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HomeMy WebLinkAbout2013-345 Contract - Park Avenue Turf Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Park Avenue Turf ASHLAND CONTACT: Michael Strunk 20 East Main Street Ashland, Oregon 97520 ADDRESS: 3075 Old Gravenstein Hwy South, Telephone: 541/488-6002 PO Box 2198, Sebastopol, CA 95473 Fax: 541/488-5311 TELEPHONE: 707-823-8899, Cell 707-486-4326 DATE AGREEMENT PREPARED: September 23, 2013 FAX: BEGINNING DATE: October 1, 2013 COMPLETION DATE: October 31, 2013 COMPENSATION: $12,287.24 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE-PROVIDED: Contractor to provide and install 9,500 sq ft of Perennial Rye Grass and 3,500 s ft of T1 Bent Grass per proposal attached as Exhibit C. Location: Oak Knoll Golf Course 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, 279B.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 $19,825 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. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If Cit fundin from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 1 of 5 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 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than $25,000, Revised 06/3012013, Page 2 of 5 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 shat sign the certification attached hereto as Exhibit A and herein incorporated by reference. 77 A Contractor: City of As ,7n r ~D By By r~fAd ~J~ (Ih ~GV P L_ f tC Department Head tk dV~(4 P 1 IJU~J Prin Name Print Name I MM6 Title Date W-9 One copy of a W-9 is to be submitted with ~O /J GJ~ the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/3012013, 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. fjj~'kj PJAO~'kT /0 17, 9EV Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2013, Page 4 of 6 TARK,AVENUE` u"tNC. GROWING & INSTALLATION OF FINE SOD We roll out the green carpet for you QUOTATION BILL T0: SHIP T0: City of Ashland Oak Knoll golf course 90 N Mountain rd 3070 Hwy 66 Ashland Ore Ashland Ore DATE SALES REP PROPOSED SHIP DATE SPECIAL INFORMATION 9/25/20131 1 10115/2013 ITEAM UNITS DESCRIPTION UNIT PRICE TOTAL T-1 Bent 3500 $ 1.60 $ 5,600.00 Install 3500 $ 0.39 $ 1,365.00 Blue/Rye 9504 $ 0.35 $ 3,326.40 Install 9504 $ 0.21 $ 1,995.84 $ $ NON TAXABLE TAXABLE SUBTOTAL TAX BALANCE DUE $ 12,287.24 QUOTATION VALID R 90 DAYS CORPORATE OFFICE DIXON OFFICE Post Office Box 2198 7988 Robben Rd. Sebastopol, California 95,473 Dixon, CA 95620 (707) 823-8899 (707) 693-8899 (800) 734-8859 WHOLESALE & RETAIL FAX: (707) 823-9010 PARKAVE-01 DWATTS , l%..~ O CERTIFICATE OF LIABILITY INSURANCE 10/2//v OATDDIYYYY) `2o13 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 NAME: George Petersen Insurance Agency, Inc. PHONE 236-9046 FAX 7 525-4175 P.O. Box 3539 E-MAIL' E 0. (800) , No). (70) Santa Rosa, CA 95402 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC0 INSURERA:AIIIed Insurance 42579 INSURED INSURER B: Cypress Insurance Company Park Avenue Turf, Inc. INSURER C P.O. Box 2196 INSURER D : Sebastopol, CA 95473 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. INBR rypE OF INSURANCE A06LiSUBA pOLICYNUMBER MMMDVIYYYV MMIOD EXP LIMITS INSR MID LTR GENERAL UASIUry EACH OCCURRENCE E 1,000,00 A X COMMERCWL GENERAL LIABILITY X FPK7615544316 41612013 416/2014 DAMAGETOREf pREMISES Ea oovrtence) S 100,00 CLAIMS-MADE 1XI OCCUR MED EXP(Any me perm) E 5,00 PERSONAL S ADV INJURY E 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG E 2,000,00 POLICY F X PR0. F-1 LOC E JECT NAUTOMOBILE LIABILITY Ea acade acddeDnp IN ELI 1 E 1,000,00 A ANYAUTO FPK7815544318 418/2013 41612014 BODILY INJURY(Perpemdn) E ALL OWNED P SCHEDULED BODILY INJURY (Per accident) $ AUTOS NAUTOS ONOWNED PROPERTY DAMAGE E H HIREDAUTOS AUTOS Per ecddent E UMBRELLAUAB OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE I $ RED RETENTIONS I~IIIs WORKERS COMPENSATION FE T9R 5TATU- ER EMPLOYERS' LIABILITY AND OTH- B ANY PROPRIETORIPARTNERIEXECUrIVE Y NIA 3300056296-131 1/112013 11112014 ACH ACCIRENT E (Mandatory 1,000,00 R REXCLUDED? E.L. E- (Myyanddtory ry in In N NH) EA EMPLOYE E 1,000.00 IDEeSCRdescn~ IP ON OF eOPERATIONS hebrv EL DISEAS DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERAPONSI LOCATIONSI VEHICLES (Mach ACORD 101, Additional Remarks Schedule, H mom space Is required) RE: Oak Knoll Golf Course - Proof of Coverage The city of Ashland, Oregon, and Its elected officials, officers and employees are named as Additional Insured with respect to General Liability per form CG 71 57 08 04, attached. Cancellation wording applies per form IL 00 17 1198, attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Kart Olson Purchasing Representative ACCORDANCE WITH THE POLICY PROVISIONS. 90 N. Mountain Rd Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 71 57 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to 1. "Bodily injury", "property damage" or "personal include as an additional insured any person or or- and advertising injury" arising out of the ran ganization for whom you are performing opera- daring of, or the failure to render, any profes- tions when you and such person or organization sional architectural, engineering or surveying have agreed in a written contract that such person services, including: or organization be added as an additional insured a. The preparing, approving, or failing to pre- on your policy. Such person or organization is an pare or approve, maps, shop drawings, additional insured only with respect to liability for opinions, reports, surveys, field orders, "bodily injury", "property damage" or "personal and change orders or drawings and specifica- advertising injury" caused, in whole or in part, by: tions; or 1. Your acts or omissions; or b. Supervisory, inspection, architectural or 2. The acts or omissions of those acting on your engineering activities. behalf; 2. "Bodily injury" or "property damage" occurring in the performance of your ongoing operations after: for the additional insured. a. All work, including materials, parts or A person's or organization's status as an addi- equipment furnished in connection with tional insured under this endorsement ends such work, on the project (other than ser- when your operations for that additional in- vice, maintenance or repairs) to be per- sured are completed. formed by or on behalf of the additional in- No such person or organization is an addi- sured(s) at the location of the covered tional insured for liability arising out of the operations has been completed; or "products-completed operations hazard". b. That portion of "your work" out of which the injury or damage arises has been put to its B. The following is added to SECTION III - LIMITS intended use by any person or organization OF INSURANCE: other than another contractor or subcon- tractor engaged in performing operations The limits of insurance applicable to the additional for a principal as a part of the same project. insured are those specified in the written contract D. With respect to the insurance afforded to these between you and the additional insured, or the lim- additional insureds, Condition 4. Other Insur- its available under this policy, whichever are less. ance is replaced by the following: These limits are part of and not in addition to the limits of insurance under this policy. 4. Other Insurance If other valid and collectible insurance is avail- C. With respect to the insurance afforded to these able to the insured for a loss we cover under additional insureds, the following additional exclu- Coverages A or B of this Coverage Part, our obligations are limited as follows: sions apply: This insurance does not apply to: CG 71 57 08 04 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 2 CG 71 57 08 04 a. Primary Insurance When this insurance is excess over other This insurance is primary except when it is insurance, we will pay only our share of the excess as provided under part b., below. amount of the loss, if any, that exceeds the When this insurance is primary, we will not sum of: seek contribution from other insurance (1) The total amount that all such other in available to the person or organization surance would pay for the loss in the shown in the Schedule of this endorsement. absence of this insurance; and b. Excess Insurance (2) The total of all deductible and self- This insurance is excess over: insured amounts under all that other in- (1) Any of the other insurance, whether surance. primary, excess, contingent or on any We will share the remaining loss, if any, with other basis: any other insurance that is not described in (a) That is Fire, Extended Coverage, this Excess Insurance provision and was not Builders Risk, Installation Risk or bought specifically to apply in excess of the similar coverage for "your work"; Limits of Insurance shown in the Declara- tions of this Coverage Part. (b) That is Fire insurance for premises rented to you or temporarily occu- c. Method Of Sharing pied by you with permission of the owner; If all of the other insurance available to (c) That is insurance purchased by you the additional insured permits contribu- to cover your liability as a tenant for lion by equal shares, we will follow this "property damage" to premises method also. Under this approach each rented to you or temporarily occu- insurer contributes equal amounts until it pied by you with permission of the has paid its applicable limit of insurance owner; or or none of the loss remains, whichever comes first. (d) If the loss arises out of the mainte- If any of the other insurance available to nance or use of aircraft, "autos" or the additional insured does not permit watercraft to the extent not subject contribution by equal shares, we will to Exclusion g. of Section I - Cov- contribute by limits. Under this method, erage A - Bodily Injury And Prop- each insurer's share is based on the ra- erty Damage Liability do of its applicable limit of insurance to When this insurance is excess, we will have the total applicable limits of insurance of no duty under Coverages A or B to defend all insurers. the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the addi- tional insured's rights against all those other insurers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 71 57 08 04 IL001711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or deliv- c. Recommend changes. ering to us advance written notice of cancella- 2. We are not obligated to make any inspections, tion. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliv- such actions we do undertake relate only to in- ering to the first Named Insured written notice surability and the premiums to be charged. We of cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancel- dertake to perform the duty of any person or lation if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. US. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective only to us, but also to any rating, advisory, rate date of cancellation. The policy period will end service or similar organization which makes in- on that date. surance inspections, surveys, reports or rec- ommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply to cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef- tion, under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suffi- E. Premiums cient proof of notice. The first Named Insured shown in the Declara- B. Changes tions: This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and The first Named Insured shown in the Declara- 2. Will be the payee for any return premiums we tions is authorized to make changes in the terms pay. of this policy with our consent. This policy's terms F. Transfer Of Your Rights And Duties Under This can be amended or waived only by endorsement Policy issued by us and made a part of this policy. C. Examination Of Your Books And Records Your rights and duties under this policy may not be transferred without our written consent except We may examine and audit your books and re- in the case of death of an individual named in- cords as they relate to this policy at any time dur- sured. ing the policy period and up to three years after- If you die, your rights and duties will be transferred ward. to your legal representative but only while acting D. Inspections And Surveys within the scope of duties as your legal represen- 1. We have the right to: tative. Until your legal representative is appointed, anyone having proper temporary custody of your a. Make inspections and surveys at any time; property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CITY RECD 'DER Page 1 / 1 Ashland Park Commission DATE PO NUMBER 20 E MAIN ST. 10/14/2013 00295 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 004322 SHIP TO: PARK AVENUE TURF INC PO BOX 2198 SEBASTOPOL, CA 95473 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens - Jason Minica Special Inst: Confirming? NO Quantity Unit Description. Unit Price Ext. Price Deliver and install sod at Oak Knoll 12,287.24 Golf Course per attached contract. Contract for Goods and Services Beqinninq date: October 1, 2013 Completion date: October 31, 2013 SUBTOTAL 12 287.24 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 12,287.24 j` Account Number * _ Project Number Amount Account Number Project Number Amount E 411.12.00.00.7042011 E 000047.999 12 287.24 A orized Signature VENDOR COPY _ Q_L! -it_-V-1- r 9°- FORM 0 «,-x '/~<.V D-1-'c 1 lsr C I T Y OF cl"V'e e-e -i, ASHLAND. A request for a Purchase Order REQUISITION Date of request: Required date for delivery: Vendor Name T Address, City, State, Zip Contact Name & Telephone Number Fax Number ~M, IcP" Sir„n~ -7U7- yFle_y321, SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Witten findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: Contract If ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement Sole Source Contract # GOODS & SERVICES Applicable Form 16, 7 or 8) ❑ Other government agency contract $5.000 to $100,000 Written quote or p oposal attached Agency ❑ (3) Written quotes attached ❑ Form 94, Personal Services $51K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement fi temovemmental Agreement $5.000 to $75.000 ❑ Form #g, 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 $51K to $75K Valid until: Date Description of SERVICES Total Cost 1 -I~✓tr .6.,( O'4 I,nS+.c (I Sun( a"F k (Ghe l( C_-iclr Gn,ry<~ . 6.Z 14,sos„A $ /Z) Z 9 -7. 4-4 item # Quantity Unit Description of MATERIALS Unit Price Total Cost 9S D U 5~ r+ f~trzr<>t ; •c ( r2 ~ C .asS 3Svu F+ 2 c~~ r., SS ❑ Per attachedquote/proposal $TOTAL COST 12, Z 9-1.2 4 Project Number(Zc-_CA'7_-12! Account Number-__-__-__- Account Numberq t_-IZ_-CO Cc--_10Y Account Number - . - 'Expenditt a"roodate account numbers for the financials to accurately reflect the actual expenditures. IT Dfrecf o approve all hardware and software purchases: IT Director Date Support -Yes/ No on form, I certify that the City's public contracting requirements ha been satisfi of Emplo, Department Head Signature: / GL 1 QiG l%~ r/} I L1 (Equal to or greater than $5,000) City Administrator: (Equal Funds appropriated for current fiscal year. !✓E$$' to orgreate than 25,000) / NO z2VN ~ U Finance Director- (Equal to or grealar then $5,000) Date Comments: Form #3 - Requisition FORM #5 CITY OF ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: From: Jasi r LUI.'n c. Date: Re: Sole Source Determination and Written Findings for Goods and Service's In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: 0 I2, v n. Project name: l CirazHS ,j-• 1.&,L &Ves Description,of goods and services: ~w^^ch c u~ 7 n ~l ~2 /t Sc,r~ + Background: f / L ~5(,~~a~v,~ O✓'~L.S )S /N16 •r ,v~ TCnlls~^^~SC. SIJG~ {-rL,i^'~. Prk- AVLYI.t-~L. C,,C f I - y<<.}grQSS a t7_ fie. Sic,' pi"s fly i,iS4 0.1(~},0~ r~~ ~l~z sur~ wig i I. utre.~ , ~w k l a e nou 7~ us e onl~ drs4 r,4a4ot, 1LX II / / / I -e A ~1 Ur 4~1¢. SourGL. I ~ ZS~i,+,~a{cG~ Lu`~r -tur Svc /G~.Z~~Urr. l 4" /}P I #/R) Lb 7. G S ~ ~7"Vw JU-1 L20/I /I(rS wi+--~ ts~( l I I (N.LrL 4-4 ~1~ t ,pp/t ut 1~~~ r~ all I 6. L~ ~6K d~tt~A.NC-2 ~l.c••~ o-~'-G~ GUCVr( L4,~ LZ LAN=~ ut ~t F~ oc{ c~~rMc( ~ Lc! 1 ~t [ n (l ~r ivra ~ c~c 6~ u 5 t J 1 Form #5 -Sole Source -Goods and Seances -Less than $100,000, Pagel of 2, 8/14/2013 (J~~f. Cax l Ttj. )a"") 1?10 Y Findings: fThe findings below must include actual information supporting the determinationl. Market Research Overall finding: G~ ll„i6lr t s< l 3 f~J/ SLcwS f G..~ all Cc•a n .1S ~La } w e rr. Ge,, {u c ail 7 A/<. Z vt of Q bl z t 1, o C~ ~X c;( ei /i lac J,vt fl~L GL,slarul hz ✓t~zel /~r~xru~vT v-~ .5 cntl7 P.zurc~t/ C' "t 0"4'cg7'- le- 4'" G_ JZ.p- ~x cC , (In accordance with ORS 279B.075, these are the examples offindings that should be addressed Select at least one of the findings and prepare the determination as it specifically relates to the goods or services being procured. More than one finding can be addressed. • The findings are as follows. Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of software or data with other public or private agencies are available from only one source. Pursuant to ORS 27913.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. Pursuant to ORS 27913.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 8/14/2013