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HomeMy WebLinkAbout2013-341 Contract - Cut N Break Construction Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Cut'N Break Construction, Inc. ASHLAND CONTACT: John Lawton, President 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 1455, Medford, OR 97501 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 779-1482 DATE AGREEMENT PREPARED: October 4, 2013 FAX: (541) 772-1913 BEGINNING DATE: October 14, 2013 COMPLETION DATE: December 13, 2013 COMPENSATION: $12,530.00 GOODS AND SERVICES TO BE PROVIDED: Installation of concrete staircase and railing at 410 N. Main Street (see attached). 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 279B.220, 2796.225, 27913.230, 27913.235, 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 $19,825 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 06/13/2013, 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 change. There shall be no cancellation, material change, reduction of limits or Contract for Goods and Services Less than $25,000, Revised 06/13/2013, 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 an work y begin under this contract. 21. Certification. tra r hall si the certification attached hereto as Exhibit A and herein incorporated by refer e. Contra it f: City of Ashland By By ignature Departmen ead Print Name Print Nam G, IloIm113 Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. / r Contract for Goods and Services Less than $25,000, Revised 06/13/2013, 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. i~ (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. 7 (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 nsurance liability insurance relating to the labor or services to be provided. Contractor (Da) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 n CITY OF ASHLAND September 16, 2013 To All Potential Bidders: RE: CONCRETE STAIR INSTALLATION FOR THE CITY OF ASHLAND The City of Ashland is seeking bidders for concrete work near the intersections of N. Main Street & Hersey Street. Work will consist of the installation of stairs along the southern side of the building at 410 N. Main Street. There is currently a wooden stair case that this project will be removing and replacing with a concrete staircase as per the enclosed drawings. The hand railing that is shown on the plans, shall also be included in the quote. If you are interested in submitting a bid for this work, please complete and submit the attached Request for Quotations form to the City of Ashland Engineering Department by mail at 20 E. Main Street, Ashland OR 97520 or in person at 51 Winbum Way. Bids must be received by 2:00 PM, Tuesday October 1, 2013. This project will be subject to the enclosed City of Ashland Living Wage Ordinance. If you have any questions regarding this request, please feel free to contact me at (541) 488-5347. Sincerely, ~ ~alur~ac~ Associate Engineer Public Works/Engineering Department Tel: (541) 488-5347 20 E. Main Street Fax: (541) 488-6006 Ashland, Oregon 97520 TTY: (800) 735-2900 www ashland or uc G:\pub-wrks\eng\12-30 Alley Extension - N Main to LoriW_Admin\Cons Pre Contract\12-30 Colwell Stairs Concrete RFQ - 09-16-13.docx eup~ao ~mm o-u ryoasloa snsw pmro uns SyNk Lin S,yo .mxo w.wm 3p~ ~ N 9NIN33~NI~N3 'J No imv~m rani ~aF`' 4 ott3nNLsl~l~ nn . ~¢ry~ y [~/a ~ .ul yl ~p SWYIN9YJ]'JNIY33NI'JN3 NJI1JI1LIyN(I] N y @@ y x £ ~ a RR3 ~ 8 rc 0 0 0 0 i W u - p_p rN' 1 N r' U n 1 . all a s ~ I z ~ o jj. ¢v L I i ' / / 2 8' S 7 Za wwrn as ,a-.r J anm io ma :nam cl~ 1-1 ~Y 3 g 0 bb~ ~p~~ E3 SSE~ g E E W ~a Y i q ~ 44 ~ @ ~gg~yy- p¢e Y'¢e8 anz aw~ 00000 0 000000 S E C $ I ~ a~Nase mr.p CITY OF ASHLAND REQUEST FOR QUOTATIONS Project located near the intersection of N. Main Street and Hersey Street. Contractor to complete items summarized below. Please indicate your quotation for each of the following items as indicated below. Item Description Quantity Unit Unit Price Amount 4110 N. Main treet C►onerete Stair Installation MOBILIZATION, TRAFFIC CONTROL, ETC. 1 Mobilization LS 1 00 2 Traffic Control LS 1 O 3 Erosion & Sediment Control LS 1 4 Existing Stair Removal LS 1 ,SOO p 5 Concrete Stair Installation LS 1 ° including hand railing PLEASE RETURN QUOTE BY: 2:00 PM, Tuesday October 1, 2013 Date: ' 3 - By: Aignature 1 0 . ors Address: (2- q . 2bo-C Pnnte Name csr'Crrc~. ' C5R- c .l S 8 1 ,1'n e oltP y_ o Phone: t-`' ~i..z 1• Public Works/Engineering Department Tel: (541) 488-5347 20 E. Main Street Fax: 488-6006 As , Ashland, Oregon 97520 TTY: (80800) 735-2900 -2900 www.ashland.or.us G:\pub-wrks\eng\12-30 Alley Extension - N Main to LoriW_Admin\Cons Pre Contract\12-30 Colwell Stairs Concrete RFQ - 09-16-13.docx ``lw_ ® CERTIFICATE OF LIABILITY INSURANCE 10/7/2013 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 $ll5an NAME Wilson, AAI, AIC Beecher Carlson Insurance Agency LLC (541) 772-1111 FAX No: (541)772-3785 3256 Hillcrest Park Drive .susan. wilson@beechercarlson.com INSURER(S) AFFORDING COVERAGE "ICi Medford OR 97504 INSURERAAtaerican Hallmark Ins Co of TX 3494 INSURED INSURERB:SAIF Corporation 2412 Cut N Break Construction Inc INSURERC Western Surety C n 3188 P O BOX 1455 INSURER D: INSURER E: Medford OR 97501-0108 INSURER F: COVERAGES CERTIFICATE NUMBER:CL134426578 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. INSIR TYPEOFWSI 102 POLICY NLMBER (MMIDDNYYY) EFF (MMIDDfYYYY) L LIMITS L R GENERAL LIABILITY X EACH OCCURRENCE $ 1,000,000 X COMMERCW. GENERAL LIABILITY PREMISES aowrteme E 100,000 A CLAIMSWADE OCCUR X 4CL44930206 /13/2013 /13/2014 MED EXP(My we person) $ 5,000 PERSONAL B ADV INXRY $ 1,000,000 X Stop-Gap Liability-TM GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATELIMIT APPLIES PER PRODUCTS - COMP/OP AGO $ 2,000,000 'T F POLICY X , O LOC $ AUTOMOBILE LIABILITY' ECOMBINED ee ideal rv L LMI 1,000,000 (l -i A X MY AUTO BODILY INJURY Per person) $ ALL ORNED SCHEDULED 4CL44930206 /13/2013 /13/2014 BODILY INJURY (Per attideml E AUTOS H NOWONNED PROPERTY DAMAGE MIRED AUTOS AUTOS Per $ Medwl ewnen6 $ 5 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION v.C STATU- OTH- AND EMPLOYERS' LIABILRY TORY MI R ANY PROPRIETORIPARTNER~CJMVE= NIA E.L. EACH ACCIDENT $ 500,000 (Mand9ory lln NH)EXCLUDEDI 89003 0/1/2013 0/1/2014 E.L. DISEASEEA EMPLOYE $ 500,000 Ifyds. desmbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ SOO OOO C BOLT Bond-Statutory 0106243 e/05/2013 E/O5/2014 Uma: $30,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEH/CUES (Atr ch ACORD IUI, AMKioml Remarks S hedule, if more space is regWred) Re: Project - 410 N Main Street Concrete Stair Installation. The City of Ashland, OR and its elected officials, officers and employees are included as additional insured with respects to General Liability per attached endorsement GC10000704 when required by written contract. Subject to policy terms, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION (541) 4886006 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Public Works/Engineering Dept 20 East Main Street AUngPo2ED REPRESENTATIVE Ashland, OR. 97520 S Wilson, AAI, AIC/SUB-'~- r-~• u-r~`^-^^~ ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 porims) of The ACORD name and logo are registered marks of ACORD .THIS, ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS PRIMARY AND NON-CONTRIBUTING COVERAGE TO THE EXTENT REQUIRED BY AN INSURED CONTRACT This endorsement.modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE.FORM SCHEDULE .Name of Person, or:Organization:' Description of Job/Project:' A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person or organization (called "additional insured') shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whale or in part; 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 at the location designated above. A person's or organization's status.asan additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to the additional insured, the following additional exclusions apply: 1. "Bodily injury" or "property damage" arising out of the sole negligence or willful misconduct of, or for defects in design furnished by, the person or organization shown in the Schedule. 2. "Bodily injury"; "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering orsurveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys; field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury`' or "property damage" occurring after: a. All work, including materials, parts orequipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be, performed by or oh behalf of the additional insured at the location of the covered operations has been completed; or b. Thatportion 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 part of the same; project. GC 10 00 07 04 Includes-copyrighted, material of Insurance Services Office, Inc., with its permission Page 1 of 2 C. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to add the following subparagraph: d., Additional Insured's,Other Insurance As Excess Insurance To the extent required, by an "insured contract, `this insurance is primary on behalf of the person or organization shown in the Schedule.and any other insurance maintained by that person or organization is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then paragraph a. above will apply. D. The Limits of Insurance as provided in SECTION III'-LIMITS OF INSURANCE are those shown in the Declarations or those limits which are specified in an "insured contract" under which you assume the tort liability of the additional insured, whichever are less. These Limits of Insurance are inclusive of and are-not in addition to the Limits of Insurance shown in the Declarations. All other terms,and conditions of this policy remain unchanged. 'If required information is not shown on this endorsement, it will be shown in the Declarations. GC 16 00 07 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 'of 2 BEECHES LSO;N Insurance A ency,'LLG CERTIFICATE OF, INSURAWE,NOTICE Whyjs thisjiotire, important? :Contracts are being executed and'signe8,in mariy,cases without review of insurance, terms and conditions. Most-often contractual language used in the. inairance,sectiori has not been updated. to, meet todays"industry wording~:and'typicallyincludes requirements for contractual Ianguage to tie included.on'the certificate acord professio_ najs we know the industry and can provide advice 'and counsel with' farm As insurance respects to. contractual' language and functionality of the Certificate of Insurance that complies with state; regulations. How do:we,.resolve Contractual'Language. vs..State. Regalotionst AS' an. Industry. Leader;. Beecher Carlson 'is active)y, providing education h g - , _ dewing insurance/certificate requirements as well as; to thosewritincontr contracts, rev, _ those reading the certificates and endorsements issued. Our goal is to work through `the education process.of contractual wording, certificate wording and: endorsements, specific vs. blarikef, in an effort: to satisfy all requirements.and re-establish: the process, of relying on policies,to meet contractual obligations, rather than, a: Certificate.of Insurance. whit is the-purpose of a:Cerfficate? A'Cerfificate of Insuranceissolely evidence of policies-issued and in force at the time the;Certificate of insurance isissue& A! Certificate does not provide assurance that the certificate holder will be notified if the policy is modified, extended, expires or is cancelled. A Certificate oflnsurance-cannot extend. or alter coverage provided In{anansuramd policy in anyway: The issuance of Certificates of Insurance and the, information, they contain is governed by insurance law in most states. State insurance regulations require that policyrightsand conditions can only fie'extended'through.insurance binders, policies,'incl udingendorse_me_nts - no policy.rights are extended through the issuance of a Certificate'of Insurance: N/hot is_tfre purpose.ofthe DeDesciiptions_of.Operations se_ct~on? This section isiprovided toinclude information such as• The. project name, locations, vehicles, equipment,oi~other:information that may apply to the issuance of the certificate, !_but does not alterthe terms of the-policy contract. When the additional insured Ibox is checked on the certificate"you may, refer to,the endorsement attached to the Certificate of Insurance far policy language. cThis. section is notihtended to be a means-in which thepolicyis-interpreted by including;policy or cpramctuaflanguage: - - The,Certificate of Insurance, referenced in this document are those issued;.on-the :forms published by,ACORDI,. whichare-.prepared,or issued, by. an insurer, on insurance agent as evidence. of. coverage for property r& casualty coverage's in_force. at the time_ofissuance and'does not grant -contractual.wording'to'the certificate holder,. An insurance producer who, issues a certificate, of insurance that is. not a representation. of the policy contract could be, in violation of statutory law: Insurance departments,'.have,the authority to take enforcement% action. against the producer who intentionally misrepresents the terms of an actual or,proposed contract of insurance., This action. can rangefrom, issuing a p enalty fo;~revoking the produeer's license. As such, Beeclier-Carlson will_ continueto,,workthroughthe~issuescomplying'With, rules and regulationsofstatedepartments. - ' wwwllieecnercarls"on.com' A,- Department of Consumer and Business Services regon _ Insurance Division 350 Win ter St. NE m..~a,a K k~~~+aa+ki r^^'r+^~+ PO Box 14480, Salem, OR 97309-0405 503-947-7980 Fax: 50.3-378-4357 www.insurance.oregon.gov CERTIFICATE OF INSURANCE ARTICLE April 22, 2010 Oregon insurance producers and industry representatives have advised the Insurance Division that they are concerned about continuing pressure to modify certificates of insurance to satisfy contracts that require a much broader extension of coverage than the policy will provide. Certificates of insurance state that they are issued as a matter of information only, and confer no rights upon the certificate holder. A certificate does not amend, extend or alter the coverage afforded by the policies represented. Oregon Revised Statute (ORS) 742.003 addresses the filing and approval of policy forms. Certificates of insurance are not considered part of the policy contract and are not required to be filed. If a document is issued that alters the contract agreement in any way, an admitted company would be required to have filed the change in the contract and have it approved prior to changing the policy language and issuing a certificate. The information on a certificate should represent the contract of insurance. There should be no variation in the information presented on the certificate from the coverage or conditions that are a part of that contract. An insurance producer who issues a certificate of insurance that is not a representation of the policy contract could be in violation of ORS 744.074 (1) (e). The director has the authority to place a producer on probation, or to suspend or revoke the license of a producer who intentionally misrepresents the terms of an actual or proposed contract of insurance. BEEC:f-ilk . `~_a~Zi-SC>N Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: ACORD certificate forms must be filed and approved for use in our state. When a new form is approved, prior versions can no longer be used. Therefore, it is illegal for us to issue anything other than the currently approved ACORD form. '-Notice of.cancellation.is-a,policy-right,,noban-unregulated-service No;insurershown on this certificate is able to provide the_cancellation notice y_ou.ddsire!by endorsemt ^t.'Fer example the insu[ed can cancel immediately, so I ."-ii," d be,imposslble"'fofthe°insurei to g'i've you the noti0P} ouirequest AState lav also grants the insurer the `right to Cancel for reasons such-as nonpavrrent with-less notice than ,you require. ; j ° rF7or the'reason just cted,af our agency was,to issue a certificate thatpron Ides the ca ncellatior notice you request we would do so with the fulllknowledge that d would be Impossible to actually give that amount of notice under certain_c)rcumstances As-such. the certificate could be alleged to constitute a misrepresentation or fraud which could subject our agency and staff to serious civil and criminal penalties. • If a certificate purports to provide a policy right different from that provided by the policy itself, then the certificate effectively purports to be a policy form. Policy forms must be filed and approved by our state department of insurance. Use of nonfiled policy forms is illegal and could result in legal sanctions distinct from the assertion that the certificate is fraudulent. • Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Beginning in September 2010, this is another reason we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • Likewise, we are unable to modify the new certificate to add a notice of cancellation. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights ...To quote wording from a contract... To quote any wording which amends a policy unless the policy itself has been amended." Also, since our state requires ACORD forms to be filed, any alteration to a fled form would require its refiling. In addition, our insurance company contracts only allow us to issue unaltered ACORD forms. • We are often asked to issue proprietary certificates provided by the certificate requestor. Again, our insurance company contracts only allow us to issue unaltered ACORD forms. In addition, our state requires the filing of all certificates of insurance and has very specific regulatory guidelines w certificate language. Many proprietary certificates include broad, vague or ambiguous language that may or may not be incompliance with state laws, regulations, and insurance department directives. Therefore, we cannot issue any proprietary certificates that have not been reviewed by our state insurance department. Several states have voiced strong concern over certificates as evidenced in below links: • Oregon Insurance Dept: http://w„w,v.cbs.state,or.us/external/ins/producerttopics/certificate-insurance article.pdf • Atlanta, Georgia: See detailed study they conducted in 2008 http:/ttinyurl.com/26guax8 • Click following link for current update by state: http:/A&ww. iiaba. neUeprise/mai nNU/Non Member/W ilsonCertLawsReas. htm#Alabama We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. 220 NW 2nd Ave Ste 800 Portland, OR 97209-1831 (503)222-1831 Main (503)274-0323 Fax CA License #OF09618 OR License #816307 WA License #252204 Page 1 / 1 C! iECGE CITY O F ASHLAND DATE PO NUMBER 20 E MAIN ST. 10/14/2013 11931 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004823 SHIP TO: Ashland Public Works CUT N' BREAK CONSTRUCTION INC. (541) 488-5587 P O BOX 1455 51 WINBURN WAY. MEDFORD, OR 97501 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Karl Johnson Special Inst:, Confirming? No r': Quahti ~ ' unit . Descrip tion Unit Price . Ext. Price: ` Installation of concrete staircase and 12,530.00 railinq at 410 N. Main Street per attached contract, quote and drawinq. Contract for Goods and Services Beginninq date: October 14, 2013 Completion date: December 13, 2013 SUBTOTAL 12.530 00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL .12,530.00 ASHLAND, OR 97520 Account Number;. Project Number Amount ;Account Number. Project Number Amount E 260.08.12.00.70420 E 201230.120 12 530.00 Autho ed Sign t /6//~ VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND REQUISITION Date of request: 10/10/2013 Required date for delivery: ASAP Vendor Name Cut 'N Break Construction Inc Address, City, State, Zip P.O. Box 1455. Medford, OR 97501 Contact Name & Telephone Number John Lawton. President (541) 779.1482 Fax Number (541) 772.1913 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 Wdtten quote or ro osal attached ❑ ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ Stale of Oregon ❑ DirectAward Date approved by Council: Contract # ❑ VerbalMirtten 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 $1100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intemovern rental 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 proposalstwritten solicitation Dale approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Installation of concrete staircase and railing at 410 N. Main Street (SEE ATTACHED) $12,530.00 Item # quantity Unit Description of MATERIALS Unit Price' Total Cost ❑ Per attached quotelproposal It TOTAL COST Project Number 201230.120 Account Number Account Number 260.08.12.00.704200 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 Sin +_ves-ANo-- By signing this requisite n arm, l certify that the City's public contacting requirements have been satisfied. 1 Employee: Department, Head: -_M"~~ (Equal to or eater than 5 gp01~~ Department Manager/Supervisor: City Administrator: p (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES' / NO 7~ - ru~~ °//6 Finance Director-( Equaltoorgreatert $5,000) Date Comments: Form #3 - Requisition