Loading...
HomeMy WebLinkAbout2022-045 PO 20220353- Abraham Contracting Inc Purchase Order .wil . ...• ' ,� �,,, ,� Fiscal Year 2022 Page 1 of: 1 CITY PEC'Ow" DER , �j - L. - B City of Ashland ��� a+ - . i_of r p p to AEU6 I ATTN: Accounts PayableL 20 E. Main Purchase y TAT L Ashland, OR 97520 , Order# 20220353 T Phone: 541/552-2010 O Email: payable@ashland.or.us V S C/O Parks Department E ABRAHAM CONTRACTING, INC. H Admin Office N 6152 RIVERBANKS ROAD I 340 South Pioneer DO P Ashland, OR 97520 GRANTS PASS, OR 97527 T Phone: 541/488-5340 R o Fax: 541/488-5314 L16MFI0i(ELi�g� ...Eg,§IE:ry C 1-,-ie44.. _Iffe 41 1 �v + .—.. -- (541) 660-7281 _ Michael Black _ F'8 e GLflU �leN----'=61:—s1 V-,-IB = alb ..-y.- — �F- 3 ,' a- d � ,r -€� e e e'-- i r`r_�!8 nl¢j ,5�1 -- -- ,- �I YI �'s_i i l: a1_ { 06/09/2022 1037 FOB ASHLAND OR/NET30 City Accounts Payable M � _-1 e4i:irtfg.tea.rte.—— - -2T .. = : , —- z 6)1, a �F t--_-- Fuels Reduction 1 Fuels reduction on APRC managed lands 1.0 $10,000.00 $10,000.00 Goods and Services Agreement(Less than $35,000) ' Completion date: 06/30/2023 Project Account: *************** GL SUMMARY*************** 127000-602325 $10,000.00 I I I I By: / Date: V `` ii._-S_:-.7:4-.I1-.-Ii:_=R-__... ..,, ,Z____. laktitr_g4-4.471-71. -__ Author ed Signature 9 _ i E �_ '_ :.. 10 000.00 r• , - i cE)i ' o • ff/ • (b. .. _ . 1 ! 1i : F.l * :%'2h L'T�T.A'. Pyyp�/) 2U 4 �YI[ Sink\Di ° EUI QTH tit bate of request: .08/01/2022 • - • •Required.date:for delivery: Vendor Name Abraham Contracting,Inc., Address,City,State,Zip 6152 Riverbanks Road.Grants PAss OR 97.527 ColitactName&Telephone-Number Mike Jones(54i)660=7281 Email address i mikel@abrahamcontracting,com SOURCING•ME'THOD ❑ Exempt from Competitive Bidding' 0 Emergency t ❑ Reason for exemption: ❑ Invitation to Bid 0 'Form#13,Written findings and Authorization ❑ AMC; •2;50 Date approved by Council j] Written quote or proposat attached • t 0 Written quote:or proposal.attached _,(Attach copy (Ifcouncil approval required,attach copy of CC) t r :❑ -Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 ' Date approved by Council ❑ State of Oregon 0 Di 'cl Award (Allacii copy'olcouncil communication)' Ccntract# ▪ rbal/Wrilten 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) . 0 'Other governmentagency cc_iitract Intermediate Procureme Sole Source' Agency GOODS&'S ❑' Sole able;Form(#5 6,7;er.8) Contract# • t er than$5,000 and less than 100 000 0 Written quote or proposatattached intergovernmental.(3)Written bids;"solicitation attached 0 Form#4,Personal Services.$5K'to$75K° Agency • ERSONAL ERV. ES ❑ Special"Procurement ❑: Annual cost.to Ctlydoes not.exceed$25,000; A Greater than e00 endless than$75,000 ❑ Form#9,Request for Approval Agreement approved by Legal and approved/signed by • It 0' O. Less than 035,000,by direct appointment 0 Written quote:or proposal;attached • City Administrator.AMC,250 070(4) ' Annual cost to Cityexceeds$25000 Council 0 .(3)Writ-n ouoposals&solicitation attached` Date approved by Council ❑ ' ' .t]- Form.,,,Per nal Services$5K to$75K Valid until:. ' (Date) approval required,(Attach copy of couhcil coritmur ication). Des iption • SERVICES Total Cost ) File.Reduction on APRC'managed Lands 10,000 00 Hein# Quantity . Unit Description of MATERIALS Unit Price • Total Cost • • El Per attached quote/propose' TOTAL ZOST• Project Number' •_ _ Account Number'1 a t o ;o ,(1.6;:0_,,_ a z,5 10,000 ' • Account Number . •- — — — — Account Number "Expenditure must becharg�ed to the:appropriate account numbers:forthe financials to accurately reflect,the:actual expenditures • IT-Director in collaboration.with department to approve all hardware and softwarepurehases;.- • ` Bysi g nin':'this requisition form,l'certil thaf the Cit 's publicontracting requirements have:been.sa 17 Dtreciiat Date' Support=Yes I No 9 g 9 Y � y tistied: . .,_ __-.q t Employee: ',772>i-a. ./ e4.4aa DepartmenfHead • ' ;(Equal to orgreatertf an$5,0.00) Department ManagerlSupervisor: City Administrator: (Equal to Or greater than$25,000) V , Funds appropriated for current'fiscal year: YES/NO &iZ (_//� / June 6,2022 Finance-Director={Egtial.ta orgreatar,than$s,00t1 Date. • Comments: ... . 'Font 113-Requisition Kariann Olson From: Tara Kiewel Sent: Tuesday,June 07,2022 8:02 AM To: Kariann Olson Subject: Re:Abraham Contracting PO Request Got it. rc'xe,1" Administrative Analyst Ashland Parks&Recreation Commission 340 S.Pioneer St.,Ashland,OR 97520 ' Tel:541-552-2257 Fax 541-488-5314 - www.ashlandparksandrec.org 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 541-552-2257. Thank you. From: Kariann Olson<kari.olson@ashland.or.us> Sent: Monday,June 6, 2022 11:01 AM To:Tara Kiewel<tara.kiewel@ashland.or.us> Cc: Kariann Olson<kari.olson@ashland.or.us> Subject: RE:Abraham Contracting PO Request Hello Tara, Got it! You checked "direct appointment for Personal Services less than$35,000". This type of service is NOT Personal Services. It is Goods&Services,which ideally would require an Intermediate Procurement(Written Solicitation &3 Bids). Thank you. Kariann Olson Purchasing Specialist City of Ashland 90 N. Mountain Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us 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.Thank you. From:Tara Kiewel<tara.kiewel@ashland.or.us> Sent: Monday,June 06,2022 9:55 AM • To: Kariann Olson<kari.olson@ashland.or.us> Subject:Abraham Contracting PO Request 1 • Hi Kari, Attached is a request for PO for Abraham Contracting • Tcc trcv KCaweb Administrative Analyst Ashland Parks&Recreation Commission 340 S. Pioneer St.,Ashland,OR 97520 Tel:541-552-2257 Fax 541-488-5314 • www.ashlandparksandrec.org 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 541-552-2257. Thank you. From: k.p.d. Insurance LLC<mail-server@csr24.email> Sent:Thursday,June 2,2022 1:20 PM To:Tara Kiewel <tara.kiewel@ashland.or.us> Subject: Proof of Insurance for Abraham Contracting, Inc. [EXTERNAL SENDER] • Showing Additional Insured on GL&Auto • • • • • • • • • • • • • • • • 2 • Kariann Olson From: Kariann Olson • Sent: Monday,June 06,2022 11:01 AM To: Tara Kiewel Cc: Kariann Olson Subject: RE:Abraham Contracting PO Request • Hello Tara, Got it! You checked "direct appointment for Personal Services less than$35,000". This type of service is NOT Personal Services. It is Goods&Services,which ideally would require an Intermediate Procurement(Written Solicitation&3 Bids). Thank you. Kariann Olson • Purchasing Specialist City of Ashland 90 N. Mountain. Ave. Ashland, Oregon 97520 Tel 541-488-5354 Fax 541-488-5320 TTY 800-735-2900 • kari.olson@ashland.or.us Visit the City's web site at: www.ashland.or.us • 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.Thank you. From:Tara Kiewel<tara.kiewel@ashland.or.us> Sent: Monday,June 06,2022 9:55 AM To: Kariann Olson<kari.olson@ashland.or.us> Subject:Abraham Contracting PO Request Hi Kari, Attached is a request for PO for Abraham Contracting Tcc rer/Kie vola Administrative Analyst Ashland Parks&Recreation Commission 340 S. Pioneer St.,Ashland,OR 97520 Tel:541-552-2257 Fax 541-488-5314 www.ashlandparksandrec.org 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 541-552-2257. Thank you. From: k.p.d. Insurance LLC<mail-server@csr24.email> • Sent:Thursday,June 2, 2022 1:20 PM • 1 • To:Tara Kiewel<tara.kiewel@ashland.or.us> Subject: Proof of Insurance for Abraham Contracting, Inc. [EXTERNAL SENDER] Showing Additional Insured on GL&Auto 2 Abraham Contracting,Inc. Estimate 6152 Riverbanks Rd Grants Pass OR 97527 (. Date Estimate# 5/20/2022 171 • Name/Address APRC Ashland Parks and Rec. 340 S Pioneer St Ashland,Oregon 97520 Project Description Qty Cost Total Fuels treatment within the City of Ashland. work areas will be 0.00 0.00 identified by Ashland City Representatives.Scope of work will include blackberry removal and small diameter trees and brush. Additional work such as assisting with pile burning at the direction of Ashland City representatives will also be performed, work may also include assisting in the removal of trees identified by Ashland City representatives,Abraham Contracting may at its discretion choose not to fell any trees it deems as to hazardous. All work will be done on an hourly rate of 42 dollars per hour per employee,daily rate will be based on an 8 hour work day.Crew would consist of 4 person crew on average(1344.00 per day at that crew size.) additional employees can/may be added at an additional 336.00 per day or 42.00 per hour. Abraham Contracting will provide equipment for the removal of blackberries and brush(chain saws fuel oil,and all necessary personnel protective equipment.Abraham Contracting,per request may provide Type 6,and or a type 4 wildland engine if needed.Equipment would be negotiated at a separate rate. Total moo . i I ' • GOODS AND SERVICES AGREEMENT(LESS THAN $35,000) r • paN PROVIDER: Abraham Contracting, Inc. . 1, ` ' /i`�v 1 i: , ' •: a PROVIDER'S CONTACT: Mike Jones ,'1, , c. ."' ••,,: a uctIP �� ADDRESS: 6152 Riverbanks Road Grants Pass,OR 97527 20 East Main Street • Ashland,Oregon 97520 • PHONE: 541-660-7281 • Telephone: 541/488-5587' i Fax: 541/488-6006 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of 4° Ashland, an Oregon-municipal corporation (hereinafter "City") and Abraham Contracting, Inc., a domestic business corporation("hereinafter"Provider"),for wildfire fuels reduction,including cutting specified vegetation in and surrounding Ashland. s 1. PROVIDER'S OBLIGATIONS . 1.1 Provide wildfire fuels reduction services, including cutting, piling, of evasive weeds from Parks Commission lands,as directed by City staff 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 C extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described.in the "SUPPORTING4 DOCUMENTS"shall hereinafter be collectively referred to as"Work." . 1 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 I° million dollars)per occurrence for Bodily Injury and Property Damage. ' 1,2.I 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 a Automobile Liability;and . • Workers' Compensation. • 1.2.2• Each policy of such insurance shall be on an "occurence" and not a"claims made"form,and • shall: a 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 1 • • 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; a Apply as primaiy 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; o Provider shall immediately notify the City of any change in insurance coverage i i Pagel of5: Goods and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,Inc. JJ ® Provider shall supply an endorsement naming the City,its officers,employees and agents as additional insureds by the Effective Date of this Agreement; and 6 Be evidenced by a certificate or certificates of such insurance approved by the City. 1.3 Provider shall,at its own expense,maintain Worker's Compensation Insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject workers. • 1.4 Provider agrees that no person shall, on the grounds of race,•color, religion, creed, sex, inarital 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 Mt of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirements: If the amount of this Agreement is $24,050.68.or more, Provider is • required to comply with Chapter 3.12 of the Ashland,Municipal Code by paying a living wage,as defined in that chapter,to all einployees performing Work under this Agreement and to any Subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as`Exhibit A"predominantly in areas where it will be seen by all employees.• 1.7 Assignment: Provider shall not assign this Agreement or subcontract any portion of the Work to be !• provided hereunder without the prior written consent of the City. Any attempted assignment or ' . subcontract without written consent of the City shall be void. Provider shall be fully responsible for the l ' acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval 1 I by the City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and the City. 2: CITY'S OBLIGATIONS 1 2.1 City shall pay Provider the sum of$10,000 (ten thousand dollars) billed as an hourly rate of$42.00 (forty-two.dollars) per person per hour for a$1344.00 (thirteen hundred and forty-four dollars) 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$10,000 (ten thousand dollars) 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. • . Page 2 of 5: Goods and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,inc. • l , • , / • I 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 1. 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 1 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 27913.220, 27913,230 and 279B.235. • 1' 1 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 1 1 expressly consents that, upon motion of the other party, any case may be dismissed or its venue 1 transferred,as appropriate,so as to effectuate this choice of venue, 1 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 : 1 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 i caused by acts of Gad,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. i 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 prevision 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.0.13 destination. Provider shall pay all transportation and handling charges for the 11 • Goods.Provider is responsible and liable for loss or damage until final inspection and acceptance of the - i 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 1 ! 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 • Page 3 05: Goods and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,Inc. • E I 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 Iabor,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:" O The Provider's complete written proposal dated May 25,2022. • 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 • 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 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 declaratoiy 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 ofthis 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, 2023, unless sooner terminated as provided in Subsection 6.2. • 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 - • Page 4 of 5: Goods and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,Inc. gg fi it • 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 hil address set forth below: t If to the City: , Ashland Parks and Recreation Commission . Attn:Michael Black, Director - ,. 20 E.Main Street • ' Ashland,Oregon 97520i Phone: (541)552-2256 `I J i. r With a.copy to: ft City of,Ashland---Legal, , . . . • R c •20 E.Main Street . I Ashland,`OR 97520 ' . • i 1` Phone:'(541)48875350 If to Provider: Abraham Contracting,Inc. Attn:Mike Jones ' . 6152 Riverbanks Road . Grants Pass,OR 975827 Phone: (541)660-7281 ii . 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 • t 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: (1) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS . chapters 316,317, and 318; s (ii) Any tax provisions imposed by a political subdivision of the State Of Oregon applicable to f . Provider; and (iii) Any rules,regulations,charter provisions, or ordinances that implement or enforce any•of •q the foregoing tax laws or provisions. i • 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 Iimited 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 5 of 5: Goods and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,Inc. - s } • • • • • . • 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: Abraham Contracting,Inc. (PROVIDER): kf By: By ,� WLG�._ • Signature S' iature • ��cii/1 0l n�f J Z Cif�- t • Printed Name Printed Name • ii Title - itle . . 6/ c � r. DP-/_7_0.1__ to Date • (W-9 is to be submitted with this signed Agreement). �. • Purchase Order No, I ii • • I • I • •i i • • • ft Pae;6 of 5: Goods'and Services Agreement between the City of Ashland and City of Ashland and Abraham Contracting,Inc, 1 • i • A`CPR D. • ' CERTIFICATE OF. LIABILITY INSURANCE DATE(MM!DD2) 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). PRODUCERCONTACT KPD Insurance •• PHONE Lisa M.Smith FAX PO Box 784 (A/C.No.Ext):541-741-0550 (A/C,No):541-741-1674 Springfield OR 97477 ADDRESS: lisas@kpdinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Arch Insurance Company 11150 INSURED ABRAOIC INSURER B Abraham Contracting, Inc. • INSURERC: 6152 River Banks Rd Grants Pass OR 97527 INSURERD: INSURER E: INSURER F: .. COVERAGES CERTIFICATE NUMBER:1765810405 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) • A X COMMERCIAL GENERAL UABILITY Y MWPK07678304 6/1/2022 6/1/2023 EACH OCCURRENCE $1,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 — r GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY . Y MWPK07678304 6/1/2022 6/1/2023 COM{EaaccBINEDSINGLEident) LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) l $ A UMBRELLA LIAB X OCCUR MWUM07701801 6/1/2022 6/1/2023 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN PER ER OTH- ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? (Mandatory In NH) / E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater DLIML2570102 6/1/2022 6/1/2023 "All Risk" $252,226 $500 Deductible • Actual Cash Value DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Ashland is Additional Insured per form CG2026 12 19. 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. City of Ashland / 20 E Main AUTHORIZED REPRESENTATIVE Ashland OR 97520 • I }� ©1.988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: • COMMERCIAL GENERAL LIABILITY CG 20 26 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of:Additional Insured Person(s)Or Organization(s): Information required to Complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for"bodily injury", "property If coverage provided to the additional insured is damage or "personal and advertising injury" required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting , amount of insurance: on your behalf: 1. In the,performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the Declarations. insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are • required by the contract or agreement to provide for such additional insured. CG 20 26 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 • • A9RD® ' CERTIFICATE OF LIABILITY.INSURANCE DATE(MM/DD/YWY) 2/24/2022 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(les)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 KPD Insurance,Inc. NAME: PO Box 784 tA/C.o.EXn:541-741-0550 FAX,No:541-741-1674 Springfield OR 97477 • ADDRESS: wc-certs©kpdinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:SAIF Corp 36196 INSURED ABRACONO2W INSURER B: Abraham Contracting,Inc. INSURERC: 6152 River Banks Rd Grants Pass OR 97527 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1903358328 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP • INSD WVD . POLICY NUMBER (MMIDDIYYYY) IMMIDD/VYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $• PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY PRO- n JET LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accldenE ANY AUTO • BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ED _AUTOS AUTOS ONLY _AUTOSNLY (NON-OWNED Per PROPERTY $ UMBRELLA LIAB I OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ $ A WORKERS COMPENSATION 986645 7/1/2021 7/1/2022 X PER X 2111.14- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 /M OFFICEREMBEREXCLUDED? I I (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space la required) RE:All Operations • 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. City of Ashland 20 E Main AUTHORIZED REPRESENTATIVE Ashland OR 97520 Atidat, • ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD