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HomeMy WebLinkAbout2012-076 Contract - Northwest Door Controls & Glass Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Northwest Door Controls & Glass ASHLAND CONTACT: Jay Hardgraves 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1367 Redwood Avenue, Grants Pass, OR 97527 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-476-7598 DATE AGREEMENT PREPARED: April 4, 2012 FAX: 541-476-9464 BEGINNING DATE: Aril 11, 2012 COMPLETION DATE: Ma 30, 2012 COMPENSATION: $3,955.00 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to provide and install new door with ADA operator at the Senior Center located at 1699 Homes Avenue x Walker per proposal attached as Exhibit C. ADDITIONAL TERMS: An advance payment of$1,000 will be made to the contractor per Bruce Dickens, Park Superintendent. Workers' Compensation is being waiv ecause the contractor does not have employees and will be performing all the work himself. itial 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, that 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 limited to $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 27913.220, 2796.225, 27913.230, 2796.235, 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 $18,890 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. City'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, Revised 06/30/2011, Page 1 of 5 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 no 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 to 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. Obligation/Liability 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.110 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 default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF 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 Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability 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 Liability 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 change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s)without 30 days' written notice from the Contractor or its insurers to Contract for Goods and Services Less than$25,000, Revised 06/30/2011, Page 2 of 5 the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds 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 within 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 Eleventh 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 available 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 work 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; City of As nd By By r7/� Si Lure Department Head Print 144me Print Name f)OA1PO _ q;L/(Z Title Date W-9 One copy of a W-9 is to be submitted with ® � the signed contract. Purchase Order No. Contract for Goods and Services Less than$25,000, Revised 06/30/2011, Page 3 of 5 I 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: (1) 1 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. X' (2) Commercial advertising or business cards or a trade association membership are purchased for the business. _>r' (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) 1 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. C tractor (Date) Contract for Goods and Services Less than $25,000, Revised 06/30/2011, Page 4 of 5 MAR-22-2012 13:21 From:NW Door Controls 15414769464 To:5414885314 Paee:1�1 BID'(service and materials) Date: 3/ 20 /2012 NORTHWEST DOOR CONTROLS & GLASS Job Number; 1367 Redwood Avenue, Grants pass, OR 97527 541 476-7598 fax 541 476-9464 CCB#78602 TO: City Of Ashland Bruce Dickenson 541 552-2252 Fax 488-5314 We are pleased to submit the following bid' Job Description: New door with ADA operator Homes Ave x walker Ashland, OR SERVICE and MATERIALS QUANTIT DESCRIPTION Total U.S. Aluminum 250 series storefront door and frame, dark bronzc anodized finish, with clear insulated glass , door Ito be offset pivot swing out complete with panic'"-exit device, weather strip and threshold. _Record USA 6100 series ADA swing door operator, full r function micz'oprocessor driven door operator Complete surface mount , with standard push arm, push plate knowing act activation and sin a e. Installed $ 3 , 955 . 00 -Electrical powes., 120 V, 15 A circuit required,• not included, supplied at additional expense. Price valid until: 30 Days Authorized signature date . From:Jeanette Simmons FaXID:HART INSURANCE Page 2 of 4 Date:4/172012 04:26 PM Page:2 of 4 _l'--`44 9NWDOOR OF ID:JS '44c'°RO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYY 04117112 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 pollcyjles) must 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 541-479-5521 NAME: Hart Insurance 541.474-1890 PHOFE P.O. BOX 1240 IC No E : AIC No: Grants Pass,OR 97528 EMAIL Hart Insurance Agency ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC r INSURERA:American Hallmark Ins Co of TX 43494 INSURED Jahard Inc Dba: INSURER B:Sentinel Ins Co 22357 Northwest Door Controls& Glass INSURER C: 1367 Redwood Avenue INSURER D: Grants Pass,OR 97527 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ABBLISUm POLICY EFF POLICY XP LTR POLICY NUMBER MMOD fMM0DfYYfY - LIMRS GENERAL LIABRITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL JASIUTY X 44CL437041 03/31/12 03131113 PREMISES(Ea occurrence) $ 100,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN•L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,00 X I POLICY PRO- LOD $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,00 Ea accident) $ B ANY AUTO 52UECVZ1744 03/31/12 03/31113 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident S UMBRELLA LIAR IOCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LMBILITY YIN EF ANY PROPRIETOP PARTNEP.IEXECUTIVE E.L.EACH ACCIDENT $ OFFICERR,IEMBER EXCLUDE04 F-1 NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,desalDe under DESCRIPTION OF OPERATIONS belmv E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Adach ACORD 101 Additional Remarks Schedule,If more zones Is required) Policy includes blanket additional insured per form MP9767 10/10 attached. CERTIFICATE HOLDER CANCELLATION CITYASH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, N0710E WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. AUTHORIZED REPRESENTATNE Ashland,OR 97520 E. Main Street Hart Insurance Agency IJ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD From:Jeanette Simmons FaxID:HART INSURANCE Page 3 of 4 Date:4117/2012 04:26 PM Page:3 of 4 General Liability Additional Coverages The following Additional Coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A.Blanket Additional Insured Coverage 1. SECTION II—WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include as an insured any person or organization(referred to as Additional Insured)whom you are required to add as an Additional Insured on this policy under: a.A written contract or agreement;and b.Where a certificate of insurance showing that person or organization as an additional insured has been issued c.When the written contract or agreement and certificate of insurance are currently in effect or becoming in effect during the term of the policy and executed prior to the"bodily injury,""property damage,"or"personal and advertising injury." 2.The insurance provided to the Additional Insured is limited as follows: a.The Additional Insured is only an additional insured for. (1)"Bodily injury,""property damage,"or"personal and advertising injury"caused in whole or in part by negligent acts or omissions of the Named Insured or anyone directly or indirectly employed by the Named Insured or for whose acts a Named Insured may be liable. (2) Liability arising out of your ongoing operations for the Additional Insured by or for you.A person's or organization's status as an insured under this coverage ends when your operations for that insured are completed. b.The Limits of Insurance applicable to the Additional Insured are those specified in the written contract or agreement but not more than the Limits of Insurance specified in the Declarations for this policy.The Limits of Insurance applicable to the Additional Insured are inclusive of and not in addition to the Limits of Insurance shown in the Declarations for the Named Insured. 3. In addition to the other exclusions applicable to Section I,Coverages A.,B.and C.of the 1 COMMERCIAL GENERAL LIABILITY COVERAGE FORM,the insurance provided to the Additional Insured does not apply to: a. "Property damage"to: (1) Property owned, used,occupied by,loaned or rented to the Additional Insured; (2) Property in the care,custody or control of the Additional Insured or over which the Additional Insured are for any purpose exercising physical control;or (3)"Your work"performed for the Additional Insured. b. "Bodily injury,""property damage,"or"personal and advertising injury"arising out of an archilect's, engineer's or surveyors rendering or failure to render any professional services for you,for the Additional Insured or for others, including,but not limited to: (1)The preparing,approving or failure to prepare or approve maps,drawings,opinions, reports,surveys,change orders, designs or specifications;or (2)Supervisory, inspection or engineering services. c."Bodily injury"or'property damage*occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work,on the project(other than service,maintenance or repairs)to be performed by or on behalf of the additional insured at the site of the covered operations has been completed;or (2)That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other Insurance, is amended to add the following subparagraph: d.Additional Insured's Other Insurance As Excess Insurance To the extent required by an"insured contract,"this insurance is primary on behalf of the Additional Insured; and any other insurance maintained by the Additional Insured is excess and not contributory with this insurance. If the "insured contract"does not require this provision,then Paragraph a.above will apply.. B. Mobile Equipment Broadened Coverage V.121(1)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by the following: (1) Equipment designed primarily for: (a)Snow Removal; (b) Road maintenance, but not construction or resurfacing;or (c)Street cleaning. Except the above provisions do not apply to self-propelled vehicles of less than 1,000 pounds gross vehicle weight which are not intended for use on a highway. C.Aggregate Limit Per Project MP 97 67 10 10 Includes copyrighted material of Insurance Services Office,Inc.and Page 1 of 2 American Association of Insurance Services,Inc.,with their permission From:Jeanette Simmons FaxID:HART INSURANCE Page 4 of 4 Date 411712012 04:26 PM PageA of 4 , The General Aggregate Limit under SECTION III—LIMITS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to you. Page 22 of 25 Includes copyrighted material of Insurance Services Office, Inc.and MP 97 67 10 10 American Association of Insurance Services,Inc.,with their permission D. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us The Transfer Of Rights Of Recovery Against Others To Us Condition(SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against any person or organization to whom you by written contract or written agreement have waived your own right or recovery for loss caused by that person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a written contract or written agreement with that person or organization and included in the"products-completed operations hazard" This provision does not apply unless the written contract or written agreement has been executed prior to the "occurrence"or offense giving rise to the"bodily injury"or"property damage." E.Voluntary Property Damage Coverage 1.We will,at your request,pay but not defend any claim for"property damage"to the property of others otherwise excluded under A.2.j.(4), (5)and(6)of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM provided that: a. Such"property damage"takes place while such property is in your care,custody or control,or is property of others over which you,for any purpose, are exercising or have exercised physical control;and b. Such"property damage"takes place away from any premises you own, rent or lease; and c. Such"property damage"takes place within the"coverage territory"and during the policy term; and d. Such"property damage"takes place only during your operations that are known to us, are scheduled on the policy and for which a premium has been charged. 2.The insurance under this additional coverage does not apply to"property damage"to property: a. Held by you for servicing, repair,storage or sale at premises owned by,rented or leased to you; b.While being transported by or caused by the ownership,maintenance,operation,use,'loading or unloading"of any "auto,'watercraft or aircraft;or ' c. Owned or occupied by or rented to you. 3. Deductible This additional coverage will apply only to that amount of any loss in each"occurrence"that exceeds $500.The terms of the policy with respect to your duties in the event of"occurrence,"claim or"suit"and the Company's right to investigate, negotiate and settle any claim or"suit"apply irrespective of the application of the deductible amount of$500. We may pay any part or all of the deductible amount of$500 to effect settlement of any claim or"suit"Upon notification of the action taken,you must promptly reimburse us for such part of the deductible amount as has been paid by us. 4. Limits of Liability The Limit of Liability for this additional coverage shall not exceed$2,500 for each"occurrence"and is the limit of the Company's liability for all damages on account of each claim or"suit"covered herein.The annual aggregate Limit of Liability is$2,500 and is, subject to the above provisions respecting each claim,the total limit of the Company's liability for all damages. 5.Settlement In the event of loss covered by this additional coverage,you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at actual cost to you,excluding prospective profit or overhead charges of any nature.Any property so paid for or replaced shall, at our option,become the property of the Company. Payment hereunder shall not constitute an admission of liability of you or,except as stated herein, of the Company. MP 97 67 10 10 Includes copyrighted material of Insurance Services Office, Inc.and Page 2 of 2 Amercan Association of Insurance Services,Inc.,with their permission Page 1 / 1 ' 6 CITY RECORDER Ashland Park Commission DATE . PO NUMBER 20 E MAIN ST. 5/1/2012 00093 ASHLAND, OR 97520 (541)488-5300 VENDOR: 003911 SHIP TO: NORTHWEST DOOR CONTROLS & GLAS 1367 REDWOOD AVENUE GRANTS PASS, OR 97527 FOB Point: Req.No.: Terms: net Dept.: Req.Del. Date: contact: Bruce Dickens Special[net: Confirming? NO %:•Quanb .i Unit ,. .,� + " Description `'--- > Unit Price Ext.Price Contractor to provide and install new 3,955.00 door with ADA operator at the Senior Center located at 1699 Homes Avenue (x Walker) per attached contract/proposal. Contract for Goods & Services Beginning date: April 11, 2012 Completion date: May 30, 2012 Insurance required/On file i Note: $1000.00 advance payment for materials authorized by Bruce Dickens, Parks Superintendent(Included in contract) SUBTOTAL 3 955.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 3,955.00 ;Account NumtieF Project Numtier ""'Amount Account Number .Project Number 1. Amount E 211.12.02.06.60211 Q 3,955.00 AuthorizeVSignature �z--- VENDOR COPY FORM #3 CITY OF A rl que5� , fOr G Ptir�:iaas 5,�f°i9e ASHLAND REQUISITION Date of request: Required date for delivery Vendor Name Oft W,&.if 1cor (b-nfyy1.5 iC4Cc-S Address,City,State,Zip j-6Le-7 ken(,Lwn Mel �.Seun P/155�0p�9752- . Contact Name&Telephone Number Fax Number � z__ !t16, 75CIT _�� s� �1u•rr/�y�Q� �� SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Ememencv ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached �] Small Procurement Cooperative Procurement /Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 El Contract of Washington Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5,000 to$100.000 ❑ Quote or Proposal attached Agency ❑ .(3)Written quotes attached Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5.000 to$75.000 ❑ Wdtten Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment. ❑ Quote or Proposal attached Contract# _ - - — ---Date approved b Council: - -- - ❑ 3 tA7ittedpro i7salsattached ` "_ Datea rovedfi-Councl:- - -- -- - pp y Description of SERVICES Total Cost Item # Quantity Unit Description of MATERIALS Unit Price Total Cost a 1 ❑ Per attachedquotelproposal TOTALCOSTtz Project Number______-___ Account Number___-__-__-__-______ AccountNumbey2l 1-.1 (X400 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 By signing this requisition form,I certify that the information provided above satisfies the City's public contracting requirement en the documentation can be provided upon request. Employee Signature: Department Head Signature: ' Additional signatures(if applicable): Funds appropriated forcurrent fiscal year., YES / NO Finance Director Date Comments: G:FinanceTrocedureIAMomisTorm#3-Requisition.doc Updated on:8/2412011