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HomeMy WebLinkAbout2014-267 Contract - Quality Fence Company Contract for GOODS AND SERVICES Less than $25,000 ` CITY OF CONTRACTOR: Quality Fence Company ASHLAND CONTACT: Fence repair 20 East Main Street Ashland, Oregon 97520 ADDRESS: 114 W. Pine Street Central Point, OR 97502 Telephone: 541/488-6002 Fax: 5411488-5311 TELEPHONE: (541) 664-2281 DATE AGREEMENT PREPARED: September 30, 2014 FAX: (541) 664-2949 BEGINNING DATE: October 3, 2014 COMPLETION DATE: October 15, 2014 COMPENSATION: $ 3,685.00 GOODS AND SERVICES TO BE PROVIDED: See Exhibit C Install chain link fence at Lithia Park (27) Install 100' ACQ 2- rail fence. Install 17' 7" high x 94' vertical vinyl fence inserts. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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, 2798.230, 2798.235, 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 b certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 07/08/2014, 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 07/08/2014, Page 2 of 5 $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. 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 Ashla By By Signature Departm n H gad 6e& lreci' M; A Aer A. toc~. Print Name Print Name I 1/3/jq 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 07/08/2014, Page 3 of 5 EXHIBIT A r , 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- (4) Labor or services are performed only pursuant to written contracts. AV- (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. A~~ / ~~/Y Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the ~r Consumer Price Index) • portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. ➢ For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. If their employer is the City of 1040 hours in any twelve- twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the ➢ In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 5 l Ck u ~k K' f 1' ACC e(` +C'Zt" c. Q11111ijacy says.-- PROPOSAL QUALITY FENCE COMPANY CCB # 8936 Find us also at: 497 SW Union Avenue 114 W. Pine Street (541) 664-2281 Grants Pass, OR 97527 ...N0106 TOO LARGE PO BOx 3985 1-800-451-8883 2077 NE Diamond Lake Blvd. .--NO JOB TOO SMALL Central Point, OR 97502 Fax: (541) 664-2949 Roseburg, OR 97470 PROPOSAL SUBMITTED TO PHONE DATE City of Ashland Parks & Recreation 541-488-5340 August 2, 2014 J E 340 S. Pioneer Street Lithia Park CITY. STATE AND ZIP CODE J LOCATION Ashland, OR 97520 ATTE-N-T-15-N EMAJL CELL Dan Merrill merrilld ashland.or.us 541-951-0061 We hereby submit specifications and estimate for: Lithia Park Chain Link Extend 4 - posts. Install 27' of 8' high green chain link fabric, 27' of 8' high green vertical vinyl inserts, 20' of 1a/" top rail and fill one 6' wide x 5' high green chain link hole. Total: $1,195.00 Lithia Park Wood Remove and haul away 100' of existing wood fencing. Install 100' of Thigh 2-rail ACQ wood fencing. Total: $1,495.00 Homes Avenue Install 17' of 7' high and 94' of 5' high brown vertical vinyl inserts into existing chain link fencing. Total: $995.00 We Propose hereby to fitmish materials and labor--complete in accordance with above specifications, for the sum of Payment to be made as o ows All material is guaranteed to be as specified. AD work to be completed in a workmanlike manner according to Authorized standard practices. Any alteration or deviation from above specifications involving extra costs will be executed orgy Signature upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to tarty fire, lomado and other necessary insurance. Our workers are fully covered by Workmen's Compensation insurance. This proposal is also subject to all terms and Brad Rietmann ch conditions contained on the reverse side hereof. Note: This proposal may be withdrawn by its if not accepted within 14 days Acceptance of Proposal--All prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as Signature specified. Payment will be made as outlined above. I have read the entire contract and agree to its content. Note: Quality Fence Co, not responsible for any damage to anything in or Signature below the ground or concrete. This includes private water line, electrical line, sprinkler systems, etc. Your signature indicates that you fully understand the limits of Quality Fence Co. responsibility. Date of acceptance: OTHER TERMS AND CONDITIONS OF PROPOSAL: INTEREST: Interest shall accrue upon all monies due to Quality Fence Company at the rate of 18 percent per annum from the due date of such monies until paid. ATTORNEY'S FEES: In case any suit, action or proceeding is brought to enforce any of the terms or provisions of this proposal or any of the parties' rights hereunder, the losing party in such suit, action, proceeding or any appeal there from agrees to pay such sum as the court may adjudge reasonable as attorney's fees, in addition to costs and disbursements. The reasonable costs of title reports required for any legal action contemplated shall be paid by the customer. In addition, if this matter is referred to an attorney for collection, customer agrees to pay Quality Fence Company's reasonable attorney's fees' incurred in any such proceeding prior to litigation being filed. 6E) ~U ___"N 9QUALFE OP ID: KD ATE(MM/014 '4`~„_ °RO~ CERTIFICATE OF LIABILITY INSURANCE D09/16/22014Y) 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 endorsements . CONTACT PRODUCER Phone: 541-779-4232 N AME: Hart Insurance Fax: 541-772-3963 PHONE Fax 1123 Royal Ave. A/c No Ext : ,vc No : Medford, OR 97504 E-MAIL Hart Insurance / Medford ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : SAIF Corp 36196 INSURED Quality Fence Co. INSURER B : dba: Reliable Electric P.O. Box 3985 INSURER C Central Point, OR 97502-3985 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UB POLICY EFF POLICY EXP LIMITS LTR WVD POLICY NUMBER (MM/DDNYYY) MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ _RADA COMMERCIAL GENERAL LIABILITY E RENTED PREMISES Ea occurrence $ CLAIMS-MADE F-IOCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 738638 10/01/2014 10/0112015 E.L. EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,00 If yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION CITYOFA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Parks Dept ACCORDANCE WITH THE POLICY PROVISIONS. 340 S Pioneer St Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Hart Insurance / Medford ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD QUALFEN-01 ATHOMPSON ~ ROM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/30/2014 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 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 NAME: 472-2121 n~ Nd : (503) 434-5872 McMinnville Office PHONE ENsu E-MAIL Pa neWest Insurance, Inc. A/C No EP. . BOX 269 ADDRESSMcMinnville, OR 97128 RER(S) AFFORDING COVERAGE NAIC # INSURER A : Hallmark Insurance Group 43494 INSURED INSURER B Quality Fence Co Reliable Electric Western Vinyl Products INSURER C : Steve Rietmann INSURER D : PO Box 3985 INSURER E : Central Point, OR 97502 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AD UBR POLICY EFF POLICY EXP LIMITS OLI LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR X X 44CL466835 11/1912013 11/1912014 PRDAIMIE TO Ea occurrence $ 100,00 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- 7 POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY Ee aBc"eDtSINGLE LIMIT $ 1,000,000 A X ANY AUTO X 44CL466835 11/19/2013 11/19/2014 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS $ NON-OWNED PROPERTY DAMAGE HIREDAUTOS AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,00 A EXCESS LIAB CLAIMS-MADE 44 U466836 11/1912013 11119/2014 AGGREGATE $ DIED X RETENTION$ 10,000 3,000,000 $ WORKERS COMPENSATION STATUTE EORH AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatoryin NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Commercial Property 4CL466835 11/19/2013 11/1912014 leased eq 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Ashland Parks and Rec is additional insured as respects liability arising out of the activities by and on behalf of the named insured per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland Parks & Rec ACCORDANCE WITH THE POLICY PROVISIONS. /AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD I POLICY NUMBER: COMMERCIAL GENERAL- -LIABILITY GC 10:25'07 09 ( THIS ENDDRSEMEN'r:CHANGES THE. PDLIC Y.: PLEASE READ, [T-CAREFULLY. ' : DR GON BL,•~: fFC T DDfTIaI AL'1NSU ED , r,ti•,..;:..: : ERATIONS This endbrsa 'ant modifies Insurance provided under the following;. COMMERCIAL GENERAL LIABILITY.COVERAGE PART', , A. Section 11--Who lsAn`Insur'ed-is'amendedtoInclude-as,an•addition.al Insured. any. person or,organization for whom you are:performing•loperations.when you and•such-persQn. or.organlzation•have•agreed•In writing In a contractor agreement•thaf Such'person or. organization •be-added•as an additional Insured•for:completed operatlons.- such person-or organl2atlori Is an-additional Insured only to. the extentthat.the liability for'.'bodily Injury" or "property damage" is caused, In whole or In•part, by "your work" performed for that additional•In- • sured and included inthe"produots-completed operations•hazard.". B. With respect to the lnsuranoe afforded-to these. additional Insureds, the following ilmltatlons apply: 1. 'This additional insuredstatus'is granted only at the locations listed In the writken contract; 2, coverage Is-limited to "your work" that is described in the classifications or schedule of hazards shown -in • the General Liability Declarations of this policy. C, With respect to the insurance afforded to these additional insureds; the following exclusion applies:. This Insurance does not apply to: "Bodily Injury" or "property damage" which occurs prior to the execution of the written contract or the -effec- tive date of this endorsement. I t . 1 • l . i I , GC 10 25 07 09 Includes copyrighted material of - Pagel 0f J -.0 Insurance Services Office, Inc., with Its permission AR71SANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: l BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS -'3R1rClAL FORM ' COMMERCIAL PROPERTY CONDITIONS COMMERCIAL GENERAL LIABILITY COVERAGE FORM When ihis.endorsement Is attaoheid to•tha.policy, insurance under the Building and Personal Property:Cdverage Form,.the. Causes of Loss - Special Farm, the Commercial Property Conditions and the Commercial General•Llabllity Coverage Form is. enhanced to provide the coverages described In this endorsement. All other conditions of the policy.continue to apply., This coverage is subject to the provisions applicabie,to the Building and Personal Property Coverage. Form, Causes.of Loss-. . Special Form, the Commercial Property Conditions and the General Liability Coverage Form.:. SCHEDULE Coverage Enhancements Limits of Insurance Each Location Property Coverage Extensions Newly Acquired or Constructed Property Bulidings $250,000, at Each Building..: Business Personal Property' $100,000. at Each Building " Personal Effects' and Property of Others $ 10,000. at Replacement Cost Valuable Papers and Records (Olherthah Electronic Data) $ 25.000. Property. Off-Premises (Inc) uding Laptops and Other Electronic Equipment) $ 14,004. Outdoor Property (Named Perils) $ 1,000, per tree/shrub, may. limit $.15,000. Nan-Owned Detached Trallers $ 14,004. Accounts Receivable $ 25,000. Property in Transit (including Laptops and Other Electronic Equipment) $ 10,000• Property Additional Coverages Electronic Data $ 75,000. Arson Reward $ 51000, I Water Back-Up and Sump Overflow $ 25,000. i Business Income Including Extra Expense $ 25,000, i Inventory or Appraisal Cost $ 51000. Money and Securities Inside $ 10,000. Outside $ 51000. Ordinance or Law Coverage Coverage A Included within Building Limit. 1 Coverages B and C Combined 25% cf Bldg, Limit, $150,000. maximum i Outdoor Signs $ 5,000, Recharging of Fire Extinguishers $ 5,000. I Inland Marine Coverages . Installation Coverage $ 10,00D. Gontraotors Equipment Coverages; Small Tools $ 2,500. (Maximum limit per item $500) . Employee Small Tools $ 1,000. (Maximum limit per Item $250) . Leased and Rented Equipment $ 5,000, 1 Rental Reimbursement $ 1,000. General Liability Additional Coverages I Blanket Additional Insured (Including Primary Non-Contributing Coverage) Included in Each Occurrenee.,Limit , Mobile Equipment Broadened Coverage Included in Each Occurrence Limit. ' I Aggregate Limit Per Project Included in Each Occurrence Limit; Blanket Waiver includecf in Each Ocourrence Limit MP 97 67 04 08 Inoludes copyrighted material of 180 Properties, Inc, and Page 1 of 18 American Association of Insurance Services, Inc., used with their permission i ' I I c. The following is added to A.2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: r. Property while stored or operated underground In connection with any mining operations, d. The following is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS - SPECIAL FORM: n. We will not payfor loss at-damage caused by puncture, blowout and road damage to tires and tubes mounted on vehicles. However, we do pqy for puncture, blowout or road damage caused by a specified peril. o. We will not pay for loss caused by humidity, dampness, dryness or changes In or extremes of temperature, p. We will not pay for loss caused by the weight of a load which, under the operating conditions at the time of a loss, . exceeds the registered lifting capacity. of any equipment or machine. q.. W.e.will not pay for loss due-to -theft or mysterious disappearance from any vehicle or attached.gontainer. We. will pay for, loss due to burglary when there are signs of forcible entry to a looked vehicle or container. -e. E,7. Valuation of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced•bythe . following: 7. Valuation We will determine the value of covered property in the event of loss or damage as follows: a. At actual cash value at the time of the loss (with a deduction for depreciation) except as provided in • paragraphs b. and c. following. b. Pair or Set. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set, The loss Is not considered a total loss of the pair pr set,' c: Loss to Parts.- The value of a lost or damaged part of an Item that consists of several parts when It Is complete is based an the value of only the lost or damaged part or the cost to repair or replace it. 2. Rental Reimbursement In the event of loss by a covered peril to covered contractors' equipment that you own, we will reimburse.you.for your expense to rent similar equipment while your equipment Is inoperable. The most we will reimburse you f6r-rental reimbursement expenses is $1,000,' We will continue to reimburse you forthe rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date, We will not reimburse you: a. If you can continue or resume your operations with similar equipment that Is available to you at no additional expense to you; or b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the inoperable equipment after the covered loss occurs, 3. With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not payfor loss or damage in any one occurrence until the amount of loss or damage exceeds $50o. We will then pay the amount of loss or, damage in excess of $500 up to the applicable limit of insurance, j We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property . was rsndered Inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you I actually incur. The deductible of $500 does not apply to rental reimbursement expenses, General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A, Blanket Additional Insured Coverage 1. SECTION 11- WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization (referred to as Additional Insured) whom you are required to add as an Additional Insured on this policy under: a. A written contract or agreement; and b. • Where a certificate of Insurance showing that person or organization as an additional Insured has been issued; and I ' I Page 14 of 18 Inoludes oopyrighted material of ISO Properties, Inc, and MP 97 67 04 08 l American Aseoolallon of Insurance Services, Inc., used with their permission I D. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition (SECTION 1V - COMMERCIAL GENERAL LIABILITY CONDITIONS)-16 amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or agreement have waived yourown right or recovery for loss caused by.that person or organization because of payments we . make for Injury or damage arising out of your ongoing operations or. "your work" done under a contract with that person 'or. organization and Included In the "products-completed operations hazard." Additional Conditions A. Insurance Under.Two or Mors Coverages The following Is added to paragraph C. Insurance under Two or'More Coverages of the COMMERCIAL PROPERTY CONDITIONS: If a Coverage Form-is attached to this policy that provides a limirfor any coverage provided by.this endorsement; the limit • • shown in the SCHEDULE and the coverage provided by-this endorsement are deleted and replaced by the'limif and coverage provided by the Coverage Form. B. Limits of Insurance Regardless of the number of buildings at a location eove'red'by this endorsement, the most we will pay underthle Coverage Enhancement endorsement in anyone ocourrence Is the applicable Limits of Insurance shown in the, SCHEDULE on page 1 of this endorsement. C. Deductibles The Deductible described in section D. of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM applies to each of the Coverage Enhancements except as shown below: We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds $500. ftwili then paythe amount of foss ordamage in excess of $500 up to the applicable Limit of insurance forthe following enhancements-, 1. Personal Effects and Property of Others 2. Valuable Papers and Records (Otherthan Electronic Data) 3. Accounts Receivable 4. Property Off-Premises (Includ(ng Laptops and Other Electronic Equipment) 5. Outdoor Property (Named Perils) 6. Money and Securities 7. Water Back-Up and Sump Overflow 8. Electronic Data 9. Property in transit (Including Laptops and Other Electronic Equipment) No deductible provisions apply to the following enhancements.-.,. I 1. Arson Reward 2. Recharging of Fire Extinguishers i 3. Inventory or Appraisal Cost 4. Rental Reimbursement D. Additional Definitions The following Additional Definitions apply to this endorsement only: 1., "Banking Premises" means the Interior of that portion of any'buiiding. obcupied by a banking Institution or slmllar.safe depository. 2. "Business Income" means the: a. Net. income (Net Profit or:Loss before Income taxes) that.would have been earned had no loss occurred;, and b. Continuing normal operating expenses incurred; including payroll. For manufacturing risks, Net Income includes the net sales value of production. Page 16 of 18 Includes copyrighted maisdal of ISO Properties, Inc. and MP 97 67 04 08 American Association of Insurance Services, Ina., used with their permission c. When the written contract of agreement and certificate of Insurance are currently in effect or becoming In effect during the term of the policy and executed prior to the "bodily injury," "property damage," or "personal and advertising injury." 2. The Insurance provided to the Additional Insured Is limited as follows: a. The Additional insured is only an additional insured for: (1) "Bodily injury," "property damage," or "personal and advertising Injury" caused in whole or in part by negligent Acts or omisslons of the Named Insured or anyone directly or Indirectly employed by the Named Insured or for whose acts a Named Insured may be liable, (2) Liability arising out of your ongoing operations for the Additional Insured by or for you. A. person's or organization's status as an Insured under this coverage ends when your operations for that insured are completed: h. The Limit's of Insurance applicable fo the Additionaf Insured are those specified in the writt en contract or agreement but not more than the Limits of Insurance'.speclfied-in the, Declarations for this policy, The Limits of. Insurance applicable to the Additional insured are inclusive of and not In addition to the Limits of Insurance shown In the Declarations for the Named Insured, i . S. In addition to the other exclusions applicable to Section.[,. Coverages A., B. and C. of the COMMERCIAL GENERAL LIABILITY COVERAGES FORM, the insurance provided to the Additional Insured does not apply to.- a, "Property damage" to: (1) Property owned, used, occupied by, loaned or rented to the Additional Insured; (2) Property in the care, custody or control of the Additional Insured or over which the Addibonal•Insured are for any . purpose exercising physical control; or (3) "Your work" performed for the Additional Insured, b. "Bodily injury," "property damage," or "personal and advertising injury" arising out of an•aroh)tect's, engineer's or surveyor's rendering or failure to render any professional services foryou, for the Additional Insured or fonothers, including, but not limited to: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services, c. "Bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any i i person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. i 4. SECTION IV-COMMERCIAL GENERAL LIABILITY.CONDITIONS,paragraph 4.Other lnsuranceJsamended toadd the following subparagraph: d. Additional Insured's Other Insurance As Excess Insurance To the extent required by an "Insured contract," this Insurance is primary on behalf of the Additional Insured; and any other Insurance maintained by the Additional Insured is excess and not contributory with this insurance, If the.. "Insured contract" does not require this provision, then paragraph a, above will apply, B. Mobile Equipment Broadened Coverage V.121(1) of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is replaced by the following: ~ (1) Equipment designed primarily for: • (a) Snow Removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning, Except the above provisions'do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not Intended for use on a highway. 'C. Aggregate Limit Per Project The General Aggregate.LImIt under SECTION'111- LIMITS OF.iNSURA14 CE of the COMMERCIAL GENERAL LIABILITY. COVERAGE FORM applies separately to each of your projects away from promises owned by or rented to.you.. MP 97 67 04 08 Includes copyrighted material of 150 Properties, Inc, and Page ib of 18• American Association of Insurance services, Inc., used with Ihelr permisslon . I I Page 1 / 1 ASHLAND PARK COMMISSION 20 E MAIN ST. DATE> PO NUMBER ASHLAND, OR 97520 10/8/2014 IF 00402 (541) 488-5300 VENDOR: 000661 SHIP TO: QUALITY FENCE COMPANY PO BOX 3985 CENTRAL POINT, OR 97502 FOB Point: 4 'Ux' Req. No.: Terms: net Dept.: Req. Del. Date: contact: Bruce Dickents Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext Price Fencinq proiect at Lithia Park per 3,685.00 attached contract Contract for Good and Services Beqinninq date: 10/03/2014 Completion date: 10/15/2014 SUBTOTAL 3,685.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 3,685.00 Account Number Project Number Amount - Account Number Project Number' Amount E 211.12.02.06.60235 3,685.00 / VENDOR COPY Authorizdii Signature FORM #3 ~ 4~- ~ ~ ITY •F -ASH LAN D REQUISITION Date of request: 8~~ (P Required date for delivery: Vendor Name ~~C~~ l/I Address, City, State, Zip ~j7~CQ~ CL-I He-ALA 1/1) l , E q7~D~ Contact Name & Telephone Number i efA~1IUA~ 5y IrC~ Fax Number 5ql 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 proposal attached ❑ Small Procurement Cooperative Procurement Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon M Direct Award Date approved by Council: Contract # ❑ VerballWritten 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 l/115 l (C~/lam Lti1~1~ r=ENl -1-" Lr 7/ z7 un sa-~-i l loo' CQ Z r lt &t,10C)p FZ~uC-E-', /7 T t-r&Z+ Cq'/ Vz~r7~C LJCinCel i~c $ Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quote/proposal $ Project Number Account Number___-__-__- Account Number21 ( - IZ_ DZ ~jpZjj Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes / No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. Employee:__I")~ 11tZAAIU Department Head: (Equal to or greater than $5,000) Department ManagerlSupervisorTi/1~.~'~ City Administrator: (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