 Public Notice: Pursuant to ORS 279B.085(5)and OAR 137-047-0285(2),a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4)and OAR 137-047-0300.The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven(7)Days before Award of the Contract. Aft er 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 fast appeared on www.ashland.or.us-ifapproved-January 18, 2012 PUBLIC NOTICE Approval of a Special Procurement First date of publication: if approved-danuary 18, 2012 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-danuary 18, 2012 This is a "Contract-specific special procurement"to directly award a contract to Bleser Construction for the installation ofnew playground equipment in Lithia Park Bleser Construction is the local authorized installer certified by Krauss Craft, Inc. 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,Ashland Parks&Recreation, Brenda Hammers, 340 S. Pioneer, Ashland, OR 97520. The seven(7)protest period will expire at 5:00pm on f fposted January 18'"the protest period will expire on January 25, 2012] 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. i Form#9-Special Procurement-Request for Approval,Page 3 of 3,1/912012 CITY OF ASHLAND Council Communication Approval of a Special Procurement Contract for High Priority Engine Repairs— Fire Engine (Vehicle #220) Meeting Date: August 16, 2011 Primary Staff Contact: Mike Morrison Department: Public Works E-Mail: Mike.morrison @ashland.or.us Secondary Dept.: Secondary Contact: Approval: Martha Bennett Estimated Time: Consent Agenda Statement: Will the Council, acting as the Local Contract Review Board, approve an exemption from the competitive bid process to directly award a contract to Pacific Power Products to provide high priority engine repairs to Fire Engine (Vehicle #220)? Staff Recommendation: Staff recommends that the contract be directly awarded to Pacific Power Products. Background: A Special Procurement is used for the purpose of seeking an-exemption from the competitive bid process, custom designing a contracting approach, or for the direct selection or award of a public contract or series of contracts. The proposed procedure being recommended for this"Contract-specific Special Procurement' is direct award per the attached Special Procurement - Request for Approval (Written Findings). Fire Engine (Vehicle#220) had an engine seize due to mechanical failure inside one of the cylinders. The engine needs to be replaced with a rebuilt unit. Pacific Power Products is the only known facility in Southern Oregon that is equipped to provide these high priority engine repairs. The estimate is $25,000; however,when the engine is disassembled additional repairs may be required. The total cost should not exceed $35,000. Related City Policies: 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. 1. Special procurements shall be awarded in accordance with ORS 279B.085 and all other applicable provisions of law. Page i of 2 =, CITY OF ASHLAND Council Options: The Council, acting as the Local Contract Review Board, can approve (or decline)the Special Procurement. Potential Motions: I move that the Council, acting as the Local Contract Review Board, adopt the findings set forth in the attached Special Procurement Request for Approval and approved the Special Procurement described therein. Attachments: Special Procurement—Request for Approval (Written Findings) Page 2 of 2 " ITY RECORDER Page 1 / 1 Ashland Park Commission r ;. DATE , . PO NUMBER 20 E MAIN ST. 1/31/2012 00073 ASHLAND, OR 97520 (541)488-5300 VENDOR: 003883 SHIP TO: BLESER CONSTRUCTION 707 STRINGER GAP ROAD GRANTS PASS, OR 97527 FOB Point: Req.No.: Terms: net Dept.: Req. Del.Date: Contact: Bruce Dickens - Brenda Hammers Special Inst: Confirming? NO �.•.Quand `':,Unit ...; -Descri tion.. Unit Price _ Exti.Pnce`.' Contractor to install Playcraft Design 7,900.00 PR#EEEAAC at site prepared by Ashland Parks & Recreation. Equipment to be shipped by factory to job site. Contractor will provide augerinq equipment and necessary concrete products for installation of new structure per attached contract and proposal. Contract for Goods & Services Beginning date: February 2, 2012 Completion date: February 20, 2012 Insurance required/On file SUBTOTAL 7,900.00 BILL TO: TAX 0.00; FREIGHT 0.00. TOTAL 7,900.00 Account Numtiar „ `,-`Project Number -''i .: Amount :Account Number'_ ,. ,'-:Project Number ! _:.Amount-,,: E 211.12.02,06.70400 E 000015.999 7,900.00 AUth izedized Signature VENDOR COPY FORM #3-] CITY OF A ,3 : i . for ASHLAND REQUISITION Date of request: / 30 /a—. Required date for delivery: 2 2a yz Vendor Name e- rn s4,ttc.4-Icier Address,City,State,Zip _7 0-7 S� -i i �e,r G6- P2 J l 6 Y nk Po ss NZ Contact FaxNumbeme&Telephone Number (j2 uus i31PS� I Sal-�&(, -1 5'ql —1175 —s755 SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ Slate of Oregon Note:Total contract amount,including any Date approved by Co cit: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement [] Sole So r Contract# GOODS&SERVICES M�Wrilten ings(Form attached) ❑ Other government agency contract $5,000 to$100,000 [ Quo or Pr osal attached Agency ❑ (3)Written quotes attached - Contract# PERSONAL SERVICES S eclat Procurement ❑ Intergovernmental Agreement $5,000 to$75,000 dtten Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment 9-0-uole or Proposal attached . Contract# _- ❑ 3 Written proposals-attached" Date a ro4ed by r i Date approved by Council — - Description of SERVICES Total Cost �h�'hn-4fCr �O i r�g�YClk Ptc r4E'+(kAr PrL�t'F .EA�.^ "t'Sloe'�h"2�22 * Ip�ou:r.a.r. iG�c.:pn�..t.� �x- Sl..:,orxd tly�e�clr�r�y. Conk-a�faV' wrtC -s oN L U-+J Item # Quantity Unit Description of MATERIALS Unit Price Total Cost Per attached quotelproposal TOTAL COST Project Number 0QUpi5- 999 Account Number ___-__- Account NUmber�/I . 12- ozofo•7v�t pp/ 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 all hardware and software purchases: IT Director Date By signing this requisition form,I certify that the information provided above satisfies the City's public contracting require a is, and the documentation can be provided upon request. Employee Signature Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year. YES / NO Finance Director Date Comments G FinanceTrocedurOAMFormsTorm#3-Requisition.doc Updated on:8/24/2011