Loading...
HomeMy WebLinkAbout2023-004 PO 20230211- Pure Water Aquatics Purchase Order �rER aftCiTY f Fiscal Year 2023 Page: 1 of: 1 .m.ittv_'gs MAT, -=s Y J ':gni =g:".`_di tWA r B City of Ashland = _F -- *AR.WMP 1 151@.41�a- T _ r=— _ 7 � ATTN: Accounts Payable 20 E. Main Purchase L Ashla d, OR 97520 Order# 20230211 T Phone: 541/552-2010 • O Email: payable@ashland.or.us V H C/O Recreation Division (Grove E PURE WATER AQUATICS 1 1195 East Main Street N PO BOX 465 ''. p Ashland, OR 97520 O WILSONVILLE, OR 97070-0465 Phone: 541/488-5340 R Fax: 541/488-5314 V=.8 eCe a et. --ii .€e9 sd —_-114e @�v€ile:e=1s�,51 ail aI—)�� =.� — _'—� getf•i a7T 1d=1�„i§[�-- =_`-- ' ^ ..__._ �+^__ _ _ _ Rachel Dials _ 0 i.c@,E.r.:7:2= �.Alile ei—L`1g 68 eI.� EaklFas;Y3 5I!-.:Te-0T_ E fil.'i,_Tr--1 CsI.s73__i —'- ',=_'' v(a]aj:.le £9'r�.a( �$' I(el€i--.� --- 701/05/2023_ 4720 FOB ASHLAND OR/NET30 City Accounts Payable I _----;-=---------12Z----•—f------ --_ ___ ... - "{1'et W_=--W•.:J.:-.-7:---=-----17:5-1:----,- u 7.ftli lifti Ma *F@� -MA5 RV IrA Weighted Cover Pool 1 Weighted cover for Daniel Meyer Pool 1.0 $10,200.00 $10,200.00 Per estimate 3711, dated 07/06/2022 - Note: Goods Agreement Completion date: 03/31/2023 Project Account: E-000706-999 , *************** GL SUMMARY*************** 123000-704200 $10,200.00 I I I I ' r ;72,— .--* -5;=—= I , iA Date: MIL== = By: _ - Auth•ri'Pr 'gnature =,!E:7: ' • $10 200.00 FORM #3 CITY OF . ):21/ ASHLAND A request fir a Purchase order • REQUISITION i 1 frr Date of request: - 12/20/2022 Required date for delivery: Vendor Name Pure Water Aquatics Address,City,State,Zip P.O.Box 465 Wilsonville,OR 97070-0465 0 2-d 7' ,QT?/ r Contact Name&Telephone Number Anthony Valenzuela(877)828-0072 Email address anthony@purewateraquatics.com SOURCING METHOD D Exempt from Competitive Bidding ❑ Invitation to Bid ❑ Emergency O Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization O AMC 2.50 _(Attach copy of council communication) E Written quote or proposal attached O Written quote or proposal attached _(If council approval required,attach copy of CC) • 0 Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon O Direct Award _(Attach copy of council communication) Contract# O Verbal/Written bid(s)or proposal(s) 0 Request for Qualifications(Public Works) 0 State of Washington Date approved by Council: Contract# _(Attach copy of council communication) ❑ Other government agency contract Intermediate Procurement Sole Source Agency OOD ERNES 0 Applicable Form(#5,6,7 or 8) Contract# ' Gre than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement (3)Written bids&solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL ERVI 'S Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than 7:74 and less than ••75 000 Valid until: (Date) Agreement approved by Legal and approved/signed by O Less than "rcr.,000,by direct appointment 0 Special Procurement City Administrator.AMC 2.50.070(4) © (3)Writte, p ••osals&solicitation attached 0 Form#9,Request for Approval 0 Annual cost to City exceeds$25,000,Council O Form'',Perso al Services$5K to$75K 0 Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council:_ Valid until:_ (Date) Description of SERVICES TOTALCOST, Weighted cover for Daniel Meyer Pool $ 9';94.47 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost ❑� Per attached quotelproposal TOTAL COST $ ' Project Number et 0 a 7 0 6. Account Number 1 2 3 0 0 0.7 0 4 2 0 0 9992:47 ll , ov__ Account Number - Account Number - 6mticvir ' `k0 a *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expend6?, Z-A._ei k 7rz IT Director in collaboration with department to approve all hardware and software purchases: / � ,IT Director D to O:i plife: lo a 7 By signing this requisition form,I certify that th-. •'ty's publi contracting requirements have been satisfied. ' , g 649 C (� Employee: Department Head: e %e f', G�'�` /n� (Equal to or greater than '?`�J — I • Department Manager/Supervisor:� (J 4 i!- City Manager: l? ' (Greater than$35,0 0) Funds appropriated for current fiscal year: NO N 1( 2 Finance Director-(Equ I to or greater than$5,000) Date Comments: Form#3-Requisition ' Pure Water Aquatics Estimate P9 Box 465 Wilsonville, OR 97070-0465 Date Estimate# 7/6/2022 3711 Name/Address Ship To Ashland Park Commission Ashland Hunter Park Pool 20 East Main Street Richard Deckelman Ashland,OR 97520 1705 Holmes Ave Ashland,Or 97520 174C Item Description Qty Rate Total _ UNF-70-8651 47129 3000SQF&UP 1212 DLX 3,375 2.65999 8,977.47 WEIGHTED COVER REPLACE EXISTING UF COVERS SINCE 2003 PANEL DIMS:(3)AT 15FT OIN X 75FT OIN,NO CUTOUTS G Freight Estimate • ' rei hChar es 1 added6Etime of Invoicing 1 1,015.00 1,015.00 Subtotal $9,992.47 Oregon CCB# 125440 Sales Tax (0.0%) $0.00 Total $9,992.47 GOODS AGREEMENT CONSULTANT: Pure Water Aquatics CITY OF CONSULTANT'S CONTACT: Anthony Valenzuela ASHLAND 20 East Main Street Ashland, Oregon 97520 ADDRESS: P.O. Box 465 Wilsonville, OR 97070-0465 Telephone: 541/488-5340 TELEPHONE: (877)828-0072 EMAIL: anthony@purewateraquatics.com This Goods Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation (hereinafter "City") and Pure Water Aquatics, ("hereinafter "Provider"), for an Insulated Pool Cover. 1. PROVIDER'S OBLIGATIONS 1.1 Provide Insulated Pool Cover, 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 fqrth 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 defined and described in the"SUPPORTING DOCUMENTS" shall hereinafter be referred to as "Goods." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Goods 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) for each 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; • 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 Goods under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy 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 within sixty (60) days of the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics • 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 up to $10,200.00 as provided herein as full compensation for the Goods 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$10,200.00 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 Goods which would cause thi's maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Goods 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. Provider is obligated to provide the Goods at the rates set forth above during the term of this Agreement unless Provider is unavailable because of prior commitment. City is not obligated to procure any specific amount of goods from Provider, and is free to procure similar goods of 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. Page 2 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics 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. 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 Marion 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 all claims, suits, actions, losses, damages, liabilities costs and expenses of any nature resulting from or 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. 3.11 Deliveries will be F.O.B destination. Provider shall pay all transportation and handling charges for the Goods. Provider is responsible and liable for loss or damage until final inspection and acceptance of the Goods by the City. Provider remains liable for latent defects, fraud, and warranties. 3.12 The City may inspect and test the Goods. The City may reject non-conforming Goods and require Provider to correct them without charge or deliver them at a reduced price, as negotiated. If Provider does not cure any defects within a reasonable time, the City may reject the Goods and cancel this Agreement in whole or in part. This paragraph does not affect or limit the City's rights, including its rights under the Uniform Commercial Code, ORS Chapter 72 (UCC). 3.13 Provider represents and warrants that the Goods are new, current, and fully warranted by the manufacturer. Delivered Goods will comply with SUPPORTING DOCUMENTS and be free from defects in labor, material and manufacture. Provider shall transfer all warranties to the City. 4. SUPPORTING DOCUMENTS 4.1 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 City's Invitation for Bids#,together with any documents incorporated by reference therein. • The Provider's complete written Proposal dated. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control over any conflicting provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the Page 3 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics • SUPPORTING DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 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 Goods that Provider has failed to deliver within any scheduled completion dates or any Goods 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 Exercise of its right of setoff. 5.1.5 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 6.1.1 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 March 31, 2023, unless sooner terminated as provided in Subsection 6.2. 6.1.2 This Agreement may be extended for no more than four(4)additional one-year terms upon mutual written consent of the parties. 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 7.1 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, by mailing using registered or certified United States mail, return receipt requested, postage prepaid, or by electronically confirmed at the address or facsimile number set forth below: If to the City: Ashland Parks and Recreation Attn: Rachel Dials 1195 E.Main Street Ashland, Oregon 97520 Phone: (541)552-2260 Page 4 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics • With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone: (541) 488-5350 Fax: (541) 552-2092 If to Provider: Pure Water Aquatics Attn: Anthony Valenzuela P.O. Box 465 Wilsonville, OR 97070-0465 Phone: (877)828-0072 Email: anthony@purewateraquatics.com 8. WAIVER OF BREACH 8.1 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. 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. 9.3 Any Goods delivered to the City under this Agreement shall be provided to the City free and clear of any and all restrictions on or conditions of its use, transfer, modification, or assignment, and shall be free and clear of any and all liens, claims, mortgages, security interests, liabilities, charges, and encumbrances of any kind. Page 5 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics • " 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: PURE WATER AQUATICS (PROVIDER): By: By: '/� 'fritte4- C- ninisttator Signa //4 ,1.61 fvlec(s fidgifidy ,upice/izA) 64- Printed Name Printed Name go d-g-- S Date Title / 2_ / r 22.— Date LDate Purchase Order No. a-9 is to be submitted with this signed Agreement) APPROVED AS TO FORM: Acting City Aittorney Date Page 6 of 6: Goods Agreement between the City of Ashland and Pure Water Aquatics --''''''..44/ ® DATE(MMIDDIYYYY) AR O CERTIFICATE OF LIABILITY INSURANCE 12/20/2022 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 Service Team NAME: AIMS Insurance Program Managers,Inc. PHONE (602)635-4848 FAX (480)991-0634 (AIC,No.Ext): (AIC,No): 6900 E Camelback Road A DRESS: serviceteam@aimsinsurance.com Suite 800 INSURER(S)AFFORDING COVERAGE NAIC# Scottsdale AZ 85251 ( INSURER A: National Fire Insurance of Hartford 20478 INSURED INSURER B: Transportation Insurance Company 20494 The Anderson Group,Inc.,DBA:Anderson Poolworks INSURER C: The Continental Insurance Company 35289 DBA Pure Water Aquatics INSURER D: 9500 SW Boeckman Road INSURER E: Wilsonville OR 97070 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 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. IY EFF POLICY EXP NSR TYPE OF INSURANCE NSD�wVD POLICY NUMBER (MUBR MILDDYIYYYY) (MM/DDIYYYY) OMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE El OCCUR PREMISES Ea occurrence) $DAMAGE TO RENTED 100,000 MED EXP(Any one person) $ 15,000 A Y 5090784056 01/14/2022 01/14/2023 PERSONAL BADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY 0 PROI- I LOC 2,000,000 JECT PRODUCTS•COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea acident) X ANY AUTO • BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 5090784087 01/14/2022 01/14/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 C X EXCESS LIAB CLAIMS-MADE 7018272558 01/14/2022 01/14/2023 AGGREGATE $ 1,000,000 DED RETENTION$ - $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ri (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE $ E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) This certificate is only a representation of coverage afforded by the insurance companies noted on it. Terms of coverage are defined in the policies(ies] shown and those terms may or may not comply with the requirements of any contract entered into by the named insured. The City of Ashland,Oregon,its officers,agents and employees are afforded additional insured status for this job for this insured only per attached CNA75079XX(10/16)and CNA63359XX (4/12)with respects to general liability and automobile liability,respectively. General liability for this insured is primary to,rather than contributing with,other general liability available to theadditional insured only per attached CNA74987XX(01/15)and CNA63359XX(04/12).Thirty(30)days notice of cancellation applies except for 10 days notice for non-payment of premium.Umbrella is following form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street AUTHORIZED REPRESENTATIVE /�j�,� Ashland OR 97520 e2.1)11-441-11i-.:.7 ._ I ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds ANDERSON POOLWORKS Other, Doing Business As Pure Water Aquatics Doing Business As OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. H. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: 0 A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving,or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications;and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 5090784056 Page 1 of 2 Endorsement No: 23 Nat'1 Fire Ins Co of Hartford Effective Date: 01/1.4/2022 Insured Name:THE ANDERSON GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or. Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or.agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. ' the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 5090784056 Page 2 of 2 Endorsement No: 23 Nat'1 Fire Ins Co of Hartford Effective Date: 01/14/2022 Insured Name: THE ANDERSON GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement I . CONTRACTORS EXTENDED COVERAGE ENDORSEMENT BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No:BUA 5090784087 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 01/14/2022 Endorsement No: 10; Page: 1 of 4 Policy Page: 75 of 155 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Ine,,rcnrc Cart/ince /lffirc Inn recd .mitt-,ite normiccinn CNA Business Auto Policy • Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to • b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No:BUA 5090784087 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01/14/2022 Endorsement No: 10; Page: 2 of 4 Policy Page: 76 of 155 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 c Copyright CNA All Rights Reserved. Includes copyrighted material of the Inc.iranrc Co.,,inoc llffire inn iican ,with itc narmicck.n CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any'one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A.-Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:BUA 5090784087 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01/14/2022 Endorsement No: 10; Page: 3 of 4 Policy Page: 77 of 155 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ©Copyright CNA All Rights Reserved. Includes copyrighted material of the Inenronro Cnrviroe(lffinn Inn ncnrl .n,ith'Ifo normiccinn CNA Business Auto Policy Policy Endorsenient (4) Your employees may know of an accident or loss. This will not mean that,you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to'any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.S.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Policy No:BUA 5090784087 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:01/14/2022 Endorsement No: 10; Page: 4 of 4 Policy Page: 78 of 155 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 ©Copyright CNA All Rights Reserved. Includes copyrighted material of the Inc!.ronrn cars,iroc rlffinn i,r I lCot4 .n,ith Ito .,a.,nicclnn CNACNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 7.O O `d' F- n 0 EP. ImmoN O CNA74987XX(1-15) Policy No: 5090784056 Page 1 of 1 Endorsement No: 27 Nat'l Fire Ins Co of Hartford Effective Date: 01/14/2022 Insured Name: THE ANDERSON GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. • Kariann Olson . From: Rachel Dials Sent Thursday,January 05,2023 6:53 PM To: Kariann Olson Subject: RE:PO for pool cover Attachments: pool cover quotes HI Kari- Please see attached email which includes all of the quotes.We reached out to 3 vendors that we knew had pool covers and they are attached. Let me know if you have any questions and thanks for your help. Best, • Rachel Dials pronouns(she/her) Deputy Director Ashland Parks& Recreation Commission (APRC) Direct Line: 541.552.2260 Original Message From: Kariann Olson<kari.olson@ashland.or.us> Sent:Thursday,January 5,2023 5:20 PM To: Rachel Dials<rachel.dials@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: PO for pool cover • Hello Rachel, , You can place the order. Requisition is NOT included in attachment you can email to vendor. Requisition'is internal doc and will be scanned in with PO packet for PO spreadsheet. PO does include FOB ASHLAND, but it is always best to get it included directly on quote. J Please email me copies of the solicitation and quotes you received so I can include in PO packet. Thank you. Kariann • Kariann (Kari)Olson, Purchasing Specialist City of Ashland Purchasing Office 90 North Mountain Avenue,Ashland, Oregon 97520 541.488.5354 I TTY 800.735.2900 Kari.olson@ashland.or.us - 1 This email transmission is official business of the City of Ashland,and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541.488.5354.. Original Message From: noreply@ashland.or.us<noreply@ashland.or.us> Sent:Thursday,January 05,2023 4:49 PM To: Kariann Olson<kari.olson@ashland.or.us> Subject: Message from "Electric156" [EXTERNAL SENDER] This E-mail was sent from."Electric156" (IM C3000). Scan Date:01.05.2023 16:48:56(-0800) Queries to: noreply@ashland.or.us • 2 • • • Karihnn Olson From: Lonny Flora Sent: Thursday,November 17,2022 1:34 PM To: Tara Kiewel;Rachel Dials Subject: pool cover quotes Attachments: Recreonics Insulation Blanket Quote.pdf;Recreonics pool cover specs 1212 DLX 2007.pdf;Recreonics ThermGard Limited Warranty 2017.pdf;Pure Water Aquatics Quote for Insulating Pool Covers.pdf;RecSupply Insulation Blanket • Quote.pdf Follow Up Flag: Follow up • Due By: Monday,November 21,2022 4:00 PM Flag Status: Completed Here are the pool blanket quotes. All three are for the same product which is a ThermGard 1212 DLX which would be appropriate for our application. I included the Recreonics literature since the other three quotes had the same information as well. It appears Recreonics is the lowest of the three but will verify the quote includes all costs including freight/lift gate delivery/etc.. Lonny Flora, CPRP pronouns (he/him) Recreation Manager, Ashland Parks and Recreation Commission 1195 E. Main St., Ashland , Oregon 97520 desk: 541-552-2250, cell: 541-324-1473, TTY: 800-735-2900 • This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error please contact me at(541)552-2250. • • • • 1 • • RECREONICS INC. 110 CITIE klkrec • _ 4200 SCHMITT AVENUE LOUISVILLE,KY 40213 • Quote Reprint (800)428-3254 FAX(800)428-0133 Quote;#t 0818030 --- INTERNATIONAL(502)456-5706 Customer#-. 0130868 ec eon c FAX(502)458-9777 s� • FED.I.D.#61-1228501 Date 11/17/2022 Km, Your Aquatic Authority http•//www,recreonics.com Page 1 of 1 Quoted To: = •� CITY OF ASHLAND/OR CITY OF ASHLAND/OR 340 S.PIONEER ST 1195 E. MAIN ST ASHLAND,OR 97520-2735 Ashland,OR 97520 • PO/REF , EXPIRES SLP SHIP VIA FREIGHT QUOTED 8Y 11/18/2022 0039 BEST PPD&BILL KEITH KAELIN Ext 423 LONNY FLORA • CT=(541)488-5300 X= C E-Mail: Ionny.flora@ashland.or.us QUOTED TO. OT=541-552-2250 X= 0 E-Mail: Ionny.flora@ashland.or.us xY UNE ITEM DESCRIPTION SiDI.1 QUANTITY RUM F PRICE'' E EN � XT SIO�I 001 60188 D 3,375 EA 2.03 6,851.25 RECREONICS INSULATING POOL BLANKET W/WTG,5 YR, @ SQ FT 002 (3) PANELS 15'X 75' EACH 003 CUT-OUTS ??? • • 004 005 /8002B , 1 EA 885.54 • 885.54 FREIGHT&'HDLG.TO BE PREPAID AND ADDED • 006 VENDOR#221117RIDB1 WITH NOTIFY PRIOR TO DELIVERY&LIFT GATE SERVICE • 007 008 APPROVAL DRAWING WILL BE PROVIDED PRIOR TO . PRODUCTION 009 010 ESTIMATED LEAD TIME 10-14 WEEKS PLUS TRANSIT 011 012 CUSTOM ORDERS ARE NON-RETURNABLE, NON-REFUNDABLE • • • • TX CODE CERTIFICATE# rxTARLE INTERSTATE 0.00 0.00 7,736.79 TO ACCEPT THIS QUOTE PLEASE SIGN,DATE AND EMAIL/FAX TO SALES CONSULTANT KEITH KAELIN AT keithk@recreonics.com OR FAX TO 1-800-428-0133 B F.O.B.-ORIGIN(TAILGATE)FREIGHT,HDLG,SALES TAX, y ETC.,(IF APPLICABLE)ARE ADDITIONAL. • Date: ' QUOTE SUBJECT TO COMPANY TERMS&CONDITIONS. DEPOSIT&MANAGEMENT APPROVAL MAY BE REQ'D. co X00 , 10 r o INSULATED SWIMMING POOL COVER SYSTEMS Pool Blanket Specifications 1212 DLX ThermGard® Description: Floating, non-safety, insulated swimming pool cover used to provide water and chemical evaporation reduction and heat retention. 1.1 Blanket Material , 1.1.1 Three(3) layer composite, laminated material consisting of foam middle layer protected on both sides by a woven outer layer. Finished material shall be blue in color on one side and black on the other. 1.1.2 Outer layers shall be a woven, high-density, ultra-violet stabilized polyethylene substrate coated on both sides with a 1.5 mil polyethylene film. Substrate density shall be measured per square inch. 1.1.3 Middle Layer shall be 0.140"thick(before laminating),cross-linked,2 pound per cubic foot polyethylene foam. 2.1 Physical Properties—Laminated Blanket Material Specification 1212 DLX Units , ASTM Test Method 2.1.1 Weave Density 44 Strands/in.2 N/A 2.1.2 Foam Density 2.0 lbs./cu.ft. N/A a 2.1.3 Foam Thickness 0.140 in. N/A 2.1.4 Tensile Strength 356/314 . lbs. (Warp/Fill) - D 5034 2.1.5 Bursting Strength 555 psi D 751 2.1.6 Tear Strength 77.5/72.4 lbs. (Warp/Fill) D 2261 2.1.7 Thermal Conductivity 0.25 Btu/(hr.)(ft.2)(°Ffin.) N/A 2.1.8 Thickness(prior to lamination) 0.161 in. (±10%o) N/A 2.1.9 'R'Value .569 N/A 2.1.12 Service Temperature -40 to+160 °F N/A 2.1.14 UV Protection Maximum** , ** Industry standard maximum UV Resistance of "More than 90% strength retained after 2,000 hours exposure". 3.1 Manufacturing Processes 3.1.1 Sewing-Two-needle, lock stitch shall be used on all seams. 3.1.2 Reinforced Ends-Two(2)layers of coated, 12x12 woven polyethylene shall be used across each blanket end. 3.1.3 Grommets-Solid brass, rolled rim, spur type, size#4 grommet shall be used at three(3)places along each blanket end. 3.1.4 Grommet Locations - Two (2) additional layers of coated, 12x12 woven polyethylene and one (1) 0.125" thick ABS plastic plate shall be used in conjunction with each grommet. 3.1.5 thread-Polyester,.100%bonded, UV resistant,size 12 thread shall be used throughout blanket. 3.1.6 Weighted Edge (option) - Solid, extruded vinyl (non-metallic) wrapped in two (2) layers of coated, 12x12 woven polyethylene shall be used along the length of each blanket. 3.1.7 Hemmed Edge'(option) -Two (2) layers of coated, 12x12 woven polyethylene shall be used along the length of each ' blanket. . ,UNIVERSAL 914 Westminster Avenue • P.O. Box 3610 FILTRATION Alhambra • California • 91803 • USA INCORPORATED 800-554-2459 •fax ' IC 626-308-9419 www.thermgard.com • • E nor INSULATED SWIMMING POOL COVER SYSTEMS PoOl Cover Limited Warranty UNIVERSAL FILTRATION,INC.warrants ThermGard®,insulated swimming pool covers to be free from defects in materials and workmanship for the specified period from the date of purchase by the original user. Warranty period schedule is'found at the end of this document. UNIVERSAL FILTRATION,INC.will: 1. Repair or replace the defective pool cover or defective portion thereof within 30 days of receipt at their plant. The cost of repair or replacement shall be borne by UNIVERSAL FILTRATION,INC.for the warranty period. 2. Be responsible for the repair or replacement of the defective cover and will not be liable for any direct,incidental or consequential damages,loss or injury arising out of the use or inability to use the product.' 3: Honor no warranties,expressed or implied,other than those herein.written;the team of the warranty may not be amended in any way'unless by an agreement in writing signed by UNIVERSAL FILTRATION,INC. PURCHASER will: • 1. Bear•the sole responsibility for receiving and inspecting all products according to,the information provided in • advance by UNIVERSAL FILTRATION,INC.and industry standard practices regarding freight shipments. , 2. Complete and return to the manufacturer the"Warranty Registration Card"promptly after receipt of the product and be prepared to show in a reasonable manner the date the product was purchased. 3. Be responsible for all freight charges incurred transporting the defective product to and from manufacturer's facility for repairs. • 4. Install the product and use it in accordance with the manufacturer's instructions specifically in regard to the following items: • a. Wash product with fresh water and store out of direct sunlight when not in use. b. Maintain normal pool cleanliness and water chemistry balance. During super-chlorination remove product from water•and leave off until chlorine level has returned to normal.Upon request,PURCHASER shall provide to UNIVERSAL FILTRATION,INC.reasonable proof(such as a daily chemical level chart)that product has not been in place during periods of super-chlorination. • c. Avoid subjecting the product to extreme chemical,heat and stress conditions that result in tears,cuts or other damage;'avoid scraping the cover on abrasive surfaces such as decks or coping. • WARRANTY SCHEDULE: , • Product Warranty Period • 1010 STD ThermGard® 3 years • 1014 RS ThermGard® 4 years 1212 DLX ThermGard® 5 or 6 year Pro-Rated* 1214 XL ThermGard® 5 years • • • The Warranty period listed above is for competition, lap and activity pools • • ' whose normal operating temperature is 90°F-or below. *See attached schedule for Pro-Rated details. To Obtain Service: • Notify your distributor explaining in detail the defect or problem immediately upon discovery. Include telephone number,contact name and address where product is located in all correspondence. Shipping instructions will be provided. Authorized Representative ' • • Brian D.Green • President This warranty gives you specific legal rights. You may also have other rights,which vary from state to state. Any dispute pertaining to this • warranty may be resolved by arbitration pursuant to the rules of the American Arbitration Association. (s...:0 vrt E r 0 INSULATED SWIMMING POOL COVER SYSTEMS Pool Cover Limited Warranty • Pro-Rated Warranty Schedule 5-Year Pro-Rated • Year 1 Full Coverage Year 2 Full Coverage Year 3 Full Coverage Year 4 100% Coverage decreasing to 50%Coverage over the year Year 5 50% Coverage decreaing to Zero Coverage over the year 6 Year Pro-Rated Year 1 . Full Coverage Year 2 Full Coverage Year 3 Full Coverage . Year 4 60% Coverage Year 5 40% Coverage Year 6 20% Coverage Pure Water Aquatics 0 Estimate PO Box 465 Wilsonville, OR.97070;0465 • Date Estimate# 7/6/2022 3711 Name/Address Ship To Ashland Park Commission Ashland Hunter Park Pool 20 East Main Street Richard Deckelman Ashland,OR 97520 1705 Holmes Ave Ashland,Or 97520 174C • • • _ �'u; • DescnPlion �yQty Rate �� Totals s.e3r... UNF-70-8651 47129 3000SQF&UP 1212 DLX 3,375 2.65999 8,977.47 WEIGHTED COVER REPLACE EXISTING UF COVERS • SINCE 2003 PANEL DIMS:(3)AT 15FT OIN X 75FT OIN,NO CUTOUTS ren . � ��2 7Freight Estimate Actual Freight Charges will be added at time of Invoicing 1 1,015.00 1,015.00 • • • • • Subtotal $9,992.47 Oregon CCB#125440 Sales Tax (0.0%) $0.00 • Total $9,992.47 QUOTE ecSupplv• Q # QUOTE QTE044427 Recreation Supply Company PO Box 2757 Page 1/2 Bismarck, ND 58502-2757 • P: 800-437-8072 — BILL TO: — SHIP TO: City of Ashland City of Ashland Parks&Rec-Joy Bannon Lonny Flora, 340 S Pioneer St 1195.E Main St Ashland,OR 97520 _ Ashland,OR 97520 P: (541)488-5340 P: (541)488-5340 F: (541)488-5314 Customer ID Ship Via Sales Rep Terms Document Date Expires B37374 BEST BRAD CREDIT CARD 11/17/2022 11/24/2022 Quantity UOM Item Number Description Unit Price Extended Price 3,375 SF ]]12X1253 DROPSHIP:THERMGARD INSULATED DELUXE BLANKET- 2.30 7,762.50 WEIGHTED EDGE 3 PANELS 15'X 75' r � • • • LEAD TIME EST 10-12 WKS AFTER APPROVAL OF DRAWING Subtotal 7,762.50 Misc 0.00 • Tax 0.00 Freight 830.04 Trade Discount 0.00 Total $8,592.54 • Recreation Supply Company . •. Terms and Conditions of Quotation Effective Date:This agreement is effective when accepted by Recreation Supply Company(hereafter referred to as"RSC"). Quotation shall be contingent upon acceptance of these Terms and Conditions. - - • Prices and Quantities:Every effort has been made to be accurate and complete in the preparation of the Quotation. However,verification of all items,quantities and specifications shall be the responsibility of the Purchaser. The quotation is limited to the itemized list of equipment on the attached schedule. If a discrepancy exists between our quotation and an itemized bill of materials in either plans or specifications,any additional items or excess quantity will be called for as"optional extras." If prices are given for each individual item,only the unit prices are binding.'Extensions and additions are subject to correction for mathematical errors. No changes,additions,or deletions will be made except by written request and will require a resubmission of our quotation. The prices in this quotation are contingent upon shipment of the entire list of equipment within the period noted in the Quotation. If shipment is delayed beyond this period at the Purchaser's request,prices will be subject to renegotiation. • . Partial Shipments:Partial shipments will be made at the request of the Purchaser. Billing for items shipped will be made immediately thereafter and,are subject to the terms noted. Freight,Taxes and Additional Charges: Purchaser is responsible for all shipping and packaging charges. Next Day,Second Day or other special handling for rush shipments is available on request at the purchaser's expense. All unloadingand storage charges shall be the responsibility.of the Purchaser. Our freight carriers cannot deliver to P.O. boxes. A delivery contact name and telephone number must be provided with each order. Sales tax will be charged on deliveries to states where we are required to collect sales tax'unless purchaser furnishes valid tax exemption documentation to RSC prior to purchase. This quotation is limited to the furnishing of material only,and unless otherwise noted,no installation costs will be assumed by RSC..RSC is a vendor and not a subcontractor.Consequently no retained percentages will be allowed and invoices 'will be payable in full according to our stated;terms. No back charges by Purchaser will be honored unless approved in writing by an authorized representative of RSC. Delivery:The delivery terms shall be"FOB origin"Seller's warehouse,unless otherwise specifically agreed in writing:The delivery date,if provided,is contingent upon Purchaser's acceptance of this quotation in writing on or before the date specified and any such delivery date set forth is an approximate delivery date,not a guarantee of a particular delivery date,and subject to reasonable extensions. Seller's only obligation with respect to the delivery of the materials sold is to undertake its best efforts to insure delivery by the date set forth herein. Freight Claims: • It is the purchaser's responsibility to inspect goods immediately upon receipt. RSC is not responsible for goods damaged or lost in transit. Recovery claims must be filed with the carrier by the purchaser within the time limit allowed by such carrier. The loss or damage claim should be noted on the original copy of the freight bill by the receiver. Payment for Products and Services: Except as otherwise provided on the quotation,payment for the products described in the quotation shall be due 30 days after date of invoice by RSC unless paid for by credit card,in which case the credit card will be charged prior to shipping.Payment of invoices with Net 30 terms shall be made by company check,money order or bank transfer.A late charge will be assessed on any past due amount at the rate of 1%%per month or the maximum rate permitted by applicable law, whichever is less. Limitation of Liability:Seller's liability shall be limited to,at Seller's sole option,either correction,replacement,or prorated refund of contract price of any of the materials proven to be defective,provided that Purchaser give notice in writing and produce satisfactory evidence of any such defect promptly upon delivery and in any event within ten(10)days J after date of delivery. Seller shall have no other liability fog damages,direct or indirect,general special or consequential,or for any expense,damage or loss of any nature whatsoever,'including any penalty or liquidated damages to Purchase or any other person,firm or corporation. Failure of Purchaser to provide notice of defect within ten(10) days after delivery of completion of installation,if applicable shall constitute an irrevocable acceptance of the materials and workmanship,and an admission that the materials • and workmanship fully comply with all terms,conditions and specifications of this agreement. Seller's maximum liability shall not,in any case,exceed the purchase price attributable to the equipment claimed tobe defective or unsuitable. Seller shall not be responsible for the suitability,performance,adequacy,accuracy or legality of Purchaser's designs,any plans and specifications applicable to the project,or engineering. Any description of the materials contained or in the equipment schedule attached and is for the sole purpose of identifying them,isnot a part of the basis for the bargain,and does not constitute a warranty that the materials shall conform to that description. No affirmation of fact or promise made by the Seller,whether or not in this agreement,shall constitute any warranty that the materials will conform to any promise except otherwise stated. No agent or representative of Seller has any authority to bind Seller to any affirmative representation or warranty concerning any materials sold without the prior written approval of a duly authorized officer of Seller. Seller makes no warranty,express or implied,that the equipment sold is fit for any particular purpose,and Seller disclaims any warranty of merchantability. Purchaser shall hold Seller harmless,and indemnify Seller,against any claim brought against Seller for infringement of any patent,copyright,trademark, proprietary interest,process or formula arising from Seller's use of designs,plans,engineering,processes,or formulas supplied,determined or requested by Purchaser. • Contingencies: Every effort will be made to meet the delivery requirements of the Purchaser.However,RSC will not be liable for any delay caused by governmental authority or regulations,inability to obtain materials,delays in transportation,strikes,fires,or acts of God. • General: This quotation shall not be binding on Seller until accepted at the General Office of Seller,by a duly authorized officer. ,This quotation,when signed by Purchaser,is subject to the approval of Seller's Credit Department and subject to the return by Purchaser to Seller of the completed Credit Application. This agreement and any'written amendments shall be binding upon the Seller and Purchaser,their heirs,assignees,personal representatives and successors in interest. If Purchaser does not comply with the terms and conditions set forth herein,then,in addition to all other remedies available to the Seller at law or in equity,.Purchaser shall also be liable to Seller for Seller's attorneys fees,costs and expenses incurred in enforcing the terms and conditions of this agreement. This agreement shall be governed by the laws of the State of North Dakota. • --