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HomeMy WebLinkAbout2020-007 20200288 Pacific Power Groupk .. GOODS & SERVICES AGREEMENT PROVIDER: Pacific Power Group CITY OF PROVIDER'S Mike Bourn ASH LAND CONTACT: 20 East Main Street Ashland, Oregon 97520 ADDRESS: 6200 South 61 Way Telephone: 5411488-5587 Ridgefield, WA 98642 Fax: 541/488-6006 PHONE: 360-635-8850 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Pacific Power Group, a domestic business corporation ("hereinafter "Provider"), for generator maintenance, testing and repair. 1. PROVIDER'S OBLIGATIONS 1.1 Provide generator maintenance, testing and repair as needed for FY20 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." I' 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars) per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each, provided that the policy limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page I of5: Agreement between the City of Ashland and Pacific Power Group 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are, by this reference, expressly incorporated in this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated July 16, 2019. 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; 5.1.3Initiation 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 TERi11IINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Pacific Power Group 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6 2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given 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 Attn: Wes Hoadley 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2355 With a copy to: City of Ashland — Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 If to Provider: Pacific Power Group Attn: Mike Bourn 6200 South 61 Way Ridgefield, WA 98642 360-635-8850 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision, term, condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach, whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of5: Agreement between the City of Ashland and Pacific Power Group 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318, (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider, and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement, at law, or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: By: MWOAJ Si re Q APrinted N l �l�`T' f�ciM, ►1ti t tiT1?�'f�►si✓ �— Title ate Pacific Power Group (PROVIDER): By: Signature Michael D. Bourn Printed Name Service Sales Manager Title November 5, 2019 Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. �—, 41, el 6 Page 5 of 5: Agreement between the City of Ashland and Pacific Power Group PACIFIC July 16, 2019 City of Ashland Attention: Nicole Graham Fleet Services/ Facilities Maintenance 90 North Mountain Avenue Ashland, OR 97520 Re: Generator Service Rates, July 1, 2019 thru June 30, 2020 Hello Nicole, Pacific Power Group's current rates for generator services are detailed below: • Posted labor rate for call outs and repair services: $140.00 per hour dayshift, Monday through Friday 8:00am to 5:00pm. o Overtime is billed at 1.5x dayshift • Discounted labor rate for scheduled maintenance services: $125.00 per hour dayshift, Monday through Friday 8:00am to 5:00pm. o Overtime is billed at 1.5x dayshift • Travel: Applicable labor rate, and $2.75 per mile. o Travel is invoiced round trip, portal-to-portal from our shop location for call outs and repair services, and one-way for scheduled maintenance services Scheduled services (Annual PM Services, Load Bank Testing, etc.) are typically quoted specific to the equipment and invoiced at a flat rate per the quoted price. A price quote for scheduled services on your power generation equipment can be provided upon request. 6100 South 6th Way I Ridgefield, WA 98642 Q On -Highway Q Power Generation Q Marine 0 Industrial Engines PACIFIC POWER GROUP Pacific employs journeyman level technicians in the major population centers in which we operate. Oregon operations are managed and overseen from our primary service hub in Ridgefield, WA. We appreciate City of Ashland's continued business with Pacific. Please don't hesitate to contact me for any additional information or assistance. We look forward to serving you again soon. Best regards, Michael D. Bourn Service Sales Manager Ph: 360-635-8850 Email: mbourn@pacificpowergroup.com Encl: Contact List, W-9, Insurance Request Form 6100 South 6th Way I Ridgefield, WA 98642 Q On -Highway (D Power Generation 0 Marine 0 Industrial Engines Al ^�RO® CERTIFICATE OF LIABILITY INSURANCE OATE (MMIDDM YY) 9/5/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Durham and Bates Insurance 720 SW Washington St. Ste 250 CONTACT NAME: MelodyKirkendall PHONE FAX IAIC.E E,U- 503-241-0154 Alc No:503-542-0625 MAINo,L ADDREss: melod k dbates.com INSURERS AFFORDING COVERAGE NAIC9 Portland OR 97205-3554 INSURER A: Federal Insurance Co. 20281 INSURED Yaculta Companies Inc.; Pacific Power Group LLC; Southwest Products Corporation INSURER B: Great Northern Ins CO 20303 INSURER C: 805 Broadway St. Suite 700 INSURER D: INSURER E: Vancouver WA 98660 INSURER F: COVFRA r;FS CERTIFICATE NUMBER:1035580118 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR ADDLSUBRTYPEOFINSUR,NCE NSD WVD POLICYNUMBER MMIDDY� MMIDDIIYEYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ix I OCCUR 36048941 5/1/2019 511/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL B ADV INJURY $1.000.000 GEHL AGGREGATE LIMIT APPLIES PER: POLICY [X] jEOT LOC OTHER GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGO $2,000,000 I Stop Gap Liability $1,000,000 B A AUTOMOBILE LIABILITY, OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY 73597757 73597759-HI 5/1/2019 5/1/2019. 5/1/2020 5/1/2020 COMBINED SINGLE LIMIT Eames ant $1,000.000 BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accitlenl $ $ A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE 78185143 5/1/2019 5/1/2020 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 DEO X I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTIVE YN OFFICERIMEMBER E%CLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 71756056 5/1/2019 5/1/2020 X S ATUTE I I EORH E.L. EACH ACCIDENT $1,000,00o E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more spate is required) The City of Ashland, Oregon, its officers, agents and employees are Additional Insured on a primary basis as respects General Liability per torn 80-02-2367 attached. CERTIFICATE HOLDER CANCELLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street AUTH RIZED REPRESENTATIVE Ashland OR 97520 n 19RR-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD r AGENCY CUSTOMER ID: LOC #: A� ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Main Office Pacific Power Products Holdings Inc.; Pacific Power Group LLC; Southwest Products Corporation POLICY NUMBER 805 Broadway St, Suite 700 Vancouver WA 98660 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Power Products Holdings Inc. Power Group LLC Power Products Managements LLC test Products Corporation Detroit Realty LLC test Products Realty, LLC Power Products Profit Sharing & 401(K) Plan Industrial Engines Detroit Diesel -Allison Power Generation Power Products Company Power Rentals Pacific Marine Power Engine Works Reman Center Power Group Power Management Solutions Power Products Group gy Solutions Power Products Company LLC gy Solutions, LLC iesel, Inc. Inc ade Turf ast Golf is Truck Performance :r Products Machine c Detroit Diesel Allison Inc Profit Sharing Products Corporation dba Southwest Products Industrial ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CHUBS• Liability Insurance Endorsement Policy Period MAY 1, 2019 TO MAY 1, 2020 Effective Date MAY 1, 2019 Policy Number 3604-89-41 PTL Insured YACULTA COMPANIES INC. Name of Company GREAT NORTHERN INSURANCE COMPANY Date Issued This Endorsement applies to the following forms: GENERAL LIABILITY Under Who Is An Insured, the following provision is added Who Is An Insured Additional Insured - Persons or organizations shown in the Schedule are hnsure ft but they are Insureds only if you are Scheduled Person obligatedpursuant to a contract or agreement to provide them with such insurance as is afforded by Or Organization this policy. However, the person or organization is an insured only: • if and then only to the extent the person or organization is described in the Schedule; • to the extent such contract or agreement requires the person or organization to be afforded status as an Insured, • for activities that did not occur, in whole or in part, before the execution of the contract or agreement; and • with respect to damages, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision: • that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto). • with respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contractor agreement. Liability Insurance Addtional Insured - SchaduledPerson Or Organization Form 60-02-2367(Rev. 5-07) Endorsement continued Page I CHUBSo Liability Endorsement (continued) Under Conditions, the following provision is added to the condition titled Other Insurance. Conditions Other Insurance — If you are obligated, pursuant to a contract or agreemeng to provide the person or organization Primary, Noncontributory shown in the Schedule with primary insurance such as is afforded by this policy, then in such case Insurance — Scheduled this insurance is primary and we will not seek contribution from insurance available to such person Person Or Organization or organization. Schedule Persons or organizations that you are obligated, pursuant to a contract or agreement, to provide with such insurance as is afforded by this policy. All other terms and conditions remain unchanged. Authorized Representative Qc----Q V--iZ i Liability Insurance Addtiona/ Insured - Scheduled Person Or Organization last page Form 80-02-2267(Rev. 5-07) Endorsement Page 2 VPAM'Lk3 B City of Ashland I ATTN: Accounts Payable L 20 E. Main L Ashland, OR 97520 T Phone:541/552-2010 O Email: payable@ashland.or.us V E PACIFIC POWER GROUP, LLC N 6200 SOUTH 6TH WAY D RIDGEFIELD, WA 98642 O R 541) 7 Generator Repairs 1 Generator repairs as needed FY20 Goods & Services Agreement Completion date: 06/30/2020 Project Account: ************* GL SUMMARY ************** - 602223 ME Purchase Order H C/O Fleet/Shop Division 1 '90 North Mountain Ave P Ashland, OR 97520 Phone: 541 /488-5358 T Fax:541/552-2304 O 1 1 1 $10,000.00001 $10,000.00 By: 16 n6 Date: Authorized Signature $10 000.00 FORM #3 pv cay —.use Order REQUISITION Vendor Name Address, City, State, Zip Contact Name & Telephone Number Email address SOURCING METHOD CITY OF ASHLAND 14 l Da� Y. C1 � tef( of regt est: 11/25/2019 Required date for delivery: Pacific Power Generation ❑ Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency ❑ Form #13, Written findings and Authorization ❑ Reason for exemption: ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach copy of council communication If council approval required, attach copy of CC ❑ Small Procurement ❑ Request for Proposal Cooperative Procurement Not exceeding $5,000 Date approved by Council: ❑ State of Oregon ❑ Direct Award _(Attach copy of council communication) Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ Request for Qualifications (Public Works) ❑ State of Washington Date approved by Council: Contract # Attach copy of council communication ❑ Other government agency contract Agency Intermediate Procurement ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5, 6, 7 or 8) Contract # Greater than $5,000 and less than $100,000 ❑ Written quote or proposal attached ❑ Form #4, Personal Services >$5K & <$75K Intergovernmental Agreement Agency ❑ (3) Written quotes and solicitation attached PERSONAL SERVICES ❑ Special Procurement ❑ Annual cost to City does not exceed $25,000. Greater than $5,000 and less than $75,000 ® Form #9, Request for Approval ® Written quote or proposal attached Agreement approved by Legal and approved/signed by City Administrator. AMC 2.50.070(4) ❑ Direct appointment not to exceed $35,000 ❑ (3) Written proposals/written solicitation Date approved by Council: June 7, 2016 ❑ Annual cost to City exceeds $25,000, Council ❑ Form #4, Personal Services >$5K & <$75K Valid until: June 30, 2023(Date)—approval required. (Attach copy of council communication) Description of SERVICES Total Cost FY20 Generator Repairs as needed $ 10,000.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ❑ Per attached quotelproposal TOTAL COST Project Number _ _ _ _ _ _ - _ _ _ Account Number 086500-602223 `Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requis' ion f rm, ertify that the City's public contracting requirements have been satisfied. Employee: Department Head: Wi� ObyZ+rt q o or greater than $5,000) Department Manag r rvisor: City Administrator: 12 IS I (Equal tQ-agreakerthin $25,000) A �n$ Funds appropriated for current fiscal year: V / NO LPL k !-/ �11 �� v Deputy Finance Director- (Equal to or greater than $5,000) Date' Comments: