Loading...
HomeMy WebLinkAbout2019-171 20200076 Bill's Glass & Windshields I. GOODS & SERVICES AGREEMENT PROVIDER: Bill's Glass CITY OF PROVIDER'S James Reeves ASH LAND CONTACT: 20 East Main Street Ashland,Oregon 97520 ADDRESS: 2407 Siskiyou Boulevard Telephone: 541/488-5587 Ashland, OR 97520 Fax: 541/488-6006 PHONE: 541-488-2500 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter"City") and Bill's Glass, a domestic business corporation ("hereinafter"Provider"), for glass repair and replacement. 1. PROVIDER'S OBLIGATIONS 1.1 Provide glass repair and replacement for FY20 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability, and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each P policy rovided that the olic limits shall not be increased thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together, they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 5: Agreement between the City of Ashland and Bill's Glass 1.3 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise,minority-owned business,woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.110. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$4,995 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of$4,995 without express, written approval from the City official whose signature appears below,or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. Page 2 of 5: Agreement between the City of Ashland and Bill's Glass 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate, so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees, contractors, or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts,accidents,or other events beyond the control of the other or the other's officers, employees or agents. 3.10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS The following documents are,by this reference,expressly incorporated in this Agreement,and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS:" • The Provider's complete written Rate Sheet dated April 12, 2019. 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including, but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6. TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until June 30, 2020, unless sooner terminated as provided in Subsection 6.2. Page 3 of 5: Agreement between the City of Ashland and Bill's Glass • 6.2 Termination 6.2.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may, upon not less than thirty (30) days' prior written notice, terminate this Agreement for any reason deemed appropriate in its sole discretion. 6.2.3 Either party may terminate this Agreement, with cause, by not less than fourteen (14)days' prior written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 90 North Mountain Avenue Ashland, Oregon 97520 Phone: (541) 552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541)488-5350 If to Provider: Bill's Glass Attn: James Reeves 2407 Siskiyou Boulevard Ashland, OR 97520 541-488-2500 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. Page 4 of 5: Agreement between the City of Ashland and Bill's Glass • 9.1.2 Provider, for a period of no fewer than six (6) calendar years preceding the Effective Date of this Agreement, has faithfully complied with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF ASHLAND: Bill's Glass(P' OVIDER) By: _ By: / _ Signature ignature c /5-•z0rA✓.-) A M Q.3 e Printed Name Printed Name Pi 6021(■Qf\A [AA kif Title Title / 11146- 2001 Date to (W-9 is to be submitted with this signed Agreement) Purchase Order No. e 0 7 Page 5 of 5: Agreement between the City of Ashland and Bill's Glass • 2407 SISKIYOU BLVD ASHLAND OR 97520 • 541-488-2500 FAX-541-488-3270 • BILL'S GLASS SERVICE Dated, 4/12/2019 City of Ashland Schedule of Labor Rates July 1, 2019 — June 30, 2020 Butler's Glass Service Inc. DBA Bill's Glass & Windshields. Cost per hour will be $60.00 hour per man for work scheduled within the hours of 8:OOam-5:00 pm Monday through Friday. Cost per hour will be $120.00 *per hour per man for work that is performed outside of the above hours or days. *Additional men may be needed on some repairs due to size or safety restrictions. This is the labor rate only, materials and equipment rental if needed are additional. After hours Boardups-$350.00 MINIMUM FOR LABOR AND MATERIALS- LABOR TO INCLUDE TRAVEL TIMES FROM MEDFORD New commercial construction projects are exempt from this pricing and will be bid on a per job basis. Sincerely, General Manager Bill's Glass &Windshields 319 E. McAndrews Rd. Medford, OR. 97501 541-773-5881 Page 1 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYI/Y) 07/25/2019 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 have ADDITIONAL INSURED provisions or 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: TOR Raldunski Hart Insurance Agency PHONE FAX PO Box 1240 (NC No.Eat): (541) 779-4232 (A/C,No):(541) 772-3963 ADDRESS : kdolmage @hartinsurance.com Grants Pass OR 97528 INSURERS)AFFORDING COVERAGE NAIC I INSURER A:Cincinnati Specialty Underwrit 13037 INSURED (541) 773-5881 INSURER B:Cincinnati Insurance Company 10677 Butlers Glass Service Inc. dba Bill's Glass Service INSURERC: INSURER D: 319 E McAndrews Road Medford OR 97501 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 11564 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. ILT R TYPE OF INSURANCE INSO SUER POLICY NUMBER (MMDYDIYYYY) (MMIDDIYYYYPY) WITS LTR INSD WVD B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 , AMAGE TO RENTED CLAIMS-MADE X OCCUR Y BPP0374731 02/19/2019 02/19/2020 pREM SES(Ea occurrence) $ 500,000 _MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY t 2,000,000 GEN'L AGGREGATE UNIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Empl Benefits Liab i 1,000,000 AUTOMOBILEUABLITY (EaMacccidEenntSINGLE UMIT S 1,000,000 B X ANY AUTO XBA0374731 02/19/2019 02/19/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY _ AUTOS ONLY (Per ) --- $ A UMBRELLALIAB X OCCUR CSU0086650 02/19/2019 02/19/2020 EACH OCCURRENCE S 1,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ S WORKERS COMPENSATION PER I ER AND EMPLOYERS'UABIUTY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT S OFFICER/MEMBEREXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S S S DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) certificate holder is listed as additional insured per attached forms GA4720R and GA210 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. the City of Ashland, Oregon, its officers, agents, and employees 90 North Mountain Avenue AUTHORIZED REPRESENTATIVE Ashland OR 97520 4 DGli`J I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or (1) The Coverage Part to which this Contractors - Automatic Status For Other endorsement is attached pro- Parties When Required In Written Contract vides coverage for"bodily injury" Or Agreement With You or "property damage" included within the "products-completed 1. Section II - Who Is An Insured is operations hazard"; and amended to include as an additional in- sured any person or organization you (2) The written contract or written have agreed in writing in a contract or agreement requires you to pro- agreement to add as an additional in- vide additional insured coverage sured on this Coverage Part. Such per- included within the "products- son(s) or organization(s) is an additional completed operations hazard" insured only with respect to liability for: for that person or organization. a. "Bodily injury', "property damage" or If the written contract or written "personal and advertising injury" agreement requires you to provide caused, in whole or in part, by the additional insured coverage included performance of your ongoing opera- within the "products-completed oper- tions by you or on your behalf, under ations hazard" for a specified length that written contract or written of time for that person or organiza- agreement. Ongoing operations does tion, the "bodily injury" or "property not apply to "bodily injury'or"proper- damage" must occur prior to the ex- ty damage"occurring after: piration of that period of time in order for this insurance to apply. (1) All work, including materials, parts or equipment furnished in If the written contract or written connection with such work, on agreement requires you to provide the project (other than service, additional insured coverage for a maintenance or repairs) to be person or organization per ISO addi- performed by or on behalf of the tional insured endorsement form additional insured(s) at the loca- number CG 20 10, without specifying tion of the covered operations an edition date, this Paragraph b. has been completed; or does not apply to that person or or- ganization. (2) That portion of"your work"out of which the injury or damage aris- 2. If the written contract or written agree- es has been put to its intended ment described in Paragraph 1. above use by any person or organiza- specifically requires you to provide addi- tion other than another contrac- tional insured coverage to that person or tor or subcontractor engaged in organization: performing operations for a prin- cipal as a part of the same pro- a. Arising out of your ongoing opera- ject; and tions or arising out of"your work"; or b. "Bodily injury' or "property damage" b. By way of an edition of an ISO addi- caused, in whole or in part, by 'your tional insured endorsement that in work" performed under that written cludes arising out of your ongoing contract or written agreement and in- operations or arising out of your cluded in the "products-completed work"; operations hazard", but only it Includes copyrighted material of Insurance GA 472 0917 Services Office, Inc., with its permission. Page 1 of 3 then the phrase caused, in whole or in This insurance does not apply to: part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is a. "Bodily injury", "property damage" or replaced by the phrase arising out of "personal and advertising injury" aris- ing out of operations performed for 3. With respect to the insurance afforded to the federal government, state or mu- the additional insureds described in Para- nicipality; or graph A.1., the following additional exclu- sion applies: b. "Bodily injury" or "property damage" included within the "products- This insurance does not apply to "bodily completed operations hazard." injury', "property damage" or "personal and advertising injury" arising out of the C. The insurance afforded to additional insureds rendering of, or the failure to render, any described in Paragraphs A.and B.: professional architectural, engineering or 1. Only applies to the extent permitted by surveying services, induding: law; and a. The preparing, approving or failing to 2. Will not be broader than that which you prepare or approve, maps, shop are required by the written contract, writ- drawings, opinions, reports, surveys, ten agreement, written permit or written field orders, change orders or draw- authorization to provide for such addition- ings and specifications; or al insured; and b. Supervisory, inspection, architectural 3. Does not apply to any person, organize- or engineering activities. tion, state, governmental agency or sub- This exdusion applies even if the claims division or political subdivision specifically against any insured allege negligence or named as an additional insured for the other wrongdoing in the supervision, hir- same project in the schedule of an en- ing, employment,training or monitoring of dorsement added to this Coverage Part. others by that insured, if the "occurrence" D. With respect to the insurance afforded to the which caused the "bodily injury" or "prop- additional insureds described in Paragraphs erty damage", or the offense which A.and B.,the following is added to Section III caused the"personal and advertising inju- -Limits Of Insurance: ry", involved the rendering of, or the fail- ure to render, any professional architec- The most we will pay on behalf of the addi- tural, engineering or surveying services. tional insured is the amount of insurance: 4. This Paragraph A. does not apply to addi- 1. Required by the written contract, written tional insureds described in Paragraph B. agreement, written permit or written B. Additional Insured -State Or Governmental au- thor annd d B.;B on described in Paragraphs A. B.; or Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required 2. Available under the applicable Limits of In Written Permits Or Authorizations Insurance shown in the Declarations; 1. Section II - Who Is An Insured is whichever is less. amended to include as an additional in- sured any state or governmental agency This endorsement shall not increase the appli- or subdivision or political subdivision you cable Limits of Insurance shown in the Decla- have agreed in writing in a contract, rations. agreement, permit or authorization to add E. Section IV - Commercial General Liability as an additional insured on this Coverage Conditions is amended to add the following: Part. Such state or governmental agency or subdivision or political subdivision is an Automatic Additional Insured Provision additional insured only with respect to op- erations performed by you or on your be- This insurance applies only if the "bodily inju half for which the state or governmental ry" or "property damage" occurs, or the "per- agency or subdivision or political subdivi- sonal and advertising injury' offense is com- sion issued, in writing, a contract, agree- mitted: ment, permit or authorization. 1. During the policy period; and 2. With respect to the insurance afforded to 2. Subsequent to your execution of the writ- the additional insureds described in Para- ten contract or written agreement, or the graph B.1., the following additional exclu- issuance of a written permit or written au- sions apply: thorization, described in Paragraphs A. and B. Includes copyrighted material of Insurance GA 472 0917 Services Office, Inc.,with its permission. Page 2 of 3 F. Except when G. below applies, the following is 1. The additional insured is a Named In- added to Section IV - Commercial General sured under such other insurance; and Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: 2. You have agreed in writing in a contract, agreement, permit or authorization de- When Other Additional Insured Coverage scribed in Paragraph A. or B.that this in- Applies On An Excess Basis surance would be primary to any other in- surance available to the additional in- This insurance is primary to other insurance sured. available to the additional insured described in Paragraphs A.and B.except: As used in this endorsement, wrap-up insur- ance As otherwise provided in Section IV - ance means any insurance provided by a con- 1. solidated (wrap-up) insurance program. Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- Primary And Noncontributory Insurance surance; or When Required By Written Contract, 2. For any other valid and collectible insur- Agreement, Permit Or Authorization ance available to the additional insured as Except when wrap-up insurance applies to the an additional insured by attachment of an claim or "suit' on behalf of the additional in- endorsement to another insurance policy sured, this insurance is primary to and will not that is written on an excess basis. In such seek contribution from any other insurance case, this insurance is also excess. available to the additional insured described in Paragraphs A.and B.provided that: G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. 1. The additional insured is a Named In- Other Insurance, and supersedes any provi- sured under such other insurance; and sion to the contrary: 2. You have agreed in writing in a contract, Primary Insurance When Required By Writ- agreement, permit or authorization de- ten Contract, Agreement, Permit Or Au- scribed in Paragraph A. or B.that this in- thorization surance would be primary and would not Except when wrap-up insurance applies to the seek available to from any other ed. ance available to the additional insured. claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other As used in this endorsement, wrap-up insur- insurance available to the additional insured ance means any insurance provided by a con- described in Paragraphs A. and B. provided solidated (wrap-up) insurance program. that: Includes copyrighted material of Insurance GA 472 0917 Services Office, Inc.,with its permission. Page 3 of 3 COMMERCIAL GENERAL LIABILITY CSGA 4087 12 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - PER CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8.Transfer of Rights of Recovery Against Others to Us of SECTION IV-CONDITIONS: If you have agreed, in a written contract or agreement, to provide a waiver of any right of recovery against a person or organization, we will waive any right of recovery we may have against that person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to that person or organization for which you have agreed to in a written contrail to provide said waiver. Includes copyrighted material of Insurance CSGA 4087 12 12 Services Office, Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CSGA 405 12 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - OPERATIONS ONLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is 1. "Bodily injury","property damage" or"per- amended to include as an additional insured sonal and advertising injury"arising out of any person or organization when you and such the rendering of, or the failure to render, person or organization have agreed in writing any professional architectural, engineer- in a contract or agreement that such person or ing or surveying services, including: organization be added as an additional insured a. The preparing,approving, or failing to on your policy, but only with respect to "bodily prepare or approve, maps, shop injury", "property damage" or "personal and drawings, opinions, reports, surveys, advertising injury"caused, in whole or in part, field orders, change orders or draw- ings ings and specifications; or 1. Your acts or omissions; or b. Supervisory, inspection, architectural 2. The acts or omissions of those acting on or engineering activities. your behalf; 2. 'Bodily injury" or "property damage" aris- in the performance of your ongoing operations ing out of"your work" for which a consoli- for the additional insured. dated (wrap-up) insurance program has been provided by the prime contrac- The or agreement must be The written contract g tor/project manager or own er of the con- currently in effect or become effective during struction project in which you are involved. the term of this Coverage Part. The contract or agreement must be executed prior to the 3. 'Bodily injury","property damage" or"per- "bodily injury", "property damage" or "personal sonal and advertising injury" to any em- and advertising injury" to which this endorse- ployee of you or to any obligation of the ment pertains. additional insured to indemnify another because of damages arising out of such However: injury. 1. The insurance afforded to such additional 4. "Bodily injury","property damage" or"per- insured only applies to the extent permit- sonal and advertising injury' for which the ted by law; and Named Insured is afforded no coverage 2. If coverage provided to the additional in- under this policy of insurance. sured is required by a contract or agree- 5. "Bodily injury", "property damage" or per- ment, the insurance afforded to such ad- sonal and advertising injury" occurring af- ditional insured will not be broader than ter: that which you are required by the con- tract or agreement to provide for such ad- a. All work, including materials, parts or ditional insured. equipment furnished in connection with such work, on the project to be B. With respect to the insurance afforded to performed by or on behalf of the ad- these additional insureds, the following addi- ditional insured has been completed; tional exclusions apply: or This insurance does not apply to: Includes copyrighted material of ISO CSGA 405 12 13 Properties, Inc., with its permission. Page 1 of 2 • b. That portion of "your work" out of clusive of and not in addition to the limits of in- which the injury or damage arises surance shown in the Declarations. has been put to its intended use by any person or organization other than D. With respect to the insurance afforded to another contractor or subcontractor these additional insureds, SECTION IV - engaging in performing operations for COMMERCIAL GENERAL LIABILITY CON- a principal as part of the same pro DITIONS, 4. Other Insurance is amended to ject. indude: C. With respect to the insurance afforded to Any coverage provided herein will be excess these additional insureds, SECTION III -LIM- over any other valid and collectible insurance ITS OF INSURANCE is amended to include: available to the additional insured whether primary, excess, contingent or on any other The limits applicable to the additional insured basis unless you have agreed in a written con- are those specified in the written contract or tract or written agreement executed prior to agreement or in the Declarations of this Coy- any loss that this insurance will be primary. erage Part, whichever is less. If no limits are This insurance will be noncontributory only if specified in the written contract or agreement, you have so agreed in a written contract or the limits applicable to the additional insured written agreement executed prior to any loss are those specified in the Declarations of this and this coverage is determined to be primary. Coverage Part. The limits of insurance are in- Includes copyrighted material of ISO CSGA 405 12 13 Properties, Inc., with its permission. Page 2 of 2 • BBS! 905384 A Hum Resorts Maagrrd Coegmy July 29, 2019 BUTLER'S GLASS SERVICE 319 E MCANDREWS RD MEDFORD, OR 97501 Re: Barrett Business Services, Inc. ("BBSI") Letter of Self-Insurance for Workers' Compensation Coverage As the named addressee of this Letter, your company's required workers' compensation coverage is provided through BBSI's state approved Self-Insured Workers' Compensation Plan by way of your co-employment contract with BBSI. Additional information is as follows: State: Oregon Workers'Compensation Limits: Employer Liability Limits: Self Insurance Certification #: 1068 Statutory $5,000,000.00 Each Accident $5,000,000.00 Disease Coverage Limit by Client $5,000,000.00 Disease; Each Employee Other Comments (place an "X" if applicable): X Named "Letter Holder": City of Ashland 20 E Main St Ashland, OR 97520 X Other: Effective 1/1/2016 through 1/1/2020. Subject to 30 days notice of cancellation. Additionally, BBSI's self-insured program is further supported by an excess workers'compensation insurance policy with ACE American Insurance Co.. Copy of certificate is available upon request. For additional information, please contact your local BBSI office at: MEDFORD (541) 772-5469 2045 Cardinal Way Suite 100 Very truly yours, Medford, OR 97504 i4 ftAtt"- Michael L. Elich President and Chief Executive Officer doc:LOSI-2 Will Purchase Order ,aft //��'' Fiscal Year 2020 Page: 1 of: 1 \/ill , , V -tee �_iE-_ ______1-tj��c�1'��� � `$ fi �4� _ - B City of Ashland ► a A , 1� - vl� y_3�1� .i _ 5,o,l4n I ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20200076 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Facilities Maintenance Div E BILL'S GLASS &WINDSHIELDS 1 90 North Mountain Ave N 2407 SISKIYOU BLVD p Ashland, OR 97520 O ASHLAND, OR 97520 Phone: 541/488-5358 R T Fax: 541/552-2304 O 541 488-2500 David Arnold laiaaE lalre.a��H[=i 08/05/2019 114 FOB ASHLAND OR/NET30 Ci Accounts Pa able Glass Repair& Replacement 1 Glass repair and replacement FY 2020 1 $4,995.0000 $4,995.00 Project Account: ............... GL SUMMARY ............... 082400-602400 $4,995.00 By 6 Date: Authorized Signature -' - _ $4 995.00 FORM #3 � . CITY OF ASHLAND REQUISITION , Date of request: 7/30/2019 e A-"Required date for delivery: Vendor Name Bill's Glass Address, City, State, Zip 2407 Siskiyou Boulevard,Ashland, OR 97520 Contact Name&Telephone Number James Reeves 541-488-2500 Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization Date approved by Council: ❑ Written quote or proposal attached ❑ AMC 2.50 ❑ 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 Contract# Intermediate Procurement ❑ Sole Source ❑ Other government agency contract GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) Agency $5,000 to$100,000 ❑ Written quote or proposal attached Contract# ❑ (3)Written quotes and solicitation ❑ Form#4, Personal Services$5K to$75K Intergovernmental Agreement attached ❑ Special Procurement ❑ Agency _ PERSONAL SERVICES ❑ Form#9, Request for Approval Date original contract approved by Council: , $5,000 to$75,000 (Date) ❑ Less than$35,000, by direct ❑ Written quote or proposal attached appointment Date approved by Council: ❑ (3)Written proposals/written solicitation ❑ Form#4, Personal Services$5K to$75K Valid until: (Date) Description of SERVICES Total Cost Glass repair and replacement for FY20 $ 4,995.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ® Per attached quote/proposal Project Number - Account Number 082400-602400 *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 th' re.' ' ' • irm, 1.y 'i at the City's public contracting requirements have been satisfied. Employee Signature: Department Head Signature: /4'0- 2a/1 (Equa to or greater than$5,000) City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: YES / NO Finance Director-(Equal to or greater than$5,000) Date Comments: Form#3-Requisition