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HomeMy WebLinkAbout2015-303 Contract - Minton Construction LLC Contract for GOODS AND SERVICES Less than $25,000 ASN~ CONTRACTOR: Minton Construction LLC CONTACT: Richard Minton REG 340 S. Pioneer Street ADDRESS: 608 W. Stewart Avenue, Medford, OR 97501 Ashland, Oregon 97520 Telephone: 541/488-5340 TELEPHONE: 541 / 261-1376 Fax: 541/488-5314 DATE AGREEMENT PREPARED: 10/29/15 Email: rm28640Co~gmail.com BEGINNING DATE: 10/27/15 COMPLETION DATE: December 31, 2015 COMPENSATION: $10,200.00 GOODS AND SERVICES TO BE PROVIDED: Remove existing sheetrock, install new sheetrock, tape and texture, paint ceiling and haul off debris from job site. Ashland Parks and Recreation will test existing sheetrock for asbestos. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. 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, 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 $20,142.20 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 an time b City upon 30 days' notice in writing Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 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: 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 Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, 1,000,00 or Not Applicable for each occurrence for Bodily Injury and Property Damage. Contract for Goods and Services Less than $ ,000, Revised 06/02/2015, Page 2 of 5 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 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. Contractor: City of Ashland By By Signature Department Head 7 •1 M J " } F Print Name Print Name Title ate W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. KM Ashland ity Attomay r Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 Data CU ~~j S 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. V (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. i E i i Contractor (Date) Contract for Goods and Services Less than $25,000, Revised 06102/2015, Page 4 of 5 CITY • ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2015 (Increases annually every June 30 by the Consumer Price Index) portion of business of their 401 K and IRS eligible employer, if the employer has cafeteria plans (including ten or more employees, and childcare) benefits to the has received financial amount of wages received by assistance for the project or the employee. For all hours worked under a business from the City of service contract between their Ashland in excess of ➢ Note: "Employee" does not employer and the City of $20,142.20. include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,142.20 or more. r If their employer is the City of 1040 hours in any twelve- twelve- Ashland including the Parks month period. For more For all hours worked in a and Recreation Department. details on applicability of this month if the employee spends policy, please see Ashland employee's or more of the y In calculating the living wage, Municipal Code Section employee's time in that month employers may add the value 3.12.020. working on a project or of health care, retirement, additional For Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall, 20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or,us. Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all employees. CITY OF ASHLAND Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 ADDENDUM TO CITY OF ASHLAND CONTRACT FOR GOODS AND SERVICES LESS THAN $25,000 Addendum made this 7t" day of October, 2015, between the City of Ashland ("City") and Minton Construction. Recitals: A. On October 7, 2015, City and Contractor entered into a "City of Ashland Contract for Goods and Services Less than $25,000" (further referred to in this addendum as "the agreement"). B. Contractor intends to use a subcontractor to install, tape and texture the ceiling at Hunter Pool Building. Paragraph no. 13 of City of Ashland contract requires City to give written consent. City and Consultant agree to amend the agreement in the following manner: 1. Additional terms are amended to read as follows: "City approves Minton Construction to use a subcontractor to install, tape and texture the ceiling at Hunter Pool Building based upon subcontractor having all insurances and licenses required by the City of Ashland. 2. Except as modified above, the terms of the agreement shall remain in full force and effect. CONTRACTOR: CITY OF ASHLAND: //11 T BY Department Head Its Date %a4.2 4r 17 6 DATE Purchase Order # AP LOOV -ORM Acct. No. Ashland-City Attomey (For City purposes only) I L -2- DatR 1 - CITY OF ASHLAND, ADDENDUM TO CONTRACT FOR GOODS AND SERVICES <$25,000 Client#: 156356 MINTCONS DATE (MM/DD/Y ACORDYYY) CERTIFICATE OF LIABILITY INSURANCE 10/09/2015 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: Propel Insurance PH CONENo, 800 499-0933 FA't 866 577-1326 SA/ Ex1): A/C, No Portland Commercial Insurance E-MAIL 888 SW 5th Avenue, Suite 1170 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Portland, OR 97204-2025 INSURER AFinancial Pacific Insurance Com 31453 INSURED INSURER B Minton Construction, LLC. PO Box 8543 INSURER C Medford, OR 97501 INSURER D: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A GENERAL LIABILITY 88323230 2/24/2015 02/24/201 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occur ante $100,00_0_ CLAIMS-MADE a OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 X POLICY ~JECT LOC _ $ C PRO AUTOMOBILE LIABILITY OMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Ashland SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 340 S Pioneer St ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE lA~ o ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1900874/M1661732 TDN00 15 1 ACR0 4. o_ CERTIFICATE OF LIABILITY INSURANCE 1 DA0/23/2/o 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 endorsements . PRODUCER CONTACT GEICO GEICO NAME One GEICO Boulevard PHONE 1-866-509-9444 FAX Fredericksburg, VA 22412 MC No Ext: AC No: Email Address: R100M VEM1 13800.00M INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: GOVERNMENT EMPLOYEES INSURANCE COMPANY 22063 INSURED INSURER B: MINTON CONSTRUCTION LLC 608 W STEWART AVE INSURER C: MEDFORD OR 97501-3760 INSURER D: 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 ADD'L SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSRD WVD MM/DD/YY) (MM/DD/YY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurence MED. EXP (Any one person) $ PERSONAL & ADV. INJURY $ GEN'L AGGREGATE UMff APPLIES PER: GENERAL AGGREGATE $ POLICY PROJECT LOC PRODUCTS - COMP/OP AGG. $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE UMIT $ Ea accident A ANY AUTO X 9100096151 00 10/23/2015 10/23/20'6 BODILVwJUav $ 100,000 Per erson ALL OWNED X SCHEDULED X BODILY INJURY $ 300, 000 AUTOS AUTOS Per accident HIRED AUTOS NON-OWNED X PROPERTY DAMAGE $ 25,000 AUTOS (Per accident) $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DELI RETENTION $ $ WORKERS' COMPENSATION AND EMPLOYERS' PER OTH- UA131UTY Y / N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE-EACH EMPLOYEE $ If yes, describe under E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF ASHLAND IS NAMED AS ADDITIONAL INSURED. 2002 DODGE 1500 1D7HU18Z32S521291 CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 340 S PIONEER ST WITH THE POLICY PROVISIONS. ASHLAND, OR 97520-2729 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. Al rights reserved. ACORD 25 (2014/ 01) The ACORD name and logo are registered marks of ACORD 0' N C Q cn 'S On ( CD M0- c o~~ 3 0 m 000 O 0 o c~i, n m Z Q. 0 w OZ (n m o c m X r-r c 0 0 CD z 0 r n Z Z -1 N D m 0m (n 0 0 0 a m In CD z =~zc~~Zmmr ~ ~ -ice m G M m o D m D C T D O zZZMz~-~+o v n nZ mX!?iDD Z-0 Z~ -I ~C~i-r-1m0 N o m M o Z z D m f M °0p-Icn o n m 0 ° 4A ° m cn r v o ZO No z z Efl z O X m 2) U) ou N m NmC) (ll O °o 0 rn z D 0 0 ~3 C o w X m v X N .P, t 27 2015 12:24PM HP LASERJET FAX 541-857-1195 page 1 Attn: Susan Dyssegard CITY OF ASHLAND TAX REGISTRATION (FOR REVENUE PURPOSES ONLY) BUSINESS LOCATION INFORMATION REGISTRATION NO. STREETADDRESS 608 W STEWART AVE BL-009079 OWNER INFORMATION PHONE: (541) 261-1376 NAME: RICHARD MINTON Barbara Christensen !Yj J• CITY RECORDER/TREASURER REGISTRATION EXPIRES JUNE 30. MINTON CONSTRUCTION LLC 608 W STEWARTAVE MEDFORD, OR 97501 2.016 TO BE POSTED IN A CONSPICUOUS PLACE. DATE (MM/DDIYYYYI ACORN CERTIFICATE OF LIABILITY INSURANCE 10/15/2015 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: FERGUSON & ASSOCIATES INS. PHONE FAX AIC No Ext : A1C, No): 1762 E MCANDREWS RD STE I E-MAIL ADDRESS: MEDFORD, OR 97504 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Contractors Bonding and Insurance Company 37206 INSURED INSURER B LAWRENCE W ANDERSON III INSURER C 5422 HIGHWAY 238 INSURER D JACKSONVILLE, OR 97530 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 ADOL SUBR POLICY NUMBER MMIDD YYYY MMIDDY YYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 1XI OCCUR D11PE2649 12/20/2014 12/20/2015 PREMISES eaocau eree $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 OWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY D PROJECTD LOG PRODUCTS - COMP,DP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ NON-OWNED PROPERTY PERT n DAMAGE $ HIREDAUTOS AUTOS UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER GTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L. EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory in NH) _ E.L, DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required( Products and completed operations coverage is included according to the terms of the policy and subject to applicable policy exclusions. CERTIFICATE HOLDER CANCELLATION CITY OF ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 340 S PIONEER ASHLAND, OR 97520 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Oct.28.2015 08:38 AM PAGE. 1/ DATE ,4co CERTIFICATE OF LIABILITY INSURANCE 10/2712015 4MMiDDIYYYYj THIS CERTIFICATE 19 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollclee may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER David Martin ~"F°,"_ry ,p; 541-6641400 A/c Ne ,S41-664-1414 Martin Insurance Agency Inc E-MAIL davidwmartin@allstate.com 21 S 7th Street'- - Central Point OR 97502 _NAIG tl- _ _ _INSUREft A: Allstate INSURED INSURER 13: Larry Anderson INSURER C : 5422 Hwy 238 INSURER D Jacksonville OR 97530 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. INOR TYPE OF INSURANCE '.ADDL 9UBR - P LIMITS POLICY NUMBER MMIDD/YYYY MM/DOIYYYV GENERAL LIABILITY EACH OCCURRENCE S DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ee occurrence) CLAIMS.MADE ❑ OCCUR MED EXP (Any one oemon) S PERSONAL d ADV INJURY $ GENERAL AGGREGATE $ (3EN'LAGGREGATE LIMIT APPLIESPER: PgQDUCTS .COMP/OP AGG $ POLICY PRO LCC $ AUTOMOBILE LIABILITY 964451606 10115/2015 04/15/2016 E. accident X ANY AUTO x x BODILY INJURY (Per pe(son) $ 100,000 ALL OWNED SCHEDULED BODILY INJURY (Per accldenl) $ 300,000 AUTOS AUTOS PROPERTY DAMA E $ 100,000 AUTOS A HIRED AUTOS NED Pa ccl AUTOS UMBRELLA LIAR OCCUR EACH OCCORREN011 $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTIONS S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y I N _IQBX1.UdII& ~8_. ANY PROPRI@TORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S 114u, deacrlbe under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT S DLSCRIPTION OP OPERATIONS / LOCATIONS/ VEHICLES (Att-h ACORD 101, Additional RanarMa Sohadulo, II mora pone la Fequlrod) CERTIFICATE HOLDER CANCELLATION Ashland Parks and Rec SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 340 S Pioneer THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland OR 97520 ACCORDANCE WITH THE POLICY PROVISIONS, AUTH IZ RII /OF, ®1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 / 1 ASHLAND PARK COMMISSION _ DATE PO NUMBER 20 E MAIN ST. ASHLAND, OR 97520 10/29/2015 00512 (541) 488-5300 VENDOR: 004711 SHIP TO: MINTON CONSTRUCTION LLC 608 W STEWART AVEN U E MEDFORD, OR 97501 FOB Point: Req. No.: Terms: net Dept.: Req. Del. Date: Contact: Bruce Dickens Special Inst: Confirming? NO Quantity Unit Description Unit Price Ext. Price Remove existinq sheet rock, install new 10,200.00 sheet rock, tape and texture, paint ceilinq and haul off debris. Contract for Goods and Services Beqinninq date: 10/27/2015 Completion date: 12/31/215 I SUBTOTAL 10,200.00 BILL TO: TAX 0.00 FREIGHT 0.00 TOTAL 10,200.00 Account Number Project Number Amount Account Number' Project Number Amount E 411.12.00.00.70420 E 000079.120 10 200.00 Auth&ized Signature J VENDOR COPY FORM#3 CITY OF -a quest for a Purchase Order ASH LAN 110 REQUISITION Date of request: 10/16/15 Required date for delivery: 10/29/15 Vendor Name Minton Constriction LLC Attn: Richard Minton Address, City, State, Zip 608 Stewart Avenue, Medford, OR 97501 Contact Name & Telephone Number Fax Number Tel: 541/261-'376 rm28640na gmail.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ 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 ❑ Rggue;;t for Proposal (Copies on file) ❑ State of Oregon FY 15-16 ❑ Direct Award Date approved by Council: Contract # ❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington Intermediate Procurement Contract # ❑ Sole Source GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract $5,000 to $100,000 ❑ Written quote or proposal attached Agency ® (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $51K to $75K Contract # PERSONAL SERVICES ❑ S,pecia l Procurement Intergovernmental Agreement $5,000 to $75,000 ❑ Form # 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/written solicitation Date approvi3d by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost Remove existing sheet rock, install new sheet rock, tape and texture, paint ceiling and haul off debris from job site. $ 10,200.00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost ® Per attached quotelproposal TOTAL COST Project Number _ 000079 - _120_ Account Number- 411- - 00 - 00 - 704200 I' $ 10,200.00 Account Number___-_ AcrountNumber___-__-__- 'Expenditure must be charged to the appropriate account numbe s 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 contacting requirements have been satisfied. Employee: Department Head: A (Equal to or greater than $5,000) Department Manager/Supervisor:l~~(,~i.~L',1,1~ !~~~r~~JCity Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year: r~'/ NO Finance Director- (Equal to orgreaterthan $5,000) Date Comments: Form #3 - Requisition Kari Olson From: Susan Dyssegard [c'yssegs@ashland. or.us] Sent: Thursday, October 29, 2015 2:49 PM To: Jason Minica; Kari Olson Subject: Kanner's approval oP Minton contract - insurances Hi Kari and Jason - here's the email from Lohman re: Kanner's oral approval of Minton's insurance coverages. Meant to send it your way sooner - apo:iogies! Susan From: "David Lohman" <lohmandCaD-ashland.or.us> To: "susan dyssegard" <susan.dyssegard cDashland. or.us> Cc: "Kris Bechtold" <bechtoldk(a-),ashland. or.us>, "Michael. Black" <blackm _ashland.or.us>, "Dave Kanner" <kannerdCD-ashland.or.us> Sent: Wednesday, October 28, 2015 4:1,6:21 PM Subject: RE: Exhibit A Susan - This is to confirm for purposes of your records that Dave Kanner orally approved allowing the Minton contract to proceed with the contractor providing general liability coverage in the amount of $1 million per occurrence and $2 million aggregate instead of the standard $2 million per occurrence. - Dave Lohman From: Susan Dyssegard [mailto:dysseosCa ashlarid.or.us] Sent: Wednesday, October 28, 2015 3:12 PM To: David Lohman Cc: Kris Bechtold; Michael.Black Subject: Exhibit A Hi Dave - attached is Minton's signed completed Exhibit A for the sheet rock work @ DMP bathhouse. Thanks for your help, Susan Susan Dyssegard, Administrative Supervisor City of Ashland, Parks and Recreation Commission 340 S. Pioneer Street, Ashland, OR 97520 (541) 552-2256 or (541) 488-5340; TTY (800) 735-2900 Fax: (541) 488-5314 dys s egs Qas hland. or. us This email transmission is official business of the City of Ashland, and it is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2256. Thank you. ' 1 LIKE us Susan Dyssegard, Administrative Supervisor City of Ashland, Parks and Recreation Commission 340 S. Pioneer Street, Ashland, OR 97520 (541) 552-2256 or (541) 488-5340; TTY (800) 735-2900 Fax: (541) 488-5314 dyssegs@ashland.or.us A This email transmission is official business of the City of Ashland, and it is subject to the Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2256. Thank you. LIKE us i 2