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HomeMy WebLinkAbout2012-233 Contract - Park Avenue Turf Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Park Avenue Turf ASHLAND CONTACT: Michael Strunk 20 East Main Street Ashland, Oregon 97520 ADDRESS: 3075 Old Gravenstein Hwy South, Telephone: 541/488-6002 PO Box 2198, Sebastopol, CA 95473 Fax: 541/488-5311 TELEPHONE: 707-823-8899, Cell 707-486-4326 DATE AGREEMENT PREPARED: September 5,2012 FAX: BEGINNING DATE: September 17, 2012 COMPLETION DATE: Oct9P900, 29E COMPENSATION: $19,400.00 per proposal attached as Exhibit C. GOODS AND SERVICES TO BE PROVIDED: Contractor to provide and install TO,000 sq ft of T-1 Sand Based Bent Grass and provide 500 lineal feet of 90/10 Rye Blue Grass per proposal attached as Exhibit C. Location: ,Oak Knoll Golf Course, Holes #7 and #8, 3070 Hwy 66, Ashland, Oregon 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, 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 2796.220, 2798225, 2796.230, 2798.235, 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 $19,494 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 Contract for Goods and Services Less than$25,000, Revised 06/30/2012, Page 1 of 5 conditions: 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 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 .r 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. Contract for Goods and Services Less than$25,000, Revised 06/30/2012, Page 2 of 5 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 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 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. Contract r: City of Ashl By �GYa-..4 . By ✓�_ Signature Department Head if,�G4�. AA1�fI fPO�u c�t�F/rl� �o` 1 CdbCI� Print Nime Print Name �— 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 06/30/2012, Page 3 of 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 j 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. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. t/ (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 3 2 Contractor (Date) (Date) Contract for Goods and Services Less than$25,000, Revised 06/30/2012, Page 4 of 5 �`, CITY OF ASHLAND OFFICIAL RECEIPT 20 East Main Street Ashland,Oregon 97520 '- Recei flUfllb�f? 00030749 (541)498-6004 - P- .; Receipt Payee nartre PARK AVENUE TURF INC. date 9113!2012 Customer N0: 020288 Tender type Charge Check number 00038205 Application License type Temporary License 25.Ob a>'•�ecetjltarrioun 25.00 I T00 GROWING &INSTALLATION OF FINE SODS / (J We roll out the green carpet for.you ... L Bid- Proposal August 23, 2012 Proposal Submit to: Job Location: Jason Minica 3070 Hwy 66. City of Ashland Oak Knoll Golf Course, Ashland, Oregon Delivery required by: September 28, 2012 (Quote good through 12/31/2012) 10,000 square feet T-1 sand based bent grass @ 1.55 per sq ft = $15,500.00 Installation of 10,000sq It of T-1 bent grass @ .39 per sq,ft = $ 3,900.00 500 lineal feet of 90/10 Rye Blue @.00 $ .00 - (Bent grass greens will be wrapped with 90/10 Rye Blue at no additional cost.) Professional installation includes pre plant fertilizer and rolling. *City of Ashland will be responsible for all site prep. Price includes shipment FOB Ashland- Freight Prepaid 5 day notice required before delivery and installation. Golf course will provide forklift and unload truck. Total Quote: $19,400.00 i Terms: Net 30 upon approval of credit application or 2% discount for COD Acceptance of Proposal Park Avenue Turf is hereby authorized to furnish all material and labor described in the above proposal,for which the undersigned agrees to pay the amount state in said proposal and according to the terms thereof. Signature Date. Any question should be directed to Michael Strunk @ 707-486-4326. CORPORATE OFFICE DIXON OFFICE Post Office Box 2198 7988 Robben Rd. Sebastopol, California 95473 Dixon,CA 95620 (707)823-8899 (707)693-8899 (800)734-8859 WHOLESALE&RETAIL FAX:(707)823-9010 PARKAVE-01 DWATTS ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM DD Y ) �� 9112/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 endomement(s). PRODUCER CONTACT NAME: George Petersen Insurance Agency,Inc. PHONE FAX P.O.Box 3539 (A/C,No.Est):(707—)525.4150 (AiC,NO)_(707)525-4175 Santa Rosa,CA 95402 E-MAIL DREE_5: INBURER(S)AFFORDING COVERAGE NAICp INSURER A:Allied Insurance 142579 INSURED INSURER B: Park Avenue Turf,Inc. INSURER C: 1 P.O.Box 2198 INSURER D: Sebastopol,CA 95473 �— 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 ADDOSUBR POLICY EFF POLIOV EXP LTR TYPE OF INSURANCE INSR VO. POLICYNUMBER (MMIOD/YYYW)_ (MMIOD/YYYYI LIMITS VI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X FPK7805544318 V812012 418/2013 DAMAGE TO RENN7ED $ 100,0001 PREMISES(Ea ocprnence) CLAIMS-MADE 1XI OCCUR MED EXP(Any me perm) S 5,000 PERSONAL&AUV INJURY _ $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG S 2,000,000, X1 POLICY PR LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea acadent) E A ANY AUTO X FPK7805544318 4/812012 41812013 BODILY INJURY(Per person) E ALL OWNED 7X SCHEDULED BODILY INJURY(Per accident) 8 X AUTOSAUTOS X NONOWNED PROPERTY DAMAGE E AUTOS (Per acadenL E UMBRELLA LIAR OCCUR EACH OCCURRENCE E EXCESS LIAR CLAIMS-MADE AGGREGATE _ E _ DED RETENTIONS $ WORKERS COMPENSATION VrC STATU- OTH. AND EMPLOYERS'LIABILITY —1TORY-UMITS ER._ ANY PROPRIETORIPARTNEWEXECUTIVE YIN E.L.EACH ACCIDENT $ OFFICER IAEMSER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EAEMPLOYEES If Dyes,des:nb.urder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I E DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re:Oak Knoll Golf Course The City of Ashland,Oregon,and its elected officials,officers and employees are named as Additional Insureds with respect to General liability per form CG 71 57 08 04(includes primary wording)and Auto Liability per form AC 10 02 03 10,attached. l CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Karl Olson Purchasing Representative 90 N.Mountain Avenue Ashland,OR 97520 AUTHORIZED REPRESENTATIVE . ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 71 57 08 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to 1. "Bodily injury", "property damage" or "personal include as an additional insured any person or or- and advertising injury" arising out of the ren ganization for whom you are performing opera- dering of, or the failure to render, any profes- tions when you and such person or organization sional architectural, engineering or surveying have agreed in a written contract that such person services, including: or organization be added as an additional insured a. The preparing, approving, or failing to pre- on your policy. Such person or organization is an pare or approve, maps, shop drawings, additional insured only with respect to liability for opinions, reports, surveys, field orders, "bodily injury","property damage" or"personal and change orders or drawings and speciflca- advertising injury"caused, in whole or in part, by: tions; or 1. Your acts or omissions; or b. Supervisory, inspection, architectural or 2. The acts or omissions of those acting on your engineering activities. behalf; 2. "Bodily injury" or "property damage" occurring in the performance of your ongoing operations after: for the additional insured. a. All work, including materials, parts or A person's or organization's status as an addi- equipment furnished in connection with tional insured under this endorsement ends such work, on the project (other than ser- when your operations for that additional in- vice, maintenance or repairs) to be per- sured are completed. formed by or on behalf of the additional in- No such person or organization is an addi- sured(s) at the location of the covered tional insured for liability arising out of the operations has been completed; or "products-completed operations hazard". b. That portion of "your work" out of which the injury or damage arises has been put to its B. The following is added to SECTION III — LIMITS intended use by any person or organization OF INSURANCE: other than another contractor or subcon- tractor engaged in performing operations The limits of insurance applicable to the additional for a principal as a part of the same project. insured are those specified in the written contract D. With respect to the insurance afforded to these between you and the additional insured, or the lim- additional insureds, Condition 4. Other Insur- ils available under this policy, whichever are less. ance is replaced by the following: These limits are part of and not in addition to the limits of insurance under this policy. 4. Other Insurance If other valid and collectible insurance is avail- C. With respect to the insurance afforded to these able to the insured for a loss we cover under additional insureds, the following additional exclu- Coverages A or B of this Coverage Part, our obligations are limited as follows: sions apply: This insurance does not apply to: CG 71 57 08 04 Includes copyrighted material of ISO Properties, Inc.,with its permission. Page 1 of 2 CG 71 57 08 04 a. Primary Insurance When this insurance is excess over other This insurance is primary except when it is insurance, we will pay only our share of the excess as provided under part b., below. amount of the loss, if any, that exceeds the When this insurance is primary, we will not sum of: seek contribution from other insurance (1) The total amount that all such other in available to the person or organization surance would pay for the loss in the shown in the Schedule of this endorsement. absence of this insurance; and b. Excess Insurance (2) The total of all deductible and self- This insurance is excess over: insured amounts under all that other in- (1) Any of the other insurance, whether surance. primary, excess, contingent or on any We will share the remaining loss, if any, with other basis: any other insurance that is not described in (a) That is Fire, Extended Coverage, this Excess Insurance provision and was not Builder's Risk, Installation Risk or bought specifically to apply in excess of the similar coverage for"your work"; Limits of Insurance shown in the Declara- tions of this Coverage Part. (b) That is Fire insurance for premises rented to you or temporarily occu- c. Method Of Sharing pied by you with permission of the owner; If all of the other insurance available to (c) That is insurance purchased by you the additional insured permits contribu- to cover your liability as a tenant for tion by equal shares, we will follow this "property damage" to premises method also. Under this approach each rented to you or temporarily occu- insurer contributes equal amounts until it pied by you with permission of the has paid its applicable limit of insurance owner; or or none of the loss remains, whichever comes first. (d) If the loss arises out of the mainte- If any of the other insurance available to nance or use of aircraft, "autos" or the additional insured does not permit watercraft to the extent not subject contribution by equal shares, we will to Exclusion g. of Section I — Cov- erage contribute by limits. Under this method, A — Bodily Injury And Prop- each insurer's share is based on the ra- erty Damage Liability do of its applicable limit of insurance to When this insurance is excess, we will have the total applicable limits of insurance of no duty under Coverages A or B to defend all insurers. the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the addi- tional insured's rights against all those other insurers. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of ISO Properties, Inc.,with its permission. CG 71 57 08 04 COMMERCIAL AUTO AC 0102 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. CHANGES FOR TRAILERS AND FARM rental of a vehicle is an"insured" for Liability EQUIPMENT Coverage, but only to the extent that person 1. Under the COVERED AUTOS SECTION or organization qualifies as an "Insured" un- the following are added to Paragraph C., der the Who Is An Insured Provision Certain Trailers, Mobile Equipment and SECTION in the LIABILITY COVERAGE S Temporary Substitute Autos: SECTION the Coverage Form 4. "Trailers" designed to be towed by a pn- D. REPLACED D EXCLUSIONS vate passenger type "auto" or a pickup, The Expected or Intended Injury Exclusion panel truck or van If not used for busi- in the LIABILITY COVERAGE SECTION is ness purposes, other than farming or replaced by the following: ranching. Expected or Intended Injury 5. Farm wagons or farm implements while "Bodily Injury" or"property damage"which is • being towed by a covered"auto". expected or intended by the "insured". This B. CHANGES FOR ADDITIONAL NEWLY exclusion applies even if the resulting "bodi- ACQUIRED VEHICLES ly injury"or"property damage": 2. Paragraph B.2 of the COVERED AUTOS a. is of a different kind,quality or degree SECTION is replaced by the following: than initially expected orlintended;or 2. If Symbol(s) 7 or 67 is entered next to b. is sustained by a different person,entity, coverage in Item Two of the Declara- real property, or personal property than tions, an "auto" you acquire will be a that initially expected or intended. covered"auto"for that coverage only if: E. ADDITIONAL EXCLUSIONS a. We already cover at least one "auto" The following exclusions are added to the you own for that coverage or It rep- LIABILITY COVERAGE SECTION: laces an "auto" you previously Damage to Named Insured's Property owned that had that coverage;and b. You tell us within 30 days after you Any claim or "suit" for "property damage" acquire it that you want us to cover you or on your behalf against any other per- acquire for that coverage. son entity that is also a Named Insured under this policy. The most we will pay for Physical Damage Abuse or Molestation Coverage for"loss" under this Coverage Ex- tension Is $100,000 per "auto", subject to "Bodily injury" or "property damage" arising the largest deductible applicable to any "au- out of: to"for that Coverage. a. The actual or threatened abuse or C. BLANKET ADDITIONAL INSURED molestation by anyone or any person Any person or organization which you have while In the care, custody or control of agreed to name as an additional insured in a any"insured",or written contract, executed prior to an acci- b. The negligent: • dent, other than a contract for the lease or 1) Employment; AC 01 020310 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. FPK BAN 7841-5544718 74PW 12080 INSURED COPY AC01 02 0 31 0 0D 0001 78 8020884 I AC 0102 03 10 M. EMERGENCY LOCKOUT — PRIVATE 3. Original copies of receipts for services of a • PASSENGER VEHICLES locksmith must be provided before reim- We will reimburse you up to $50 for reasonable burse mantis payable. expense incurred for the services of a locksmith N. LIBERALIZATION to gain entry Into your covered "auto" of the pri- Paragraph 3, of the General Conditions Is re- veto passenger type subject to these provisions: placed by the following: 1. Your door key or key entry pad has been If we adopt any revision that would broaden the lost, stolen or locked In your covered "auto" coverage under this policy without additional and you are unable to enter such "auto",or premium within 60 days prior to or during the 2. Your key or key entry pad has been lost or policy period,the broadened coverage will Im- stolen and you have changed the lock to mediately apply to this policy. prevent an unauthorized entry;and All terms and conditions of this policy apply unless modified by this endorsement. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 0102 0310 with its permission. FPK BAN 78-05560318 74PW 12030 INSURED COPY ACD102031000 0001 78 0020855 AC 0102 0310 • 4. The cost of repairing or replacing may: 4. A member, If you are a limited liability com- a. Be based on an estimate which includes pany' parts furnished by the original equip- K. UNINTENTIONAL FAILURE TO DISCLOSE ment manufacturer or other sources in- HAZARDS cluding non-original equipment manu- The BUSINESS AUTO CONDITIONS SECTION facturers and and MOTOR CARRIER CONDITIONS b. Include a deduction for betterment for a SECTION B.2. are amended by the addition of part or parts that are normally subject to the following: repair or replacement during the useful If you unintentionally fail to disclose any hazards life of the"auto",such as,but not limited existing at the Inception date of your policy, we to tires and batteries. will not deny coverage under this Coverage Betterment means the difference be- Form because of such failure. However, this tween the actual cash value of a part provision does not affect our rigtit to collect addi- Immediately before the "loss" and the tional premium or exercise our night of cancella- cost to replace that part with a new part. tion or nonrenewal. 5. If we offer to pay the actual cash value of L AUTOS HIRED OR RENTED BY the damaged or stolen property,we will val- EMPLOYEES ue auto advertising wraps, paint customize- If hired or rented "autos"are covered"autos" on tion, and similar business related advertising this policy,the following provisions apply: modifications, In addition to the actual cash A. Changes In Liability Coverage value of the property. Auto advertising The following is added to the Who Is An In- wraps, paint customization, and similar sured Provision in the LIABILITY business related advertising modifications COVERAGE SECTION: will be valued at the cost to replace them with an adjustment made for depreciation An "employee" of yours is an "insured" while • and physical condition, operating an "auto" hired or rented under a I. GLASS REPAIR—WAIVER OF DEDUCTIBLE contract or agreement in that "employee's" Under Paragraph D. Deductible of the name,with your permission,while performing PHYSICAL DAMAGE COVERAGE SECTION, duties related to the conduct of your busl- the following is added: Hess. No deductible applies to glass damage if the B. Changes In General Conditions glass Is repaired rather than replaced. Paragraph 5.b. of the Other Insurance J Condition In the Business;Auto Coverage J. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM,SUIT, OR LOSS Form and Paragraph 5.f.of the Other Insur- ance Condition in the Motor Carrier Cover- The requirement in Loss Condition 2.a. Duties In age Form are replaced by the following: the Event Of Accident, Claim, Suit Or Loss—of For Hired Auto Physical Damage Coverage, the BUSINESS AUTO CONDITIONS SECTION the following are deemed to!be covered"au- and the MOTOR CARRIER CONDITIONS tos" you own: SECTION that you must notity us of an "acci- dent", "claim", "suit", or "loss" applies only when 1. Any covered "auto" you lease, hire, rent the "accident", "claim", "suit", or "loss" Is known or borrow;and to : 2. Any covered "auto" hired or rented by 1. You,if you are an Individual your"employee'under a contract In that 2. A partner,If you are a partnership; individual "employee's" name, with your 3. An executive officer or the employee desi - permission, while performing duties re- 9 lated to the conduct of your business. nated by you to give such notice If you are a corporation; or However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered"auto". I • AC 0102 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 j with its permission. FPK BAN 78 4L544318 74PW 12080 INSURED COPY AC0102WI000 0001 78 0020854 I AC 0102 03 10 2) Investigation; This insurance does not apply to: • 3) Supervision; a. "Loss" to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report;or vate passenger"autos". 5) Retention; b. "Loss" to TV antennas, awnings or ca- of a person for whom any "insured"is or bangs. ever was legally responsible and whose c. "Loss" to equipment designed to create conduct would be excluded by Para- added living facilities. graph a.above. However, these exclusions do not apply If Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE "Bodily Injury" or "property damage" caused COVERAGE by the explosion of explosives you make, Under Paragraph B.3.a. of the PHYSICAL sell or transport. DAMAGE SECTION,the following Is added: Rolling Stores Mechanical breakdown does not include the ac- If a covered "auto" Is a rolling store, "bodily cidental discharge of an airbag. Injury" or "property damage" resulting from H. PHYSICAL DAMAGE LIMIT OF INSURANCE the handling, use or condition of any Item Under PHYSICAL DAMAGE COVERAGE the "Insured" makes, sells or distributes if SECTION, Paragraph C., Limit of Insurance is the injury or damage occurs after the "in- replaced by the following: sured"has given up possession of the Item. C. Limit Of Insurance Wrong Delivery of Liquid Products 1. The most we will pay for 'loss" in any "Bodily injury" or "property damage" result- one"accident"is the lesser of: Ing from the delivery of any liquid into the a. The actual cash value of the damaged • wrong receptacle or to the wrong address, or stolen property as of the time of the or from the delivery of one liquid for another, "loss",or if the "bodily Injury" or "property damage" occurs after the delivery has been com- b. The cost of repairing or replacing the pleted. damaged or stolen property. Delivery Is considered completed even if fur- 2. $1,000 is the most we will pay for "loss" in ther service or maintenance work, or wrrec• any one "accident" to all electronic equip- tion, repair or replacement is required be- meat that reproduces, receives or transmits cause of wrong delivery. audio, visual or data signals which, at the time of"loss",is: Professional Services a. Permanently installed in or upon the "Bodily Injury": covered "auto" In a housing, opening or a. Resulting from the providing or the fail- other location that is not normally used ure to provide any medical or other pro- by the "auto"manufacturer for the instal- fessional services. lation of such equipment. b. Resulting from food or drink furnished b. Removable from a permanently Installed with these services. housing unit as described In Paragraph "Bodily Injury" or "property damage" result- 2.a. above or Is an Integral part of that ing from the handling of corpses. equipment or F. MOTOR HOME CONTENTS COVERAGE c. An integral part of such equipment. 1. For a covered "auto" that is a motor home 3. An adjustment for depreciation and physical the following exclusions are added to the condition will be made in determining actual PHYSICAL DAMAGE COVERAGE cash value in the event of a total"loss". SECTION: Motor Home Contents • Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., AC 0102 0310 with its permission. FPK BAN 76-0-6644318 74PW 12060 INSURED COPY A00102031000 0001 7e 0020863 .1�1 • PARKAVE-01 DWATTS ncoRO CERTIFICATE OF LIABILITY INSURANCE DA v) 9112/ �i s/1z/2012 1z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Geor a Petersen Insurance Agency,Inc. PHONE FAX P.O.Box 3539 -1AIC,No,.Ext):(707)525-0150 (AAC,Na)_(707)525-4175 Santa Rasa,CA 95402 ADDRESS: INSURER(5)AFFORDING COVERAGE NAICp INSURER A:Cypress In5Ura nCe COmpa Oy , INSURED INSURER B: Park Avenue Turf,Inc. INSURER C: P.O.Box 2198 INSURER D: Sebastopol,CA 95473 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 ADUL SUER POLICY EFF POLICY EXP Lr, TYPE OF INSURANCE INSR WYD POLICYNUMBER IMMIDDIYYYY) (MMIDDFYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE E DAMAnn�ETORENTED COMMERCIAL GENERAL LIABILITY PREMISES LEa owrnenceJ 5 CLAIMS-MADE ❑OCCUR MEO EXP IAny ma perm) $ PERSONAL 8 AOV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PROOUCIS-COMPIOP AGG E POLICY JE°Sl LOC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E (Ea aeotlenl) _ ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per awdenq S AUTOS AUTOS NONOWNED PROPERTYDAMAG I S HIRED AUTOS AUTOS (Perac canttJ IS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE 5 DED RETENTIONS I S WORKERS COMPENSATION X WC STATU- I IOTH- ANDEMPLOYERS'LIABILITY TORY LIMIT$.7�ER _ A ANY PROPRIETORIPARTNEWE XECUTIVE YIN 3300056296121 1/1/2012 1/112013 E.L.EACHACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA — (Mandatory InNMI E.L.DISEASE-EA EMPLOYEE' 1,000,0001 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Re:Oak Knoll Golf Course Certificate of Insurance issued as Proof of Coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI Of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Karl Olsen Purchasing Representative 90 N.Mountain Avenue Ashland,OR 97520 AUTHORIZED REPRESENTATIVE ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD �' 'Page 1 /1 CITY OF �I` t y RECORDER �. ASHLAND DATE PO NUMBER 20 E MAIN ST. 9/7/2012 11159_ ASHLAND, OR 97520 (541)488-5300 VENDOR: 017239 SHIP TO: Ashland Parks PARK AVENUE TURF C/O 90 N. MOUNTAIN PO BOX 2198 z (541) 488-5354 ASHLAND, OR 97520 FOB Point: ,7 S'/'c • Req.No.: - Terms: Net r. <- =r= ��t.,zr-t- ,} Dept.: Req.Del.Date: f,I'A 1 contact: Bruce Dickens ' Special Inst `�--="�/ Confirming? No -- Quantity Unit Description Unit Price Ext.Price THIS IS A REVISED PURCHASE ORDER 10,000.00 Feet Sod for Hole 7 &8 -Oak Knoll Golf 1.55 15,500.00 Course T-1 sand based bent qrass (Bent qrass preens will be wrapped with 500 lineal feet of 90/10 Rye Blue at no additional cost) 10,000.00 Feet Installation of 10,000 sq ft of T-1 0.39 3,900.00 bent qrass (a)$.039/per sq ft SUBTOTAL 19 400.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 19,400.00' ASHLAND, OR 97520 Account Number - ,ProjecfNumber " Amount Account Number Project Number Amount E 410.03.22.00.70420 (,E 000312.999 19140-0-0--0 �_- /-v- Auth6dzed Signature VENDORCOPY FORM #3, CITY OF (-J ASHLAND 4 REQUISITION Date of request: Required date for delivery: Vendor Name Address,City,State,Zip Contact Name&Telephone Number Fax Number SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency F­1 Reason for exemption:_ ❑ Invitation to Bid (Copies on file) ❑ Form#13,Written findings and Authorization ❑ AMC 2.50 Date approved by Council:— ❑ Written quote or proposal attached ❑ Written quote or proposal attached ❑ Small Procurement Cooperative Procurement Less than$5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct A.ward Date approved by Council: Contract# [I Verba]Mdtten quotes)or proposal(s) ❑ State of Washington Intermediate Procurement Sole Source Contract# GOODS&SERVICES ❑ Applicable Form(#5,6,7 or 8) ❑ Other government agency contract 5000to 100000 ❑ Written quote or proposal attached Agency (3)Written quotes attached ❑ Form#4, Personal Services$5K to$75K Contract# P RSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement $5,000 to$75,000 [1 ❑Form#9,Request for Approval Agency ❑ Less than$35,000,by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3)Written proposals attached (Date) Date approved by Council:— ❑ Form#4, Personal Services$5K to$75K Valid until: (Date) Description of SERVICES Total Cost $ item # Quantity Unit Description of MATERIALS Unit Price Total Cost A" 5" LOL r (0, 5;�-4 71 XOTAL COST, ❑ Per attached quotelproposal $ Project Numbeki!2=7- 35' / ccount Number A ---- --•-- -- ------ Account Number�Q-0f? -7C42C-0 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; ITDirector Date Support-Yes/No By signing this requisition form,I certify that the City's public contracting requirements have be satisfied. Employee Signature'.�— T)pb-ol PIL12AA /Department Head Sl- Additional signatures(if applicable): (Equal to or greater than$,5,000) Funds appropriated for current fiscal year., NO Finance Director-(Equal toareaterthan$5,000) Date Comments: ' J Form#3-Requisition