Loading...
HomeMy WebLinkAbout2014-217 Contract - S&S Sheetmetal Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: S&S Sheetmetal, Inc. ASHLAND CONTACT: Mike Shipley 20 East Main Street Ashland, Oregon 97520 ADDRESS: 912 Antelope Road White City, OR 97503 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: (541) 826-6661 DATE AGREEMENT PREPARED: Jul 17, 2014 FAX: (541) 826-6601 BEGINNING DATE: Jul 28, 2014 COMPLETION DATE: August 17,2014 COMPENSATION: $4,802.00 GOODS AND SERVICES TO BE PROVIDED: HVAC System installed at No. Mountain Shop. 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 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, count or other sources is not obtained and continued at levels Contract for Goods and Services Less than $25,000, Revised 07/08/2014, 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 Lia k e with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,00 2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall inclu ontractual liability coverage for the indemnity provided under this contract. C. Automobile urance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,00 , , 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 07/08/2014, 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 hall sign the certification attached hereto as Exhibit A and herein incorporated by reference Contractor: City of Ashlan By ( By Std-nature Department Head Print Name Print Name j2ILIE Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. APRR , D AS TO FORM - - I Ash Asst. ,Pity ttorn•y Da Contract for Goods and Services Less than $25,000, Revised 07/08/2014, 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. Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 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 hall sign the certification attached hereto as Exhibit A and herein incorporated by referent r' Contractor, j f City of Ashlan By ' ~L tom' By Signature Department Head Print Name Print Name Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. APRR :D AS 70 FORM /1 /N' Ashlbhd Asst. pity tiornsay Da ' t Contract for Goods and Services Less than $25,000, Revised 07/08/2014, 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. t! f Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 5 07/21/2014 11:17 5418266601 S PAGE 01/01 OPRO • a M, ~G 2 F .A TING o` i AIR-CO ND SHEETWTAL, INC. LDBA, Oregon SSS Sheatmetal, Inc. QUOTATION Quote Number: 5688 Quote Date: Jul 17, 2014 Page: X Our Mission CITY OF ASHLAND We are committed to raise the bar and make our team ATTN: BRUCE the standard others are judged by in commitment of 20 E. MAIN ST. unsurpassed service, craftsmanship, loyalty and ASHLAND, OR 97520 integrity to our customers and team. L 0002 8/16/14 Upon Completion S003 _f WL ffl M, MR, 0,; WIN ASHLAND PARKS RE: MOUNTAIN AVE. SHOP HVAC I Provide and install a Mitsubishi 18 S.E.E.R MXZ2820 with a 9,000 BTU wall unit for break , room and locker room at Mountain Ave. maintenance building. Price includes, welded wall stand for outdoor unit, refrigerant piping, condensate piping, sheet metal covers for exterior piping, 2 wireless remote thermostats, complete installation and start-up. Excludes electrical and permit. 4,802.00 $4,802.00 QUOTED BY: Mike Shipley, Vice President i APPROVED BY. I I ~ *Excludes High Voltage Wiring and Permit _ *Outside Air Provided by Louvered Doors I I i i - "In the event customer fails to pay the invoice amount when due, interest shall accrue on the Subtotal 41802.00 unpaid balance from the due date of the invoice at the rate of 2% per month (240/6 per an nun). If S & S Sheetmetal, Inc. is required to seek collection of the amount due by legal process, Sales Tax customer shall be responsible to pay S & S Sheetmetal, Inc. in addition to the invoice amount the interest;, all attorney fees and cost incurred by S & S Sheet¢reW,2bG U CA Lie. 682160, 043, C20 912 Antelope Road - White City, Oregon 97503 • (541) 826-6661 • Fax (541) 826-6601 n Wilson BBNW (1/8) 07/23/2014 11:05:53 AM -070( -Brown- & Brown a 40 IN ORTHWEST DATE: 07/23/2014 11:05:09 AM -0700 Attention: City of Ashland From: Susan Wilson Organization: Fax Number: 541-494-2758 Fax Number: 541-488-5311 Phone Number: 541-494-2658 Phone Number: Email: swilsonga bbnw.com Num Pages I ncluding Cover:8 COMMENTS: Following is certificate requested for S&S Sheetmetal, Inc. Please contact me if you have any question or concern. Thank you. Brown and Brown Northwest Oregon I Washington Toll Free 800-654-5565 I Fax 503-274-0323 bbnwmail@bbnw.com I www.bbnw.com :usan Wilson BBNW (2/8) 07/23/2014 11:06:27 AM -070( / D/23/2 D0D(Y4 ,4c R CERTIFICATE OF LIABILITY INSURANCE 7/23(MM 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Wilson AAI AIC NAME: Brown & Brown Northwest HONE Ext : Z-1-)772-1111 A!C No : (541) 772-3785 3256 Hillcrest Park Drive E-MAIL ADDRESS: swilson@bbnw.com IN AFFORDING COVERAGE NAIC # Medford OR 97504 INSURERA:Allied Group / Nationwide INSURED INSURER B :SAIF Corporation 52412 S & S Sheetmetal Inc. INSURER C : 912 Antelope Road INSURER D : INSURER E : White City OR 97503 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1442133537 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. ILTR TYPE OF INSURANCE POLICY NUMBER MM DD YYYY MM DDYYYEXP YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY $ 100 , 000 PREMISES Eaoccusrence A CLAIMS-10ADE FOOCCUR CP3006611718 4/24/2014 4/24/2015 MED EXP (Anyone person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE U101T APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PE LOC $ I-I AUTOMOBILE LIABILITY Ea accident v 1,000,000 000 X ANYAUTO BODILY INJURY (Per person) $ A ALL OWNED SCHEDULED [CP3006611718 4/24/2014 4/24/2015 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTO S AUTOS Per accident $ Hired NonOwned Liability $ 1 000 000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS LIAB CLAIMS-10ADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 CP3006611716 4/24/2014 4/24/2015 $ B WORKERS COMPENSATION ' AND EMPLOYERS'LIABILITY Y/N TORYLINIffS ER ANY PROPRIETORiPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) 11929 10/1/2013 10/1/2014 E.L. DISEASE - EA EMPLDYE $ 1,000,000 If yes., describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required) Re: HVAC System Install-No. Mountain Shop effective 7/28f14. General Liability includes Additional Insured Primary/Non-contributory coverage when required by a written contract per attached endorsement CG73231111, including Per Project Aggregate and Waiver of Subrogation. Subject to policy terms, limits, conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Ashland, Oregon ACCORDANCE WITH THE POLICY PROVISIONS. Its elected officials, officers & employees AUTHORIZED REPRESENTATIVE 20 East Main Street Ashland, OR 97520 S Wilson, AAI, AIC/SU ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks ofACORD ;usan Wilson BBNW (3/8) 07/23/2014 11:07:28 AM -070( COMMERCIAL GENERAL LIABILITY CG 73 23 11 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE "Loss" means unintentional damage or SECTION I - COVERAGES, COVERAGE A destruction but does not include disappearance, BODILY INJURY AND PROPERTY DAMAGE theft, or loss of use. LIABILITY, coverage is extended to include the NON-OWNED WATERCRAFT following: SECTION I - COVERAGES, COVERAGE A If a customer's master or grand key, excluding BODILY INJURY AND PROPERTY DAMAGE electronic key card, is lost while in your care, LIABILITY, 2. Exclusions is amended as follows: custody or control we will pay the cost of g. Aircraft, Auto Or Watercraft (2) (a) is replacing the keys, including the master lock and replaced with: all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the (a) Less than 51 feet long; and cost to replace the locks, whichever is less. EXPANDED PROPERTY DAMAGE COV- Limit of Insurance - The most we will pay for ERAGE "loss" arising out of any one "occurrence" is For the purposes of this endorsement only: $5,000. SECTION I - COVERAGES, COVERAGE A SECTION V DEFINITIONS is amended as BODILY INJURY AND PROPERTY DAMAGE follows: LIABILITY, 2. Exclusions is amended as follows: The following definition applies to Lost Key a. Exclusions j.(3), j.(5), and j.(6) are Coverage: deleted in their entirety. "Loss" means unintentional physical damage or b. Exclusion j.(4) is deleted in its entirety destruction to tangible property, including theft or and replaced by the following: disappearance. Tangible property does not Personal property in the care custody or include money or securities. control of the insured: VOLUNTARY PROPERTY DAMAGE 1. for storage or sale at premises you SECTION I - COVERAGES, COVERAGE A own, rent or occupy; or BODILY INJURY AND PROPERTY DAMAGE 2. while being transported by any LIABILITY, coverage is extended to include the aircraft, "auto" or watercraft owned following: or operated by or rented to or loaned At your request, we will pay for "property damage" to to any insured. property of others caused by you and while in your c. The following exclusions are added: possession, arising out of your business operations and occurring during the policy period. 1. The coverage provided by this endorsement does not apply to Limit of Insurance - The most we will pay for "property damage" arising out of the "loss" arising out of any one "occurrence" is disappearance or loss of use of $500. personal property. SECTION V - DEFINITIONS is amended as 2. The coverage provided by this follows: endorsement does not apply to The following definition applies to Voluntary "property damage" included in the Property Damage coverage: "products-completed operations hazard". CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 6 with its permission. ;usan Wilson BBN17 (4/8) 07/23/2014 11:08:23 AM -070( CG 73231111 Limit of Insurance - The most we will pay b. Up to $2,500 for cost of bail bonds for "property damage" provided by this required because of accidents or traffic coverage in any one "occurrence" is $5,000. law violations arising out of the use of Deductible - Our obligation to pay for a any vehicle to which the Bodily Injury covered loss applies only to the amount of Liability Coverage applies. We do not loss in excess of $250. have to furnish these bonds. This insurance is excess over any other valid 2. 1. d. replaced with: and collectible insurance. d. All reasonable expenses incurred by the DAMAGE TO PREMISES RENTED TO YOU insured at our request to assist us in the SECTION I -COVERAGES, COVERAGE A investigation or defense of the claim or BODILY INJURY AND PROPERTY DAMAGE "suit", including actual loss of earnings up to $500 LIABILITY, the last paragraph of 2. Exclusions a day because of time off of is replaced by the following: from work. If Damage to Premises Rented to You is NEWLY FORMED AND ACQUIRED ORGANIZATIONS not otherwise excluded, exclusions c. through n, do not apply to damage by fire, SECTION II - WHO IS AN INSURED is lightning, explosion, smoke or sprinkler amended as follows: leakage to premises while rented to you or 1. 3. a. is replaced with: temporarily occupied by you with permission a. Coverage under this provision is of the owner. A separate limit of insurance afforded only until the 180th day after you applies to this coverage as described in acquire or form the organization or the Section III-Limits of Insurance. end of the policy period, whichever is SECTION III - LIMITS OF INSURANCE, earlier; paragraph 6 is replaced with: ADDITIONAL INSURED - WHEN REQUIRED 6. Subject to 5. above, the Damage To IN AN AGREEMENT OR CONTRACT WITH Premises Rented To You Limit is the most YOU PRIMARY AND NON-CONTRIBUTORY we will pay under Coverage A for damages The following is added to SECTION II - WHO IS because of "property damage" to any one AN INSURED premises, while rented to you, or in the case 4. Any person(s) or organization(s) with whom of damage by fire, lightning, explosion, you have agreed in a valid written contract or smoke or sprinkler leakage, while rented to written agreement that such person or you or temporarily occupied by you with organization be added as an additional permission of the owner. The limit is insured on your policy during the policy increased to $300,000. period shown in the Declarations. Such SECTION IV - COMMERCIAL GENERAL person or organization is an additional LIABILITY CONDITIONS, 4. Other Insurance, insured only with respect to liability for b. Excess Insurance (1) (a) (ii) is replaced "bodily injury", "property damage" or with: "personal and advertising injury". (11) That is Fire, Lightning, Explosion, The person or organization added as an Smoke or Sprinkler leakage insurance insured by this endorsement is an insured for premises rented to you or temporarily only to the extent you are held liable due to: occupied by you with permission of the a. Lessors of Leased Equipment owner. Maintenance, operation or use of SUPPLEMENTARY PAYMENTS equipment leased to you by such person SECTION I - COVERAGES, SUPPLEMEN- or organization. This insurance does not TARY PAYMENTS - COVERAGES A AND B is apply to any "occurrence" which takes amended as follows: place after the equipment lease expires. 1. 1. b. replaced with: However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 11 11 with its permission. Susan Wilson BBNW (5/8) 07/23/2014 11:09:21 AM -070( CG 73 23 11 11 b. Managers or Lessors of Premises The insurance does not apply to: The ownership, maintenance or use of (1) "bodily injury", "property damage", or that part of the premises you own, rent, "personal and advertising injury" arising lease or occupy. out of the rendering of or the failure to This insurance does not apply to: render any professional architectural, (1) Any "occurrence" which takes place engineering or survey services, after you cease to be a tenant in that including: premises. (a). The preparing, approving, or failing (2) Structural alterations, new con- to prepare or approve maps, shop struction or demolition operations drawings, opinions, reports, survey, performed by or on behalf of the field orders, change orders or person or organization. drawings and specifications: or However, their status as additional (b) Supervisory, inspection, architec- insured under this policy ends when you tural or engineering activities. cease to be a tenant of such premises. (2) "Bodily injury" or "property damage" c. State or Political Subdivision - occurring after: Permits (a) All work, including materials, parts or equipment Operations performed by you or on our furnished in y y your connection with such work, on the behalf for which the state or political project (other than service, subdivision has issued a permit. maintenance or repairs) to be This insurance does not apply to: performed by or on behalf of the (1) "Bodily injury" or "property damage" additional insured(s) at the location or "personal or advertising injury" of the covered operations has been arising out of operations performed completed; or for the state or municipality; or (b) That portion of "your work" out of which the injury or damage arises (2) "Bodily injury" or "property damage" has been put to its intended use by included within the "products- any person or organization other completed operations hazard". than another contractor or However, such state or political subcontractor engaged in subdivision's status as additional insured performing operations for a principal under this policy ends when the permit as a part of the same project, ends. However, a person or organization's d. Owners, Lessees, or Contractors status as additional insured under this "Bodily injury", "property damage" cr policy ends when your operations for "personal and advertising injury" caused, in that additional insured are completed. whole or in part, by: With respect to paragraph 4 of SECTION II (1) Your acts or omissions; or WHO IS AN INSURED, Condition 4. Other Insurance of Section IV - Commercial (2) The acts or omissions of those acting on General Liability Conditions is replaced by the your behalf; following: in the performance of your ongoing 4. Other Insurance operations performed for that additional If other valid and collectible insurance is insured, whether the work is performed by available to the insured for a loss we cover you or on your behalf. under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary if you have agreed in a written contract or written agreement: CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 6 with its permission. ;usan Wilson BBNW (6/8) 07/23/2014 11:10:14 AM -070( CG 73231111 (1) That this insurance be primary. If other insurance is also primary, we (2) When this insurance is excess, we will share with all that other will have no duty under Coverages A insurance as described in c. below; or B to defend the additional insured or against any "suit" if any other insurer (2) The coverage afforded by this has a duty to defend the additional insurance is primary and non- insured against that "suit". If no contributory with the additional other insurer defends, we will insured's own insurance. undertake to do so, but we will be Paragraphs (1) and (2) do not apply entitled to the additional insured's to other insurance to which the rights against all those other insurers. additional insured has been added as an additional insured or to other (3) When this insurance is excess over insurance described in paragraph b. other insurance, we will pay only our below. share of the amount of the loss, if b. Excess Insurance any, that exceeds the sum of: This insurance is excess over: (a) The total amount that all such other insurance would pay for (1) Any of the other insurance, whether the loss in the absence of this primary, excess, contingent or on insurance; and any other basis: (b) The total of all deductible and (a) That is Fire, Extended self-insured amounts under all Coverage, Builder's Risk, that other insurance. Installation Risk or similar (4) We will share the remaining loss, if coverage for "your work"; any, with any other insurance that is (b) That is fire, lightning, or not described in this Excess explosion insurance for Insurance provision and was not premises rented to you or bought specifically to apply in temporarily occupied by you with excess of the Limits of Insurance permission of the owner; shown in the Declarations of this (c) That is insurance purchased by Coverage Part. you to cover your liability as a c. Method Of Sharing tenant for "property damage" to If all of the other insurance available to premises rented to you or temporarily occupied by you with the additional insured permits permission of the owner; or contribution by equal shares, we will follow this method also. Under this (d) If the loss arises out of the approach each insurer contributes equal maintenance or use of aircraft, amounts until it has paid its applicable "autos" or watercraft to the limit of insurance or none of the loss extent not subject to Exclusion remains, whichever comes first. g. of Section I - Coverage A - If any of the other insurance available to Bodily Injury And Property the additional insured does not permit Damage Liability. contribution by equal shares, we will (e) That is any other insurance contribute by limits. Under this method, available to an additional each insurer's share is based on the insured under this endorsement ratio of its applicable limit of insurance to covering liability arising out of the total applicable limits of insurance of the premises or operations, or all insurers. products completed operations, for which the additional insured has been added as an additional insured by that other insurance. Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 7323 11 11 with its permission. ;usan Nilson BBNW (7/8) 07/23/2014 11:11:06 AM -070( CG 73 23 11 11 EMPLOYEE BODILY INJURY TO ANOTHER MEDICAL PAYMENTS EMPLOYEE SECTION III - LIMITS OF INSURANCE, SECTION II - WHO IS AN INSURED The Paragraph 7. is replaced: following Paragraph is added to 2.a.(1) 7. Subject to 5. above, the higher of: Paragraphs 2.a.(1)(a), (b) and (c) do not a. $10,000; or apply to "bodily injury" to a co-"employee" in the course of the co-"employee's" b. The amount shown in the Declarations employment by you, or to "bodily injury" to a for Medical Expense Limit is the most co-"volunteer worker" while performing we will pay under Coverage C for all duties related to the conduct of your medical expenses because of "bodily business. injury" sustained by one person. BROAD FORM NAMED INSURED This coverage does not apply if Coverage C - SECTION II - WHO IS AN INSURED The Medical Payments is excluded either by the following Paragraph is added to 2. provisions of any coverage forms attached to the policy or by endorsement. e. Any business entity incorporated or KNOWLEDGE OF AN OCCURRENCE organized under the laws of the United State SECTION IV - COMMERCIAL GENERAL of America (including any State thereof), its territories or possessions or Canada LIABILITY CONDITIONS, The following is added (including any Province thereof) in which the to 2. Duties In The Event Of Occurrence, Named Insured shown in the Declarations Offense, Claim Or Suit condition: owns, during the policy period, an interest of e. Knowledge of an occurrence, offense, claim more than fifty percent. If other valid or suit by an agent or employee of any collectible insurance is available to any insured shall not in itself constitute business entity covered by this solely by knowledge of the insured unless you, a reason of ownership by the Named Insured partner, if you are a partnership; or an shown in the Declarations in excess of fifty executive officer or insurance manager, if percent, this insurance is excess over the you are a corporation receives such notice of other insurance, whether primary, excess, an occurrence, offense, claim or suit from contingent, or on any other basis. the agent or employee. AGGREGATE LIMIT PER LOCATION f. The requirements in Section IV - SECTION III - LIMITS OF INSURANCE The Conditions Paragraph 2.b. will not be following paragraph is added to paragraph 2: considered breached unless there is The General Aggregate Limit under Section knowledge of occurrence as outlined in III Limits of Insurance applies separately to paragraph e. above. each of your locations owned by or rented to UNINTENTIONAL FAILURE TO DISCLOSE you or temporarily occupied by you with the HAZARD permission of the owner. For the purposes of SECTION IV - COMMERCIAL GENERAL this provision, location means premises LIABILITY CONDITIONS, 6. Representations is involving the same or connecting lots, or amended to include: premises whose connection is interrupted d. Your failure to disclose all hazards or prior only by a public street, roadway, waterway or "occurrences" or offenses existing as of the railroad right-of-way. inception date of the policy shall not AGGREGATE LIMIT PER PROJECT prejudice the coverage afforded by this SECTION III - LIMITS OF INSURANCE The policy provided such failure to disclose all following paragraph is added to paragraph 2: hazards or prior "occurrences" or offenses is The General Aggregate Limit under Section not intentional. This provision does not III Limits of Insurance applies separately to affect our right to collect additional premium each of your construction projects away from or exercise our right of cancellation or non- premises owned by or rented to you, renewal. CG 73 23 11 11 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 6 with its permission. ;usan Wilson BBNW (8/8) 07/23/2014 11:12:05 AM -070( CG 73231111 WAIVER OF SUBROGATION BROADENED BODILY INJURY DEFINITION SECTION IV - COMMERCIAL GENERAL (MENTAL ANGUISH) LIABILITY CONDITIONS, 8. Transfer of Rights SECTION V - DEFINITIONS is amended as of Recovery Against Others to Us is amended follows: to include: 1. 3. "Bodily injury" is deleted and replaced with If required by a written contract executed the following: prior to loss, we waive any right of "Bodily injury" means physical injury, subrogation we may have against the sickness or disease to a person and, if contracting person or organization because arising out of the foregoing, mental anguish, of payments we make for injury or damage mental injury, shock or humiliation, including arising out of your ongoing operations or death at any time resulting therefrom. "your work" done under a contract with that person or organization and included in the "products-completed operations hazards". LIBERALIZATION SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. Liberalization is added as follows: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. All terms and conditions of this policy apply unless modified by this endorsement. Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., CG 73 23 11 11 with its permission. p a.i M r ASHLAND PARK COMMISSION 20 E MAIN ST. DATE PO NUMBER ASHLAND, OR 97520 8/12/2014 00381 (541) 488-5300 VENDOR: 004339 SHIP TO: S & S SHEETMETAL, INC 912 ANTELOPE ROAD WHITE CITY, OR 97503 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? NO -7- Quantity Unit Description Unit Price Ext. Price Provide and install HVAC system. at 4,802.00 North Mountain Shop Contract for Goods and Services Beqinninq date: JUIV 28, 2014 Completion date: Auqust 17, 2014 SUBTOTAL 4,802.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 4,802.00 Account Number Project Number Amount Account Number Project Number Amount E 211.12.02.06.60211 4,802.00 Authorize ignature VENDOR COPY LFORM #3 CITY OF ,U~-v ar, a hase Ord ASHLAND REQUISITION Date of request: 7) 5'/ 9 Required date for delivery: Vendor Name S S Address, City, State, Zip 1 1 q Contact Name & Telephone Number "i x-e t S ql 6 Fax Number S I-- o SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or ro osal 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 # Verbal/Wrift n quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100.000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to $75.000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Onvi'V- /Yt (4-5u/ i /6 G E-/2 A1YC02T5z0 e ufvl 7e- aP-T-H M0 U--t 1771 eJ Sg Ho s qe Item # Quantity Unit Description of MATERIALS Unit Price Total: Cost ❑ Per attached quotelproposal `s . COST Project Number---------- Account Number Account NumberZ)( - 12-- C~-7 a6.~02_)/O Account Number__ *Expenditure must be charged to the appropriate account numbers for the financials to ~~i I a IT Director in collaboration with department to approve all hardware and AU G 112014 -Yes /No By signing this requisition form, I ccertify that the City's public contracting requirements) Employee'/ Deparb B - - Department Manager/Supervisor: City Ad ~r (Equal to or greater than $25,000) Funds appropriated for current fiscal year* YES / NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition