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HomeMy WebLinkAbout2015-254 Contract - Johnson Controls Inc Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR:, Johnson Controls ASHLAND CONTACT: Jared Fuhriman 20 East Main Street Ashland, Oregon 97520 ADDRESS: 588 Parsons Drive, Suite B, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541- 1-4v Yt, Service line: 866-297-7793 8!5- ~ I DATE AGREEMENT PREPARED: August 13, 2015 FAX: 541-245-3475 BEGINNING DATE: August 13, 2015 COMPLETION DATE: June 30, 2016 COMPENSATION: Per fee schedule attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: HVAC (heating, air and ventilation) repairs and maintenance services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as determined by a representative of the City of Ashland. The Special Procurement for HVAC repairs and maintenance was approved b Council on 03/20/2013 and is valid until June 30, 2016. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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 27913.220, 27913.225, 27913.230, 2796.235, 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 $20,142.20 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: 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 b certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 'I of 5 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: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liabilit 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 06/02/2015, Page 2 of 5 $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 a6plicable. 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 City of Ashland By By { . s _ Signature Department Head Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 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. \V (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. 7/3 1 (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING W GE per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer'has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project 'or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve- Ashland including the Parks month period. For more ➢ For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at wiww.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 Johnson Controls, Inc. Serrina Harris 588 Parsons Drive, Suite B Tel: 541-227-5710 johnson Medford, OR 97501 Fax: 541-245-3475 Controls Service Line: 866-297-7793 Serrina.C.Harris@JCl.com September 3, 2015 City of Ashland 90 N Mountain Ave Ashland, Oregon 97520 Below you will find our standard street rates for the Medford Oregon N58 service branch for 2016. Mechanic $112.50 Hourly Controls Technician $123.00 Hourly Mileage $1.84 per mile Disposal, Environmental and Usage Fee $40.00 If you have any questions please feel free to contact me. Serrina Harris Service Operations Systems & Services North America Johnson Controls Portland Medford Oregon Common Branch N58 Medford/Bend/Eugene Dispatch Service: 866-297-7793 Portland Dispatch Service 866-635-1302 URL: http://www.mohnsoncontrols.com/ Johnson Controls welcomes our new York Equipment Representative for Oregon, Johnson Barrow, 971-717-7123 {-rat QO CERTIFICATE OF LIABILITY INSURANCE DATE F 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 endorsement(s). PRODUCER CONTACT NAME: Attn. CPU Marsh USA Inc. PHONE AI 212) 948-5167 f- , No, Extl: (866) 966-4664 (r"C , No): ( 411 East Wisconsin Avenue E-MAI JCI.CertRe uest marsh.com Suite 1300 ADDRESS: q Milwaukee, WI 53202 - 4419 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. OLD REPUBLIC INSURANCE CO 24147 INSURED INSURER B: ACE AMERICAN INSURANCE CO 22667 Johnson Controls, Inc. INSURER C: INDEMNITY INSURANCE CO OF NORTH AMERICA 43575 York International Corporation Attn: Corp. Risk Mgmt. X-92 INSURER D: ACE FIRE UNDERWRITERS CO 20702 P.O. Box 591 INSURER E: NORTH AMERICA ELITE INSURANCE COMPANY 29700 Milwaukee, WI 53201 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY ❑ ❑ MWZY302769 10/01/2014 10/01/2015 EACH OCCURENCE $ 10,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 10,000,000 ❑ ❑ CLAIMS MADE N OCCUR MED EXP (Any one person) $ 50,000 ® CONTRACTUAL PERSONAL&ADV INJURY $ 10,000,000 ®X,C,U GENERAL AGGREGATE $ 30,000 000 GEMLAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG INCIN GENAGG ® POLICY ❑ PROJECT ❑ LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B ❑ F-1 ISAHOSS28623 10/01/2014 10/01/2015 (Ea Accident) $ 5,000,000 B ® ANY AUTO BODILY INJURY (Per person) $ 19 ALL OWNED AUTOS BODILY INJURY (Per accident) $ ❑SCHEDULED AUTOS PROPERTY DAMAGE $ ® HIRED AUTOS (Per accident) ® NON-OWNED AUTOS E ®LJM13RELLALIAB ®OCCUR ❑ ❑ UMB200025200 10/01/2014 10/01/2015 EACH OCCURRENCE $ 5,000,000 ® EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ 5,000,000 ❑ DIED ❑ RETENTION S $ WORKERS COMPENSATION WC STATU- OTH- B F-] WCUC48018816 (XSWC - OH, WA) 10/01/2014 10/01/2015 TORY LIMITS ❑ ER AND EMPLOYERS' LIABILITY YIN NIA E.L. EACH ACCIDENT B ANY PROPRIETOR/PARTNER/EXECUTIVE WLRC48018804 (CA& MA) 10/01/2014 10/01/2015 $ 5,000,000 OFFICER/MEMBER EXCLUDED? C (Mandatory N WLRC48018786 (AOS) 10/01/2014 10/01/2015 E.L DISEASE - EAEMPLOVEE If yes, describe under $ 5,000,000 D DESCRIPTION OF OPERATIONS below SCFC48018828 (WI) 10/0112014 10/01/2015 E L. DISEASE - POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) JCI Contract Number: JCI Project Name: Customer PO Number: CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Ashland, Oregon its elected officials, officers and THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN employees are included as additional insured per the attached. ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 90 N Mountain Ave AUTHORIZED REPRESENTATIVE Ashland, Or 97520 of Marsh USA Inc. ACORD 25 (2010/05) ©1988- 2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: A ° ADDITIONAL REMARKS SCHEDULE Page, 2 of 2 AGENCY NAMEDINSURED Marsh USA Inc. Johnson Controls, Inc. POLICY NUMBER York International Corporation Attn: Corp. Risk Mgmt. X-92 P.O. Box 591 CARRIER NAIC CODE Milwaukee, WI 53201 EFFECTIVE DATE: 10/01/2014 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 (2010/05) FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION Workers Compensation "AOS" Policy includes coverage for the following states: AK, AL, AR, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV PRIMARY COVERAGE The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance, where required by written lease or written contract. For General Liability, this applies to both ongoing and completed operations. WAIVER OF SUBROGATION The General Liability, Automobile Liability, Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder to the extent required by written contract. ADDITIONAL INSURED - AUTOMOBILE LIABILITY The Automobile Liability policy, if required by written contract, includes coverage for Additional Insureds as required by written contract. ADDITIONAL INSURED - GENERAL LIABILITY For General Liability, if required by written contract, the following are included as additional insureds, as required pursuant to a written contract with a named insured, per Policy Endorsements A2 and A2A, replicated below: THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE, AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. SCHEDULE FOR POLICY ENDORSEMENTS A2 AND A2A Name of Additional Insured Person(s) or Organization(s): If required by contract, the person or organization listed on the certificate of insurance as additional insured, and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) of Covered Operations: As required by contract. POLICY ENDORSEMENT A2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused solely by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: The insurance does not apply to "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(s) at the location 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. POLICY ENDORSEMENT A2A ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - NAMED INSURED'S ACTS OR OMISSIONS ONLY Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". UMBRELLAIEXCESS LIABILITY The Umbrella/Excess Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance, or the minimum Umbrella/Excess Liability limit that is required by the written contract, whichever is less. However, if the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract, the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls, Inc. POLICY NUMBER York International Corporation Attn: Corp. Risk Mgmt. X-92 P.O. Box 591 CARRIER NAIC CODE Milwaukee, WI 53201 EFFECTIVE DATE: 10/01/2014 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 2010105 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION Workers Compensation "AOS" Policy includes coverage for the following states: AK, AL, AR, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MI, MN, MO, MS, MT, NC, NE, NH, NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WV PRIMARY COVERAGE The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance, where required by written lease or written contract. For General Liability, this applies to both ongoing and completed operations. WAIVER OF SUBROGATION The General Liability, Automobile Liability, Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder to the extent required by written contract. ADDITIONAL INSURED - AUTOMOBILE LIABILITY The Automobile Liability policy, if required by written contract, includes coverage for Additional Insureds as required by written contract. ADDITIONAL INSURED - GENERAL LIABILITY For General Liability, if required by written contract, the following are included as additional insureds, as required pursuant to a written contract with a named insured, per Policy Endorsements A2 and A2A, replicated below: THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE, AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. SCHEDULE FOR POLICY ENDORSEMENTS A2 AND A2A Name of Additional Insured Person(s) or Organization(s): If required by contract, the person or organization listed on the certificate of insurance as additional insured, and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) of Covered Operations: As required by contract. POLICY ENDORSEMENT A2 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - NAMED INSURED'S ACTS OR OMISSIONS ONLY A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused solely by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: The insurance does not apply to "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(s) at the location 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. POLICY ENDORSEMENT A2A ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - NAMED INSURED'S ACTS OR OMISSIONS ONLY Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". UMBRELLA/EXCESS LIABILITY The Umbrella/Excess Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance, or the minimum Umbrella/Excess Liability limit that is required by the written contract, whichever is less. However, if the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract, the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FORM ASHLAND To: City Council, Local-Contract Review Board From: Dale Peters, Facilities Maintenance Date: March 20, 2012 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 approvai 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. Requesizx-DepartmentName: Public Works /Facilities Maintenance 2. Department ContactName: Dale Peters 3. Type ofRequest: X Class Special Procurement Coutxact specific Special Procurement 4. Time Period Requested: From March 21, 2012 To: June 30, 2016 5. Total ]Estimated Cost Cost will be determined by the actual repairs maintenance and service required to be performed ou HVAC (Heatinz Air & Ventilation) systems in City buildings Estimated cost to maintain. HVAC systems per fiscal year is X25.000: b. Short title of the Procurement: Repairs. Maintenance and Service to HVAC Systems Supplies ancYor Services or class of S4up~l ies =d/or Services to be acqu#ed: Contractors to •oerfoml repairs, maintenance and service as required to HVAC (Heating Air & Ventilation) systems in City owned buildiuggs. There are critical areas within some of the systems that control the environment in sensitive areas and require immediate service if a problem develops It is mandatory that critical systems not fail in sensitive areas such as the AFN Headend Control Room, WWTP. and VJTP. 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 follovaing types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Foians(s), Contract Form(s), and auy other documents or foams to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Pr6curement - Request forApproval, Page l of 3, 92(70/2092 ASHLAND C aundl Communication Special Firoeu rem. ant - Request for Approvals IBLV .C Repairs, Maintenance & Service Meeting Date: March 20, 2012 Primary Staff Contact: Mike Faught Department: PWlFacilities Maintenance E-Mail: IvEke.fau~ht(a~ashland.onias ' Secondary Dept.: Purchasing Secondary Contact: Dale Peters Approval: Dave Kanner Estimated Time: Consent Agenda Statement: Will the City Council, acting as the Local Contract Review Board, approve Use request for approval of a "Class Special Procurement" to seek an exemption from the competitive bid process to directly award public contracts to contractors to perform repairs, maintenance and service as needed'azid required to HVAC (Heating, Air & Ventilation) Systems in City owned buildings unto. June 3-0, 20'16? Staff Reeommrneiddation: Staff recommends the "Class Special Procurement" be approved. Background:* - A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing a contracting approach, or the direct selection or award of a public contract or for a series of contracts. The attached and completed Special. Procurement, Approval. Request Form, is attached for your review and consideration. Related CRY policies: Section 2.50.090 RKempiaons from Formal Competitive Selec ion Froced-ores 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 specifio procurement or both, based upon a contracting procedure that differs from proeeduaes described in ORS 27913.055, 279B.0 6Q, 279)3.065, 27933.070- The contracting approach may be custom designed to meet the procurement needs. 1. Special procurements shall be awarded iu accordance with ORS 279B.085 and all other applicable provisions of law. Council Options: The Council, acting as the Local Contract Review Board, can approve (or declii;►.e) the "Class Special Procurement Potential Motions: The Council, acting as the Local Contract Review Board, moves to approve (or decline) the "Class Special Procurement"_ Attachments.: Form 49, Special Procurement -Request for Approval Form Paae 1 of 1 POWMIMN IPUMC NOTICE - Approval[ of a 81peciall procurement - HVAC Re~avrs & Maintenance First date of puubUca-don: March 21, 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 March 20, 2012. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service to the City's HVAC (Heating, Air' & Ventilation) systems in City owned buildings. There are critical areas within. the systems that require immediate attention if a problem develops, and it is mandatory that the systems in these critical areas do not fail. Public contracts will be awarded to HVAC 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 withthe 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_4OO and OAR 137-047-03 00. A writtenprotest 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: OOpm on March 28, 2012. This public notice is being published on the City's lutemet 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 Pulblic 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 tluougb. the Special Pro curement 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 - [March 21, 2012 -If apprbved by CounciZJ PUBLIC NOTICE Approval of a Special Procurement First iilate of publ Ecation: fzVlarch 21, 20.X2 - Y approved by Council Enter datel 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 ZMarch 20, 2012 - If op proved by Cou7xiZ Enter d.ateJ. This "Class Special Procurement" was processed to seek an exemption from the competitive bid process and directly award pubZic contracts to contractors to perforrn repairs, maintenance and service to the City's HYAC (Heating Air & Menzflat on) systems in City owned buildings. There are critical areas within the systems that require immediate attention ifaproblem develops, and it is mandatory that the systems in these critical areas do not fail. Public contracts will be awarded. to R -'4C contractors based on competency, expediency, workmanship, availability and competitive pricing. It has been determined based on written finding 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 279)3.400 and OAR 137-047-0300. A writtenprotest 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 S:OOpm on [1f posted on M orch 21, 2011- e ;p ,alion a'aze wiZI be 3ilarch 2S 20127 This public notice is being published on the City's Intemet 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 3,1211012012 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER wiralall 20 E MAIN ST. 7/28/2015 13029 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 007197 SHIP r): Ashland Building Maintenance JOHNSON CONTROLS, INC. (541) 488-5358 PO BOX 730068 90 N MOUNTAIN AVENUE DALLAS, TX 75373-0068 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Dale Peters Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Maintenance, repairs and service to 25,000.00 City HVAC systems - FY 2016 Contract Addendum Completion date: June 30, 2016 Special Procurement Approved by Council 03/20/2013 Valid until June 30, 2016 SUBTOTAL 25 0.00.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 25,000.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 410.0824.00.60240 25 000.00 Authorized Signature VENDOR COPY FORM 93 CITY OF ASHLAND REQUISITION Date of request: 16 JUN 2015 Required date for delivery: Vendor Name JnHNcnN nnNTRni wr Address, City, State, Zip pn Rnu 730068 588 PARSONS nRIVF SI IITF R Contact Name & Telephone Number DALLAS TX 75373 MEDFORD OR 97501 Fax Number 866 6351302 541772 1121 FAX 541 254 3475 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: (Date) I Description of SERVICES Total Cost Mrs ► KD iN w t SEr~v ► - ~~•~.i,2s to u /~N Cc7 (•~_L b9Tl=.~ ~ ~N t~19~ ~►VT' -012. FY Ic/ (o $ 25000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal $ Project Number _ 000000.000 Account Number 410.08.24.00.602400 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'all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition for that the City's public contracting requirements have been satisfied. Employee: Department Head: ✓ 4 (zi~yS (Equal_to or greater than $5,000) Department Manager/Supervisor: City Administrator: - 000) (Equal to or greater 7,17 Funds appropriated for current fiscal year. YE I NO Fina nce Director- (Equal to orgreater an $5,000) Date Comments: Form #3 - Requisition