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HomeMy WebLinkAbout2010-040 Contract - Chown Security / CITY OF CONTRACTOR: Chown Security ASHLAND CONTACT: Thomas Shiel 20 East Main Street Ashland, Oregon 97520 ADDRESS: 333 NW 16th Ave, Portland, OR 97209 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 503-243-6500, Cell 541-915-5975 DATE AGREEMENT PREPARED: Aoril12, 2010 FAX: 503-243-6519 BEGINNING DATE: Mav 1, 2010 COMPLETION DATE: June 15, 2010 COMPENSATION: $9,654.35 - Per proposal dated March 10, 2010 GOODS AND SERVICES TO BE PROVIDED: Material and labor to add the service center gate to the existing access control system. System configuration: 16 Door Controller, IP module, PIM, Battery Backup, Service Cenler Gate. Per attached DroDosal dated March 10, 2010 ADDITIONAL TERMS: NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, thai any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limiled 10 $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 279B.220, 279B.225, 279B.230, 279B.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $18,088 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. Citv's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: Contract for GOODS AND SERVICES Less than $25,000 Contract for GDDds and Services Less than $25,000, Revised 06/30/2008, Page 1 of 5 i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; Ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are nD longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor 10 provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obliaation/Liabilitv of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.11 0 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor 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 City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or defauit of any covenant, warranty, certification, or 'obligation it owes under the Contract; if it loses its ORF status pursuant to the ORF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a ORF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Comoensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnity provided under this contract. c. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or channe. There shall be no cancellation, material chance, reduction of limits or Contract for GODds and Services Less than $25,000, Revised 06/30/2008, Page 2 of 5 intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as AdditionaUnsureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively wilhin the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eieventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently availabie and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to wDrk performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20, Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. - 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. CONTRACTOR BY'~ ignature /.I..N\. Print Name CITY OF ASHLAND: BY ~ FINANCE DIR CT.OR TITLE rvr~~ DATE 'I; rd DATE ~'(11~ CONTRACT AWARD AND INDINGS DETERMINED BY: By: City Department Head Date: tf :l.J! .fj W-9 One copy Df a W-9 is to be submitted with the signed contract and it will be kept Dn file in the Finance Department. ACCOUNT # PURCHASE ORDER # /fJ/6?t9f3 UtHJ7f)~I~ (For City purpDses Dnly) t?14/~ Contract for GODds and Services Less than $25,000, Revised 06/30/2008, Page 3 Df 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: v / v v v (1) I carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business, (2) Commercial advertising or. business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period .of one year. (6) I assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ~~ Contractor , :rj'dJO (Date) Contract for GODds and Services Less than $25,000, Revised 06/30/2008, Page 4 of 5 1 of 3 {clH[(m\~VN SECURITY PROPOSAL ~ J-~ Prepared for: CITY OF ASH LAN D 90 N MOUNTAIN AVE ASHLAND, OR 97520 C/O DALE PETERS 541-552-2292 Office 541-552-2304 Fax petersd@ashland.or.us Proposal # 715561 March 10, 2010 Proposal price .is good fDr .30 days unless otherwise stated. Dear Dale, Attached is a price to add the service center gate to your existing access control system. The price includes Chown providing materials and labor. The price has been modified to have a local electrical contractor do the work. Access Control System System CDnfi~uration: 16 Door Controller, IP module, PIM, 8attery Backup Service Center Gate: Included Included , Sub-tDtal Washington State Tax-if applicable GRAND TOTAL $ 9,654.35 $ $ 9,654.35 'I Lead Time: 4-6 weeks for material I Please feel free to contact me with any questions Prepared by: Thomas Shiel (S41) 915-5975 - Cell Phone tshiel@lchown.com Portland 333 N.W.16th Avenue Portland,OR 97209 local:503.Z43.6500 Fax: 503.243.6519 Mailing Address: P,D.Sox28SS Portland,OR 97208 Toll Free: 800.547.1930 Fax: 800.758.7654 Bellevue 12001 N.E. 12th Street, #38 BeJlevue,WA 98005 2 of 3 SYSTEM EQUIPMENT/SOFTWARE/HARDWARE SCHEDULE ~- -. :i... -.-.,........... Chown will provide and install the following materials for the Service Center Gate to add to your existing system. At the head end Chown will provide and install a new 16 door controller, IP module and power supply. We will install a 4 door interface module at the corner of the building. At the gate Chown will reuse the existing stanchion and provide a new mounting box for the new reader and key pad. Chown will also provide a new Hoffman enclosure that will house the Reader Interface and power supply. On the outside side of the gate valid access will open the gate. On the inside of the gate we will reuse the existing loop detector to egress out. SYSTEM CONFIGURATION 1 EA 16 Door Controller 1 EA 4 AMP power supply and battery backup 1 EA IP Module 1 EA Panel interface module wi power supply and battery backup 1 EA Electrical Labor 1 EA Programming 1 EA Drawings GATE - SERVICE CENTER 1 EA Maxiprox Reader 1 EA Keypad 1 EA Power Supply 1 EA Exterior wireless Reader Interface 1 EA Mounting for Reader 1 EA Hoffman Enclosure 1 EA Plug in Transformers 1 EA Mounting plate for reader Portland 333 N.W. 16th Avenue Portland, OR 97209 locaJ:503.243.6500 Fax: 503.243.6519 Mailing Address: P.O. Box 2888 Portland, OR 97208 Toll Free: 800.547.1930 Fax: 800.758.7654 Bellevue 12001 N.E. 12th Street. #138 Bellevue, WA 98005 . .' .... ORDER TERMS / RESPONSIBLlTIES / ACCEPTANCE 3 of 3 .. _...-::-.~^~. Chown Security to provide the following services Supply all equipment proposed. Verify system operation Provide PTP / Riser / Operational Descriptions Provide terminations of the low voltage. Customer is responsible to: Provide access to ail closets and other necessary areas 24 hours/day 7 days/week Provide operational descriptions of openings ,Provide active static iP address for network controllers at start of job Provide conduit as directed by Chown Security. Provide all the high voitage electricai cabling, terminations and labor. Provide raceways as directed by Chown Security. Installation of the new Hoffman enclosure. Chown Security Representative: By: By: Date: City of Ashland P.O. # This proposal shall be void able, at our option, unless accepted and delivered to U5 within thirty (30) days of the date hereof This proposal is the property of Chown Security. It is notior publication and is Issued expressly on the on the condition that it is not to be copied, reprinted or reproduced in any manner; nor is it to be disclosed to any third party, either wholly Dr in part without the express written consent of Chown Security. Portland 333N.W.16thAvenue Portland, OR 97209 local: 503.243.6500 Fax:503.243.651!;l Mailing Address: P.O. Box 2888 Portland, OR 97208 Toll Free: 800.547.1930 Fax: 800.758.7654 Bellevue 12001 N.E. 12th Street, #38 Bellevue, WA 98005 1 of 3 (CMiOWN SECURITY PROPOSAL - ~.,,,,_.-.-,,,,-,,, "',"'" Y",_,.,"",-''''' '.".""". ..>CJ<..W "~_,,'_' ,.~ , ~. ..., .'..'10....'"..1 Prepared fDr: CITY OF ASHLAND 90 N MOUNTAIN AVE ASHLAND, OR 97520 C/O DALE PETERS 541-552-2292 Office 541-552-2304 Fax pete rsd@ashland.Dr.us Proposal # 715561 March 10, 2010 Proposal price is good for 30 days unless otherwise stated. Dear Dale, Attached is a price to add the service center gate to your existing access control system. The price includes Chown providing materials and labor. The price has been modified to have a local electrical contractor do the work. Access Control System ....._...... --.~ ~,.~"....._-..........,.._~'~..""'".~~'_,-.......',,.,...1" ""-"'i.I'~,",;lO;',~_..._.."!.,..,~",, _~E~;;~"'-'-"""'''"_"",,,,,,,,,,,,,,,,,, c..i~.-;,,,.,',,,,,,,-,.,,~ ,n, ,",,,,,~.,,..J"""''''''',"''-,^_.,..A ~ _~ ,w"",.,.,..~ .~ 5vstem Confil!uration: 16 Door Controller, IP module, PIM, 8attery 8ackup Service Center Gate: Included Included Sub-total Washington State TaX-if applicable GRAND TOTAL $ $ $ 9,654.35 9,654.35 Lead Time: 4-6 weeks fDr material Please feel free to contact me with any questions Prepared by: Thomas Shiel (541) 915-5975 - Cell Phone tshiel(cilchown.com Portland 333N.W.16thAvenue Portland, OR 97209 local: 503.243.6500 Fax: 503.243.6519 Mailing Address; P.O. Box 2888 Portland, OR 97208 Toll Free: 800.547.1930 Fax: 800.758.7654 Bellevue 12001 N.E. 12thStreet,1t38 Bellevue,WA 98005 2 of 3 SYSTEM EQUIPMENT/SOFTWARE/HARDWARE SCHEDULE Chown will provide and install the following materials for the Service Center Gate to add to your existing system. At the head end Chown will provide and install a new 16 door controller, IP module and power supply. We will install a 4 door interface module at the corner of the building. At the gate Chown will reuse the existing stanchion and provide a new mounting box for the new reader and key pad. Chown will also provide' a new Hoffman enclosure that will house the Reader Interface and power supply. On the outside side of the gate valid access will open the gate. On the inside of the gate we will reuse the existing loop detector to egress out. SYSTEM CONFIGURATION 1 EA 16 Door Controller 1 EA 4 AMP power suppiy and battery backup 1 EA IP Module 1 EA Panel interface module wi power supply and battery backup 1 EA Electrical Labor 1 EA Programming 1 EA Drawings GATE - SERVICE CENTER 1 EA Maxiprox Reader 1 EA Keypad 1 EA Power Supply 1 EA Exterior wireless Reader Interface 1 EA Mounting for Reader 1 EA Hoffman Enclosure 1 EA Plug in Transformers 1 EA Mounting plate for reader Portland 333 N.W. 16th Avenue Portland, OR 97209 Local: 503.243.6500 Fax: 503.243.6519 MaiJingAddress: P.O. Box 2888 Portland, OR 97208 ToU Free: 800.547.1930 Fax: 800.758.7654 Bellevue 12001 N.E. 12th Street:. #38 Bellevue, WA 98005 3 of 3 ORDER TERMS / RESPONSIBLlTIES / ACCEPTANCE -,"" -~ ',' "-".".-",~ ,;."=v..""~(_~-","'"'''''''.'''',~, _.,-,. ..."..... . C.",,_ ._'.~ "".. Chown Security t~ provide the following services Supply all equipment proposed. Verify system operation Provide PTP / Riser / Operational Descriptions Provide terminations of the low voltage. Customer is responsible to: Provide access to all closets and other necessary areas 24 hours/day 7 days/week Provide operational descriptions of openings ,Provide active static IP address for network controllers at start of job Provide conduit as directed by Chown Security. Provide all the high voltage electrical cabling, terminations and labor. Provide raceways as directed by Chown Security. Installation of the new Hoffman enclosure. Chown Security Representative: By: By: Date: City Df Ashland P.O. # This proposal shalf be void able, at our option, unless accepted and delivered to us within thirty (3D) days of the date hereof This proposal is the property of Chown Security. It is not/or publication and is issued expressly on the on the condition that it is not to be capied,.reprinted or reproduced in any manner; nor is it to be disclosed to any third party, either wholly or in part, without the express written consent of (hown Security. Portland 333N.W.16thAvenue Portland, OR 97209 local: 503.243.6500 Fax: 503.243.6S1~ MaiUngAddress: P.O. Box 2888 Portland,OR 97208 Toll Free: 800.547.1930 Fax: 800.758.7654 BeUevue 12001 N.E. 12th Street, #38 Bellevue,WA 98005 Chown Service Policy Oregon CCB#: 9113S Washington Registration #: CHOWNI*OSOND Project Name: Service Center Gate Owner: City of Ashland Client: Dale Peters Installation Chown guarantees their installation for a period of one year from the date of service. Product guarantees are provided by the manufacturers and vary in length. If for any reason you are not satisfied with our work please notify us immediately. Chown does not provide finish painting for any areas left exposed in the installation of new hardware. Chown Inc. is not responsible for unforeseen conditions. Chown Inc. reserves the right to repair or replace unforeseen conditions. Chown Inc. may not be able to repair or replace the condition. Every attempt will be made to address the situation with the owner. Labor hours are caiculated for a standard work schedule (8:00 AM to S:OO PM, Monday through Friday). After hours, weekend, or holiday work must be approved and are provided at a premium rate. Access Control Unless otherwise agreed upon Chown Inc. does not provide programming of stand-aione access control locks. Manufacturers programming manuals are provided with all locks. If you need further assistance we will be happy to provide you with factory technical support numbers. Programming of lock~ is availabie at our standard rate. Chown also provides complete electrified access control (EAC) systems. These systems are designed with sophisticated products and procedures. Chown can oniy extend the above one year guarantee to the EAC system when all the sub-systems have been provided and installed per our specifications. We cannot warranty products or software purchased from other vendors, electrical connections made by other contractDrs or the end-user, or electrical cabling and conduit that is not per our specifications. In addition our one year complimentary software/IT support does not include service for systems that have been installed or subsequently manipulated by third parties or end-users. A detailed "System Services and Services List" is provided for your convenience with this contract that detaiis this policy. Chown highly recommends battery backup for all of their EAC systems. Batteries have a limited life, a . one year warranty, and should be repiaced every 3 years. Factors that adversely affect performance include, long conductor runs, additional openings added to the controller, and if completely drained of power the batteries may fully not recharge. Frequent voltage verification is encouraged. This does not apply to stand alone or wireless locks. Their battery life is determined by 'number of transactions'. Please refer to manufacturer's suggested life for required replacement. Chown provides electrical drawings for a fee. Chown is limited to complete compliance with this drawing. Subsequent changes to these drawings void all liability. The drawings are the property of the system owner and can be provided in paper form or electronic form (PDF) at the owner's option. Chown offers remote programming and software service. Customer must have a computer/server that supports our software. Issues originating from Chown's initial installation agreement are provided at no charge to the customer. Billable issues includes retraining users, re-installing software, repairs due to customer system neglect and software troubleshooting not covered in the "System Services and Services List". Services start from the moment the customer logs in, and are billable in 15 minute increments. Houriy Rate Minimum charge (1/2 hour) Our current on-site service rate is $100.00 $50.00 $125.00 per hour + travel + expenses. Warrantv and Service Contracts Chown offers several warranty policies based on material and labor sources. 1) A warranty covering all material and labor for a period of one year is extended to systems that are purchased and installed by Chown. In addition all electrical system components and installation must be provided and instalied by Chown. 2) A warranty covering all material and material installation labor for a period of one year is extended to systems that are purchased and installed by Chown. No warranty will be extended to any part of the electrical system that is owner provided. 3) The standard manufacturer's warranty period is extended to system products that are purchased, but not installed by Chown. This is aproduct only warranty, not an advance replacement policy. Defective materiai must be returned to Chown for evaluation. However, if the electrical system components are provided for and installed by Chown a one year labor warranty will be provided for the electrical system only. 4-5) The standard manufacturer's warranty period is extended to system products that are purchased, but not installed by Chown, This is a product only warranty, not an advance replacement policy. Defective material must be returned to Chown for evaiuation. This warranty applies whether the electrical system components are installed by a Chown, or a Chown Authorized EAC Technician possessing a valid Low Voltage License. There is no warranty on the electricai system. Repiacement and connections of warranty products is the responsibiiity of the owner. All eiectrical system components must be installed according to the manufacturers' specifications, and Chown provided drawings. In addition, any alterations or repiacement of a non-Chown provided product or services voids all warranties. 6) There is no warranty for systems not purchased or installed by Chown. Chown will provide a quote to repair, replace, reinstall, or reprogram systems that we normaiiy provide and install, at our standard service rates. Annual service and maintenance contracts are also available from Chown. These are taiiored to the individuai requirements of the user and are specific to the overall system design. Please contact your representative for a detailed list of services and prices. Pavment and Credit Terms Agreed to by: Signature Date Title One copy will be returned to client. One copy of this policy will be kept on file as a permanent part of this project. OJ.V'O.;>I' ~/iO/~ViV ~;il:VV .~~ ~_U~ ~/V~V ra.^ UO.L V1;J.L mJ N. '0" ft'. '.In' ,w,e.-., -S'!". . . -, .,... - .- - . ., '.. ". - - .., ... . . -.. . - , .. . . . ". ...". . .. -"... ".. .... .", ... 'F(- ~i -- ,". " 700 NE Mu~nomah Street, Suite 1300 Portland, OR 97232-2174 Main Phone, (503) 224-8390 Main Fax: (503) 224-8319 Page 1 of 10 Date: 4/16/20102:16:22 PM From: . Bambi Brown CIC To: Kari Olson Phone: 503-295-8312 Company: FAX: 610-362-8189 FAX: 15414885320 RE: Revised Certificate of Insurance for Chown Inc "Confidentiality Notice: The information contained in this Facsimile message, and in any accompanying documents, constitutes confidential information which belongs to USI Northwest. This information is intended only for the use of the individual or entity named above. If you are not the intended recipient of this information, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance of this information, is strictly prohibited. If you have received this Facsimile message in error, please immediately notify us by telephone at the number listed on this cover note, to arrange for its return to us. Thank you!" U..LVvvl. ~1~Ul~V~V ~...Ll .VV r~j rC"1ou.a..:. j.u"....... UO..&. YO"&' L.l V..LV Cllenlll: 325772 CHOWNINC ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (MWDDfYYYY) 04.15.10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Northwest ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 700 NE Multnomah, Suite 1300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXlEND OR ALTER THE COVERAGE AFFORDED BY TIlE POLICIES BELOW. Portland, OR 97232 S03224-l1390 INSURERS AFFORDING COVERAGE HAlC # I),ISURED INSURER A:. Employers Fire Insurance Company 20648 Chown Inc INSURER B: POBox 2888 INSURER c: Portland, OR 97208 INSURER D: INSURER E: THE POliCIES OF INSURANCE liSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPEOFIHSUIWlCE POUCYNUMBER '::P}~1':~~8~ A ~NERALLLABILITY 7190119540001 03/01/10 X COMMERCIAL GENERAL LIABILITY I CI.AIMSMADE [!] OCCUR COVERAGES Pgi!fl EXPIRATION 03/01/11 EACH OCCURRENCE ~:}FE T RENTED.n....\ MED EX? IAnyono plIl'5Onl A - - ~AGGR~ L1MITAP~ PER: Xlrou~1 I~~ I ILOC ~TOMOBILE LIABILITY !.... ANY AUTO _ A1.LOWNEDAUTOS _ SCHEDULED AUTOS !.... HIRED AUTOS !.... NON.QWNED AUTOS - PERSONAl & ADV INJURY GENERAL AGGREGATE PRODUC"TE. COMP.QP AGG 03/01/10 03/01/11 7190119540001 COMBINED SINGLE LIMIT (EaIllX:k:!llnl) BODILY INJURY (Perplll5On) BODlL Y INJURY (Petecx:k:!onl) PROPERlY DAMAGE (Petecx:idllnt) A ~GELIABILITY I ANY AUTO EXCE$SIIJMBREUA UAllD..rrY 7190119540001 ~'OCCtJR D ClAIMS MADE I OEDUCllBLE xi RElENTlON $ 0 WORKERS COMPENsATION At.ID EMPLOYERS" LIABILITY ANY PRQPRIETOR/PARTNERfEXECUllVE OFFlCERho1EMBER EXCLUDED? ~rn:~~1~~s bebw "'"EO AUTO ONLY _ EAACCIDENT EAACe OTHER THAN AUTO ONLY: 03/01/11 03/01/10 EACH OCCURRENCE AGGREGATE 1...~2J;r~n'; I IO.Jl'l- E.L EACH ACCIDENT $ E.L. DISEASE" EA 8I.4PLOYEE $ E.L DISEASE" roLlCY UMIT S DESCRIPTION OF OPERATIONS I LOCATIONS (VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS The City of Ashland, Oregon, and Its elected officials, officers, and employees are added as Additional Insureds as respects to work performed by or on behalf oflhe Named Insured when required by written contract, subject to the policy limits, terms and conditions. L1MIl~ '1 000 000 '1 000 000 .10000 .1 000 000 .2 000 000 .2 000 000 '1,000,000 . AGO . . . .5 000 000 .5000 000 . . . City of Ashland Karl Olson, Purchasing Representative 90 N Mountain Avenue Ashland, OR 97520 CANCELLA TlON SHOULD At.IY OF TliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL JD- DAYS WRrrTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHAU IMPOSE t.lO OBLIGATIOt.I OR LIABILITYOF M1Y KIND UPON TliE I)l$URER, I~ AGENTS OR REPRESBlTATIVE.$. AUTHOR.lZED REPRESENTATIVE '" '" t:..:. CERTIFICATE HOLDER ACORD 25 (2.01108) 1 of 2 BABJT Cj ACORD CORPORATION 1988 #54327146~4264909 O.LV~J (. ~/~U/LV~V L.~I .VV r~J rr>........... 7.1 V..LV I THIS ENDORSEMENT CHANGES THE POUCY. PLEASE REAO IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY COMMERCIAL GENERAL L1ABIUlY COVERAGE FORM This endorsement modifies insurance provided under the rallowing: The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- !lIons 10 determine the extent 01 your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendol"5 2_ Additional Insured - by Contract, Agreement or Permit relating to: o Work. performed by you o Premises you own, rent, les!!,o or occupy o Equipment you leass 3. Aggregate Limit Por Location 4. Blankel Waiver 01 Subrogation 5. Bodily Injury Redefined- Mental Anguish 6. Broadened Named Insured 7. Broadened Proper1y Damage o Borrowed Equipment o Customers' Goods o Use 01 Elevalors 8. Broadened Property Damage Rentod Premises 9. Coverage Territory - Worldwide 10. Duties in Event of Occurrence. Claim or Suit 11. Expected or Intended Injury (PO) 12, Incidental Medical Malpractice 13. Medical Payments 14. Mobile Equipment Redefined 15. Newly Acquired or Formed Organizations 16. Non-Owned Aircraft 17. Non-Owned Watercraft lB. Personal and Advertising Injul)' 19, Product Recall Expense 20. Supplemental)' Payments Increased Umits 1. ADDITIO~AL INSURED - BROAD FORM VENDORS Section 11- Who Is An Insured is amended 10 include as an additional insured any person(s) or organizalion(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to Mbodily Injury" or Mpropeny damage~ arising out of "your products" which are dislrlbuted or sold in the regular course 01 the vendor's business, SUbject to the following addilional exclusions: a. This provlslon 1. does not apply to: (11 "Bodily injUry" or "property damage~ for which the vendor is obligated 10 pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages Ihat the vendor would have in the Qbsence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change In the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonslration, testing or the substitution 01 parts under instructions from the manufacturer. and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests Of servicing as the vendor has agreed to make or normally undertakes 10 make in the usual course of business, in connection wTth the distribution or sale of the products: (61 Demonstration, installation. sBNiclng or repair operations, except such operations pertormed at the vendor's premlsesin connection with the sale of the product; In Products which, after distribution or sele by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or lor the vendor; or (B) "Bodily injury" or "property damage" arising oul 01 the sole negligence 01 the vendor lor its own acts or omissions or those or its employees or anyone else acting on its behall. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such Inspections. adjustments. tests or servicing as the vendor has agreed to make or normally un- dertakes to make in the usual course of business, in connection with the distribution or sale of the prod~ ,,'" VCG 205 DZ05 1nc1Oes~nBJ;:riillorln5lJrmc::eServi0e501licE!,1n::. Copyrighl2004. ~!l!1!11~~1!!1!~1!!11~~1111!I1~~1I11~~1~11!11~!1!! @@G@@@@@@@@@@@G@@~@@@ Pag1l1r:A1 (5) Any person or organization if the "products-completed operations hazard" Is excluded either by the pro- visions ot the Coverage Form ~r by endorsement. b. This insurance does not apply to any Insured person or organization, Irom whom you have acquired such products, or any ingredient, part or container, entering Into, accompanying or containing such products. 2. ADDITIONAL INSURED - CONTRACT, AGREEMENT OR PERMIT a. Section II . Who Is An Insured is amended to include as an additional insured any personls) or organlza- tion(s) with whom you agreed in a written contract, written agreement or permit to provide Insurance such as is aHorded under this Coverage Part. but only with respect to liability for ~bodilV injury", "property dam- age" or ~personal and advertising injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the addiLional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased 10 you by such person(s) or organization(s), ill . 3. In connection wilh premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non~contributory basis it that is required in wriling by Ihe contract, agreement or permit. b. The insurance provided to the additional insured herein is limBed. This insurance does not apply: , _ Unless (a) the written contract. agreement or permit is currently in effect or becomes eHective during the term 01 this poliO(; and (b) the contract or agreement was executed or permil issued prior 10 the "bodily injury", "property dam~ age~, or "personal and advertising injury"; 2. To any person or organlz<lUon included as an insured undl:!r the Addilionallnsured - Broad Form Ven- dors provision ollhis endorsement; J. To any person or organization included as an insured by an endorsement issued by us end made part 01 this Coverage Part; 4. To any person or organization if the "bodily injury-, "property damage". or "personal and advertising In- jury'. arises oul at the rendering 01 or failure to render any prOfessional architectural, t1ngineerlng or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings. opinions. reports. surveys, field orders, change orders or drawings and specifications; or Ib) SupeNlsory, inspecLion, architectural or engineering activities. 5. To any: (a) Lessor at equipment alter Ihe equipment lease expires: or (b) Ownef5 or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The ~occurrence"takes place atter you cease Lo be a tenant in that premises: or (2) The .bodily injury~. .property damage", "personal and advertising injury- arises oul of structural alterations, new construction or demolition operations ptlrformed by o. on behalt oj the man~ agar or lessor. 5. To "bodily injury, or ~property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) 10 be penormed by or on be~ llalf of the additional insured at the site of the covered operations has been comp~eted: or (b) That portion of "your work" out of which the injury or damage arises has been pUI 10 its inlended use by any person or organization olher than another contractor or subcontractor engaged in per- torming operations lor a principal as part of the same project. c. Limits of Insurance applicable to Ihe additional insured ara lhose specified in the contract, agreement or permit or in Ihe Declarations of this policy, whichever is less, and li~ the mosl we will pay regardless otlheGnumber of: 1. Insureds; Page 2 of7 lrd.Jdescopyrighlednulerialofl~~Olr~.lnC:. C<:Vfl'ijtIl2004. 11!!1l1!~11!'1!11!1l1!~1!1!!1J111l1!!11!:!!111l!!' VCG~QS0205 2. Claims made or "suits" brought; or 3. Persons or organizalions making claims or bringing .suits". These Limits. of Insurance ,He inclusive of and not in addition 10 the Limits of Insurance shown in the Decla- rations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section UI _ limits of Insurance, the General Aggregate Umit applies separately to each at your "locations" owned by or rented or leased 10 you. b. 'Under Section V - Definitions, the following definition is added: "Location" means premises involving the same or connectJng lols, or premises whose connect/on Is in- terrupted only by a street. roadway, waterway or right-ol~way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV. Transfer of Rights of Recovery Against others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make lor injury or damage arising out of your ongoing operations done under a written contract or agreement with lhat person or organization and included in "your work" or the "products-<:ompleted operations hazard". This waiver applies only to persons or organizations with whom you have 8 written contract, executed prior to the "bodily jnjury~ or "property damage", thet requires you to waivo your righ1s or recovery. 5. BODlL V INJURV REDEFINED - MENTAL ANGUISH Under Section V the r1p.finilion 01 "bodily Injury" Is replaced by the following: "Soally injUry" means bodily injury, sickness, or disease sustained by a person, including menial anguish or death resulting from any of these at any time. 6. BROADENED NAMED INSURED Section II . Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent or the voting stock on the ellecUve date of this endorsement will be a Named Insured until the 1 B01n day or the end 01 the policy period, whichever comes first. provided there is no other similar insurance available to lhatorganlzation. The insurance aHorded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but fOJ Its 1ormination or the exhaustion of Its limits of Insurance. 7. BROADENED PROPERTY DAMAGE - BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage~ liability is subject to the following: a. The Damage To Properly exclusion under Section I Coverage A is amended as follows: 1. The exclusion lor personal property in the care, custody or control or the Insured does n01 apply to "property damage~ to equipment you borrow while at a Job slle ana provided tt is not being used by anyone to perform operations al1he time ot loss. 2. The exclusions for (a) Property loaned to you; (bl Personal property In the care. custody or control of the insured; and (c) That particular part of any property Iha1 must be restored, repaired or replaced because ."your wOlk" was incorrectly performed on it do not apply to "property damage~ 10 "customers' goods" while on your premises nor do they apply to "property damage" arising from the use 01 elevato~ at premises you own, rent. lease or occupy. Subject to the Each Occurrence Limit, the most we will pay tor "property damage" to .Cuslomers' Goods" is $25,000 per "occurrence". b. Under Section V - Definitions, the following delinition is added: .Customers' Goods" means goods of your customer on your premises lor the purpose ot being: 1. Repaired: or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance '(including any deductible) available to the insured whether such insurance Is primary, excess, contingent or VCG205021l5 Incli.rle:scopylighlaclmale1aloflnsura.rJalS8f'V\C;esOffice,lnc Page30fi COpyllghl2004. 11l~1I~~ 1I1I1~\l~II!!III! ~~n~ 11!l1l1~~[[~II!IJI~ I on any other basis. Any p<lyments by us will tallow the Other Insurance - ~cess provisions in' the COM- MERCIAL GENERAL L1AB!L1TY CONDITIONS, a, BROAOENED PROPERTY DAMAGE - RENTED PREMISES a. In the Damage To Property exclusion under Section I Covelage A, the exclusion for "property damage" to: Property you own, rent or occupy: does not apply to real property you rent or temporarily occupX with permission of the owner. b. In Section IU -limits Of Insurance, lhe Damage To Premises Renled To You limit Is amended as lollows: Subject to the E<lch Occurrence Umit, $500,000 is the most we will pay under Coverage A tor damages because 01 -property damagl:l" to anyone premises while renled to you or occupied by you with permission althe owner. If any amount other than $500,000 is shown in the Declarations as the Damage To Premises Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the limit of Insurance provided for this coverage. c. The insurance atforded by this Provision 8. is excess over any olher valid and collectible property insurance (including any deductible) available to the Insured whether such insurance is primary, excess, contingent or on any olher basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 9. COVERAGE TERRITORY - WORL.DWIDE The definition 01 ~coverage territory" is replaced by the following: "Coverage territory" means anywhere. However, the insured's responsIbility 10 pay L1amayt:1:i musl bl:' determined in a settlement we agree to or in a "suit" cn the merlts brought IrYithin the United States of America (including its territories and possessions), Puer10 Rico or Canada. 10. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV _ Duties In The Event Of OccLlrrence, Claim or Suit is amended by adding the fOllolNing paragraphs: a. The requirements that you must 1. notify us 01 an "occurrence" oUense, claim or "suit" and 2, send us documents concerning a claim or "suir apply only when such "accidenr claim, "suit" or -lossft is known to: 1. You, if you are an individual; 2_ A partner, If you are a partnership; J. . An executive officer 01 the corporation or insurance manager, jf you are a corporation; or 4. A manager, if you are a limiled liability company. b. The requirement Inat you must notify us as SUUll as practicablt:l ul clll "occurrence" or an oHense tha1 may resullln a claim does not appiy II you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have delinite k.nowledge 1hat the particular "occurrence" is a liability claim rather than a workers compensa. tion claim, you must comply with tile Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi. tion. 11. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury e")(clu&ion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily Injury" or ~property damage" expected or intended Irom the standpoint ot the insured. This exclusion does not apply 10 "bodily injury" or "property damage" resulting from the use of reasonal:Jl~ force to protect persons or property. 12. INCIDENTAL MEDICAL MALPRACTICE - EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section 11- Who Is An.lnsured Ihe paragraph that excludes an employee or volunteer worker as in- sured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing 10 provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical. dental, x-ray or nul'5ing services. Pilije4017 l~copyrlg/1t~rmllllialollnsurar":~ Services onu,lnc, r.........mt1t2004. '1"111' l'I"llllr'II~'I!~II~~II!'1 ~lll!!~I![I'111 VCG20S0205 U..l.v........,. ~'~~I~V~V ~.~. .vv ~~~ b. The Insurance afforded by this provision Is excess over any other valid and collectible insurance whelher such Insurance is primary, excess. contingent or on any other basis. Any payments by us will follow 1he Other Insurance - Excess Insurance provisions in the CQfvVv1ERCIAL GENERAL UABILlTY CONDITIONS. 13. MEDICAL PAYMENTS . INCREASED liMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are in~ curred and reported 10 us ......nhin one year 01 the date ollhe accident is changed to mrea years. b. The Medical Expense Limit is $10,000 per person or the amount shown In the Declarations as the Medical . EJCpensa Limit, whichever is greater. c. This provision 13. does not apply if Coverage C . Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14. MOBILE EQUIPMENT - SELF~PROPELLED SNOW REMOVAL. ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definllion: Vehicles malnlained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles 01 less than 1,000 pounds gross vehicle weight with the following types 01 permanently attached equipment 'Mil be considered "mobile 8quipmenr: a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Sedion II . Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is atlorded only untillhe end ollhe currenl policy period. 16. NON-OWNED AIRCRAFT a, The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply 10 an aircraft that is: 1. HIred, chartered or loaned with a paid crew; and 2. Not owned by any Insured. b. The insurance atlorded by this provision 16. Is excess over any other valid and collectible insurance '(including any deductible or Self Insured Retention) available to the insured, whether such insufa!lce is pri- mary, excess, contingent or on any other basis. Any payments by us will tallow the Other Insurance - Ex- cess Insurance provisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. NON-OWNED WATERCRAFT a. Section II . Who Is An Insured is amended to Include as an inSlJred for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for Ihe use of a watercraft However. no person or organization is an Insured with respect to; 1. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 2. "Property damage~ to property owned by, renled to, In the charge of or occupied by you or the em- ployer of any person who Is an insured under this provision, b, In the exception to the Aircraft, Auto Or Watercraft exclusion unde' Coverage A Bodily Injury And Prop- "'rty Damage Liability, the limitation on the lenglh of a watercraft is Increased to 51 feet c. The insurance atforded by lhis provision 17. ;5 excess over any other valid and collectible insurance (Including any deOuctible or Self Insured Relention) available to the insured, whether such insurance i5 pri- mary, excess, contlngenl or on any other basis, Any payments by us willlollow the Other Insurance - Ex- cess Insurance proVisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS, 18. PERSONAL AND ADVERTISING INJURY The following is added to the definition or "personal and advertising injury.: Discrimination because of race, color, creed, national origin. age, sex or physical disability, where insurance therefore is nol prohibited by law, but only II such discrimination Is: VCGZ060205 l~coPl'flljted/Tilleri:Jloflri$lJI(lO::ljServic:e;Offlcl!l,lnc, eop"ight 2OlJo4, ~~I~!!~lI~~It!lflI!!II!~II:lm!~II!~t~I~~IJ!JI!I! P;vtSor7 olOo;j'/" ~/L~/ZULU Z L~ UU ~M t-'AU~ 'd/U.LU .l"aX t>t::rvr:::r I a. not done intentionally by or at the direction of: (1) the insured; or (2) <lny executive officer, director, stockhulder, partner or member of the insured ~taH; and b. not directly or indirectly related to the employment, prospective employment or lermination of employment of any person or persons by any insured The insurance afforded under this provision does not apply (0 lines or penalties, or that ponlon of any aW;;Ird or judgment caused by trebling or mUltiplication of actual damages under slale or federal law. This provision does nol apply if Coverage B - Personal and Advertising Injury liability is otherwise excluded either by Ule provisions of this Coverage Form or by any endorsement. 1 S. PRODUCT RECALL EXPENSE a. With respecl to this Provision 19., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. b, The rOllowing is added to Section III - Limits or Insurance section: 1, The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay reQ.ardless at the number of (a) Insureds; (b) "Covered recalls~ initialed: or te) Numbe, or "your prOdUcts" recalled. 2. The Product Recall Aggregate limU is the most we will reimburse you lor Ihe sum 01 all .product recall expenses" incurred for all "covered recalls" initiated during the policy period.' 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you lor the sum 01 all ~product recall expenses. arising out of anyone "covered recall~ lor Ihe same defect or deficiency. Products Recall Schedule Limits of Insurance Proclucl Recall Aggregate Limit Each Product Recall Limil S50,000 $25.000 The limits or Insurance lor this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with Ihe beginning or the polley periOd shown in the Decla- rations, unless the policy period is extended after issuance lor an additional period of less than 12 months. In that case, the additional period will be deemed par1 or the last preceding period for the purposes 01 de- termining the Limil5 uf Illsurance. c. The lollo"..;ng is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Sl!!clion IV - Conditions: You must see to it that the following are done in the event at an actual or anticipated "covered recalr that may result in "product recall expense": 1. Give us prompt notice 01 any discovery or notification that "your product~ must be 'Nilhdrawn or recalled. In- clude B description of .your product" and the reason jar the withdrawal or recall; 2. Cease any further retease, shipment, consignment or any other method of distribution of like or similar pfOduclS until it has been determined thai all such products are free rrom defecls that could be a cause of loss under this insurance; , :I. As o"en as may be reasonably required, permit us to inspect "your producl~ that demonstrates the need tor the "covered recaU" and permit us to examine your books and records, Also permit us to tak.e damaged and undamaged samples or ~your products" lor inspection, testing and analysis; and permit lIS to make copies from your books and records; 4. Send us a signed, sworn, proal at loss containing Ihe information we requested to settle lhe claim. You must do this within 60 days after our request. We will supply you with the necessary jorms; and 5. Permit us to examine any insured under oath, while not in lhe presence at any other insured and at such times as may reasonably be required, about any maner rel<iting to this insurance or your claim, including an insured's books and records. In Ihe event of an examination, an insured's answers must be signed. Fage6017 Includ(!SCCJP'jligh\edmalertaJQrl~5elvk;esOlflCe,ll'lC. Copyrig1l2004, ~!!I!!II~Ilt1!!~!!!lI!~II~!I!!II!lHll!IJ!!111J111 VCG2050206 b.LU';).j(" ~/iO/~UiU ~ i/:UU ~M ~f\1lJ:. iU/UiV rd.X OIJ.l"VIJ.l" . d. The following definitions era added to the Definitions Section: 1. "Covered recaU" means a recall made necessary because the insured or a government body has deter- mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in .your product~ has resulted in or will resull in "bodily injury" or "property damage". 2. .Product Recall Expense" means: (a) The following necessary and reasonable eKpenses you incur exclusively for the purpose of recalling "your producr: (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled produt:!s Irom any purchaser, &;tributor or user to the place or places designated by you; (3) For remuneration paid to your ragular "employees. lor necessary overtime; (4) for hiring additional person.5, other than your regular "employees"; (5) Incurred by "employees., including transportation and accommoda~ons; (6) To renl additional warehouse or storage space; or (7) For disposal of "your products", but only 10 the extent thai specific methods of deslrut:Uon other than those t:Imployed lor trash discarding or disposal are required to avoid "bodily injury" or ~property damage" as a result of such disposal, but ~product recall ellpensesQ does not include costs 01 regaining your market share, goodwill, revenue or protil. (b) "Product Recall Ellpense" does not include any ellpenses resulting from: (1) FaJlure of any product to accomplish its intended purpose; (2) Breach of warranties or litness, quality, durability or performance; (3) Loss 01 customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substi- lutes; (5) Caprit:8 or whim 01 the insured; (Ell A condition likely to causa loss or which any Insured knElw or had reason to know at the inception of this insurance; and (7) Recall or "your products~ that hava no known or suspected defect solely because a known or sus- pected defect In another of "your products" has been round 20. SUPPLEMENTARY PAYMENTS -INCREASED UMlTS In the SUPPLEMENTARY PAYMENTS - Coverages A and B provision: a. The limit lor the cost at bail bonds Is amended to $2,500; and b. The lImit for reasonable 911penses incurred by the "insured" is amended to $500 a day, VCX> ZIl5 02 05 1rQ.des~ m<teriel ollns.uranc:eSeMce&Offic:;a,tne C~t"I:<004,!!!I!!II!!!!II!:I!~II!II'II!lllll~I1!!r!!llIJ!!ll! Page7ot7 CITY OF ASHLAND Memo DATE: TO: FROM: RE: April 6, 2010 Mike Morrison/Mike Faught! Martha Bennet! Finance Department Dale Peters Security Improvements in City Buildings Background: This purchase is for continued improvements to the overall security of city buildings and properties. Over the past several years we have made improvements within the Police Department, City Hall, Community Development, and Electric Covered Storage. The equipment and software we have chosen is provided by CHOWN HARDWARE. The software is the Schlage SMS software. Chown Hardware is located in Portland, OR and they are the Southern Oregon Dealer and Installer for the equipment compatible with the Schlage SMS software. This software is expandable and can be use in all city owned facilities. Procurement Procedure: ORS 2.50.075 allows for sole source procurement, if that . procurement will allow for the "efficient utilization of existing goods". We ask that this be treated as a sole source. We have contacted Ingrersoll Rand also in the Seattle- Portland area and they do not want to compete with CHOWN and they do not have the Service Technicians available in Southern Oregon to support this project. MAINTENANCE DEPARTMENT 90 N. Mountain Ave Ashland, Ore90n 97520 oetersd.ashland.Dr.us Tel: 541-552.2292 Fax: 541.552-2304 TIY: 800-735-2900 r.l' . . ACORD. "CERTIFICATEOF LIABILITY INSURANCE OP 10 JC I DATE (MMlDOIYYYY) 04/16/10 ....... CHOWN-3 PRODUCER THIS CERTIFICATE'IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Fullerton & Company HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR. P. 0, Box 29018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Portland OR 97296-9D18 Phone: 503-274-6511 Fax:5D3-274-6524 INSURERS AFFOROING COVERAGE NAlC# INSURED INSURER A; SArF Corcoration INSURER B: Xjn 1, Inc. INSURER c: C 0 Xenium Resources 7401 5W Washo Ct 5#2DO INSURER 0: Tualatin OR 97062 INSURER E: COVERAGES THE POUCIES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER I b~~E~MM/DOrYYlE DATE' (M:~RD'}}y'1~ LIMITS ~NERAL. LIABIL.ITY EACH OCCURRENCE , - OMMERCIAL. GENERAL. UABllITY PREMISES YE~=~nce\ , - CLAIMS MADE D OCCUR MED EXP (Anyone person) , PERSONAL. & ADV INJURY , - GENERAL. AGGREGATE , - ~'l AGG~EnE 11IMIT APnSrER: PRODUCTS. COMPIOP AGG , PRO- . POLICY' JECT lOC ~TOMOBIL.E L.1AB1L.ITY COMBINED SINGLE LIMIT , ANY AUTO (Eaaccident) - - All OWNED AUTOS BODIL.Y INJURY (Per person) , - SCHEDUL.ED AUTOS - HIRED AUTOS BOD]L Y INJURY , NON-OWNED AUTOS (Peraccidenl) - PROPERTY DAMAGE , (Peraccidenl) ~GE LIABILITY AUTO ONLY. EAACCIDENT S ANY AUTO OTHER THAN EA ACC , AUTO ONL. Y: AGG , EXCESSlUMBREL.LA lIABILITY EACH OCCURRENCE , P OCCUR 0 CLAIMS MADE AGGREGATE --- '------.- , R DEOUCTIELE , RETENTION , , WORKERS COMPENSATION AND X ITORYlIMITS I IUE~- A EMPLOYERS' LIABILITY 949996 01/01/lD 01/01/11 EL EACH ACCIDENT 'l,ODO,OOD ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.l. DISEASE. EA EMPLOYE , 1, DDD, ODD ~~~~I~s~~v~g~~~s below E.l. DISEASE. POLICY liMIT '1,000,000 OTHER '. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV]SIONS As "'respects the operations of Chown, Inc. 333 NW 16th Ave, Portland OR, 972D9, Client #95D928 CERTIFICATE HOLOER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCR]BED POLICIES BE CANCELLED BEFORE THE EXP]RATION City of Ashland DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Purchasing Representative NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Kari Olson IMPOSE NO OBLIGATION OR LlABIL.1TY OF ANY KIND UPON THE INSURER, ]TS AGENTS OR 90 North Mountain Ashland OR 97520 REPRESENTATIVES. 0H~t,~PRE(!~7!~u ACORD 25 (2001/08) @ACORD CORPORATION 1988 .~ r~., CITY RECORDER Page 1/1 CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 .-"iffljDA'fETjj:Ijo\~ ii'of.<ipo1NI!JMBERm;liI 4/20/2010 09514 VENDOR: 000687 CHOWN SECURITY, CHOWN INC DBA POBOX 2888 PORTLAND, OR 97208 SHIP TO: Ashland Building Maintenance (541) 488-5358 90 N MOUNTAIN AVENUE ASHLAND, OR 97520 FOB Point: Terms: Net 30 days Req. Del. Date: Speclallnst: Req. No.: Dept: Contact: Dale Peters Confirmln9? No ~ira';iii~ liUiiii1l lIf~~.~I::!l,.t:..._DescrIDtiClnii'~="",~"1;~~~~ ~uliii1p.riCem iI.'iiiIEXt.~P.nCe'.H Automate Mountain Avenue Gate 9,654.35 Add to City's existing SMS System Per attached proposal dated 03/10/2010 Contract for Goods and Services Beginning date: May 1; 2010 Completion date: June 15, 2010 Insurance required/On file SUBTOTAL 9654.35 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 9.654.35 ASHLAND, OR 97520 D!lrAccountfNiiiiilfer_ _P.rol8ctlNiiiiibermllJ/l ~Amount__. "AccoUntlNiiiiiD8r_.!L!L1P.rojectTNUmDei_I__AiJjount_~ E 410.08.24.00.70410 9654.35 .<M 1- u.~ ~//o orlzed Signature VENDOR COPY o Emeraencv o Written findings attached o QUDte Dr Proposal attached CooDerative Procurement o State Df OregDn CDntract # o State Df WashlngtDn CDntract # o Other gDvemment agency contract Agency CDntract # o Interagency CDntract Agency CDntract # 1'~ORM#10 I ~;~J~:;m~~A'!:'.!l;.tJlili.",.;:;:i:;;;~~e;;':";"~t:"''';.r':;J!t;:in!\rC"''i"":"lt;::cl\~r~~:-:,:,-::,,'!("~'r~~?:::':~;ttl't:';'F~"'~";:;~':""r\"';;;:~,'.-'~ ~.~if;!~~~I!~~!~g:-'~I;,~,~.I;~~)~,~RM, Deseription of GOODS & SERVICES or PERSONAL SERVICES . CDntractDr/CDnsultant: d /'. <7 ,f ~ .+- L-:.e~ (!:.-"r( ~At . U <./ / ?Jtf~. /~ I}( Per attached cDntract PUBLIC CONTRACTING RE UIREMENTS - Solieitation Proeess o Exemot frDm Comoetitive Biddina Reason fDr exemption: o Invitation to Bid (CDpies Dn file) o Small PrDcurement & Personal Services Less than $5.000 NDte: T Dtal contract amDunt, including any amendments may nDt exceed $6,000 o Reauestlor Prooosal (CDples Dn file) Please check Dne: o Goods & Services o persDnal Services Intermediate Procurement GOODS & SERVICES $5.000 tD $75.000 o 3 Written QUDtes PERSONAL SERVICES $5.000 to $75.000 o (3) Written PropDsals Sole SDurce ~ yvritten findings attached Gr QUDte Dr Proposal attached o SDeclal Procurement o Written findings attached o QUDte Dr Proposal attached CITY OF ASHLAND Total Amount o '~t$~ rg~ YES NO Have all public cDntracting requirements been satisfied? If "NO", CDuncil apprDval is required. CDuncil approval received Dn (Date) Have funds been budgeted fDr the purpDse Df this cDntract? ~ YES If 'NO", CDuncil approval is required. CDuncil approval received on Please provide: Account Number 1!~ (l~ ~(-~ -'? '?~r.. ~ NO (Date) Is the amDunt Df the cDntract less than $25,OOO? ,/ YES If 'NO", Legal review is required. Contract was 'Approved as tD fDrm" by the Legal Department Dn , Is the amDunt Df the cDntract less than $75,000 fDr GDDds & Services Dr $50,000 fDr PersDnal Services? YES ~ If "NO", CDuncil approval is required. Council approval received Dn NO !Date) NO (Date) Is the cDntract fDr a periDd Df 24-mDnths Dr less? If 'NO', CDuncil approval is required. CDuncil approval received Dn V"' NO YES (Date) If "NO", CDuncil approval is reqUire~. C ,uncil apprDval received on d-J~ ~ PI~ Prepared by: ~ /' Approved / NDt ApprDved ~t-I{~-? ~~_~ () Lee Tuneberg tJ~.- ~ -/0 Date:;;-;1; // cJ , / Please provide terms: Start date: CDmpletiDn date: Can the cDntract be terminated fDr cDnvenience thirty (30) or fewer days fDlIDwing delivery Df written nDtice tD the cDntractDr? YES /" NO (Date) Department: Date: FDnn #10 - CDntract Approval Request FDnn, Page 1 Df 1, 4/20/2010 A request for a Purchase Order REQUISITION FORM CITY OF ASHLAND Date of Request: 1 MAR 2010 THIS REQUEST IS A: D Change Order(existing PO # Required Dale of Delivery/Service: 1 APR 2010 VendDr Name Address City, State, Zip TelephDne Number Fax Number CDntact Name r.~nWN !=:1=r.IIRITV ~t~~ NW 1 AlII A VF Portland OR 9n09 503-243-6519 TOM SHIEL 541.915.5975 SOLICITATION PROCE Small Procurement D Less than $5,000 o QUDtes (OptiDnal) Copy Dr contract attached ReDuest fDr PrDDDSal (CDpies on file) Soeciall ExemDt Wollen findings allached D Quote Dr Pro sal attached D Emeraencv D Wrillen findings attached D QUDte Dr Pro Dsal allached Intermediate PrDcurement D (3) Wollen QUDtes (CD pies allached) CDntract # Description of SERVICES AIA.-bor>'\~-6:;- WI ,,~ 010411:: - Anb G:4Te TO OI.AQ. e.,c:.\ s"t I......~ -SW"lS S'i~ Bl'. Per attached PROPOSAL Item # Quantity Unit Description of MATERIALS Unit Price Total Cost D Per attached QUOTE PrDject Number u____.___ AccDunt Number11C~.Q~?f '~~'712'1.~ 'Items and services must be charged to the appropriate aCCDunt numbers for the financials to reflect the actual expenditures accurately. By signing this requisition form, / certify that the information provided above meets the City of Ashland public contracting requirements, and the documentation can be provided upon requesf.L Employee Sign~ure: '- ~ SupervisorlDept. Head Signature: ~,a.JlI~_ G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc Updated on: 3/1/2010