Loading...
HomeMy WebLinkAbout2014-128 Contract - SME Solutions Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: SME Solutions, LLC ASHLAND CONTACT: Arnie Tryner 20 East Main Street ZBoo 31 gr~y~ cn~ Ashland, Oregon 97520 ADDRESS: 2'" .:79 " ~7z(c7 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 253-572-3822 DATE AGREEMENT PREPARED: 04-11-2014 FAX: 253-572-0978 BEGINNING DATE: April 15, 2014 COMPLETION DATE: June 2, 2014 COMPENSATION:$911.34 per Quotation #0306143 attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Labor and materials to upgrade K-800 Petro Vend card reader system to K-800 Hybrid system. Includes materials (fasteners, connectors and cables). Set-up and assist in user training and verify proper operations. Per Quotation #0306143 attached as Exhibit C. ADDITIONAL TERMS: City to provide new equipment, which is being purchased from Northwest Pump & Equipment Company. In the event of conflicts or discrepancies among the exhibits of this contract, the terms, conditions, and covenants in this document will be primary and take precedence, and any exhibits or supplementary letters, contracts or agreements having redundant or contrary provisions will be subordinate.to and interpreted in a manner that will not conflict with this City of Ashland contract document. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 279B.225, 279B.230, 279B.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 b certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 1 of 5 C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. C. Automobile Liabilit insurance with a combined single limit or the equivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 2 of 5 1 $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 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. i 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland ~7~-- By )ItA By Signa re Departmen ad Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with / the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/13/2013, 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. (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. ll~V I(a 4 Contractor & 5MC-So4A m5 LU- (Date) Contract for Goods and Services Less than $25,000, Revised 06/13/2013, Page 4 of 5 "6 1 - If ~ M SME SOLUTIONS LLC QUOTATION 2302 A Street 2800 N W 31 at Ave SME SOLUTIONS, LLC Tacoma, WA 98402 Portland, OR 97210 253-572-3822 503-205-7777 Fax: 253-572-0978 Fax: 503-205-1465 DATE: 3/6/2014 QUOTE # 0306143at TO: N W P Attn: Jeff Kelly SUBJECT: City of Ashland, 90 N. Mountain Rd., Ashland, OR K-800 Upgrade THANK YOU FOR YOUR INQUIRY. WE ARE PLEASED TO SUBMIT THIS PROPOSAL FOR YOUR CONSIDERATION. REFERENCE pVPNrov, CNANIITYM'nnEC RITHEN Car Irk@ AMOUNT / SME to provide labor necessary to upgrade K-800 Petro Vend card reader 2 system to K-800 Hybrid Customer to provide materials 3 4 5 6 7 1 Materials: $150.00 150.00 8 Fasteners, connectors, and cables 9 10 12 13 1 Labor: $761.34 761.34 14 Upgrade Existing K-800 Petro Vend Card reader system to K-800 Hybrid system. 15 Set up and assist in user training, verity proper operations. 16 FIT mileage 17 RT trip travel 18 19 20 21 22 23 24 25 26 27 26 29 30 31 32 33 34 Notes and Exclusions: 35 1) Quote to assist customer in additional to factory telephone training, is not intended to be Tax Rmc 36 primary training. 2) Customer to provide all materials other that misc. fasteners, connectors 37 and cables. 3) Any delays caused by others outside the direct control of SME Solutions will Sub-total 911.34 38 result in additional charges at hourly rates. 4) Site to install SOL Service as needed. Tax 39 Est Freight n/a 40 trial 911.34 Pavment terms 1. Terms of net all Lien notices will be filled for jobs over $3,000.00, Lien releases will be issued only upon fine l payment. Quotation includes estimated Sales n a, Sales tax for a FrAmable items will be added to the final invoice. Testing 2. Quotations for testing do not guarantee a passing test result. SME Solutions LLC will make a 11 reasonable attempts to achieve a passing test at the time the lest is performed. This does not Include the repair or replacement of any parts or equipment. Failed test are the sole responsibility or the customer and retailer made during testing will be billed per section 31. Full payment of the cost or the testing, whether passed or failed, will be the customer's responsibility and a ll ca lances for testing work are due at the time of invoice. Failu re to pay for resting work will result in withhold ing testing results and refusal to perform any additional work for the customer. System Upgrades 3. SME Solutions LLC is not responsible for customer's loss of revenue or profit, Additional charges will be assessed for delays outside of our Control as well as charges associated with software malfunction, network connectivity or back office issues. Estimated site downtime is based on equipment performance as published by the supplier or manufacturer. Hours in excess of the estimated project duration are billed as extra. Quote is for work performed during normal business hours. All work performed outside of normal business hours will be additionalty billed at premium rates regardless of the cause. PLU and other adva need dea ter option programming is not included. Initial l agree to contents of page l SME Solutions LLC SME Solutions LLC 2302 A Street 2800 NW 31 st Ave. Tacoma, WA 98402 Portland, OR 97210 1 of 3 DATE: 03/06/14 QUOTE N 0306143at THIS QUOTE VALID FOR 60 DAYS FROM DATE OF QUOTATION. 1. QUOTATION TERMS&CONDITIONS 1. It is understood and agreed that SME Solutions LLC. ("SME") shall not be liable to the recipient ("Customer") of SME's Quotation to which these Terms &Conditions are attached and made a part for all purposes, for any loss, damage, or delays occasioned by fire, strikes, or material stolen after dellyery upon premises, lockouts, acts of God, or the public enemy, accidents, boycotts, weather, floods, freight embargoes, causes incident to national emergencies, war, or any other causes beyond the control of SME. Prices used in the Quotation are based upon present prices, work performed during normal business hours and upon the condition that the Quotation will be accepted within 60 days. Premium rates will apply to all work done outside of normal business hours regardless of cause. Any typographical errors are subject to correction without penalty to SME. Any terms inconsistent with those stated herein, and any additional terms, which may be part of Customer's purchase order or any other documentation provided by Customer, are hereby acknowledged by Customer to be rejected by SME in their entirety and will not be binding on SME in any manner. 2. Upon acceptance by the Customer, this Quotation and its related plan and/or specifications agreed to between SME and the Customer and signed by both parties, shall constitute the entire agreement and description of work to be performed ("Contract"); neither SME nor Customer will be bound by any oral representations or other statements of any kind made by any person. The project will be constructed according to plans and specifications which have been examined by the Customer and which have been or will be signed by both SME and Customer. Except as expressly provided in 5 below, any work not expressly described in the Quotation, including and dewatering and any related disposal work, is excluded, and no other project work shall be performed without prior written authorization of both SME and Customer as may be provided on a SME's change order form describing the agreed terms including the price for such additional work. 3. The Contract price is based on the following mutual assumptions; (i) that the project site and adjoining land are not filled ground or hardpan and the bearing capacity of the ground exceeds 1,000 pounds per square foot and is stable, and contains no rock formations or boulders; (d) that there are no septic tanks, pipe lines, conduits, electric lines, sprinkler lines or any other obstructions other than those indicated on the plans; (iii) that no underground or surface water conditions will interfere with the work; and (iv) that no surcharge engineering will be required. If any of the site conditions should vary from the above. assumptions requiring additional work or materials to complete the work under the Contract, or should the Customer order additional work, SME shall be paid for same as agreed upon in the subject change order. 4. The Contract price shall not include costs and disbursements required for obtaining permits or licenses or any other authorization required by governmental agencies or any other public (or quasi-public) authorities, unless specifically included. The Customer will pay assessments and charges required by governmental agencies or any other public (or quasi-public) authorities, and any utilities, for financing or repaying the cost of sewers, storm drains, water service, and other utilities, including sewer and storm drain reimbursement charges, revolving fund charges and the like. All permits and plan preparation will be performed at SME's current time and material rates and cast mark ups. Prices quoted for plans and permits are estimates only. 5. The Customer agrees that SME may make any changes in plans or construction which may be required to conform to existing or future building codes, zoning ordinances, or other requirements of inspecting public or quasi-public authorities or governmental agencies, or utility companies. Additional work required to conform to such codes, ordinances, or requirements shall be paid for by the Customer in addition to the contract price at SME's rate indicated on an agreed upon change order. 6. ' SME will only be responsible for damage to underground services (septic tanks, pipe lines, conduits, electric lines, sprinkler lines, etc.) when they have been properly and accurately indicated and marked on the plans prior to beginning excavation. 7. The liability of SME for defects or malfunctions of materials and equipment installed is limited to the warranties and guarantees of the manufacturers and/or suppliers of said materials and/or equipment. ALL OTHER WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S. All estimates of site downtime are based on equipment performance as published by the supplier or manufacturer. SME will not be held liable for delays outside of SME's control. Customer will be liable for hours in excess of estimates which will be performed at SME's current time and material rates and cost mark ups. SME shall not be held liable for any loss of profits or revenues caused by the work described in this Quotation. 9. In the event of cancellation by Customer of this Contract, Customer agrees to reimburse SME for all incidental expenses incurred by SME to enter into this Contract, Including SME's expenses to prepare the Quotation, plus SME's standard mark up. 10. This entire Contract or any portion of the work to be done hereunder may be assigned or subcontracted by SME at SME's discretion. 11. Contract payments shall be due and payable as provided in the Quotation. Payment of any additional work is due upon presentment of SME's invoice. In the event any payment is not made as specified, SME may at its option declare the entire balance owing immediately due and payable in full, and may stop work until full payment is made. Customer agrees to pay a service charge of 1 Y2% per month on all overdue amounts until paid. In the event any portion or all of an account remains unpaid 90 days after billing, Customer shall pay all costs of collection, including reasonable attorney's fees. t 12. Any controversy or claim arising out of or relating to this Contract, or a breach thereof, shall first be submitted to non-binding mediation. Customer and SME agree to include a similar mediation agreement with all contractors, sub-contractors, sub-consultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. If any such claims or disputes are not settled within a reasonable time after any parry first request mediation, but on no event exceeding 60 days from such request, the same shall be submitted to Small Claims Court if within its jurisdiction. If the amount in dispute exceeds its jurisdiction, the matter shall be settled in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award maybe entered in any court of competent jurisdiction. Notwithstanding the foregoing, SME is expressly permitted to file a contractor's or mechanic's lien and initiate any legal action for enforcement of any such lien. The court or arbitrator may award a reasonable attorney fee and/or costs of collection to the prevailing party. All proceedings commence under this paragraph 11, including any mediation or arbitration, shall be conducted in Pierce County, and any and all Small Claims Court actions shall be filed in Pierce County. Initial I agree to contents of page 2 SME Solutions LLC EVE Solutions LLC 2302 A Street 2800 N VV 31 st Ave. Tacoma, WA 98402 Portland, OR 97210 2 of 3 13. In recognition of the relative risks, rewards and benefits of the project to both Customer and 5ME, the risks have been allocated such that Customer agrees that, to the fullest extent permitted by law, SME's total liability to Customer for any and all injuries, claims, losses, expenses, damages or claim arising out of this Contract from any cause or causes, shall not exceed the labor charge amount paid by Customer to SME under this Contract. Such causes include, but are not limited to, negligence, errors, omissions, strict liability, and breach of contract or breach of warranty. 14. Customer shall, to the fullest extent permitted by law, indemnify and hold harmless SME, its officers, directors, employees, agents and any other representatives from and against all damage, liability and cost, including reasonable attorney's fees and defense costs arising out of or in any way connected with the performance by any of the parties named above of the services under this Contract, excepting only those damages, liabilities or costs attributable solely to the gross negligence or willful misconduct of SME. 15. If the proposed scope of work under this Contract is pending approval from any local or state governmental or regulatory agencies, the State of Washington, and/or the Federal EPA, including but not limited to the City and/or County Fire, Building, Electrical, Plumbing, or Environmental Health Departments and any local AQMD, and any changes or additional requirements as may be ordered by any such regulatory or public entitywill be mutually agreed upon by Customer and SME as partof a change order. 16. SME guarantees the quality of the workmanship for a period of one year from the date of completion of its work. This warranty is limited to workmanship only and does not include any labor, parts, testing, trouble shooting, or replacement of any manufacturer's defective or failed equipment. Any warranties for new equipment and parts are solely between the buyer/owner of the equipment and the manufacture of the equipment. Any request made by Customer, his/her employees or agents, for SME to repair or replace any piece of equipment for any reason is the sole responsibility of the owner of the equipment and will be billed to Customer at SME's current time and materials ('T&M"), equipment rates and mark-ups. It is the sole responsibility of the equipment buyer/owner of the equipment to understand the terms and conditions of any and all warranties for equipment. Customer acknowledges and agrees that most manufacturer warranties do not include any labor charges. 17. The compatibility of any equipment and parts provided by Customer are the sole responsibility of Customer. Any replacement, repair, modification, trouble shooting, or additional components required to make any Customer provided system compatible, whether new, used or existing equipment or parts, will be billed to Customer at SME's current T&M rates plus materials and mark-ups. This includes but is not limited to payment network compatibility, electrical and plumbing requirements, code compliance, software and programming, satellites or any piece of equipment or part not provided by SME in the Quotation or under a change order. Additional charges will be assessed for delays including but not limited to software malfunction, network connectivity or back-office issues. PLU and other advanced option programming is excluded. It is the dealer's responsibility to verify all program in ing/pricing is accurate prior to technician leaving site. 18. It is the responsibility of Customer, at the time a request for a quotation is made, to disclose all requirements for insurance, endorsements, certifications, prevailing wages, reporting, or any conditions required by Customer for the performance of the proposed work in compliance with applicable laws. SME may request copies of permits to operate, plans, testing results, and site information at any time during the performance of the proposed work. Failure to disclose this information may result in additional charges. Failure to disclose site conditions that directly affect the performance of the work outlined in the Quotation may result in additional charges. - 19. Quotations for testing do not guarantee a passing test result. SME will make all reasonable attempts to achieve a passing test at the time the test is performed. This does not include the repair or replacement of any parts or equipment. Failed tests are the sole responsibility of Customer, and repairs made during testing will be billed at SME's current T&M rates plus materials and markups. Full payment of the cost of the testing, whether passed or failed, will be Customer's sole responsibility and all balances for testing work are due at the time of invoice. Test results will not be released or filed with regulators, and no further work will be performed by SME, until charges are paid in full. 20. All Contract payments will be COD unless provided otherwise by existing credit terms agreed to by SME. Customer will pay any deposit required as indicated in the Quotation with the balance due upon completion of the work (or in installments or progress payments as described in the Quotation). Lien notices may be filed by SME for any Contract work. Lien releases will be issued only upon final payment. Quotation may or may not include sales, use or similar local taxes. All applicable sales, use and any other local tax will be added to SME invoices. 21. The Quotation will become a contract between the Customer and SME at the time it is accepted by Customer. To accept the Quotation and enter into a binding contract for the work specified therein, Customer must sign below. No work will begin until the signed Quotation is received by SME. Cancellation of the Contract may result in charges to Customer for non returnable equipment, parts restocking, permit and planning work and the like. A portion or all of Customers deposit may be retained for payment of the foregoing charges. 22. For all items referring to T&M pricing above, the Rate Sheet attached to Schedule C of the Maintenance and Repair Agreement between SME and Customer will apply. In the event that no such agreement is in place, the following rates apply: Labor: $82.00 per hour (Premium Rates at 1.5x and 2.0 x as applicable) Travel: $82.00 per hour (Premium Rates at 1.5x and 2.0 x as applicable) Electrical: $92.00 per hour (Premium Rates at 1.5x and 2.0 x as applicable) Mileage: $0.98 per mile Parts: List Price Subcontract: Cost +20% Equipment Rental: Market Rate TO ACCEPT THE QUOTATION TO WHICH THESE TERMS AND CONDITIONS ARE ATTACHED, PLEASE DATE AND SIGN WHERE INDICATED BELOW: Owner or Authorized Representative: SME Solutions, LLC Signature: Signature: ~rnis 7rynn (Print) (Print) -Arnie Tryner Title: Date: .20 SME Solutions LLC SME Solutions LLC 2302 A Street 2800 NW 31 at Ave. Tacoma, WA 98402 Portland. OR 97210 3 of 3 Client: 335759 SMESOLUT ACORDn CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMIDDIYYYY) 5119/2014 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 ms cardflcate holder Is an ADDITIONAL INSURED, the policy(les) must be entloreed. H 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 USI Northwest FAX 700 NE Multnomah, Suite 1300 w EM: 503 224-8390 AJC Nn: 610 362-8130 E Portland, OR 97232 O° 5032248390 Ipr AFFORDING COVERAGE INSURER A: SAIF Corporation 36196 6 INSURED SME Solutions, LLC INSURER B: Zurich American Insurance Compa 16535 2600 NW 31st Ave INBU RERC Portland, OR 97210 INSURER D: INBURER 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f "F Lt RR TYPE OF INSURANCE t OOL D POLICY NUMBER POL ICY P MET8 GENERALLNBIUTY EACH OCCURRENCE S OOMMERCWLGENERALLWBIUTY ELATED S CLMMS-MADE ❑ OCCUR MED EXP (AnY Ons non i PERSONAL A ADV INJURY S GENERAL AGGREGATE S GENL AGGREGATE MR APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY PRO' LOC S AUTDE DBILE UABIUTY COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY(POTMwo l S ALL OWNED 11 SCHEDULED AUTOS AUTOS BODILY INJURY (PM ecddnnt) f HIRED AUTOS AUTO NUONSwNEO PROPERTY DAMAGE S UMBRELLA UAS EACH OCCURRENCE S EXCESS LUIB CWMSIMADE AGGREGATE S DEC RETENTIONS S A wome"scoePENBATION 992634 1010112013 1010112014 X wCSTAPF oTw AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTNEYIN E.L. EACH ACCIDENT S11,000,000 OFFICE"EMSER EXCLUDED? NIA (Mendgary in NMI E.L. DISEASE - E:A EMPLOYEE $1000000 X drFMps undM DESCRIPTION OF OPERATIONS AMPr E.L. DISEASE-POLICY LIMIT 31,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Afl c ACORD 101, Addtenn IRmMrEPa Wvlo. Nmen AR.br.Wndi Workers Comp Information B WC899792300 Eff Date: 10101/2013 Exp Date: 10101/2014 WC Each Accident Limit: $1,000,000 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Ashland, Purchasing Rep. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn Karl Olson ACCORDANCE WITH THE POLICY PROVISIONS. 90 N Mountain Ave Ashland, OR 97520 AUTHORIZED REPRESENTATIVE I -41146e- ®1888.2010 ACORD CORPORATION, All rights reserved. ACORO 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S12513025/M10960484 RCSJT DESCRIPTIONS (Continued from Page 1) WC Policy Limit; $1,000,000 WC Each Employee Limit: $1,000,000 SAOITTA 25.3 (2010105) 2 of 2 #512513025/M10880484 SMESOLU-CL DWATTS CERTIFICATE OF LIABILITY INSURANCE 6/"119/2014 6 18/201d 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 ICONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WANED, subject to the tome and conditions of the policy, Certain policies may require an endorsement A statement on this certificate does not confer rights to the cortlBcate holder In Ilau of such endorsement(s . PRODUCER NGMTACT AME: Goorpe Petersen Insurance Agency, Inc. PHON ffiti? E , (707) 525-4150 626175 P.O. "It 3839 ) )Arc. Nm: (707) Soots Rose, CA 88402 ADDRESS: INSURER 6 AFFORDING COVERAGE NAIC • INSURMA:Travelers Property Casualty Company of America 25674 INSURED INSURERD:Samaun Fire8: Marine Insurance 38300 SME Solutions, LLC INSURER C: 3224 Regional Parkway sISURERD: Santa Rosa, CA 86403 awReR : IN =.R Fe: 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. ITR TYPE OF INSURANCE POLICY NUM DER MM -MMVOD1YYYYi LIMITS GENERAL UAIRLXTY EACHOCCURRENCE S 1,000,00 A TXWA MEROALGENERALUNIFUTY X 9098001449 0611412013 061142014 PREMISES Ee=.u S 100,00 CLAIMS-MADE M OCCUR MED UP (MY pro peon) E 6,00 StopGap Coverage PERSONAL L ADV INJURY s 1,000.0()( GENERAL AGGREGATE S 2,000,00 OENL AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMPIOPAGG S 2,000,00 POLICY X TPT F1 LCC S AUTOMOeILB UABIUTY • am 1,000,00 B X ANY AUTO A0000749-00 0311&12014 03116/2016 BODILY INJURY(PRPMtdn) S ALL OWNED SCHEDULED BOOILYINJURY(Pa IX46SM) S AUTOS AUTOS X HIRED AUTOS X AUTM 09 NON-OWNED PRA NTS s UMBRELLA LJAB OCCUR EACH OCCURRENCE S EXCESSWB CzCCULACE AGGREGATE $ OED RETEMIONi f WORKERS COMPENSATION A u OTH- AND EMPLOYERC LIABILJTY YON LAMITS ANY PROPRIETORIPARTNERIEXECUTNE E.L. EACH ACCIDEM S OFFICEWEMBER EXCLU DEDf O MIA (Man4ow, M NM) E.L. DISEASE - EA EMPLOYE S 0 wS• =110NIXIdR ESCIRIPTXNI OFOPERATIONSO 111, DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AldoH ACCRD 101, AdWO Ml Remerae 50edule, If mom space Is mqulmd) RE: Labor and Materials - City's Petro Vend card reader system City of Ashland Is named as AddlUonal Inou red with respects to General Liability per form CG D2 46 0805, 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 90 N. Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE (3~, 01988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) Is amended c) The Insurance provided to the additional In- to Include any person or organization that you cured does not apply to "bodily injury" or agree in a "written contract requiring Insurance" '"property damage" caused by "your work" to Include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance' specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional Insured, and then the Insurance provided to b) If, and only to the extent that, the injury or the additional Insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the 'written contract which the 'written contract requiring insur- requiring insurance" applies. The person or anoe' requires you to provide such coverage organization does not qualify as an additional or the and of the policy period, whichever is Insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The Insurance provided to the additional insured by this endorsement Is excess over any valid and by this endorsement is limited as follows: collectible "other Insurance', whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Pail shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, If the "written contract requiring insurance", the in- "written contract requiring Insurance' specifically surence provided to the additional Insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this Insurance Is primary to `other Insurance" suranco". This endorsement shall not In- available to the additional Insured which covers crease the limits of Insurance described in that person or organization as a named insured Section In Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional Ins "other Insurance". But the Insurance provided to sUfed does not apply provided to the additional Insured by this endorsement still Is 'bodily injury', ry"prop- excess over any valid and collectible "other In- erry damage" or "personal Injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, Including: an additional insured under such "other insur- I. The preparing, approving, or falling to ante". prepare, or approve, maps, shop draw- 4. As a condition of coverage provided to the Inge, opinions, reports, surveys, field or- additional Insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional Insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- 11. Supervisory, inspection, architectural or rence" or an offense which may result In a engineering activities. claim. To the extent possible, such notice should Include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the pddltional insured for a loss we IL The names and addresses of any Injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the Insur- ill. The nature and location of any Injury or ance provided to the additional Insured by this endorsement is primary to 'other Insur- damage arising out of the "occurrence" or anoe' available to the additional Insured offense. which covers that person or organization as a b) If a claim Is made or "suit" Is brought against named Insured as described in paragraph 3, the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the -DEFINITIONS: cisim or "suit" and the date received; and "Written contract requiring insurance" means 11. Notify us as soon as practicable, that part of any written contract or agreement The additional Insured must see to It that we under which you are required to include a receive written notice of the claim or "suit" as Person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- c) The additional Insured must immediately curs and the "personal injury Is caused by an send us copies of all legal papers received in offense committed: conneellon with the claim or "suit", cooperate on of the with us in the investigation or settlement of a. contract After fter th the or signing and agreement by you; execution the claim or defense against the "su8", and otherwise comply with all policy conditions, b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fence and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 :Delinda Watts To:CertiFicate issued For City of Rshland (15414885320) 16:45 05/19/14 EST Pg 2-4 SMESOLU-CL DWATTS ,a~coszo CERTIFICATE OF LIABILITY INSURANCE I °"'E`M~°mm1 sns2ola 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 707 525-4150 P.O. Box 3539 ac Na E,n: Arc Na: 70 525-4175 Santa Rosa, CA 95402 E L ADORESS: INSURERIS)AFFORDINGCOVERAGE NAICC INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURERS: Samsung Fire & Marine Insurance 38300 SME Solutions, LLC INSURER C : 3224 Regional Parkway INSURER D: Santa Rosa, CA 95403 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS G 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER MN/0 YEMy Yi FF MMMU % LIMITS MU M GENERAL LIABILITY' EACH OCCURRENCE f 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 66098001446 061142013 0611412014 PREMISES Eeocanence S 100,000 CLAIMS-MADE OCCUR MED EXP(Any one Person) E 5,000 X WA Stop Gap Coverage PERSONAL S ADV INJURY f 1,000,000 GENERAL AGGREGATE S 2,000,0011 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOPAGG S 2,000,00 POLICY X PRO- LOC S AUTOMOBILE LIABILITY COMBIN INGL LIMIT Eaecddent $ 1,000,000 B X ANY AUTO CA 0000746-00 031152014 03/152015 BODILY INJURY (Per lleonn) E ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Par acOdenf) E X HIRED AUTOS X NON-OWNED AUTOS PER ACCIDE S S L UMBRELLA LIAR OCCUR EACH OCCURRENCE - $ EXCESS LAB CLNMS-MADE AGGREGATE S LIED RETENTION S - S WORKERS COMPENSATION STAN- OTH- ANDEMPLOYERS'LIABILITY YIN TWC ORY IMITS IT ANY PROPRIETOR/PARTNERD(ECUINE EL EACH ACCIDENT S OFFICEWMEMBER EXCLUDED? N / A (Mandate, In NH) EL. DISEASE-EA EMPLOYE $ Nye:SCRIPTION OF d10=19 gder DE OPERATIONS DeIaw EL. DISEASE - POLICY LIMB S DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ARa ACORD1D1,AddIdami Remake Sehedule,NOwnapacebmquhed) RE: Labor and Materials - City's Petro Vend Card reader system City of Ashland is named as Additional Insured With respects to General Liability per farm CG D246 08 05, 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 90 N. Mountain Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTRORRQ/yIED REPRESENTATIVE O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD uDelinda Watts To:CertiFIcate issued for City of Bshland (15414885320) 16:46 05/19/14 EST Pg 3-4 • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) Is amended c) The insurance provided to the additional in- to Include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "'property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the Insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in. the performance curs before the end of the period of time for of "your worle' to which the "written contract which the "written contract requiring Insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is Insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring Insurance", the in- written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance Is primary to "other Insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III - Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- other insurance". But the insurance provided to sured does not apply 'bodily the additional insured by this endorsement still is to y injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal Injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization Is veying services, Including: an additional insured under such "other inuur- I. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 I :UeIinda Watts fo:CertiFicate issued For City of Hshland (15414865320) 16:47 05/19/14 EST Pg 4-4 ' COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the additional insured for a loss we Ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by fit. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" Is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the -DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring Insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided that the "bodily Injury" and "property damage" oc- c) The additional Insured must immediately curs and the "personal Injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the Investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement Is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Page 1 / 1 CITY OF ASHLAND CITY RECO'"+ DATE`-?<"-;. 5_PO'NUMBER 20 E MAIN ST. /9/2014 12189 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 016610 SHIP To: Ashland Building Maintenance SME SOLUTIONS, LLC (541) 488-5358 2302 A STREET 90 N MOUNTAIN AVENUE TACOMA, WA 98402 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept: Req. Del. Date: Contact: Dale Peters Special Inst: Confirming? No Quantity -.Unit :3:. . t:• • `-"Descn Gon , 4;;!Unit Price t.-- £xh'-Price Labor and materials to upgrade K-800 911.34 Petro Vend Card reader system to K-800 Hybrid svstem. Includes materials (fasteners, connectors and cables). Set-up and assist in user traininq and verify proper operation. City to provide new equipment, which is beinq purchased from Northwest Pump & Equipment. Contract for Goods and Services Beginninq date: April 15, 2014 Completion date: June 2, 2014 SUBTOTAL 911.34 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 911.34 ASHLAND, OR 97520 Account Number ProjecfNumber l'.., Amount Account Number ProjecfNumber :Amount ' Ii. E 410.08.24.00.70420 E 000389.999 911.34 Authon Signature VENDORCOPY O'l", '74, . FORM #3 r~l CITY OF Ar6q,,jesc oar a a_~~g r;lc#.: ~ ASHLAND REQUISITION W Date of request: 'APRt4 Required date for delivery: Vendor Name SMF R(11 i IrinNq i i r Address, City, State, Zip 2302 A STRFFT Contact Name & Telephone Number Fax Number TACOMA. WA 97210 253 572 3829 FAX 259 572 0978 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 Counci❑ Written quote or proposal attached ❑ Written quote or proposal attached Small Procurement/ Cooperatve Procurement less than $5.000 '1 Q~ ❑ Reguest for Propo I (Copies on file) ❑ State of Oregon ❑ Direct Award to-111- cp--) Date approved by Counci: Contract# ❑ Verbal/Written quote(s) or proposal(s) Ivo 7 1 ❑ State of Washington Intermediate Procureme t ❑ Sole Source Contract # GOODS & SERVICES l/Q ❑ Applicable Form (#5,i6, 7 or 8) ❑ Other government agency contract $5.000 to $100.000 t c Written quote or proposal attached Agency ❑ (3) Written quotes an so' ❑ Form tk, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75.000 ❑ Agency ❑ Form #9, Request foi Approval ❑ Less than $35,000, by direct appointment El Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost tlQj~©~ ✓tNP VY1rQLtfLtlAt_S I D IfJSTNLL_ „n 'r* S SLR-Wl. ~SSrSc- ~N L~S'~'Z. f'.e r ~t (nxr 4..` r'.j~)?r `',s r7 ~ Tj~l~trvtn~~, 1P'~ /yl ~Srrr~ 911'34 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost u tea/-cr~ V1 L5' a o C ~J .,.TO TAL COST ❑ Per attached quotelproposal{ ° Project Number 000389.999 Account Number 410.08.24.00.704200r r r ` Account Number Account Number `Expenditure must be charged to the appropriate account numbers for the fina Icials 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 requis lion form, ) i that the City's public contracting requiiments have been satisfied. Employee: Department Head: Qua I (Equal to or greater than $5,000) Department Manager/Supervisor: Oily Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YES / NO FiInance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3-Requisition _