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HomeMy WebLinkAbout2016-281 Contract - Key Manufacturing & Rentals Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Key Manufacturing and Rentals, Inc -AS H LAND CONTACT: Annie Chisholm 20 East Main Street Ashland, Oregon 97520 ADDRESS: 18179 Boones Ferry Rd. Portland OR 97224 Telephone- 541/488-6002 Fax: 541/488-5311 TELEPHONE: (503) 597-2023 DATE AGREEMENT PREPARED: September 18, 2016 FAX: BEGINNING DATE: November 1, 2016 COMPLETION DATE: March 31, 2017 COMPENSATION: Not to exceed $21,363 per quotes attached as Exhibit C and D. GOODS AND SERVICES TO BE PROVIDED: 2016 Fall Re-Install of Ice Rink Structure and Removal of Structure in Spring of 2017 - Includes set up, tear down, storage, cleaning and repair of ice rink tent for 2016/2017 season per quotes attached as Exhibit C and D. 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 prima 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, 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. `ract for Goods and Services Less than $25,000, Revised 06/02/2015, 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. C. Automobile Liabilit insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, Revised 06/02/2015, 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. Nonapprop riations 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 1 sh nd By l C-1 By (AL) v~~l l~~"1 Signature Department Head U161101rd - 61W DO~-:2 Print Name Print Name N5 Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. " J Contract for Goods and Services Less than $25,000, Revised 06/02/2015. Page 3 of 5 DCHIBITA CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. G~ Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 CITY • 1 1 \ r ExHIBITB City of Ashland LIM NG WAGE per hour effective June 30, 2015 (Increases annually every June 30 by the ram 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 projector the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of El 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. 0 If their employer is the City of 1040 hours in any 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 0 In calculating the living wage, Municipal Cade Section employee's tirre in that math employers may add the value 3.12.020. working on a project or of health care, retirement, • additional information, Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East IVbn 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 06/0212015, Page 5 of 5 y8I r OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE: 2016 Re-Installation of Ice Rink Cover KEY REP: Annie Chisholm QUANTITY TOTAL Transportation $ 750.00 (6) Key men on site 20 hours $ 5,132.00 (6) Key men travel @ 10 hours $ 3,070.00 Lodging / Per Diem $ 700.00 Equipment Rentals (forklift etc) $ 1,350.00 Structure to be re-installed 11/1-3, 2016 (tent) $ $ $ Quote does not include additional charges for problems that $ may arise at job site during installation $ $ DUE $ 11,002.00 ALL MERCHANDISE F.O.B. 50% due by 10/14/16 OFFER VALID 30 DAYS xxxxxxx balance due w/ invoice - 10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU Annie Chisholm 9117116 FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE OFFER TO SUPPLY TO: Ashland Parks & Rec CLIENT PHONE: (541) 552-2252 FAX: ATTN: Rachel Dials 20 East Main St KMR would be pleased to supply the following Ashland, Oregon 97520 goods/services according to the quantities and terms outlined below. Please indicate any changes and/or approval and return to Key Manufacturing and Rental, Inc. RE: 2017 Spring Removal of Ice Rink Cover KEY REP: Annie Chisholm QUANTITY TOTAL Transportation $ 750.00 $ (6) Key men on site @13 hours $ 3,991.00 (6) Key men travel @ 10 hours $ 3,070.00 Lodging / Per diem $ 700.00 Equipment Rentals (forklift etc) $ 1,350.00 Seasonal Storage of Fabric & Key $ 500.00 $ Quote does not include fabric cleaning or repairs $ Cleaning & repairs to be billed separately $ Repairs @ $70/hour - estimated 15-20 hours $ Cleaning @ $40/hour - estimated at 90-100 hours $ $ $ $ DUE $ 10,361.00 ALL MERCHANDISE F.O.B. 50% due w/ confirmation of order by 1/15/17 OFFER VALID 30 DAYS xxxxxxx balance due w/ invoice - 10 days THANK YOU FOR THE OPPORTUNITY TO SERVE YOU Annie Chisholm 9/18/16 FOR KEY MANUFACTURING & RENTALS, INC DATE OFFER ACCEPTED BY DATE CITY OF ASHLAND Council Communication December 2, 2014 Business Meeting Special Procurement for Key Manufacturing, Ice Rink Tent install and removal. FROM: Rachel Dials, Recreation Superintendent, rachel.dials@ashland.or.us SUMMARY Recommendation of a Special Procurement for Key Manufacturing for up to 5 years (through Ice Rink season 2019) for install and removal of the ice rink tent. Installation is set for December 9th and removal is scheduled for no later than March 31, 2015. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Rotary Centennial Ice Rink, located at 95 W inburn Way received approval on November 25th, 2014 from the Planning Commission to install the Ice Rink tent. Parks staff received 3 quotes in 2014 for install, removal, storage, cleaning and repair of the tent from 3 different companies. Of the 3 quotes, Key Manufacturing was the low bid. Key Manufacturing out of Portland. Oregon removed the tent in April, 2014 and is very familiar with this type of structure. It would be in the City of Ashland"s best interest to continue to work with this company. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Cost estimate for FY 2014-2015 is $18,000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season. The costs will be budgeted in the Parks and Recreation budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Approval of the Special Procurement for Key Manufacturing for set up and removal of the ice rink tent ythrough the 2019 Ice Rink Season. L1 t SUGGESTED MOTION: N/A. ATTACHMENTS: Form #4 Determinations to Procure Form #9, Special Procurement-Request for Approval Pane 1 of 1 VA& CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Michael Black. Director. Ashland Parks and Recreation Date: 12-2-14 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of croods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1 _ Requesting Department Name: Ashland Parks and Recreation 2. Department Contact Name: Rachel Dials 3. Type of Request: Class Special Procurement X Contract-specific Special Procurement 4. Time Period Requested: From Fall - 2014 To: Spring - 2019 5. Total Estimated Cost: Cost estimate for FY 2014-2015 is $18.000. Cost for subsequent seasons is estimated to be $18,000 to $25,000 per season 6. Short title of the Procurement: Fall Re-Install of Ice Rink Tent Structure and Removal of Tent Structure in String Supplies and/or Services or class of Supplies and/or Services to be acquired: Installation, removal, storage, cleaning and repair of the Ice Rink Tent Structure 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may. but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Parks staff received3 quotes to remove the structure at the end of the 2013-2014 season. Ouotes were received from Creative Tent $53.436.30, Noel Lesley $33.860.00 and Key Manufacturing $15,000.00. The quotes from each of these three contractors included installation. removal, storage, cleaning and repair of the tent. The resulting contract was awarded to Key Manufacturing. Key Manufacturing successfully removed and stored the ice rink tent during the off season. Form #9 - Special Procurement- Request for Approval, Page 1 of 3,121212014 Proposed procedure: Directly award a contract to Key Manufacturing on an annual basis for these services for the terms and services described and approved in this Special Procurement 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. Parks staff was unable to locate another qualified contractor willing to provide and accept the responsibilities associated with the removal, reinstallation and storage of this tent structure. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: Staff looked locally and there was only one other local company that was willing to rive a quote. Staff called most local construction companies as well as 2 other local tent coml2anies and all were unwilling to give a quote. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Staff looked locally and there was only one other local company that was willing, to give a quote This company would not consider signingthe City of Ashland contract and priced their quote $15.000 higher than Key~ManufacturinL (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings). or x (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 27913.055, 27913.060.27913.065, or 27913.070, or any rules adopted thereunder because: Key Manufacturing successfully removed and stored the ice rink tent during the off season It is in the City's best interest to contract with the same contractor. Key Manufacturing to reinstal l this complex tent structure they removed last season and have been storing for the Parks Department. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3,1212/2014 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City"s website to allow for the seven (7) day protest period. Date Public Notice first appeared on ww-vv.ashland.or.us -December 3, 2014 PUBLIC NOTICE Approval of a Special Procurement First date of publication: December 3, 2014 A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board. on December 2, 2014 This Contract-specific Special Procurement will allow the Parks Department to continue contracting with Key Manufacturing for the installation, removal, storage, cleaning and repair of the ice rink tent structure. Key Manufacturing successfully removed and stored this complex ice rink tent structure after the 2013-2014 skating season, and it is in the City's best interest to continue contracting with Key Manufacturing to provide these services for the Parks Department. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts" and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland.[_4shland Parks and Recreation, Rachel Dials, 340 S. Pioneer St. Ashland. OR 97520. The seven (7) protest period will expire at 5:00pm on December 9, 2014 This public notice is being published on the City"s Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3,1 M2014 Client: 175187 KEYMANU ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDNYYY) s/25/2016 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 j NAMEACT KC Ferguson Propel Insurance PHONE _~AX_. A/C, No Ext : 800 499-0933 ac, No ; 866 577-1326 Medford Workers Compensation a~DRESS: KC.Ferguson a@propelinsurance.con P O Box 936 INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97501 INSURER A : SAIF Corporation 36196 INSURED ~ INSURER B : Key Manufacturing & Rentals, Inc. J INSURER c : 18179 SW Boones Ferry Rd. Portland, OR 97224-7672 INSURER D : INSURER E : 1 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ADD! SUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE !INSR WVD - POLICY NUMBER (MMIDDIYYYY) ! (MMIDDNYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGES ( RENTED PREMISES Ea occurrence ~ $ MED EXP (Any one person) j $ PERSONAL & ADV INJURY ! $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ F PRO- POLICY F JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ 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 I $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE! AGGREGATE $ DED RETENTION $ I $ A WORKERS COMPENSATION $54251 9/01!2016 09/01/201 X I PER OTH AND EMPLOYERS LIABILITY Y I N STATUTF FR__ ANY PROPRIETORIPARTNER/EXECUTIVE , E.L. EACH ACCIDENT $5OO OOO OFFICERIMEMBER EXCLUDED? NIA - - (Mandatory in NH) E.L. DISEASE - EA EMPLOYEEI $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2345723/M2345720 KCFO0 Client#: 175845 KEYMANU1 DATE (MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 10/20/2016 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 ICONTACT NAME: Cindy Sorensen Propel Insurance PHONE 541-494-7732 FAx 541-245-1112 A/C, No. Ext): (A/C, No): Medford Commercial Insurance E-MAIL cindysorensen@propelinsurance.com 2045 Cardinal Ave., Suite 300 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Medford, OR 97504 INSURER A : Western National Assurance Comp 24465 INSURED INSURER B : Key Manufacturing INSURER C & Rentals Inc. _ 18179 SW Boones Ferry Rd. INSURER D Portland, OR 97224-7672 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. ADD INSR TYPE OF INSURANCE INSR SUVD POLICY NUMBER MM/DD/YYYY MM LTR NSR W/DD/YYYY LIMITS A GENERAL LIABILITY X X CPP113584200 4/01/2016 04/01/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurs nce $1,000,000 CLAIMS-MADE 4 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PE O LOC $ AUTOMOBILE LIABILITY CPP113476800 4/01/2016 04/01/201 EOa aBcideDtSINGLE LIMIT $1,000,000 A X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE $ Per accident HIRED AUTOS AUTOS A UMBRELLA LIAB X OCCUR UMB102241500 4/01/2016 04/01/2017 EACH OCCURRENCE $1,0002000 X :EXCESS LIAB CLAIMS-MADE' I AGGREGATE $1,0007000 DED X RETENTION $10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMIT ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Inland Marine CPP113587600 4/01/2016 04/01/201 Ded. $2,500 Equipment Rent/Lease $25,000 i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Ashland, Oregon and its elected officials, officers and employee are additional insured with primary and non-contributory coverage including a Waiver of Subrogation as required by written contract. CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 E. Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520-1814 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2440540/M2220970 CDS00 COMMERCIAL GENERAL LIABILITY WN GL 49 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to in- B. With respect to the insurance afforded to these ad- clude as an additional insured any person or or- ditional insureds, the following additional exclusion ganization for whom you are performing opera- applies: tions when you and such person or organization have agreed in writing in a contract or agreement This insurance does not apply to: that such person or organization be added as an 1. "Bodily injury", "property damage" or "personal additional insured on your policy. Such person or and advertising injury" arising out of the ren- organization is an additional insured only with re- dering of, or the failure to render, any profes- spect to liability for "bodily injury", "property dam- sional architectural, engineering or surveying age" or "personal and advertising injury" caused, services, including: in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf, change orders or drawings and specifica- tions; or in the performance of your ongoing operations for the additional insured. b. Supervisory, inspection, architectural or engineering activities. cli A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negligence operations for that additional insured are com- pleted or other wrongdoing in the supervision, hiring, . employment, training or monitoring of others However: by that insured, if the "occurrence" which 1. The insurance afforded to such additional in- caused the "bodily injury" or "property dam- sured only applies to the extent permitted by age", or the offense which caused the "person- law; and al and advertising injury", involved the render- ing of or failure to render any professional 2. If coverage provided to the additional insured services by you with respect to your providing is required by a contract or agreement, the in- engineering, architectural or surveying serv- surance afforded to such additional insured ices in your capacity as an engineer, architect will not be broader than that which you are re- or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 2. "Bodily injury" or :'property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the contrary: a. All work, including materials, parts or equipment furnished in connection with Primary And Noncontributory Insurance such work, on the project (other than serv- ice, This insurance is primary to and will not seek maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered op- policy provided that: erations has been completed; or b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing oper- primary and would not seek contribution ations for a principal as a part of the same from any other insurance available to the project. additional insured. C. With respect to the insurance afforded to these ad- ditional insureds, the following is added to Section 111- Limits Of Insurance: If coverage provided to the additional insured is re- quired by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet ...................................................................................2 Property Damage Liability • Elevators .3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception ....................................................3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence .....................................................................................3 Supplementary Payments -Amended • Bail Bonds Up To $5,000 .......................................................................................................4 • Loss of Earnings Up To $500/Day ........................................................................................4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee ............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days .............................................4 • Blanket Additional Insured - Vendors - As Required By Contract ..........................................4 • Blanket Additional Insured - Lessor Of Leased Equipment ....................................................6 • Blanket Additional Insured - Managers Or Lessors Of Premises ............................................6 • Blanket Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations 7 • Blanket Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises ..........................8 Damage To Premises Rented To You - $300,000 ..............................9 0 d 0 Medical Payments Increased Limit - $10,000 Or Amount Shown on Declarations ............................9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended .................................................9 • Unintentional Failure To Disclose Hazards .............................................................................9 • Waiver of Subrogation .........................................................................................................10 Insured Contract Amended ..............................................................................................................10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication ..................................................................10 WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 WN GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I - COVERAGES AMENDMENTS (4) Liability assumed under any "insured contract" for the ownership, maintenance or COVERAGE A - BODILY INJURY AND PROPERTY use of aircraft or watercraft; or DAMAGE LIABILITY (5) "Bodily injury" or "property damage" arising A. Non Owned Aircraft Or Watercraft out of Item 2. Exclusions, Paragraph g. is replaced by (a) The operation of machinery or the following: equipment that is attached to, or part g. Aircraft, Auto Or Watercraft of, a land vehicle that would qualify under the definition of "mobile "Bodily injury" or "property damage" arising out equipment" if it were not subject to a of the ownership, maintenance, use or compulsory or financial responsibility entrustment to others of any aircraft, "auto" or law or other motor vehicle insurance watercraft owned or operated by or rented or law where it is licensed or principally loaned to any insured. Use includes operation garaged; or and "loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims or equipment listed in Paragraph f. (2) against any insured allege negligence or other or L (3) of the definition of "mobile wrongdoing in the supervision, hiring, equipment". employment, training or monitoring of others by B. Damage To Property Coverage Extensions that insured, if the occurrence which caused the "bodily injury" or "property damage" Item 2. Exclusions, Paragraph j. is replaced by the involved in the ownership, maintenance, use or following: entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or j• Damage To Property rented or loaned to any insured. "Property damage" to: This exclusion does not apply to: (1) Property you own, rent, or occupy, (1) A watercraft while ashore on premises you including any costs or expenses incurred own or rent: by you, or any other person, organization or entity, for repair, replacement, (2) A watercraft you do not own that is: enhancement, restoration or maintenance (a) Less than 50 feet long; and of such property for any reason, including prevention of injury to a person or damage (b) Not being used to carry persons or to another's property; property for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any the "property damage" arises out of any - person, who with your expressed or implied part of those premises: consent, either uses or is responsible for the use of the watercraft; (3) Property loaned to you; (3) Parking an "auto" on, or on the ways next (4) Personal property in the care, custody or to, premises you own or rent, provided the control of the insured; "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 (5) That particular part of real property on Paragraph (6) of this exclusion does not apply to which you or any contractors or "property damage" included in the subcontractors working directly or indirectly "products-completed operations hazard". on your behalf are performing operations, if the "property damage" arises out of those The insurance provided for "property damage" from operations; or the use of elevators and for "property damage" to (6) That particular part of any property that borrowed equipment is excess over any other valid must be restored, repaired or replaced and collectible property insurance (including any because "your work" was incorrectly deductible portion thereof) available to the insured performed on it. whether primary, excess, contingent or on any other basis. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by C. Damage To Premises Rented To You fire, lightning, explosion or sprinkler leakage) to Item 2. Exclusions, the last paragraph is replaced premises, including the contents of such premises, by the following: rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Exclusions c. through n. do not apply to damage by described in SECTION III - LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily paragraph do not apply if coverage for Damage To occupied by you with permission of the owner. A Premises Rented To You is excluded by separate limit of insurance applies to this coverage endorsement. as described in Paragraph 6. of SECTION III - LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, COVERAGE B - PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3) and (4) of this exclusion do not D. Personal And Advertising Injury apply to the use of elevators. Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c. with the following: Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. b. Material Published With Knowledge Of Falsity Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of Cl) "property damage" to borrowed equipment while oral, written, televised, videotaped or electronic not being used to perform operations at the jobsite. publication, in any manner, of material, if done Subject to Paragraph 2. of SECTION III - LIMITS by or at the direction of the insured with OF INSURANCE, the rules below fix the most we knowledge of its falsity. 01 will pay for "property damage" under this provision: c. Material Published Prior To Policy Period (1) $25,000 any one "occurrence", regardless of "Personal and advertising injury" arising out of the number of persons or organizations who oral, written, televised, videotaped or electronic sustain damages because of that "occurrence"; publication, in any manner, of material whose (2) $50,000 annual aggregate; and first publication took place before the beginning of the policy period. (3) We will pay only for damages in excess of $2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS - COVERAGES A The following are added: AND B C. Blanket Additional Insured - Vendors - As E. Supplementary Payments - Coverages A and B Required By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section 11 - Who Is An Insured is amended to include as an additional insured any person(s) and d. with the following: or organization(s) (referred to throughout this b. Up to $5,000 for cost of bail bonds required endorsement as vendor) with whom you have P agreed in a written contract, executed prior to because of accidents or traffic law violations loss, to name as an additional insured, but only arising out of the use of any vehicle to which with respect to "bodily injury" or "property the Bodily Injury Liability Coverage applies. We damage" arising out of "your products" which do not have to furnish these bonds. are distributed or sold in the regular course of the vendor's business. d. All reasonable expenses incurred by the insured at our request to assist us in the However, investigation or defense of the claim or "suit", a. The insurance afforded to such vendor only including actual loss of earnings up to $500 a applies to the extent permitted by law; and day because of time off from work. b. If coverage provided to the vendor is required by a contract or agreement, the SECTION 11- WHO IS AN INSURED AMENDMENTS insurance afforded to such vendor will not be broader than that which you are A. Employee Bodily Injury To A Co-Employee required by the contract or agreement to Paragraph 2. a. (1) is replaced by the following: provide for such vendor. 2. With respect to the insurance afforded to these (1) "Bodily injury" or "personal and advertising vendors, the following additional exclusions injury": apply. (a) To you, to your partners or members (if you a. The insurance afforded the vendor does are a partnership or joint venture), to your not apply to: members (if you are a limited liability company), or to your other "volunteer (1) "Bodily injury" or "property damage" for workers" while performing duties related to which the vendor is obligated to pay the conduct of your business; damages by reason of the assumption of liability in a contract or agreement. (b) For which there is any obligation to share This exclusion does not apply to liability damages with or repay someone else who for damages that the vendor would must pay damages because of the injury have in the absence of the contract or described in Paragraph (1) (a) above; or agreement; (c) Arising out of his or her providing or failing (2) Any express warranty unauthorized by to provide professional health care you; services. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only (4) Repackaging, except when unpacked until the 180th day after you acquire or form the solely for the purpose of inspection, organization or the end of the policy period, demonstration, testing, or the whichever is earlier; substitution of parts under instructions from the manufacturer, and then repackaged in the original container: WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III - vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the if coverage provided to the vendor is required distribution or sale of the products; by a contract or agreement, the most we will (6) Demonstration, installation, servicing or pay on behalf of the vendor is: repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of the product; b. The Limits of Insurance shown in the Declarations; (7) Products which, after distribution or sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing or This endorsement shall not increase the substance by or for the vendor; or applicable Limits of Insurance shown in the Declarations. (8) "Bodily injury or "property damage" arising out of the sole negligence of the S. With respect to the insurance afforded to these vendor for its own acts or omissions or additional insureds, the following additional those of its employees or anyone else exclusion applies: acting on its behalf. However, this This insurance does not apply to: exclusion does not apply to: (i} The exceptions contained in a. "Bodily injury", "property damage" or ,personal and advertising injury` arising out Subparagraphs (4) or (fi); or of the rendering of, or the failure to render, (ii) Such inspections, adjustments, any professional architectural, engineering tests or servicing as the vendor or surveying services, including: has agreed to make or normally undertakes to make in the usual (1) The preparing, approving, or failing to course of business, in connection prepare or approve, maps, shop with the distribution or sale of the drawings, opinions, reports, surveys, products. field orders, change orders or drawings and specifications; or 3. This Provision C. does not apply: (2) Supervisory, inspection, architectural or a. To any insured person or organization from engineering activities. whom you have acquired such products, or any ingredient, part or container, entering This exclusion applies even if the N into, accompanying or containing such claims against an additional insured allege negligence or other wrongdoing products; in the supervision, hiring, employment, b. To any vendor for which coverage as an training or monitoring of others by that additional insured specifically is scheduled insured, if the "occurrence" which by endorsement; or caused the " bodily injury" or " property c. When liability included within the damage", or the offense which caused "products-completed operations hazard" the "personal and advertising injury", has been excluded for such product either involved the rendering of or failure to by the provisions of the coverage part or by render any professional services by endorsement. you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 I D. Blanket Additional Insured - Lessor Of Leased 4. With respect to the insurance afforded to these additional insureds, the following additional Equipment exclusion applies: 1. Section II - Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease a. "Bodily injury", "property damage" or equipment when you and such person(s) or "personal and advertising injury" arising out organization(s) have agreed in writing in a of the rendering of, or the failure to render, contract or agreement, executed prior to loss, any professional architectural, engineering that such person(s) or organization(s) be added or surveying services, including: as an additional insured on your policy. Such person(s) or organization(s) is an insured only (1) The preparing, approving, or failing to with respect to liability for "bodily injury", prepare or approve, maps, shop "property damage" or "personal and advertising drawings, opinions, reports, surveys, injury" caused, in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such additional insured: This exclusion applies even if the claims against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or b. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to "occurrence" which caused the "bodily provide for such additional insured. injury" or "property damage", or the offense which caused the "personal and advertising A person's or organization's status as an injury", involved the rendering of or failure additional insured under this endorsement ends to render any professional services by you when their contract or agreement with you for with respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not surveyor. apply to any "occurrence" which takes place E. Blanket Additional Insured - Managers Or after the equipment lease expires. Lessors Of Premises 3. With respect to the insurance afforded to these 1. Section II - Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) Section III - Limits Of Insurance: or organization(s) with whom you have agreed if coverage provided to the additional insured is in a written contract, executed prior to loss, to required by a contract or agreement, the most name as an additional insured, but only with we will pay on behalf of the additional insured respect to liability arising out of the ownership, is: maintenance or use of that part of the premises leased to you, subject to the following a. The minimum amount required by the additional exclusions: contract or agreement; or This insurance does not apply to: b. The Limits of Insurance shown in the Declarations; a. Any "occurrence" which takes place after you cease to be a tenant in that premises. whichever is less. b. Structural alterations, new construction or This endorsement shall not increase the demolition operations performed by or on applicable Limits of Insurance shown in the behalf of such additional insured. Declarations. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 However: a. The insurance afforded to such additional F. Blanket Additional Insured - State Or insured only applies to the extent permitted Governmental Agency Or Subdivision Or Political Subdivision - Permits Or by law; and Authorizations b. If coverage provided to the additional Section !I -Who Is An Insured is amended to insured is required by a contract or include as an additional insured any state or agreement, the insurance afforded to such governmental agency or subdivision or political additional insured will not be broader than subdivision with whom you have agreed in a written that which you are required by the contract contract, executed prior to loss, to name as an or agreement to provide for such additional additional insured, subject to the following insured. provisions: 2. With respect to the insurance afforded to these 1. This insurance applies only with respect to additional insureds, the following is added to operations performed by you or on your behalf Section III - Limits Of Insurance: for which the state or governmental agency or if coverage provided to the additional insured is subdivision or political subdivision has issued a required by a contract or agreement, the most permit or authorization. we will pay on behalf of the additional insured However: is: a. The minimum amount required by the a. The insurance afforded to such additional contract or agreement; or insured only applies to the extent permitted by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional exclusion applies: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out This insurance does not apply to: of operations performed for the federal a. "Bodily injury", "property damage" or government, state or municipality; or "personal and advertising injury" arising out b. "Bodily injury" or "property damage" of the rendering of, or the failure to render, included within the "products-completed any professional architectural, engineering operations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III - Limits Of Insurance: drawings, opinions, reports, surveys, field orders, change orders or drawings if coverage provided to the additional insured is and specifications; or required by a contract or agreement, the most (2) Supervisory, inspection, architectural or we will pay on behalf of the additional insured engineering activities. is: a. The minimum amount required by the This exclusion applies even if the claims contract or agreement; or against an additional insured allege negligence or other wrongdoing in the b. The Limits of Insurance shown in the supervision, hiring, employment, training or Declarations; monitoring of others by that insured, if the "occurrence" which caused the "bodily whichever is less. injury" or "property damage", or the offense This endorsement shall not increase the which caused the "personal and advertising applicable Limits of Insurance shown in the injury", involved the rendering of or failure Declarations. to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law; and or surveying services, including: b. If coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III - Limits Of Insurance: negligence or other wrongdoing in the if coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured "occurrence" which caused the "bodily injury" or "property damage", or the offense is: which caused the "personal and advertising a. The minimum amount required by the injury", involved the rendering of or failure contract or agreement; or to render any professional services by you with respect to your providing engineering, b. The Limits of Insurance shown in the architectural or surveying services in your Declarations; capacity as an engineer, architect or surveyor. whichever is less. This endorsement shall not increase the G. Blanket Additional Insured - State Or applicable Limits of insurance shown in the Declarations. Governmental Agency Or Subdivision Or Political Subdivision - Permits Or 3. With respect to the insurance afforded to these Authorizations Relating To Premises additional insureds, the following additional Section 11 - Who Is An Insured is amended to exclusion applies: include as an additional insured any state or This insurance does not apply to: governmental agency or subdivision or political a. "Bodily injury", "property damage" or subdivision with whom you have agreed in a written "personal and advertising injury" arising out contract, executed prior to loss, to name as an of the rendering of, or the failure to render, additional insured, subject to the following any professional architectural, engineering provision: or surveying services, including: 1. This insurance applies only with respect to the (1) The preparing, approving, or failing to following hazards for which the state or prepare or approve, maps, shop governmental agency or subdivision or political drawings, opinions, reports, surveys, subdivision has issued a permit or authorization field orders, change orders or drawings in connection with premises you own, rent or and specifications; or control and to which this insurance applies: The existence, maintenance, repair, (2) Supervisory, inspection, architectural or a. engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar - - entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 07 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV - COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or monitoring of others by that insured, if the A. Knowledge Of Occurrence "occurrence" which caused the "bodily injury" or "property damage", or the offense Item 2. Duties In The Event Of Occurrence, which caused the "personal and advertising Offense, Claim or Suit is amended by adding the injury", involved the rendering of or failure following: to render any professional services by you e. You must give us or our authorized with respect to your providing engineering, representative prompt notice of an architectural or surveying services in your "occurrence", claim or loss only when the capacity as an engineer, architect or "occurrence", claim or loss is known to: surveyor. (1) You, if you are an individual; SECTION III - LIMITS OF INSURANCE (2) A partner, if you are a partnership; AMENDMENTS (3) An executive officer or insurance manager, A. Damage To Premises Rented To You if you are a corporation; or Paragraph 6. is replaced by the following: (4) A member or manager, if you are a limited 6. Subject to Paragraph 5. above, the most we liability company. will pay under Coverage A for damages B. Other Insurance because of "property damage" to any one Item 4. Other Insurance, b. Excess Insurance (1) premises, while rented to you, or in the case of (a) (ii) is replaced by the following: damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily (ii) That is fire, lightning, explosion or sprinkler occupied by you with permission of the owner leakage insurance for premises rented to you is the greater of: or temporarily occupied by you with permission of the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the following: Declarations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do To Disclose Hazards not apply if Damage To Premises Rented To a. By accepting this policy, you agree: You Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; N Paragraph 7. is replaced with the following. (2) Those statements are based upon 7. Subject to Paragraph 5. above, the most we representations you made to us: and will pay under Coverage C for all medical expenses because of "bodily injury" sustained (3) We have issued this policy in reliance by any one person is the greater of. upon your representations. a. $10,000; or b. If you unintentionally fail to disclose any hazards existing at the inception date of b. The amount shown next to the Medical your policy, we will not deny coverage Expense Limit in the Declarations. under this Coverage Part because of such This insurance does not apply if coverage for failure. However, this provision does not Medical Expenses is excluded either by the affect our right to collect additional provisions of the coverage part or by premium or exercise our right of endorsement. cancellation or non-renewal. WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 w D. Waiver of Subrogation SECTION V - DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended others to Us is hereby amended by the addition of the following: Paragraph 9. a. is replaced by the following: We waive any right of recovery we may have a. A contract for a lease of premises. However, because of payments we make for injury or that portion of the contract for a lease of damage arising out of your ongoing operations or premises that indemnifies any person or "your work" done under a written contract, organization for damage by fire, lightning, executed prior to loss, requiring such waiver with explosion or sprinkler leakage to premises that person or organization and included in the while rented to you or temporarily occupied by "products-completed operations hazard". However, you with permission of the owner is not an our rights may only be waived prior to the "insured contract": "occurrence" giving rise to the injury or damage for B. Personal And Advertising Injury Redefined which we make payment under this Coverage Part. The insured must do nothing after a loss to impair Paragraph 14. d. and e. are replaced by the our rights. At our request, the insured will bring following: "suit" or transfer those rights to us and help us enforce those rights. d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 07 15 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 Purchase Order Fiscal Year 2017 Page: 1 of: 1 B City of Ashland - - I ATTN: Accounts Payable L 20 E. Main Purchase 388 L Ashland, OR 97520 Order # T Phone: 541 /552-2010 , O Email: payable@ashland.or.us V KEY MANUFACTURING & RENTALS H C/O Recreation Division (Grove E 18179 SW BOONES FERRY ROAD 1 1195 East Main Street N P Ashland, OR 97520 D PORTLAND, OR 97224 Phone: 541/488-5340 O T Fax: 541/488-5314 R O h - WIN MUM 19 503 639-3344 Rachel Dials D~t~ QT i~ Cfll [154 -wLIl~ 11% . _ - - Fin yon 10/25/2016 1952 FOB ASHLAND OR Parks Accounts Pa able Install Ice Rink Structure 1 2016/2017 Reinstall Ice Rink Structure and Removal 1 $21,363.0000 $21,363.00 Contract for Goods and Services Less than $25,000 Beginning date: November 1, 2016 Completion date: March 31, 2017 GL SUMMARY 12120'0 - 604100 $21,363.00 Date: ~'F f - uthorize-d-signature ' _ - $21,363.00 e . f, #3 CITY OF a ASHLAND REQUISITION Date of request: 4 'Required date for delivery: ° ~c b ~ Vendor Name' Address, City, State, Zip: -A 3 = i Contact Name & Telephone Number ~Fax Number t I k . J -y- SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on filei ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication _(If council approval required, attach co of CC ❑ 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) -(Attach copy of council communication) ❑ 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 approvedDby C ate ouncil: ❑ (3) Written proposals/written solicitation Date approved by Council- 1-4 approved( Date El Form #4, Personal Services $5K to $75K Valid until 6' ` C f-i Date - (Attach copy of council communication) Description of SERVICES Total Cost ! CJ AL Z A m 4 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal: - C Project Number - - - - Account Number t " < -e = - - 11 (4 f' t - ° Account Number Account Numbe-- *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expend#ures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support -Yes /No By signing this requisition form, 1 certify that the City's public contracting requirements have been satisfied t , Employee g Department Head: g °a= f (Equal to or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO l finance Direcf r (Equal to orgreaferthan $5,000) DA Comments: ' Form #3 - Requisition Rachel Dials From: Michael Black Sent: Sunday, October 16, 2016 6:51 PM To: Department _Heads; Rachel Dials; Bruce Dickens; Susan Dyssegard Cc: Jason Minica; Betsy Harshman Subject: Out of Town I will be out of town the entire week of October 17, 2016. Rachel Dials will be acting director in my absence and will sign anything I would typically sign. Michael Black