Loading...
HomeMy WebLinkAbout2013-089 Contract - Economy Plumbing Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Economy Plumbing ASHLAND CONTACT: Gerard Fowler 20 East Main Street Ashland, Oregon 97520 ADDRESS: 309 Kent Street, Ashland OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPH~OLNE: 541-482=4733 DATE AGREEMENT PREPARED: April 8, 2013 FAX: ~7 VSg_ 0g( 3 BEGINNING DATE: April 10, 2013 COMPLETION DATE: June 30, 2014 COMPENSATION: Per fee schedule attached as Exhibit C. Not to exceed $5,000. GOODS AND SERVICES TO BE PROVIDED: Plumbing services to be provided on an on-call or as needed basis, including situations requiring immediate attention, as determined by a representative of the Ashland Water Department. ADDITIONAL TERMS: 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 2796.220, 2796.225, 279B.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 $19,494 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 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: Contract for Goods and Services Less than $25,000, Revised 0613012012, Page 1 of 5 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. 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 Chan e. There shall be no cancellation, material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 2 of 5 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 refe ence. Contr or. City of Ashland 11 B By ign Ire Department H ad Print Name 1 Print Name ~ tt llcl&6 ` w \ 13 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 06/30/2012, 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. ✓ (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. ~COhOHt y T~t/+ry A~~n ~ ?o Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2012, Page 4 of 5 OP ID: KCF '4`°RO CERTIFICATE OF LIABILITY INSURANCE 09/04/12 sjoan2 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 541-245-1111 NAMET KC Ferguson United Risk Solutions, Inc. 541 245-1112 PNONE r~1-4y47752 aFAX c No: 541-245-1112 PO Box 936 (AIC No EXer Medford, OR 97501-0067 E-MAIL s: kc.ferguson@unitedrisk.com Workers Comp House Account PRODUCER ECON01 W CUSTOMER 10- . INSURER(S) AFFORDING COVERAGE NAIC k INSURED Economy Plumbing, Inc. INSURER A: Liberty Northwest 309 Kent St. INSURER B : Ashland, OR 97520.1017 INSURER C : INSURER D : 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 6 SUB POLICY EFF POLICY EXP LIMITS LTR POUCYNUMBER MMIDDrM/Y MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ DAFAGETiSRENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE 1-1 OCCUR MED EXP(Any one person) $ PERSONAL B ADV INJURY $ GENERALAGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY 71JECT F-1 PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OW NED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per awidenp NON OWNEDAUTOS $ UMBRELLA LIM OCCUR EACH OCCURRENCE $ EXCESS LIMB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ TH- WORKERS COMPENSATION X TWO RS TAT IMITS OER AND EMPLOYERS' LIABILITY A ANY PROPRIETORIPARTNERJEXECUTIVEY/N WC41N0008564012 10(01(12 10/01/13 E.L. EACH ACCIDENT $ 500,000 OFFICEWMEMBER EXClA1DED4 NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYE $ 500,600 I( yes, describe under DESCRIPTION OF OPERATIONSbeloW E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: All Operations of the Named Insured CERTIFICATE HOLDER CANCELLATION CITAS01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland Service THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Kariann Olson 90 N. Mountain Ave. AUTHORIZED REPRESENTATIVE Ashland, OR 97520.2014 Me - © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD OP ID: RPW CERTIFICATE OF LIABILITY INSURANCE Ft/16112 08/16/12 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 541-245-1111 CONTACT United Risk Solutions, Inc. NAME: Dana Brinkley PO Box 936 641-245-1112 PVHCDNN EA,,541-245-1111 ~ 541-245-1112 Medford, OR 97501-0067 ADDRESS: dana.brinkley@unitedrisk.com Jim R. COX PRODUCER CUSTOMER ID e: ECON01 C INSURERIS) AFFORDING COVERAGE NAIC s INSURED Economy Plumbing, Inc. INSURERA:Amco Insurance Co 309 Kent Street INSURER B : r Ashland, OR 97520 INSURER C INSURER D 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 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. IL1RN TYPE OF INSURANCE POLICYEFF POLICVEXP POLICY NUMBER MMa10 MMdJ LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERALLIABILTY X CPMCT07505033269 06101112 06101/13 PREMIBES Es ~rrerca) $ 100,00 CLAIMS-MADE a OCCUR MED EXP (Anyone Peron) $ 5,00 PERSONAL 6 ADV INJURY s 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,00 X POLICY PRO- LOC s JECT AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,00 A X ANYAUTO CPBAPD7516033269 06/01/12 06101113 (Ea accdent) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per strident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIREDAUTOS (Per accident) $ X NON-0WNED AUTOS $ S UMBRELLAWIB OCCUR EACH OCCURRENCE $ EXCESS LAB CIAIMS-MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ Is WORKERS COMPENSATION WCSTATU- 0TH- ANDEMPLOYERS' UABIUTY YIN T Y IMIT3 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S ' OFFICERIMEMBER EXCLUDED? r_1 NIA (Mandatoryln NH) E.L. DISEASE - EA EMPLOYE S It yes desoiOe under DESCRIPTION OF OPERATIONS WIM E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (A chACORDIOI.MdltlomlRemarks SCMdule,Nmq socshoqulmd) Certificate holder is Additional Insured for general IiabililV pper attached CG7323 (11/11) and for commercial auto per attached ARM (03/10) - CERTIFICATE HOLDER CANCELLATION CITAS01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland Service THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing ACCORDANCE WITH THE POLICY PROVISIONS. Karlann Olson 90 N. Mountain Ave. AUTHORIZED REPRESENTATIVE Ashland, OR 97520.2014 n kw~ 9~i$T 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD - COMMERCIAL AUTO AC 01 02 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured" for Liability EQUIPMENT Coverage, but only to the extent that person 1. Under the COVERED AUTOS SECTION, or organization qualifies as an "insured" un- the following are added to Paragraph C. der the Who Is An Insured Provision con- Certain Trailers, Mobile Equipment and SECTION in the LIABILITY COVERAGE Temporary Substitute Autos: SECT the Coverage Form 4. "Trailers" designed to be towed by a pri- vatepassenger type "auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes, other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily injury" or "property damage" which is being towed by a covered "auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury" or "property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind, quality or degree SECTION, is replaced by the following: than initially expected or intended; or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person, entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered "auto" for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one "auto" The following exclusions are added to the you own for that coverage or it rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously owned that had that coverage; and Damage to Named Insured's Property b. You tell us within 30 days after you Any claim or "suit" for "property damage" by acquire it that you want us to cover you or on your behalf against any other per- it for that coverage. son or entity that is also a Named Insured under this policy.. The most we will pay for Physical Damage Abuse or Molestation Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to" for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while in the care, custody or control of agreed to name as an additional insured in a any "insured", or written contract, executed prior to an acci- b. The negligent: dent, other than a contract for the lease or 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; This insurance does not apply to: 3) Supervision; a. "Loss" to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report; or vate passenger "autos". 5) Retention; b. "Loss" to TV antennas, awnings or ca- of a person for whom any "insured" is or banas. ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a. above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily injury" or "property damage" caused COVERAGE by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL sell or transport. DAMAGE SECTION, the following is added: Rolling Stores Mechanical breakdown does not include the ac- If a covered "auto" is a rolling store, "bodily cidental discharge of an airbag. injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or condition of any item Under PHYSICAL DAMAGE COVERAGE the "insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is the injury or damage occurs after the "in- replaced by the following: sured" has given up possession of the item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in any "Bodily injury" or "property damage" result- one "accident" is the lesser of: ing from the delivery of any liquid into the a. The actual cash value of the damaged wrong receptacle or to the wrong address, or stolen property as of the time of the or from the delivery of one liquid for another, "loss", or if the "bodily injury" or "property damage" occurs after the delivery has been com- b. The cost of repairing or replacing the pleted. damaged or stolen property. Delivery is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in ther service or maintenance work, or correc- any one "accident" to all electronic equip- tion, repair or replacement is required be- ment that reproduces, receives or transmits cause of wrong delivery. audio, visual or data signals which, at the Professional Services time of "loss", is: a. Permanently installed in or upon the "Bodily injury": covered "auto" in a housing, opening or a. Resulting from the providing or the fail- other location that is not normally used ure to provide any medical or other pro- by the "auto" manufacturer for the instal- fessional services. lation of such equipment. b. Resulting from food or drink furnished b. Removable from a permanently installed with these services. housing unit as described in Paragraph "Bodily injury" or "property damage" result- 2.a. above or is an integral part of that ing from the handling of corpses. equipment; or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total "loss". SECTION: Motor Home Contents Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 0310 with its permission. AC 01 02 03 10 4. The cost of repairing or replacing may: 4. A member, if you are a limited liability com- a. Be based on an estimate which includes pany. parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION- B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the "auto", such as, but not limited existing at the inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our right to collect addi- immediately before the "loss" and the tional premium or exercise our right of cancella- cost to replace that part with a new part. tion or nonrenewal. 5. If we offer to pay the actual cash value of L. AUTOS HIRED OR RENTED BY the damaged or stolen property, we will val- EMPLOYEES ue auto advertising wraps, paint customize- If hired or rented "autos" are covered "autos" on tion, and similar business related advertising this policy, the following provisions apply: modifications, in addition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In- wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured" while and physical condition. operating an "auto" hired or rented under a 1. GLASS REPAIR -WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" Under Paragraph D. Deductible of the name, with your permission, while performing PHYSICAL DAMAGE COVERAGE SECTION, duties related to the conduct of your busi- the following is added: ness. No deductible applies to glass damage if the B. Changes In General Conditions glass is repaired rather than replaced. Paragraph 5.b. of the Other Insurance J. AMENDED DUTIES IN EVENT OF ACCIDENT, Condition in the Business Auto Coverage CLAIM, SUIT, OR LOSS Form and Paragraph 51of the Other Insur- ance Condition in the Motor Carrier Cover- The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following: the Event Of Accident, Claim, Suit Or Loss - of For Hired Auto Physical Damage Coverage, the BUSINESS AUTO CONDITIONS SECTION and the MOTOR CARRIER CONDITIONS the following are deemed to be covered "au- SECTION that you must notify us of an "acci- toe" you own: dent", "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent the "accident", "claim", "suit", or "loss" is known or borrow; and to : 2. Any covered "auto" hired or rented by 1. You, if you are an individual your "employee" under a contract in that 2. A partner, if you are a partnership; individual "employee's" name, with your permission, while performing duties re- 3. An executive officer or the employee desig- lated to the conduct of your business. nated by you to give such notice if you are a corporation; or However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 01 02 0310 - M. EMERGENCY LOCKOUT - PRIVATE 3. Original copies of receipts for services of a PASSENGER VEHICLES locksmith must be provided before reim- We will reimburse you up to $50 for reasonable burse ment is payable. expense incurred for the services of a locksmith N. LIBERALIZATION to gain entry into your covered "auto" of the pri- Paragraph 3, of the General Conditions is re- vate passenger type subject to these provisions: placed by the following: 1. Your door key or key entry pad has been If we adopt any revision that would broaden the lost, stolen or locked in your covered "auto" coverage under this policy without additional and you are unable to enter such "auto" , or premium within 60 days prior to or during the 2. Your key or key entry pad has been lost or policy period, the broadened coverage will im- stolen and you have changed the lock to mediately apply to this policy. prevent an unauthorized entry; and C All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 0310 with its permission. ~~onomY Plurnbi", Contract & Gerard Fowler 309 Kent Street Proposal 0 o Ashland, Oregon 97520 a'~~ Builders Board #62094 A/ate Plumbing (541) 482-4733 PROPOSALS BMI D TO PHONE DATE STREET JOB NAME 490 c~vh ~QYvt~e CC-?; r•7' CRY, STATE AND P COPE JOB LOCATION ARCHITECT DATE OF PLANS JOB PHONE We!hereby submit specifications and estimates for: e, V v t e d C24e- &f cc 2- 2 1^ci S ® oo'00- /owe, t'J'vVi~ re ulav ~crdzyr~r uv tzty .rod 1q 74 e- Y,? e sAq y p /110 °O V-e//c;W o w hem eAc4 a kdlyd~ e vzr ~ <!rAall A SOD. ou eaF/cenil- A r e' ~tv e vuwt is o y~lzrsv(s h Zl of lip f roposP hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: dollars ) Payment to be made as follows: Abbitimml germs: 1. Workmanship and Materials specified above am warranted for one year from completion of the project Il defects of am/ amt appear, the contrecto shell correct owns, at its own "Dome, within a reasonable time following racelpt of written notice. This shall be the limit at remedies available to the owner and contractor shall not be responsible for Incidental or consequential damages of any sort. 2 The contractor is responsible only lor its own Performance and that of the subcontractors and employesa which It runs. Detective performance by architects, other contactors, or other agents of the owner shall not be the contractors responsibility. 3. The agreed price assumes conditions are as they appear from a reasonable inspection of the property. If, after the commemement of construction, it is discovered that the will or the existing structure contain latent conditions which will cause contractor ad Illonsl time or expenditure, these parties shall "acute an addendum to the contract and renegotiate the payment terms. Contractor shall be entitled to Immediately suspend pedormame until said addendum is "acuted. Any alteration or dMailm from the speed plans and specifications will be performed only upon the execution of addenda to this contract specifying me modinea payment tames. 6. in the "ant that the owner shall fail to make payment as agreed heraln, nbrest shall accrue at the rate of 1 onth naepecling any delinquent payments. In addition, the contractor slop be entitled to suspend all performance hereunder in the than t any payment shall be tlltirpuent I= 5. 11 Is understood that contractor Is not providing insurance coverage of any son for owner. & In the "ent that fitigatian of a shall arise respect' ihi ag , the prevallirp party shall be )PH all entitled to an award of reasonable attorney fees incurred at trial and on appeal, or far collection measures If ul not fit Note: This proposal may be wittDateof hdwbus if not accepted within days. Conn cult virr of f ropoot l -The above prices, specifications s are satisfactory and are hereby accepted. You are authorized Signature as specified. Payment will be made as outlined above. tance: Signature L.R . CITY OF OW ~4S H LAN D DATE PO NUMBER 20 E MAIN ST. 4116/2013 11548 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 001578 SHIP TO: City of Ashland-Warehouse ECONOMY PLUMBING, INC (541) 488-5354 309 KENT ST 90 N MOUNTAIN ASHLAND, OR 97520 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net 30 days Dept.: Req. Del. Date: Contact: Steve Walker Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Plumbing services to be provided on an 1,000.00 on-call as needed basis, including situations requiring immediate attention, as determined by a representative of the Ashland Water Department. Estimate $1,000 for balance of current fiscal year ending June 30, 2013 Contract for Goods & Services Beginning date: April 10, 2013- Completion date: June 30, 2014 Insurance required/On file SUBTOTAL 1,000.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 1,000.00 ASHLAND, OR 97520 Account Number ~ Project Number Amount Account Number Project Number 'Amount E 670.08.18.00.60240 1,000.00 2013 Au[ rized Signature VENDOR COPY CORM#3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 4-16-2013 Required date for delivery: ASAP Vendor Name Econnmy Plumhing Address, City, State, Zip 309 Kent St Ashland Oregon 97520 Contact Name & Telephone Number Gerard Fowler 541-4824733 Fax Number 541-488-0843 SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Witten findings and Authorization ❑ AMC 2.50 Dale approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached X Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on f le) ❑ State of Oregon X 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 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 attached Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Miscellaneous plumbing work for the Ashland Water Dept.on an as needed basis. $1,000 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $1,000 Project Number---------- Account Number 670.08.18.00.602400 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: ITDirector Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature: (Equal to or greater than $5,000) City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3-Requisition