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HomeMy WebLinkAbout2022-078 PO 20230100- Superior Fencing LLC Purchase Order WA1 FiscalyAYear 2023yPage: 1 of: 1 CIT\ CO�� v B_. Y 3 tirl Q.-J �. E'yS�q�I[ B City of Ashland !!! � ti� g°� � � I ATTN: Accounts Payable L 20 E. Main Purchase 20230100 Order* L Ashland, OR 97520 T Phone: 541/552-2010 O Email: payable@ashland.or.us V H C/O Facilities Maintenance Div ESUPERIOR FENCING LLC I 90 North Mountain Ave 2232 RIDGE WAY p Ashland, OR 97520 O MEDFORD, OR 97504 PhoOT Faxn541/552-2304458 R n �tOni ( l y4 IgT1 - [E3 as 1� (541) 890-6266 David Arnold =v g tJl �� 008/10/2022 1228 FOB ASHLAND OR City AccountsP:ayable , ;' AS_ 1 ITI__ _ Fencing/Gate Repairs 1 Fencing and gate service and repairs 1.0 $5,000.00 $5,000.00 Goods and Services Agreement($35,000 or Less) Completion date: 06/30/2023 Project Account: ***************GL SUMMARY*************** 088400-602400 $5,000.00• I • • _ AR_ of - . By: Date: 3 / Aut orized 602400 $5ka m - $5 000.00 , FORM #3 D / O i j--z9 CITY OF j A re ties fora Purchase r)f'cler ASH LAN D REQUISITION Date of request: 8/2/2022 • Required date for delivery: Vendor Name Superior Fencing LLC Address,City,State,Zip 4843 Table Rock Road.Central.Point,OR 97502 . Contact Name&Telephone Number Kevin Bernhardt 541-890-6266 superiorfencingllcegmail.com Email address SOURCING METHOD _ ❑ Exempt from Competitive Bidding ❑ Invitation to Bid 0 Emergency ❑ Reason for exemption: Date approved by Council: 0 Form#13,Written findings and Authorization ❑ AMC 2.50 _(Attach copy of council communication) ❑ Written quote or proposal attached ❑ Written quote or proposal attached (If council approval required,attach copy of CC) . ® Small Procurement 0 Request for Proposal Cooperative Procurement Not exceeding$5,000 Date approved by Council: 0 State of Oregon • ® Direct Award _(Attach copy of council communication) Contract# ❑ Verbal/Written quote(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 government agency contract Intermediate Procurement 0 Sole Source Agency GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) Contract# Greater than$5,000 and less than$100,000 0 Written quote or proposal attached Intergovernmental Agreement ❑ (3)Written bids and solicitation attached 0 Form#4,Personal Services$5K to$75K Agency PERSONAL SERVICES Date approved by Council: 0 Annual cost to City does not exceed$25,000. Greater than$5,000 and less than$75,000 Valid until: (Date) Agreement approved by Legal and approved/signed by ❑ Less than$35,000,by direct appointment ❑ Special Procurement City Administrator.AMC 2.50.070(4) ❑ (3)Written proposals&solicitation attached ❑ Form#9,Request for Approval ❑ Annual cost to City exceeds$25,000,Council ❑ Form #4,Personal Services$5K to$75K ❑ Written quote or proposal attached approval required.(Attach copy of council communication) Date approved by Council: Valid until: (Date) Description of SERVICES Total Cost Fencing/Gates Service and Repair for FY23 .$,5.;00.0:00 ' Item# Quantity Unit Description of MATERIALS Unit Price Total Cost 1 • $0 $0.00 $0 $0.00 $0 $0.00 ElPer •attached quotelproposal TOTAL:COST Project Number: -_ _ Account Number:088400-602400 $;$000 *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to ove II hardware and software purchases: IT Director Date Support-Yes/No By signing this req� ition form,I certify that the City' public c tracting requirements have been satisfied. Employee: .1/fs %� ' Department He."; irlillim.._ gt•t 3• Z.B2-1-- 1 �,qual or greater than$5,000) Department Manager/Supervisor: ity Manager: ' . N (Greater than$35 1.'0Funds appropriated for current Oscal year: /NO .0 /4 .�Finance Director-(Equal to or greater than$5,000) Date 9 Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT ($35,000 OR LESS) PROVIDER: Superior Fencing LLC CITY OF PROVIDER'S S H LAN D CONTACT: Kevin Bernhardt 20 East Main Street Ashland,Oregon 97520 ADDRESS: 4843 Table Rock Road Telephone: 541/488-5587 Central Point,OR 97502 Fax: 541/488-6006 PHONE: 541-890-6266 This Goods and Services Agreement (hereinafter "Agreement") is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and Superior Fencing LLC, (a domestic/foreign business corporation) ("hereinafter"Provider"),for fencing and gate services. 1. PROVIDER'S OBLIGATIONS 1.1 Provide fencing and gates service and repairs for FY23 as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS,and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The services defined and described in the "SUPPORTING DOCUMENTS" shall hereinafter be collectively referred to as "Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder,a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 (two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an"occurrence" and not a"claims made" form, and shall:. • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased • Apply as primary coverage for each additional named insured.excePt to;tlieA tent•that two or more such policies are intended to "layer" coverage and,talsen� ;;g er,-.they-provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in instince,.coverage • Provider shall supply an endorsement naming the City,its officers, nployees and agents as additional insureds by the Effective Date of this Agreement; and Page 1 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC 3 • 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, 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. 1.6 Living Wage Requirements: If the amount of this Agreement is $22,310.46 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 employees 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 acts or omissions of any assigns or subcontractors and of all persons employed by them,and the approval 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 2.1 City shall pay Provider the hourly rates effective 7/26/2022 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$5,000 (this is maximum, not to exceed amount of ENTIRE Agreement) without express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing, Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. Page 2 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC 3,2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to,and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement, 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations,and representations between the parties, whether written or oral. 3.5 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.6 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.7 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon.- Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. 3.8 Provider shall defend,save,hold harmless and indemnify the City and its officers,employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. 3.9 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God,strikes,lockouts,accidents,or other events beyond the control of the other or the other's officers,employees or agents. 3,10 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the'other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable,preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 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). • Page 3 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC 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 Provider's complete written Proposal dated July 26,2022. 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 declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately anyexcess 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 j written notice if the cause is not cured within that fourteen (14) day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or Page 4 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC by mailing using registered or certified United States mail, return receipt requested,postage prepaid, to the address set forth below: If to the City: City of Ashland—Facilities Maintenance Department Attn: David Arnold 20 E. Main Street Ashland, Oregon 97520 Phone:(541)552-2292 With a copy to: City of Ashland—Legal Department 20 E. Main Street Ashland, OR 97520 Phone:(541)488-5350 If to Provider: Superior Fencing LLC Attn: Kevin Bernhardt 541-890-6266 8. WAIVER OF BREACH One or more waivers or failures to object by either party to the other's breach of any provision,term,condition, or covenant contained in this Agreement shall not be construed as a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall, throughout the term of this Agreement, including any extensions hereof, comply with: (i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316,317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 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. ( Page 5 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC • 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: Superior Fe cing LLC(PROVIDER): By: By: iV/)4 t e Signature && W%3 11 e_U10. l3aphYtot!`ar- I Printed Name Printed Name pv rapLA s b t¢mac n � C yrL t) Title Title Date Date (W-9 is to be submitted with this signed Agreement) Purchase Order No. Page 6 of 6: Goods and Services Agreement between the City of Ashland and Superior Fencing LLC Proposal & Invoice SUPERIOR FENCING, 'Lc C.C.B.#165012 l Craig Robinson&Kevin Bernhardt 2232 Ridge Way Medford,OR 97504 • (541)890-6266 or(541)951-2500 Fax:(541)734-9778 i 4/ O /// ,/ 7.��- a2 2 PROPOSAL SUBMITTED TO PHONE DATE STREET JOB NAME • CITY,STATE AND ZIP CODE JOB LOCATION • We hereby submit specifications and estimate for: C/ 6e..keke/a5 7/f^-e-e, 42" 1 t 466e,-..5*rr..5* X4-4 /e %r'e e mfr ,1// Pc/Le s .¢ e_ .e A h•tD,r- e,,3�y • We propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: dollars($ ). Payment to be made as follows: '/Z to be paid at start of project.Remaining balance due upon completion. All material Is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes, accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance.This proposal is also subject to all terms and conditions contained on the reverse side hereof. Superior Fencing is not responsible for any damage to Authorized �9)�n 411•Aorzel, unlocatable utilities including water lines and sprinkler pipes. Signature "'w II' l • Also Superior Fencing does not get permit,all permits and fees x. Note:Thisro osalma be withdrawn are customer's responsibility.Superior Fencing does not haul l� p y away dirt that comes from digging post holes. by us if not accepted within days. Acceptance of Proposal.All prices,specifications and condition are satisfactory and are hereby accepted.You are authorized to do the Signature work as specified.Payment will be made as outlined above.I have read the entire contract and agree to its content. Date of Acceptance: • AccoRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/l'YYY) 04/20/2022 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 Tami Armstrong NAME: Ashland Insurance Inc IA/C.No,Ext): (541)857-0679 (AAX Na): (541)857-9883 801 O'Hare Parkway,Ste 101 EMAIL ADDRESS: tarmstrong@ashlandinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# ' Medford OR 97504 INSURER A: SAIF Corporation 36196 INSURED INSURER B: Superior Fencing LLC INSURER C: 2232 Ridge Way INSURER D: INSURER E: Medford OR 97504 INSURERF: COVERAGES CERTIFICATE NUMBER: CL2192012318 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 AUDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYW) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO S CLAIMS-MADE n OCCUR PREMISES(EaENTED occurrence) $ MED EXP(Any one person) $ PERSONAL 8ADVINJURY $ • GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S POLICY JET LOC PRODUCTS-COMP/OP AGG $ OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER A ANY PROPRIR/PARTNER/EXECUTIVE Y N/A 754062 09/01/2021 09/01/2022 E.L.EACH ACCIDENT $ 500,000 OFFICERlMEMBMBER EXCLUDED? (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) This form is subject to policy terms,conditions and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Superior Fencing LLC ACCORDANCE WITH THE POLICY PROVISIONS. 2232 Ridge Way AUTHORIZED REPRESENTATIVE Medford OR 97504 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD '�R® CERTIFICATE OF LIABILITY INSURANCE DATE(M 0/2022YY) o4raorzozz 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 POUCIES 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 poiicy(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 FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER HOME OFFICE:P.O.BOX 328 (A/C,No, Ext):888-333-4949 FAX No):507-446-4664 OWATONNA,MN 55060 ADDRESS:CLIENTCONTACTCENTER(aFEDINS.COM INSURER(S)AFFORDING COVERAGE NAIL/ INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 378-466-7 INSURER B:FEDERATED SERVICE INSURANCE COMPANY 28304 SUPERIOR FENCING LLC INSURER C: 4843 TABLE ROCK RD CENTRAL POINT,OR 97502-3155 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:12 REVISION NUMBER:0 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 rygR Sly POLICY NUMBER (INMIDID/YYYY) (FF MM/DD YY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS-MADE n OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(My one person) X BUSINESS OWNER'S LIABILITY _ A Y N 9283960 06/06/2022 06/06/2023 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE OEN'L AGGREGATE LIMIT APPLES PER: $2,000,000 X POLICY I I JECT n LOC PRODUCTS-COMP1OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY fEa aceOMBIldendNED SINGLE UMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED B _AUTOS Y N 9283961 06/06/2022 06/06/2023 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION WORKERS COMPENSATION OTH• - AND EMPLOYERS'LIABILITY YIN PER STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE•EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E.I.DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. CERTIFICATE HOLDER CANCELLATION 378-466-7 12 0 kk CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 E MAIN ST THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ASHLAND,OR 97520-1814 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /`J(1 AA ©1968-2015 ACORD CORPORATION.All rights reserved. r ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 1 • FEDERATED INSURANCE COMPANIES THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM A. Paragraph C. Who Is An Insured is amended to include as an additional insured any person or organization, otherthan a joint venture, for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury"caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf: 'A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. This additional insurance does not apply to: 1. An employee, association of employees or labor union, except with respect to work performed by or for you for such employee, association of employees or labor union under direct contract between you as contractor and such employee,association of employees or labor union as owners; 2. Any railroad company except with respect to work performed by or for you for such railroad company under direct contract or agreement between you and such railroad company; 3. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of or the failure in preparation or approval of maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs, drawings, specifications or the performance of any other professional services by such person or organization;or 4. Any of your Subcontractors, or any partner, officer, agent or employee of such Subcontractor. B. The Coverage extended to any additional insured by this endorsement is limited to, and subject to, all terms, conditions, and exclusions of the coverage form to which this endorsement is attached. In addition, Coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. In the event that the Limits of Insurance shown in the Declarations exceeds the limits of liability required in a written contract or written agreement for an additional insured, the insurance provided to the additional insured shall be limited to the limits of liability required by that written contract or written agreement. D. Additional Exclusions The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "bodily injury", "property damage" or"personal and advertising injury"which occurs prior to the date of your contract with such person or organization; 2. To"bodily injury"or"property damage" included within the "products-completed operations hazard"; or 3. To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. Includes copyrighted material of Insurance Services Office, Inc.with its permission. BP-F-115 (OR) (07-09) Policy Number:9283960 Transaction Effective Date: 06-06-2022 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO IS AN INSURED for"bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto"with your permission. However,this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto"is a"trailer"connected to a covered "auto"you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos"unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto"owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To"loss"which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. • To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto"or the policy period ends,whichever occurs first. • • Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127(03-03) Policy Number: 9283961 Transaction Effective Date:06/06/2022