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HomeMy WebLinkAbout2019-294 PO 20200232- Superior Fencing LLC d Purchase Order CITY REC 'al Fiscal sYear 2020 Page: 1 of: 1 1 �ttr4l Ilii is., ,i.L� a.'�� �' _I• i�`= B City of Ashland ATTN: Accounts Payable ' •20 E. Main Purchase L Ashland, OR 97520 Order# 20200232 T Phone:541/552-2010 0 Email: payable@ashland.or.us , V H ,C/O Public Works Department E SUPERIOR FENCING LLC I 51 Winburn Way N 2232 RIDGE WAY p Ashland, OR 97520 O MEDFORD, OR 97504 :Phone: 541/488-5347 R T Fax: 541/488-6006 :s 541 890-6266 Paula Brown €=;t_3�. s t:1 —'` -1 �ik':� t I a - Ei a_ _ __ _ _� 1 1..�--_•_ .- rc _ -e.�-- .- -.-.�_ ' 10/23/2019 1228 a _ • FOB ASHLAND OR Ci Accounts.Payable F . 1 it 5 3 _ 3 _=3 ��_� f-'--"'z-�t_ _' t - 'I=r- Wood Fence 130 N Pioneer - 1 Wood fence along N boundary of 130 N Pioneer Street 1 $11,016.0000 $11,016.00 Goods and Services Agreement(Less than $25,000) , Completion date: 12/31/2019 Project Account: ***************�L SUMMARY*************** 081200-602400 - $11,016.00 ; E • - 1 • I I By: (.L\t6A Date: to lazitg Authorized Signature $11,016.00_ ' FORM #3 ,i1176'6-6974-1-----;-7--0 CITY OF A request for a Purchase ®: '. ASHLAND REQUISITION I Date of request: 10/10/2019 • Vendor Name Superior Fencing LLC Address,City,State,Zip 4843 Table Rock Rd Central Point,OR 97502 Contact Name Kevin Bernhardt Telephone Number 541-890-6266 ' Email address superiorfencingllc(agmail.com SOURCING METHOD O Exempt from Competitive Bidding. .❑ Emergency ❑ Reason for exemption: 0 Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council: 0 Written quote or proposal attached O Written quote or proposal attached (Attach copy of council communication) _(If council approval required,attach copy of CC) ❑ Small Procurement Cooperative Procurement Less than$5,000 _ 0 Request for Proposal (Copies on file) 0 State of Oregon ❑ Direct Award Date approved by Council: Contract#_ 0 Verbal/Written quote(s)or proposal(s) —(Attach copy of council communication) 0 State of Washington ' Intermediate Procurement 0 Sole Source Contract# , GOODS&SERVICES 0 Applicable Form(#5,6,7 or 8) 0 Other government agency contract $5,000 to$100,000 0 Writtenquote'or proposal attached Agency 1=1 (3)Written quotes and solicitation attached 0 Form#4, Personal Services$5K to$75K Contract# PERSONAL SERVICES 0 Special Procurement Intergovernmental Agreement $5,000 to$75,000 0 Form#9,Request for Approval 0 Agency ❑ Less than$35,000,by direct appointment 0 Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals/written solicitation Date approved by Council:_ (Date) ❑ Form#4, Personal Services$5K to$75K Valid until: (Date)' —(Attach copy of council communication) Description of SERVICES Total Cost r. - , '�$l�a1�,alla ell Wood fence along N boundary of 130 N.Pioneer Street Item# Quantity Unit Description of MATERIALS ) Unit Price Total Cost TOTAL,:COST`-, ❑t Per attached quote/proposal I'If-_ ..— Project Number — _ _ Account Number 0 8 1 2 0 0-6 0 2 4 0 0 1 1 0 1 s 0 0 Project Number -— — — Account Number Project Number - — Account Number - $_,- - -,_ _ _•_ *Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. - IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have been satisfied. Employee:A. [,�� �CPuDepartment Head: . r '�, 2/ 0t-r 00l 1 (Equal to or greater than$5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than$25,000) Funds appropriated for current fiscal year: / NO) tA t' -tit icc 10 /a3 1 /9 Deputy Finance Director-(Equal to orgreaterthan$5,000) Date Comments: Form#3-Requisition GOODS AND SERVICES AGREEMENT (LESS THAN$25,000) PROVIDER: Superior Fencing LLC CITY OF PROVIDER'S CONTACT: Kevin Bernhardt& Craig AS H LAN D Robinson 20 East Main Street Ashland,Oregon 97520 ADDRESS: 4843 Table Rock Rd Telephone: 541/488-5587 Central Point, OR 97502 Fax: 541/488-6006 PHONE: 541-890-6266 This 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 limited liability corporation) ("hereinafter"Provider"), for wood fence along N. boundary of 130 N. Pioneer St. 1. PROVIDER'S OBLIGATIONS 1.1 Provide wood fence along N. boundary of 130 N. Pioneer St 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 thereby; • Apply as primary coverage for each additional named insured except to the extent that two or more such policies are intended to "layer" coverage and, taken together,they provide total coverage from the first dollar of liability; • Provider shall immediately notify the City of any change in insurance coverage • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and • Be evidenced by a certificate or certificates of such insurance approved by the City. Page 1 of 6: Agreement between the City of Ashland and Superior Fencing LLC 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 $21,507.75 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. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of$11,016.00 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$11,016.00 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 Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave, and retirement. 3.4 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements,negotiations, and representations between the parties, whether written or oral. Page 2 of 6: Agreement between the City of Ashland and Superior Fencing LLC • 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). 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 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 Estimate dated 10/02/2019. Page 3 of 6: Agreement between the City of Ashland and Superior Fencing LLC 5. REMEDIES 5.1 In the event Provider is in default of this Agreement, City may, at its option, pursue any or all of the remedies available to it under this Agreement and at law or in equity, including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These'remedies are cumulative to the extent the remedies are not inconsistent,and City may pursue any remedy or remedies singly, collectively, successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits. If previous amounts paid to Provider exceed the amount due, Provider shall pay immediately any excess to City upon written demand provided. 6." TERM AND TERMINATION 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the "Effective Date"), and shall continue in full force and effect until 12/31/2019, 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 Whenever notice is required or permitted to be given under this Agreement, such notice shall be given in writing to the other party by personal delivery, by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail, return receipt requested, postage prepaid, to the address set forth below: If to the City: City of Ashland—Public Works Department Attn: Kaylea Kathol 20 E. Main Street Ashland, Oregon 97520 Phone: (541)488-5587 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 Page 4 of 6: Agreement between the City of Ashland and Superior Fencing LLC • Attn: Kevin Bernhardt 4843 Table Rock Rd Central Point,OR 97502 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: All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS chapters 316, 317, and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider; and (iii) Any rules,regulations, charter provisions, or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the State of Oregon shall constitute a material breach of this Agreement. Further, any violation of Provider's warranty, as set forth in this Article 9, shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law,or in equity. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. Page 5 of 6: Agreement between the City of Ashland and Superior Fencing LLC CITY OF ASHLAND: SUPERIOR ENCING LLC (PROVIDER): By: BY: 1 /A ��fT�V1e Signature Signature fit c ,67 , Keu;AA e�ktta Printed Name Printed Name /cJ 26-c.-73. m t�'J Title Title 2, oerzof /6-11)—/e/ Dat Date W-9 is to be submitted with this signed Agreement) Purchase Order No. ' Page 6 of 6: Agreement between the City of Ashland and Superior Fencing LLC ♦ ■ CITY OF ASHLAND, OREGON City of Ashland LIVING ALL employers described WAG E below must comply with City of Ashland laws regulating s. 15-5 • . 'I . .5 - $15.39 5 - $15.39 per hour, effective June 30 2019. ifA, The Livings Wage is adjusted annually every JunW30 by the'Consumer Price Index... Employees must be paid a portion of business of their of health care, retirement, living wage: employer, if the employer has 401K and IRS eligible ten or more employees,and cafeteria plans(including has received financial childcare) benefits to the assistance for the project or amount of wages received by > For all hours worked under a business from the City of the employee. service contract between their Ashland in excess of employer and the City of $21,507.75. > Note: For temporary and Ashland if the contract part-time employees,the exceeds$21,507.75 or more. > If their employer is the City of Living Wage does not apply Ashland, including the Parks to the first 1040 hours worked > For all hours worked in a and Recreation Department. in any calendar year. For month if the employee spends more details, please see 50%or more of the > In calculating the living wage, Ashland Municipal Code employee's time in that month employers may add the value Section 3.12.020. • working on a project or For additional information: Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASH LAN D 8 ESTIMATE City Of Ashland 130 N Pioneer St Ashland , Oregon (541) 552-2419 Superior Fencing LLC / CCB # 165012 Kevin Bernhardt & Craig Robinson Estimate # 000952 4843 Table Rock Rd Date 10/02/2019 Central Point, OR 97502 Phone: (541) 890-6266 Email: superiorfencingllc@gmail.com Fax: (541) 734-9778 Description Total We herby submit specifications and estimate for: $11,016.00 133'of 8'tall Capped cedar fencing board on boards style and 20'of 3-1/2'solid'board on board with 4-1/2'open steel panel to make 8'tall.We will set steel post master post in 1601bs of concrete per set.We will bolt one steel post to block wall. Fence will have 4-rails of Doug fir 2x4s and 2x4 cap with 1 x6x8'cedar fence boards.We will nail fencing with a 2"galvanized ring shank nail. If we use pt post we will use Fb24 zinc coated rail brackets. 20'of 3-1/2'+4-1/2'will have 4rails of Doug fir 2x4s on edge with 2-2x4 cap.We will pinch 4x4 galvanized steel panel with 1-1/2"cedar trim between cap and rails. Removal and disposal of old fencing and any concrete that is dug up is included in cost. SuperiorFencingLLC does not take dirt dug up from post holes. Dirt removal will be at a added cost,to be determined. We herby submit specifications and estimate for: $0.00 Subtotal $11,016.00 Total $11,016.00 Page 1 of 2 Payment to be made as follows: 1/2 to be paid at start of project. Remaining balance due upon completion. Note: This proposal may be withdrawn by us if not accepted within 30 days. All materials 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 Comp Insurance. OTHER TERMS AND CONDITIONS OF PROPOSAL: INTEREST: Interest shall accrue upon all monies due to Superior Fencing LLC at the rate of 18 percent per annum from the due date of such monies until paid. ATTORNEY'S FEES: In case any suit, action or proceeding is brought to enforce any terms or provisions of this proposal or any of the parties' right hereunder,the losing party in such suit, action proceeding or any appeal there from agrees to pay such sum as the court may adjudge reasonable as attorney's fees, in addition to cost and disbursements. The customer shall pay the reasonable cost of the title reports required for anylegal action contemplated. In addition, if this matter is referred to an attorney for collection, customer collection proceeding prior to litigation being filed. SUPERIOR FENCING IS NOT RESPONSIBLE FOR ANY DAMAGE TO UNLOCATABLE UTILITIES INCLUDING WATER LINES AND SPRINKLER PIPES. ACCEPTANCE OF PROPOSAL. All prices, specifications and condition are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. I have read the entire contract and and agree to its content. Signed on: 10/07/2019 Kevin Bernhardt City Of Ashland Page 2 of 2 ACORD DATE(MM/DDIYYYY) L---- CERTIFICATE OF LIABILITY INSURANCE 10/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAME: CLIENT CONTACT CENTER HOME OFFICE: P.O.BOX 328 (a C.No,Ext):888-333-4949 (ONE A/C,No):507-446-4664 OWATONNA,MN 55060 AmmEss:CLIENTCONTACTCENTER(aIFEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# 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 ADDL SUBR POLICY NUMBER POLICY EFF • POLICY EXP LIMITS LTR INSR WVD (MMIDD/YYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 AGECLAIMS-MADE X OCCUR PREMISES Ea occurrence) •NTED — $100,000 MED EXP(Any one person) X BUSINESS OWNER'S LIABILITY A Y N 9283960 06/06/2019 06/06/2020 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $2,000,000 PRO X PXOLICY JECT- LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident • X ANY AUTO BODILY INJURY(Per person) OWNED • , AUTOS ONLY SCHEDULED B _AUTOS Y N 9283961 06/06/2019 06/06/2020 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $1,000,000 A EXCESS LIAB CLAIMS-MADE N N 9283962 06/06/2019 06/06/2020 AGGREGATE , $1,000,000 DED RETENTION / WORKERS COMPENSATION PER STATUTE BR- AND EMPLOYERS'LIABILITY y/N - ANY PROPRIETORIPARTNERIEXECUTIVE ^I E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? I I N I A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE If yes,describe under DESCRIPTION OF OPERATIONS below E. DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If mare 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 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 41/4014,6.,/ 6 )L._ © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 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, other than 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: 06-06-2019 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:06-06-2019 ---R ® CERTIFICATE OF LIABILITY INSURANCE , DATE(MMIDDIYYYY) _. 10/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(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 'Thomas Wilson NAME: Ashland Insurance Inc PHONE ,_ (541)857-0679 FAX (541)857-9883 fA1C.No.Ext: (A1C,No): 801 O'Hare Parkway,Ste 101 EMAIL twilson@ashlandinsurance.corn ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC S ... Medford OR 97504INSURERA c SAIF Corporation INSURED INSURER B: Superior Fencing LLC INSURER C: - • 2232 Ridge VVay INSURER D: _ INSURER INSURER E: Medford OR 97504 INSURER F: COVERAGES CERTIFICATE NUMBER: CL19101009931 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE.LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH`RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - ' - ADDL SUBR POLICY EFF POLICY EXPR LTR TYPE OF INSURANCE INSD INV!? POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE .. S.. CLAIMS-MADE n OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) 5 MED EXP(Any one person) S PERSONAL&ADV INJURY S GEM.AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 5 POLICY❑PROT I I- n JECLoc PRODUCTS-COMP/OP AGG 'S OTHER: ._ ..-. . , S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ' S (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED ^SCHEDULED — AUTOS ONLY ` AUTOS BODILY INJURY(Peracadent) :5 . HIRED NON-OWNED PROPERTY DAMAGE 5 _ AUTOS ONLY _ AUTOS ONLY (Per accident) . S UMBRELLA UAB OCCUR EACH OCCURRENCE - S _ EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTION S - 5 WORKERS COMPENSATION PER. DTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNER/EXECUTIVE EL.EACH ACCIDENT S 500,000 A OFFICER/MEMBEREXCLUDED? n N IA 754062 09/01/2019 09/01/2020 (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 S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) 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 E.Main SL _ _ AUTHORIZED REPRESENTATIVE Ashland OR 97520 lY14st.16a, tri I _ _ d" ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) ' The ACORD name and logo are registered marks of ACORD Business Registry Business Name Search 10-07-2019 New Search Business Entity Data 15:49 Enti Entity Registry Next Renewal Registry Nbr Type Status Jurisdiction Date Renewal Due? Date 277154-99 DLLC ACT OREGON 03-22-2005 03-22-2020 Entity Name SUPERIOR FENCING LLC Foreign Name New Search Associated Names Type PPB PRINCIPAL PLACE OF BUSINESS Addr 1 2232 RIDGE WAY Addr 2 CSZ MEDFORD IOR 197504 1 1CountrylUNITED STATES OF AMERICA Please click here for general information about registered agents and service of process. Type AGT REGISTERED AGENT Start Date 03-22- Resign Date 2005 Name THADDEUS 1G 1PAUCK Addr 1 201 W MAIN STREET STE 5 Addr 2 PO BOX 128 CSZ MEDFORD OR 197501 I ICountryIUNITED STATES OF AMERICA Type MALIMAILING ADDRESS Addr 1 2232 RIDGE WAY Addr 2 CSZ MEDFORD IOR 197504 I 1 CountrylUNITED STATES OF AMERICA Type MEMIMEMBER I I Resign Date Name CRAIG I 'ROBINSON I I Addr 1 2232 RIDGE WAY Addr2 CSZ MEDFORD IOR 197504 'CountryIUNITED STATES OF AMERICA Type MEMIMEMBER I Resign Date Name KEVIN 1 BERNHARDT Addr 1 331 N DE ANJOU Addr 2 CSZ EAGLE OR 97524 Country UNITED STATES OF AMERICA POINT New Search Name History Business Entity Name Name Name Start End Date Type Status Date SUPERIOR FENCING LLC EN CUR 03-22-2005 Please read before ordering Copies. New Search Summary History Image Action Transaction Effective Status Name/Agent Dissolved By Available Date Date Change ANNUAL REPORT 02-12-2019 SYS PAYMENT ANNUAL REPORT 02-21-2018 SYS PAYMENT ANNUAL REPORT 02-14-2017 SYS PAYMENT ANNUAL REPORT 02-19-2016 SYS PAYMENT ANNUAL REPORT 02-18-2015 SYS PAYMENT ANNUAL REPORT 02-13-2014 SYS PAYMENT ANNUAL REPORT 02-22-2013 SYS PAYMENT ANNUAL REPORT 02-15-2012 SYS PAYMENT ANNUAL REPORT 02-17-2011 SYS PAYMENT ANNUAL REPORT 02-10-2010 SYS PAYMENT ANNUAL REPORT 02-16-2009 SYS PAYMENT ANNUAL REPORT 02-22-2008 SYS PAYMENT ANNUAL REPORT 02-21-2007 SYS PAYMENT AMENDED ANNUAL 03-15-2006 FI REPORT ARTICLES OF 03-22-2005 FI Agent ORGANIZATION © 2019 Oregon Secretary of State. All Rights Reserved. CITY OF ASHLAND Memo TO: File FROM: Kaylea Kathol DATE: 10-7-19 RE: Bids for Fence at 130 N. Pioneer St. Replacing the fence at 130 N. Pioneer Street will be an intermediate procurement and will require 3 bids. On 9/27/19, I met on site with Brad Reitman from Quality Fence. Quality Fence returned an estimate of $13,270. On 10/1/19 I met with Kevin Bernhardt from Superior Fence. They returned an estimate of$11,016. I called Homeland Fencing on 9/30/19 at 11:15 AM and left a voicemail summarizing our fencing needs and requesting a bid. Homeland returned a call on 10/1/19 and collected site information. I have not heard back from Homeland. Fr, • Q:.CY .; PROPOSAL ty. UALITY FENCE COMPANY CCB # 8936 •• Find us also at _R tall McDonald Ln -- • 114 W.Pine Street (541)664-2281 Grants Pass,OR 97527 —NO JOB TOO LARGE PO Box 3985 1-800-451-8883 2077 NE Diamond Lake Blvd. ...NO JOB TOO SR14ALL Central Point,OR 97502 Fax:(541)664-2949 Roseburg,OR 97470 PROPOSAL SUBMITTED TO PHONE DATE City of Ashland Public Works 541-552-2419 September 30,2019 STREET JOB NAME 51 Winburn Way CITY,STATE AND ZIP CODE r JOB LOCATION . Ashland,OR 97520 130 N Pioneer St. Ashland,OR 97520 ATTENTION EMAIL CELL PHONE Kaylea Kathol kavlea.katholaeashland.or.us • We hereby submit specifications and estimate-for: Remove and haul away existing wood fencing. Install 132'of 8' high shadowbox style cedar fencing with postmaster galvanized steel posts, and 2"x 12"pressure treated kicker for 9'overall height. • Install 20'of 3 1/2'high shadowbox style cedar fencing with 4 1/2'grid style fencing on top for 8'overall height,4-2 1/2" posts and tie in wood fencing at 2 locations. • Total: $13,270.00 • Option: To install board on board style. . Add: $3,250.00 Note: Does not include permit Note: Does not include any staining/painting We Propose hereby to furnish materials and labor--complete in accordance with above specifications,for the sum of: Payment to be made as lotions: PAYMENT UPON COMPLETION All material is guaranteed to be as spedfied.All work to be completed fn a workmanlike manner according to standard Authorized practices.Any alteration or deviation from above specifications revolving extra cents will be executed only upon written Signature orders.and will become an extra charge over and above the estimate. Ad 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 Workmen's Compensation insurance. This proposal is also subject to alt terms and conditions Brad Rietmann dmh contained on the reverse side hereof. Note: This proposal may be withdrawn by us if not accepted within 14 days Acceptance of.Proposal--All prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as Signature specified. Payment will be made as outlined above. I have read the entire contract and agree to its content. • Note: Quality Fence Co.not responsible for any damage to anything in or Signature below the ground or concrete. This includes private water line,electrical line, . sprinkler systems,etc. Your signature indicates that you fully understand the limits of Quality Fence Co.responsibility. Date of acceptance: $ OTHER TERMS AND CONDITIONS OF PROPOSAL: INTEREST: Interest shall accrue upon all monies due to Quality Fence Company at the rate of 18 percent per annum from the due date of such monies until paid. ATTORNEY'S FEES: In case any suit, action or proceeding is brought to enforce any of the terms or provisions of this proposal or any of the parties' rights hereunder, the losing party in such suit, action, proceedingor any appeal there from agrees to pay such. sum as the court may adjudge reasonable as attorney's fees, in addition to costs, and disbursements. The reasonable costs of title reports required for any legal action contemplated shall be paid by the customer. In addition, if this matter is referred to an attorney for collection, customer agrees to pay Quality Fence Company's reasonable attorney's fees incurred in any such proceeding prior to litigation being filed.