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HomeMy WebLinkAbout2012-305 Contract - Quality Fence Company Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: QUALITY FENCE COMPANY ASHLAND CONTACT: BRAD RIETMANN 20 East Main Street Ashland, Oregon 97520 ADDRESS: 114W. PINE STREET Telephone: 541/488-6002 P.O. BOX 3985 Fax: 541/488-5311 CENTRAL POINT, OR 97502 TELEPHONE: (541) 664-2281 DATE AGREEMENT PREPARED: 11/29/2012 FAX: BEGINNING DATEA1-29-12 COMPLETION DATE: 12/3012012 COMPENSATION: Exhibit "C" NTE $4,895.00 GOODS AND SERVICES TO BE PROVIDED: Exhibit "C" Quality Fence Proposal ADDITIONAL TERMS: N/A 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 279B.220, 27913.225, 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 $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 art, effective upon delivery of G:aub-wrksteng11230 Alley Extension - N Main to LoriW_Admin\10-17 Contract for Goods and Services Less than $25K - Revised 06 30 2012.docx, Page 1 of 6 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 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 $1,000,000 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 $1,000,000 for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. HA 10-17 Contract for Goods and Services Less than $25K - Revised 06 30 2012.docx, 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 Officeris 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 Ashland By By _ gnature Department ead 3rad RIetmann r Q Faora- _ Prin Name Print Name rIC4~, Ovvqcv- 2- A, -X_ title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. H:110-17 Contract for Goods and Services Less than $25K -Revised 06 30 2012.docx, 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 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. (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. Contractor (Date) HA10-17 Contract for Goods and Services Less than $25K- Revised 06 30 2012.docx, Page 4 of 5 EXHIBIT C PROPOSAL QUALITY FENCE COMPANY CCB # 8936 Find us also at, 114 W. Pine Street (541) 664-2281 ~rsantPass.OR 57 tai ...NOIOB T00 URGE PO Box 3985 1-800-451-8883 _.NO10 TOO SpALL Central Point, OR 97502 Fax: (541) 664-2949 zorr NE Lake area. RoseWtbtr% OR OR 9747e PROPOSAL SUBMITTED TO PHONE DATE 11 sTRE City of Ashland 541-552-2416 November 27, 2012 JOB NAME 51 Winburn Way CRY, STATE AND ZIP CODE JOB LOCATION Ashland, OR 97520 Hersey Street TTENTION EMAIL CELL Brad Barber brad.barberCc~ashland onus 541-951-0411 We hereby submit specifications and estimate for: Revision Installation of 81' of 7' high solid style white vinyl fencing with 12" of lattice on top for 8' overall height, 1 - walk gate and 2 gate posts. Installation of 8' of 6' high solid style white vinyl fencing. Total: $4,895.00 We Propose hereby to famish materials and labor-comple a in accordance with above specifications, for the sum of. symmn,o ..dl n o .o,c a M nwlenal is puanMeMwbe es Spetlap. MwMk hccmpbled NawarMwtlpa mamtn acartmp Nelattlna Authorized OpNUetSc. ara,k Anya edMaao„epm ae soewaN6geyesfanseaoaea upon cases. ses. rN become m a an ewa dime eve, a eendd aeoine n M me esertWe. NI tenseness; tenseness; aaaegead rd upo Signature nAema n coveted d wort ears Con ewryaens ali,n Dwnn Instoura,onae. rNe Thu naCO pmpoeMsal To b also abso su°kct eilect to hwtUrca p ru.ms o a,q re r e cmm o slwu en n co mnWnedeaco°y by waMwdanm. nwba maweeor. Brad Rietmao0 ch Note:"" proposal maybe withdrawn us ifaot accepted within 14 days Acceptance of Proposal-AII prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as Signature specified. Payment will be made as outlined above. I have read the entire Contract and agree to its content. Note: Quality Fence Co. not responsible for any damage to anything in or Signature below the ground or concrete. This includes private water line, electrical line, sprinkler systems, etc. Your signature indicates that you fully understand the limits of Quality Fence Co. responsibility. Date of acceptance: - QUALFEN-01 ATHOMPSON CERTIFICATE OF LIABILITY INSURANCE DATE (12/2012 12112/2012 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(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: DBA: Western States Insurance Agency of McMinnville PHONE Fax Western States Insurance Agency, Inc. at xe Ear: (503) 472-2121 ac n): : (503) 434-5872 P.O. Box 269 ADDRESS McMinnville, OR 97128 INSURER(S AFFORDING COVERAGE NAIC II INSURER A: Hallmark Insurance Group INSURED INSURER B: Quality Fence Co Reliable Electric Western Vinyl PTOdUtt$ INSURER C: Steve Rietmann INSURER 0: PO Box 3985 Central Point, OR 97602 - INSUREE: INSUR1:1 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 DOCUMENTWITH 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. DISK TYPE OF INSURANCE POLICY EFF POLICY E%P LTR SR WVD POLICY NUMBER MMIDO MMIDD LIMITS GENERAL UIBRTrY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X 44CL466835 11/19/2012 11/19/2013 PREMISES Eaommence $ 100,00 CIAI.E rx] OCCUR MED E%P(My one Person) $ 5,00 PERSONAL B ADV INJURY $ 1,000,00 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - CONWIOP AGO S 2,000,000 ,T F POLICY PR 0. LOC b AUTOMOBILE LIABILITY COMBINEEDSINGLE LIMIT E aIN I $ 1,000,000 A X ANYANTo X 44CL466835 11/1912012 11/1912013 BODILY INJURY(PM- person) $ WNED ALLAUTOOS ASWHOESULED BODILY INJURY (Per acdtlenU E NON-0WNED PROPERTY DAMAGE HIREDAUTOS AUTOS PER ACCIDENT) $ $ X UMBRELLA DAB X OCCUR EACH OCCURRENCE $ 3,000,00 A Excess LlAB CLAIMS-MADE 44CU466836 11/19/2072 11/19/21113 AGGREGATE $ DED X RETENTIONS 10,000 3,000,000 $ WORKERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS' LIABILITY YIN TORY LIMITS ER ANY OFFICE PRRONPRIEMBOMMLUETOFIPARTNEIVEXEDED? CUTIVE [7] NIA E.L EACH ACCIDENT $ (Mandatory In NM E.L DISEASE - EA EMPLOYE S Ifyq desuibeuMler DESCRIPTON OF OPERATIONS belox E.L. DISEASEPnUCYLIMIT $ A Commercial Property 44CL466835 11119/2012 11/19/2013 leased eq 25,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more ePace Is required) City of Ashland is additional insured as respects liability arising out of the activities by and on behalf of the named insured per attached. Project: Hersey St CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 51 Winbum Way Ashland, OR 97520 AUTHORIZED REPRESENTATIVE y~l. Il Awd~- ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD ' POLICY NUMBER: COMMERCIAL GENERAL-WASILITY GC 10,25:07 09 I THIS ENDORSSM~N7.:CHANGES THE-POLICY..-PLEASE R1 PJT-CAREFUL•LY.". OREGON BLANKS. ADDITIONAL"IN$UREp : GaMPLETED DP`ERATIONS This endorsement modifies Insurance prwidad underthe following:. i COMMERCIAL GENERALLIASILI Yr OVERAGE PART'. A. . Section 11 -Who Is'Ari insafed'Is emended to Include as,an addltional Insurad.ang person or,organization for whom you are:perfonning.nperaflons.Wfia youandsyah'personor.organization•haveagreed fnwriti0gIn - a oordractoragreamerit•tha¢such'person ororganlzation•ba added'as an additional Insured. fortrompleted-..,.:.....: operstlcros.. Such pers8nor ofgenl2etlon is-an-additional Insured onlyto.the extentthatthe liability for'.bodlly- Injury" or 'property damage' Is caused, In whole or In-part, by !your work" performed for that addlitonal Jn- sured and Included In the'products-completed operations .hazsrd. S. With respeotto the Insurance afforded.to these. addltlonef dnsureds, the following limitations apply, 1. ?his addtional insured status' Is granted only at the IDaatlOnSlisted In the written contract: 2, Coverage Is.limited toyour wank" that Is descrlbed in the classifications crschaduie of hazards shown In the General Liability Declarations of this policy. C. With respect to the Insurance afforded to these additional insureds, i the following exclusion applies: This Insurance does not app": 'Bodily Injury' or "property damage' Which occurs 'prior to the execution of the written contract or the affeo- . . tlve date of this endorsemenL i i II I GC 10 25 07 09 Includes copyrighted material of Pagel of 1 • Ll . Insurance SaMoss office, Inc., with Its permission ARTISANS ADVANTAGE ENHANCED COVERAGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ R CAREFULLY. This endorsement modifies Insurance provided under the following: BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS= SPECIAL FORM COMMERCIAL PROPERTY CONDITIONS. v - COMMERCIAL GENERAL LIAsmrrY COVERAGE FORM When this.en larsement Is attached Yo the. Policy; Insurance under the Building and Personal'P.roperty ;Coverage` Form,.the. Causes of Loss- Special Form, the Commercial Property Conditions and the Commercial General LlabIr y Coverage Form Is, enhanced to provide the coverages described in this endorsement. All other conditions of the po)lcy.corrtlnue to apply. This coverage Is subject to-the provisions appllcable.to,the Bullding.and Personal Property.CoVerage.Form, Causes.of.Loss . Spacial Form, the Commercial Property Conditions and the General Uablllty Coverage Form.,. SCHEDULE Coverage Enhancements Limits of Insurance Each Location I Property Coverage Extensions Newly Acquired or Constructed Property Buildings - $250,000. at Each Building... Busloess Personal Properly' $100,000. at Each Building • ' Personal Effects and Property of Others $ 10,000. at Replacement Cost Valuable Papers and Records (Othertitan Electronic Data) $ 25,000. Property.Off•Premises (Including Laptops and Other Electronic Equipment) . $ 10,000. Outdoor Property (Named Perils) $ i,ODO. per tree/shmb, may limit $.15,000. Nort•OwnedDetached Trailers $ 10,000. Accounts Receivable $ 25,000. Property In Transit (Including Laptops and Other Electronic Equipment) $ 10,000. Procerty Additional Coverages Electronic Data $ 16,000. Arson Reward $ 5,000. Water Back-Up and Sump Overflow $ 25,000. Business Income Including Extra Expense $ 25,000. I Inventory or Appralsal Cost $ 5,000. Money and Securifles , Inside $ 10,000. Outside $ 6,000. ' Ordinance or Law Coverage Coverage A Included within Building Limit. I Coverages B and C Comhined 26% 01 Bldg. Limit, $150,000. maximum Outdoor Signs $ 6,000. Recharging of Fire Extinguishers $ 51000. Inland Marine Coverages . Installation Coverage $ 10,000. Contractors Equipment Coverages; i Small Tools $ 2,500. (Maximum limit per item $5o0) , i Employee Small Tools 4 1,000. (Maximum limit perhem $250) Leased and Rented Equipment $ 5,000. Rental Reimbursement $ 11000. General Liability Additional Coverages Blanket Additional Insured (Including Primary No Co rtnbufing Coverage) Included In Each Oocunenos,UrrIt , Mobile Equipment Broaaaned Coverage Included in Each Occurrence Limit. ' Aggregate Limit Per Project Included In Each Occurrence Umit Blanket Waiver Inoludedin Each Ocourrence Limit MP 97 67 D4 08 Inductee copyrighted material of 150 Properties, Inc. and Pagel of 18 i • American Aesoclatlon of Insurance Services, Inc., used with their permission I I c. The following Is added to A,2. Property Not Covered of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM: r, Property while stored or operated underground In connection with any mining operations. d. The following is added to Paragraph 2. of B. Exclusions of the CAUSES OF LOSS - SPECIAL FORM: i n. We will notpayfor loss ordamagis caused bypuncture, blowout and roaddamageto first ancItuilbes mounted on vehicles. However, we do p'ay for puncture, blowout or road damage caused by a specified peril. o. We will not pay for loss caused by humidity, dampness, dryness or changes. In or extremes of temperature. p. We will notpayforlotacaused bytheweight ofaIced which, under theoperatirigcondlUonsatthetime ofaloas,. exceeds the registered IHng capacity of any equipment or. machine. : q.. We.will not pay for loss due-to theft or mysterious disappearance from any vehicle or attached.4ontalner. We will pay for loss due to burglary when thsre are signs of forcible entry to a looked vehicle or container, e, E.7.Valuallon of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is; deleted and rpplaced.bythe ' . following: 7. Valuation We will determine the value of covered properly In the event of loss or damage as follows: a. At actual bash value et flit tlme of the loss (with a deduction for depreciation) except as provided In paragraphs b. and c. following, b. Pair or Set. The value of a lost or damaged article which Is part of a pair or set is based on a reasonable proportion of the value of the entire pair or set. The loss Is not considered a total loss of the pair or set. c: Loss to Parts: The value of a lost or damaged part of an Item that consists of several parts when It is complete is based an the value of only the lost or damaged part or the oost to repair or replace It 2. Rental Reimbursement ' In the event of loss by a covered peril to covered contractors' equipment that you own, we will reimburse.ydu.for your expense to rent similar equipment while your equipment Is inoperable.. The most we will reimburse you f6r'rental reimbursement expenses is $1,000: We will continue to reimburse you forthe rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date, We will not reimburse you: a. If you can continue or resume your operations with similar equipment that Is available to you at no additional expense to you; or b. For the rental expense of any equipment unless you make every reasonable effort to repair, replace or rebuild the inoperable equipment after the covered lass occurs. 2, With respect to this Additional Coverage, Contractors Equipment Coverage, Section D. Deductible of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted and replaced by the following: D. Deductible We will not payfor loss or damage In any one occurrence until the amount of loss or damage exceeds $500. We will then pay the amount of loss or. damage In excess of $500 up to the applicable limit of insurance, We will not reimburse you for the rental of equipment until after 72 hours have passed since the covered property . was rendered Inoperable. After 72 hours have passed, we will only reimburse you for the rental expense that you actually Incur. The deductible of $500 does not apply to rental reimbursement expenses. General Liability Additional Coverages the following Additional coverages are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A. Blanket Additional Insured Coverage I . SECTION 0- WHO IS AN INSURED of the COMMERCIAL GENERAL LIABILITY COVERAGEFORM isamended 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 pollcy under: a. A written contractor agreement; and b, • Where a certificate of Insurance showing that person or organization as an additional Insured has been issued; and Page 14 of 18 Includes oopyrighted material of 150 Properties, Inc, and MP 97 67 04 08 American Aseocieilon of Insurance Services, Inc.; used with their parMSSlon c. When the written contract or agreement and certificate of Insurance are currently In affect 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 omIsslons of the Named Insured or ariyona directly or Indirectly employed by the Named Insured ortor ' whose ants a Named Insured may be liable. (2) Llabilly arising out of your crigoing operations for the Additional Insured by or for you. A. person's or organlzaflim s status as an Insured under this coverage ends when your operations for that Inaured are oompiated: h. The Limits of Insurance applicable totheAdditional Insured arethosespeciffedInthewrlttencorltractoragreement but not more than the Limits of Insurance spectfied•Irnth0..Oeclarations for this policy, 7be Limits of.lnsurance 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 Seetion1,. Coverages A., B. and C. of the COMMERCIAL GENERAL • LIABILITY COVERAGE FORM, the Insurance provided to the Additional Insured does riot apply 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 oroverwhlchtheAdditional.Insuredare 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-archhects, engineer's or surveyor's rendering or faflureto render any professional services foryou, for the Additional Insured or forothers, including, but not limited to: (1) The preparing, approving orfaliure 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 equlpmentfumished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or an 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 i person or organization other than another contractor ar subcontractor engaged in perforinfng operations for a principal as a part of the same project 4. SECTtONIV-COMMERGALGENERALLIABUTY.CONDITIONS,pamgrph4.Otherinsurance;lsamerdedtoadd i the following subparagraph: d, Addttional Insured's Other Insurance As Excess Insurance To the extent required by an "Insured contrac1V tits 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. I B. Mobile Equipment Broadened Coverage V.121(1) ofthe COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is replaced by the following: (1) Equipment designedprimarllyfor. • (a) Snow Removal; . (b) Road maintenance, but not construction or resurfacing; or (c) Street clsarting. Exceptthe stivA provlslons do not apply to self-propel)ad vehlples of less than 1,000pounds gross vehicle welght which are not Intended for use on a highway. 'C. Aggregate UmItPer Project The General Aggregate Limit under SECTIONIII=LIMITS'OF.INSURANCEoftheCOMMERCIAL GENERAL LIABILITY COVERAGE FORM applies separately to each of your projects away from premises owned by or rented to.you. . MP 97 67 04 08 Includes mpydghted material of 190 Propedles, Inc, and Page 15 of 18 Amedcen Assools6on oflnsuranoo Services, Inc„ used with their permission ' I D. Blanket Waiver Of Transfer Of Rights Of Recovery Against Others To Us - The Transfer Of Rights Of Recovery Against Others To Us Condflon (SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended bythe 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 agreement have weived yourown right or recovery for lose caused by.that person or organization because o,fpaymentswe . make for injury or damage alsingoutofyour ongoing op'etationsor."yourwork" done under acontract with that persror• - organization and Included Inthe "products•complated operations hazard.". Additional Condiflons A. Insurance Under.Two or More Coverages Thai following is added to patagraph C. Insurance under Two or More Coverages of the COMMERCIAL PROPERTY CONDITIONS: 1f a Coverage Form is attached to this policy that pwides, a limit-for any coverage provided by:this endorsement; the limit' shown in the SCHEDULE and the coverage provided by this endorsement are deleted and replaced by the'Ifmh and coverage provided by ilia Coverage Form. B, Limits of Insurance Regardless of the nu mbar of buildings at a location covered'by this endorsement, the most we w)ll pay underthls Coverage Enhancement endorsement Inany one ocourrenoe Is the appricable Limits of Insurance shown in the'SCHEDULE on page 1 of this endorsement, 'C. Deductibles The Deductible described in section D. ofthe BUILDING AND PERSONAL PROPERTY COVERAGE FORMappies to each of the Coverage Enhancements except as shown below:. We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds $500- Werwill then pay the amount of loss or damage in excess of $500 up to the applicable Limit of Insurance for the following enhancements; - 1. Personal Effects and Property of Others 2, Valuable Papers and Records (Other than Electronic Data) 3. Accounts Receivable 4. Property Off•Premisas (Including Laptops and Other Electronic Equipment) 5. Outdoor Property (Named Perils) 6. Money and Securities 7, water Back-Up and Sump Overflow i 8. Electronic Data 9, Property In Transit (Including Laptops and Other Electronic Equipment) No deductible provisions applyto the following enhancements... 1. Arson Reward 2 Recharging of Fire Exfingulshers I i 3. Inventory or Appraisal Cost 4. Rental Reimbursement 0 1. D. Additional Deflnffions ' The following Additional Definitions apply to this endorsement only: T. "Banking Premises" means the lnteriorotthatportion of anylulldingobcupfedbyabankingInstitution or aimllar.sate depository. ' 2, "Business Income" means the: a. Net,ipcome (Net Protjt or.Loss before Income taxes) that would have been earned had no loss occurred; end ' b. Continuing normal operating expenses incurred; including payroll. For manufacturing risks, Net Income Includes the net sales value of production. Page 16 of 16 Includes copyrighted matedal of ISO Properties, Inc. and MP 97 67 04 08 American Association of Insurance services, nu., used vAth Ihelr permission www.salf.com OREGON WORKERS COMPENSATION + sail CERTIFICATE OF INSURANCE corporation CERTIFICATE HOLDER: CITY OF ASHLAND 51 WINBURN WAY ASHLAND, OR 97520 The policy of insurance listed below has been issued to the insured named below for the policy period indicated. The insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policy. POLICY NO. POLICY PERIOD ISSUE DATE 738638 10/01/2012 to 10/01/2013 12/12/2012 INSURED: BROKER OF RECORD: QUALITY FENCE CO HART INSURANCE AGENCY PO BOX 3985 PO BOX 1240 CENTRAL POINT, OR 97502-0040 GRANTS PASS, OR 97528-9259 . LIMITS OF LIABILITY: Bodily Injury by Accident $500,000 each accident Bodily Injury by Disease $500,000 each employee Body Injury by Disease $500,000 policy limit DESCRIPTION OF OPERATIONS/LOCATIONS/SPECIAL ITEMS: Project: Hersey Street IMPORTANT: The coverage described above is in effect as of the issue date of this certificate. It is subject to change at any time in the future. This certificate is issued as a matter of information only and confers no rights to the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies above. This certificate does not constitute a contract between the issuing insurer, authorized representative or producer and the certificate holder. CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED TO THE POLICYHOLDER AND CERTIFICATE HOLDER IN ACCORDANCE WITH THE POLICY PROVISIONS AND OREGON LAW. SAIF WILL ENDEAVOR TO PROVIDE WRITTEN NOTICE WITHIN 30 DAYS WHENEVER POSSIBLE. AUTHORIZED REPRESENTATIVE 3rd~ `P IZac~d President and CEO 400 High Street SE Salem, OR 97312 P: 800.285.8525 F: 501373.8020 Policy-Batch CertificateOFlnsuance Y RECD IDaR Page 1 / 1 C-ITY OF . ASHLAND T -DATE. . 80 NUMBER, 20 E MAIN ST. 12114/2012 11352 ASHLAND, OR 97520 (541) 488-5300 ----VENDOR: 000649- -------SHIP-TO:-Ashland Public-Works--------------- - QUALITY FENCE COMPANY (541) 488-5587 114 W. PINE STREET 51 WINBURN WAY P O BOX 3985 ASHLAND, OR 97520 CENTRAL POINT, OR 97502 FOB Point: Req. No.: - Terms: Payable on receipt Dept.: Req. Del. Date: Contact: Brad Barber Special Inst: Confirming? NO Ouanti Unlt Description ` :._Unit Price Et. Price' Install approximate 90 LF, 8' vinyl 4,895.00.. fencinq per plan. O'Brien property Contract for Goods & Services Beginninq date: 11/29/2012 Completion date: 12/3012012 Insurance required/On file SUBTOTAL 4 895.00 BILL TO: Account Payable TAX - 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 4,895.00 ASHLAND, OR 97520 „Account Number Project Number Amount Account Number. - Project Number Amount E 260.08.12.00.70420 E 201230.999 4,895.00 VENDOR COPY nzetl signature FORM #3 CITY of ASHLAND A realest for a PLlrcliase Order REQUISITION Date of request: 11/29/2012 Required date for delivery: ASAP Vendor Name 01 JAI ITY FFNC.F COMPANY Address, City, State, Zip 114 W. PINE STREET Contact Name & Telephone Number P.O. BOX 3985 Fax Number CENTRAL POINT, OR 97502 SOURCING METHOD ❑ Exempt from Competitive Biddino ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ AMC 2.50 Dale 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 f le) ❑ State of Oregon ® Direct Award Date approved by Council: Contract# ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement ❑ Sole Source Contract # GOODS & SERVICES ❑ Written Findings (Form attached) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ❑ (3) Written quotes attached ❑ Special Procurement Contract # PERSONAL SERVICES ❑ Written Findings (Form #9 attached) Intergovernmental Agreement $5.000 to $75,000 ❑ Written quote or proposal attached ❑ Agency ❑ Less than $35,000, by direct appointment Dale approved by Council: Date original contract approved by Council: ❑ 3 Written proposals attached Valid until: Date (Date) Description of SERVICES Total Cost INSTALL APPROX. 90 L.F. 8' VINYL FENCING PER PLAN, O'BRIEN PROPERTY $4,895.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $4,8900 Project Number _2012.30_____-___ Account Number 260-08-12-00-704200 Account Number Account Number___-__-__-__-____-_ 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchases: IT Director Date Support-Yes/No By signing this requisition form, I certify that the City's public contracting requirements have been satisfied. 1 Employee Signature: z Department Head Signature: nL% S ~ V (Equal to or greater than $5,000) Additional signatures (if applicable): Funds appropriated for current fiscal year., YES / NO Finance Director-(Equalto orgreaterthan$5,000) Date Comments: Form #3 - Requisition