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HomeMy WebLinkAbout2015-106 Contract - Carols Colors Contract for GOODS AND SERVICES CITY OF CONTRACTOR: Carol's Colors Landscaping ASHLAND CONTACT: Greg Williams 20 East Main Street Ashland, Oregon 97520 ADDRESS: 87 W. Nevada Street Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-535-7074 DATE AGREEMENT PREPARED: 4/20/15 FAX: 541-535-5493 BEGINNING DATE: 4/24/15 COMPLETION DATE: 5/29/15 COMPENSATION: $ 12,757 GOODS AND SERVICES TO BE PROVIDED: Installation of 825 square feet of artificial turf (SynLawn) as a border strip in the median adjacent from Omar's Restaurant in Ashland, per pricing in Table 1. Existing trees and shrubs in the center of the median will remain. This is a water conservation pilot project designed to reduce water use from irrigation on City owned properties. Contractor to provide 1 year craftsmanship warranty on installation of SynLawn. Table 1: 825 square feet of S nLawn (Fescue 354)* $4,340 Deliver of S nLawn $300 Excavate soil to a depth of 5 inches below the surface of the curb $650 Install eotextile/road fabric $880 Install base material: 4 inches of 1/4 minus rock and compact leaving approximately 1 inch of space between the compacted rock and the surface of the curb. Approx. 10 yards of 1/4 minus. $950 Install landscape bender board with stakes between existing trees / shrubs and the new S nLawn $1,300 Install S nLawn $1,170 S nLawn fasteners Nails to secure ever 8" to 12" apart - 500 pack box $264 Seam tape to connect the turf sections together - 50 $63 Power broomin $810 Traffic control (per MUTCD standards) $780 Labor $1,250 Right of way closure permit $0 Total Project Cost $12,757 *SynLawn Product warranty is 15 years. Contract for Goods and Services Less than $25,000, Revised 07/0812014, Page 1 of 6 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, 279B.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, 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 b written notice to Contractor of default or breach, may at an time terminate Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 2 of 6 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. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its 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 Count for the State of Oregon. If, however, the claim must be brought in a federal Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 3 of 6 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. Non appropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor/ City of Ashland !f €1 s" ; By f~ ~1..By Signature Department He rint ame Print Name e 1-)--7 / Title Date i 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 4 of 6 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. V r (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. ✓r (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. 1j. Contract r (Date) Contract for Goods and Services Less than $25,000, Revised 07/08/2014, Page 5 of 6 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2014 (Increases annually every June 30 by the 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 50% 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 6 of 6 r~--~ ASHL05W OP ID: TP ACC~RL7 ` DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/29/2015 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 . PRODUCER NCONTACT AME: KC Ferguson United Risk Solutions, Inc. PHONE FAX PO Box 936 ac No E,0:541-494-7752 VC N. I: 541-245-1112 Medford, OR 97501-0067 E-MAIL Cindi L. Jayubo, CIC, CRM ADDRESS: kc.ferguson@unitedrisk.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: SAW Corporation INSURED Ashland Flower Shop INSURER B : and Green Houses, Inc. dba Carol's Colors INSURER C : 87 W Nevada St. INSURER D : Ashland, OR 97520-1027 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 SUB POLICY EFF POLICY EXP LIMITS LTR INSR VIVO POLICY NUMBER MMIDD/YYYY MM/DDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE T RENT D COMMERCIAL GENERAL LIABILITY 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 BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS PER ACCIDENT UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N 764581 09/01/2014 09/0112015 E.L. EACH ACCIDENT $ 500,00 OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ 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) RE: A11 Operations of the named insured CERTIFICATE HOLDER CANCELLATION CITAS03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ASHL05C OP ID: TMR CERTIFICATE OF LIABILITY INSURANCE 041 D22/2 22/2 Y015 5 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: Therese Ra urn United Risk Solutions, Inc. PHONE 1 FAX PO Box 936 A/C No E41.541-494-7751 ~(A/c No): 541-245-1112 Medford, OR 97501-0067 E-MAIL ADOREss: therese.rayburn(cD_unitedrisk.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Depositors Insurance INSURED Ashland Flower Shop & INSURERS: Green Houses, Inc. dba: Carol's Colors INSURER C: 87 W. Nevada St. INSURER D : Ashland, OR 97520-1027 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. POLICY EFF POLICY EXP TYPE OF INSURANCE ADOL SUBR POLICY NUMBER LIMITS MMIDD/YYYY MM/DDIYYYY LTR GENERAL LIABILITY ' EACH OCCURRENCE $ 1,000,00 DAMA TO - 1 - - - PREMISES (Ea occuE ence _ $ 100>~~ CLAIMS-MADE X OCCUR A X COMMERCIAL GENERAL LIABILITY X : ACP753$236230 09/01/2014 09/01/2015 5,000 MED EXP (Any one person) _ III PERSONAL & ADV INJURY $ 1,000,000 - - GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2,000,00 r- - - $ X-1 POLICY PjECT RO- I LOC AUTOMOBILE LIABILITY (Ea accident X ACP753523623U COMBINED SINGLE LIMIT ALL OWNED ! SCHEDULED 109/01/2014 09101/2015 'i BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ . AUTOS AUTOS : - ( ) PROPERTY DAMAGE HIRED AUTOS i NON-OWNED il i` AUTOS CPER ACCIDENTS i, $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ II EXCESS LIAB I, CLAIMS-MADE AGGREGATE $ DED RETENTION$ 1 WORKERS COMPENSATION WC STATU- '.OTH-I, AND EMPLOYERS' LIABILITY YIN L, _,TORY LIMITS ER ANY PROPY IETO PARTNER/EXECUTIVE ❑ E L EACH ACCIDENT $ , OFFICER/MEMBER EXCLUDEDp N/A' - - (Mandatory in NH E L DISEASE - EA EMPLOYEE, $ _ i r If yes, describe under - - - DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability additional insured coverage on a primary & noncontributory basis and auto liability additional insured coverage is included when required by a written contract subject to policy forms, CG7323(11/11) and AC0102(03/10). All coverage is subject to policy terms conditions and exclusions. CERTIFICATE HOLDER CANCELLATION CITAS03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 E. Main St. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 73 2311 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT 1-his 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 It 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 9. 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 (a) Less than 51 feet long; and adjusting locks to accept the new keys, or the 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 2311 11 lncludes copyrighted material of Insurance Services Office, Inc., Page ; of 6 with its permission. ACP MCT0751523823U L6CR 12236 INSURED COPY 75 0028204 CG 73 23 11 11 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 "suit". including actual loss of earnings BODILY INJURY AND PROPERTY DAMAGE 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 11 - 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 1801" day after you applies to this coverage as described in acquire or form the organization or the Section lil-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 11 - 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". (ii) 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, SUPPLEMEW 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 Irkclodes copyrighted material of Insurance Services Office, Inc., CG 73 2311 11 with its permission. ACP MCT07515236230 L.6CR 12236 INSURED COPY 75 0026205 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 drawings, opinions, reports, survey, structian or demolition operations field orders, change orders or performed by or on behalf of the 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" occurring after: c. State or Political Subdivision - 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 y of the covered operations has been or "personal l or advertising injury" arising out of operations performed completed; or for the state or municipality; or (b) That portion of "your work" out of °Bodil which the injury or damage arises (2) y 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 it; 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" or 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 it 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 behaft under Coverages A or S 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 2311 11 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 6 with its permission, ACP MCT075152362M L6CR 12236 INSURED COPY 75 0028M CG 73 23 11 11 (1) That this insurance be primary 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 additional insured has been added insurers. 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 o;ur 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 the additional insured permits temporarily occupied by you with contribution by equal shares; we will permission of the owner; or follow this method also. Under this (d) If the foss 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 wicludes copyrighted material of Insurance Services Office, 1w: CG 7323 11 11 with its permission. ACP MCT07515236230 L6CR 12236 INSURED COPY 75 0028207 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 replaces: 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 b. The amount shown in the Declarations the course of the co-"employee's" employment by you, or to "bodily injury" to a for Medical Expense Limit is the most we will pay under Coverage C for co-"volunteer worker" while performing medical expenses because of "boc duties related to the conduct of your business. injury" sustained by one person. BROAD FORM NAMED INSURED This coverage does not apply if Coverage C - Medical Payments is excluded either by the SECTION 11 WHO IS AN INSURED The provisions of any coverage forms attached to the fallowing Paragraph is added to 2. policy or by endorsement e. Any business entity incorporated or KNOWLEDGE OF AN OCCURRENCE organized under the laws of the Unites; State SECTION IV - COMMERCIAL GENERAL of America (incluaing any State thereof), its territories or possessions or Canada I--!ABILITY 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. It other valio 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, it you are a partnership; or an shown in the Declarations in excess of fifty executive officer, or insurance manager, ; 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 It. 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 i' 111 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 railroad right-of-way `occurrences" or offenses existing as of the . AGGREGATE LIMIT PER PROJECT inception date of the policy shall not prejudice the coverage afforded by this SEC-f [ON 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 n0- premises owner by or rented to you. renewal. CG 73 23 11 11 #r3a_;ludes copyri4ited material of Insurance Services Office, Inc., Page 5 of 6 with its permission. ACP MCT07 51 52 362 30 LJ5CR 12236 INSURED COPY 75 0028208 CG 73 23 11 11 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 2311 11 with its permission. ACP UCT07515236230 LSCR 12236 INSURED COPY 75 0028209 COMMERCIAL AUTO AC 01 02 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an "insured" for Liability EQUIPMENT Coverage, but only to the extent that person 1. Under the COVERED AUTOS SECTION, or organization qualifies as an "insured" un- the following are added to Paragraph C. der the Who Is An Insured Provision con- Certain Trailers, Mobile Equipment and tained in the LIABILITY COVERAGE Temporary Substitute Autos: SECTION of the Coverage Form D. REPLACED EXCLUSIONS 4. "Trailers" designed to be towed by a pri- vate passenger type "auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van if not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes, other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily injury" or "property damage" which is being towed by a covered "auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury" or "property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind, quality or degree SECTION is replaced by the following: than initially expected or intended; or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person, entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered "auto" for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one "auto" The following exclusions are added to the you own for that coverage or it rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously Damage to Named Insured's Property owned that had that coverage; and b. You tell us within 30 days after you Any claim or "suit" for "property damage" by acquire it that you want us to cover you or on your behalf against any other per- a for that coverage. son or entity that is also a Named Insured under this policy. The most we will pay for Physical Damage Abuse or Molestation Coverage for "loss" under this Coverage Ex- tension is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to" for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while in the care, custody or control of agreed to name as an additional insured in a any "insured", or written contract, executed prior to an acci- b. The negligent: dent, other than a contract for the lease or 1) Employment; AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. AC 01 02 03 10 2) Investigation; This insurance does not apply to: 3) Supervision; a. "Loss" to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report; or vate passenger "autos". 5) Retention; b. Loss" to TV antennas, awnings or ca- banas. of a person for whom any "insured" is or ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a. above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily injury" or "property damage" caused COVERAGE by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL sell or transport. DAMAGE SECTION, the following is added: Rolling Stores Mechanical breakdown does not include the ac- If a covered "auto" is a rolling store, "bodily cidental discharge of an airbag. injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or condition of any item Under PHYSICAL DAMAGE COVERAGE the "insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is the injury or damage occurs after the "in- replaced by the following: sured" has given up possession of the item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for "loss" in any "Bodily injury" or "property damage" result- one "accident" is the lesser of: ing from the delivery of any liquid into the a. The actual cash value of the damaged wrong receptacle or to the wrong address, or stolen property as of the time of the or from the delivery of one liquid for another, "loss", or if the "bodily injury" or "property damage" occurs after the delivery has been com- b. The cost of repairing or replacing the occu occur . damaged or stolen property. pleted Delivery is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in they service or maintenance work, or correc- any one "accident" to all electronic equip- tion, repair or replacement is required be- ment that reproduces, receives or transmits cause of wrong delivery. audio, visual or data signals which, at the time of "loss", is: Professional Services a. Permanently installed in or upon the "Bodily injury": covered "auto" in a housing, opening or a. Resulting from the providing or the fail- other location that is not normally used ure to provide any medical or other pro- by the "auto" manufacturer for the instal- fessional services. lation of such equipment. b. Resulting from food or drink furnished b. Removable from a permanently installed with these services. housing unit as described in Paragraph "Bodily injury" or "property damage" result- 2.a. above or is an integral part of that ing from the handling of corpses. equipment; or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total "loss". SECTION: Motor Home Contents Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. AC 01 02 03 10 4. The cost of repairing or replacing may: 4. A member, if you are a limited liability com- a. Be based on an estimate which includes pany. parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION- B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the "auto", such as, but not limited existing at the inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our right to collect addi- immediately before the "loss" and the tional premium or exercise our right of cancella- cost to replace that part with a new part. tion or nonrenewal. 5. If we offer to pay the actual cash value of L. AUTOS HIRED OR RENTED BY the damaged or stolen property, we will val- EMPLOYEES ue auto advertising wraps, paint customiza- If hired or rented "autos" are covered "autos" on tion, and similar business related advertising this policy, the following provisions apply: modifications, in addition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In- wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured" while and physical condition. operating an "auto" hired or rented under a 1. GLASS REPAIR -WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" Under Paragraph D. Deductible of the name, with your permission, while performing PHYSICAL DAMAGE COVERAGE SECTION, duties related to the conduct of your busi- the following is added: ness. No deductible applies to glass damage if the B. Changes In General Conditions glass is repaired rather than replaced. Paragraph 5.b. of the Other Insurance J. AMENDED DUTIES IN EVENT OF ACCIDENT, Condition in the Business Auto Coverage CLAIM, SUIT, OR LOSS Form and Paragraph 5.f.of the Other Insur- ance Condition in the Motor Carrier Cover- The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following: the Event Of Accident, Claim, Suit Or Loss - of For Hired Auto Physical Damage Coverage, the BUSINESS AUTO CONDITIONS SECTION the following are deemed to be covered "au- and the MOTOR CARRIER CONDITIONS tos" you own: SECTION that you must notify us of an "acci- dent", "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent the "accident", "claim", "suit", or "loss" is known or borrow; and to : 2. Any covered "auto" hired or rented by 1. You, if you are an individual your "employee" under a contract in that 2. A partner, if you are a partnership; individual "employee's" name, with your permission, while performing duties re- 3. An executive officer or the employee desig- lated to the conduct of your business. nated by you to give such notice if you are a corporation; or However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". AC 01 02 03 10 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. AC 01 02 03 10 M. EMERGENCY LOCKOUT - PRIVATE 3. Original copies of receipts for services of a PASSENGER VEHICLES locksmith must be provided before reim- We will reimburse you up to $50 for reasonable burse ment is payable. expense incurred for the services of a locksmith N. LIBERALIZATION to gain entry into your covered "auto" of the pri- Paragraph 3, of the General Conditions is re- vate passenger type subject to these provisions: placed by the following: 1. Your door key or key entry pad has been If we adopt any revision that would broaden the lost, stolen or locked in your covered "auto" coverage under this policy without additional and you are unable to enter such "auto" , or premium within 60 days prior to or during the 2. Your key or key entry pad has been lost or policy period, the broadened coverage will im- stolen and you have changed the lock to mediately apply to this policy. prevent an unauthorized entry; and All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 01 02 03 10 with its permission. r y Umar's Median Artificial Turf Installation 1.1e sage (HTGYll_.) 1 les,a(;e Deve cper La;criid,, ~d L. GF IN _ ^ v^ pare V_V_ Find & ) v L sts Y`' --01 I ` ~i _ P.zlateJ - Peply Reply Forward Celete Ilcvet, state Other Elie.: a:cJree Foll[i1 t.1 ark. as to III Frlde~ Rule actl_n,- ;tr,J,r - Up - IJ ad Select I Res.:--rid . runs 'a:l. _ r I aif J~tions Find - YoJfor.varded this message on -/_'01511AAt From; Juhe Smitherman [smithermanj@cashland.or,us', Sent; Thu 3/12/2015 4:31 PEA To; Julie Smithermari Cc: 'Scott Fleury'; 7ami DeMille-Campos' Bce Cisilo, Pete; PT%'Karl Johnson'; 'Mary Ann Hartshorn', 'Penny Fullmer'; 'drconstrucbonandiandscape@hob-naii.com' Subject: Omar's Median Artificial Turf Installation _A Message J~intermediate Procurement Invitation to Bid 3,1.2,15-TRADE SERVICES. Arms P NIB) Contract for Goods and Services Lessthan 525K - Revised 07 08 2014.doc (129 KB) Good Afternoon- ! III 1 apologize forthe delay on getting back to you about the two City artificial turf projects. We have revised our initial plan and have decided , to move forward on just the Omar's Median project at this time. U nfortunately, I did not realize there was an official request for bid process when I asked for your quote a while back. I have attached the correct form for you to use when submitting your bid along with the contract that you would enter into if awarded this project. Please let me know if you have any questions. if I am not available, or you have specific questions about road closures and permitting, you can talk with Scott Fleury, the City's Engineering Manager. He can be reached by email or by calling the Public Works Engineering Department at 541-453-5847. ~I I ' Thank you again for your interest in this project, ii Thank you, j Julie Smitherman Water Couservation Specialist City of Ashland 51 Winbum Way Ashland, OR 97520 Direct: 541-552-2062 Fax 541488-6006 ~ Julie. Smidiermmi at asliland.ox.us Ii ~ I This email transmission is official business ofthe City of Ashland and is subject to Oregon Public Records law for disclosure and retention. if you have L received this message in error, please contact me at (541) 552-2062. ,M, CAROL'S COLORS 4 LANDSCAPING Maintenance and Construction 87 W.Nevada St, Ashland,OR 97520 541-535-7074 www.carolscolors.com FAX 541-535-5493 AshSynlawn 2 03-24-15 Date: March 30, 2015 Name: City of Ashland Project Name: "Omar's Median" Water Conservation Artificial Turf Pilot Project Property Address: 1380 Siskiyou Blvd., Ashland, OR 97520 Billing Address: Contact Information: Julie Smitherman 541.552.2062 / FAX 541.488.6006 Email: Julie. smitherman@ashland.or.us Landscape Development Proposal: ➢ See attachment for the requested itemization of the cost. ➢ The SynLawn will be installed in the more visually appealing manner of several 15' wide strips as opposed to one long strip. ➢ We recommend Bender Steel Edger we find it to be more durable. There is no additional charge for this product. ➢ Clean up thoroughly Total Project Bid: $ 14,506.00* *Bid does not include Irrigation work. Irrigation work is billed Time & Materials at $60.00 per man hour plus materials used ACCEPTANCE You are hereby authorized to furnish all material, equipment and labor required to complete the work described in the above proposal, for which the undersigned agrees to pay the amount stated in said proposal and according to the terms thereof. Any change involving extra cost of labor or materials will be executed upon submission and acceptance of a written change order. In the event this account is referred to collection you agree to pay all costs of collection. The proposal is accepted by the client signing and returning this contract or by accepting any of the work described on the proposal. Accepted by City of Ashland Date Accepted nny Fullmer for Carol's Colors Date 3O' ° 15 Note: This proposal ma fawn by us if not accepted within 60 days. Page 1 of 2 City of Ashland Omar's Median project From Carol's Colors Landscaping March 30, 2015 Attachment to Bid dated March 30, 2015 1 825 Square feet of SynLawn ( Fescue 354) $ 4,339.50 2 Delivery of SynLawn $ 300.00 Excavate soil to a depth of 5 inches below 3 the serface of the curb $ 650.00 4 Install geotextile/road fabric $ 880.00 5 Install base material $ 950.00 6 Install Landscape bender board $ 1,300.00 7 Install SynLawn $ 1,170.00 8 Snyl-awn fasteners Nails $ 264.00 9 Seam tape to connect the turf sections $ 62.50 Adhesive spread on seam cloth- Not 10 Needed included with Seam Tape $ - 11 Infill: coated sand or silica sand $ 1,750.00 12 Power Brooming $ 810.00 13 Trafic control $ 780.00 14 labor $ 1,250.00 15 Right away closure permit- Not needed $ - Contractor to warranty craftsmanship- No 16 additional charge $ - Total project Cost $ 14,506.00 Licensing- We are a fully licensed and insured company holding the following licenses: • Oregon Landscape Contractors License #9055 (including Irrigation and Backflow categories) • Oregon Pesticide Applicators License #03054 (including Ornamental Insecticide & Fungicide and Herbicide categories) Warranty- All plant material will be guaranteed for 1 year from date of completion based on a fully functional irrigation system. Damage or loss of plant materials due to vandalism, freezing or acts of neglect by others, is exempt from Contractor's replacement responsibility. Irrigation parts, low voltage lighting and workmanship are guaranteed for 1 year from date of project completion. Follow ups for complete irrigation installation- We will provide you with a laminated legend of your system listing the zone numbers and what areas they cover to be placed in your control box for easy reference. We will either winterize or turn-on your system the first year- free of charge. -The winterization phase of this service protects your system against freezing by draining the water from vulnerable areas. -The Turn-on phase of this service includes manually running through the system and checking for breaks and/or coverage adjustments. (Repairs are free if they are a result of faulty materials or workmanship on our part, otherwise they can be done at a rate of $55/hr.) References: Oregon Shakespeare Festival Susan Sullivan P.O. Box 158 305 Stoneridge Ashland, Oregon Ashland, Oregon 97520 Scott 541-482-2111 ext 385 541-512-9684 Reid Hanna Peter & Sharon Potemkin 1101 Siskiyou 195 Carolyn Court Ashland, Oregon Talent, Oregon Tom Reid 541-944-4149 541-482-3711 David Bryant & Mary Zarc Rick & Alison Penfield 551 Strawberry Lane 100 Ridge Rd. Ashland, OR 97520 Ashland, OR 415-786-5589 541-482-7557 Please call our references. We are proud of our track record. Landscape/Irrigation Contractors License #9055 Landscape Contractors Board 2111 Front Ste NE Ste 2-101 Salem, Oregon 97301 (503) 967-6291 Page 2 of 2 Page 1 / 1 CITY OF _ . -DATE PO NUMBER ASHLAND 20 E MAIN ST. 4/28/2015 12842 ASHLAND, OR 97520 P (541) 488-5300 VENDOR: 006991 SHIP To: Ashland Conservation Dept. CAROL'S COLORS (541) 488-5306 P O BOX 1169 20 E. MAIN STREET PHOENIX, OR 97535 ASHLAND, OR 97520 FOB Point: Ashland, Oreqon -Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Julie Smitherman Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Provide and install 825 square feet of 12,757.00 artificial turf as a border strip in the median adjacent to Omar's Restaurant in Ashland. Contract for Goods and Services Beqinninq date: 04/24/2015 Completion date: 05/29/2015 SUBTOTAL 12 757.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 12,757.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.15.00.70420 12,757.00 f VENDOR COPY Authorized ignat/~~~J FbRMW CITY OF ~~"ASHLAND Al", r Fi I for 'Ii.)GGah Order / REQUISITION Date of request: 4/24/15 Required date for delivery: " 5/4/15 Vendor Name Carol's Colors Landscaping Address, City, State, zip 87 West Nevada Contact Name & Telephone Number Greg Williams 541-535-5493 Fax Number 541-535-5493 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 ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written 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 E (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 Installation of 825 square feet of artificial turf as a border strip in the median adjacent from Omar's $12,757 Restaurant in Ashland. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost See Attached Contract for Goods and Services 12,757 Per attached quotelproposal TOTAL COST $121757 Project Number Account Number--- - Account NumberOG'-C&_-0?-CC-_7C`fi2cc, 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. Employe't Department Head: qua to or gre n $5,000) Department-Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year. YES NO Finance Director- (Equal to orgrea rthan $5,000) Date Comments: Form #3 - Requisition