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HomeMy WebLinkAbout2006-123 Contract - Sabel Painting Co CITY OF ASHLAND CONTRACT FOR PUBLIC WORKS CONSTRUCTION Contract made this ((J "1!A day of J t.I ~ ' 0 ~ , between the City of Ashland, ("City") and -J,r~ S~~ / S4I!R /lJ, "'7 ~, "(Contractor"). f City and Contractor agree: 1. Contract Documents: This contract is made as a result of an Advertisement for Bid issued by City for the Exterior Painting ofthe City Hall Building Project, Project Number 2006-15. Contractor was awarded the bid as the lowest responsible bidder. In the event of any inconsistencies in the terms of this contract, the contract documents defined in the Advertisement for Bid and Contractor's bid, this contract shall take precedence over the contract documents, which shall take precedence over the bid. 2. Scope: Contractor shall begin and complete the project described in the contract documents within the time prescribed in the contract documents. The following exceptions, alterations, or modifications to the contract documents are incorporated into this contract: 3. Price & Payment: City shall pay Contractor amounts earned under the contract. All payments will be made at the times and in the manner provided in the contract documents. 4. Performance and Payment Bonds: Contractor shall, within five days after execution ofthe contract and prior to doing any work under the contract, furnish bonds to the City of Ashland in a form and with a surety satisfactory to City in the penal sum of$39.965.00 conditioned upon the faithful payment and performance of this contract upon the part of the Contractor as required by ORS 279C.380. 5. 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 approximately caused by the negligence of City. 6. Insurance: Contractor shall, at its own expense, at all times during the term of this agreement, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this Contract, blanket contractual liability, products and completed operations, owner's and contractor's protective insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of $500,000 per occurrence (combined single limit for bodily injury and property damage cla,ims) or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional insureds. Contractor shall submit certificates of insurance acceptable to the City with the signed contract prior to the commencement of any work under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. ~~----".- --- 7. Default: A default shall occur under any of the following circumstances: 7.1 If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workers or equipment or with sufficient materials to insure the prompt completion of the project, or shall neglect or refuse to remove materials or perform anew such work as shall be rejected as defective or unsuitable, or shall discontinue the prosecution of the work. 7.2 If the Contractor shall become insolvent or declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against the Contractor unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors. 7.3 From any other cause whatsoever, shall not carry on the work in an acceptable manner. 8. Remedies: In addition to the rights and remedies to which the City may be entitled by law for the enforcement of its rights under this contract, City shall have full power and authority, without violating this contract, to take prosecution of the work from the Contractor, and appropriate or use any or all of the materials and equipment on the ground that may be suitable and acceptable and may cause a contract for the completion of this contract according to its terms and provisions, or use such methods as required for the completion of the contract, in any acceptable manner. All costs and charges incurred by the City together with the costs of completing the work under the contract, shall be deducted from any money due or which shall become due the Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the contract if it had been completed by the Contractor, then the Contractor shall be entitled to received the difference less any damages for delay to which the City may be entitled. In case such expense shall exceed the sum which would have been payable under the contract, the Contractor and the surety shall be liable and agree to and shall pay the City the amount of the excess with damages for delay of performance, if any. 9. Prevailing Wage Rates: The Contractor shall pay a fee equal to one-tenth of one percent (0.1 percent) of price of this Contract. The fee shall be paid on or before the first progress payment or 60 days from the date work first begins on the Contract, whichever comes first. The fee is payable to the Bureau of Labor & Industries and shall be mailed or otherwise delivered to the Bureau at the following address: Bureau of Labor & Industries Wage & Hour Division Prevailing Wage Unit 800 N.E. Oregon Street #32 Portland OR 97232 10. Living Wage Rates: If the amount of this contract is $15,964 or more, and Contractor is not paying prevailing wage for the work, Contractor must 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 must post the attached notice predominantly in areas where it will be seen by all employees. The Contractor shall fully comply with the provisions ofORS 279C.800 through 279C.870 pertaining to prevailing wage rates. 11. Assignment and Subcontracts: Contractor shall not assign this contract without the written consent of City. Any attempted assignment without written consent of City shall be void. Contractor --.r--r 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. Contractor may not substitute any subcontractors from the submitted list of First-Tier Subcontractor Disclosure Form without written consent of the City, or by following the procedures of ORS 279C.585 and OAR 137-049-0360. CONT~ 0 ~ B . 1M ~~L, y. . \ ' . SIgnature ,J11 S~ Printed Name Its: S ~ j-~Io/.Al77J\i' ~ C e . f CITY OF ASHLAND By: ..N-. ~ 7/0~ Lee Tuneber Finance Director By: Legal REVIEWED AS TO CONTENT: By: ~~~ -- / Date: Department Head I z. J U (..11,(, Coding: 4-10. tJ6. 24 ,OD, 6oZ-?/o (For City use only) tz CJ C6 '9 '7'.3 C G .-?) ~ - .?---C' tJ 6- ------..--.---- - HeORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MMIDD/YYYY) SABEL-l 07/06/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketp1ace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-779-0177 Fax: FAX 772-8235 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Safeco Ins Co. 24724 INSURER B: Sabe1 Painting CO. INSURER C: Jim Sabe1 3181 01d Sta~e Rd INSURER 0: Centra1 poin OR 97502 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR[ TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDNY P8klfEYtM.wo,mn LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 - A X X COMMERCIAL GENERAL LIABILITY 01-CG-910242-1 11/14/05 11/14/06 PREMISES rEa occurence) $ 200 , 000 I CLAIMS MADE [!] OCCUR MED EXP (Anyone person) $ 10,000 PERSONAL & ADV INJURY $ 1000000 - GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $2000000 I .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- $ ANY AUTO (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - (Per accident) $ - NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ ==1 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IO~~- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ ~~~~I~tS~~vLJ~16NS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Ash1and, its officers, emp10yees and agents are additiona1 insured CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN City of Ash1and A11 Officers NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL and Emp10yees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 20 E. Main St. Ash1and OR 97520 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kevin Cone ACORD 25 (2001/08) @ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ SAFECO" i~ CG 76 35 10 DO LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY This endorsement modifies Insurance provided under Ihe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City 'of Ashland ADDITIONAL INSURED - BY WRllTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE. The following paragraph is added to WHO IS AN INSURED (Section II): 5. Any person or organization shown in the Schedule or for whom you are required by written contract, agreement or permit to provide insurance is an Insured, subject to the following additional pmvisions: a. The contract, agreement or permit must be in effect. during the polley period shown in the Declarations, and must have been executed prior to the "bodily injury," "property damage," "personal and advertising injury." b. The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, SUbject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant In any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new construction or demolition operations performed by or on behalf of the person or organization added as an Insured; (2) Your ongoing operations for that insured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, SUbject to the following additional provisions: . (a) This insurance does. not apply to any "occurrence" which takes place after the equipment lease expires; (b) This insurance does not apply to "bodily injury" or "property damage" arising out of Ihe sole negligence of such person or organization; (4) Permits Issued by any state or political subdivision with respect to operations performed by you or on your behalf, SUbject to the following additional provision: This insurance does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of operations performed for the state Dr municipality: c. The insurance with respect to any architect, engineer, or surveyor added as an insured by Ihis endorsement does not apply to "bodily injury," II property damage," "personal and advertising injury" arising out of the rendering of or the faliure to render any professional services by Dr for you, Including: (1) The preparing, approving, or falling to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance cloes not apply to "bod ily injury" or "property damage" included wit~lin t~le "products-completed operations hazard." A person's or organization's status as an insured under t~lis endorsement enels w~len your operations for Ulat insured are completed. No coverage will be provicled if, in the absence of Hlis endorsement, no liability woulel be imposecJ by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. NON-OWNED WATERCRAFT AND NON-OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section I) is replaced by t~le following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercraft while aS~lOre on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being usecl to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or tile insured; (4) Liability assumed uncler any "insured contract" for the owners~lip, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property clamage" arising out of the operation of any of the equipment listed in paragraph 1.(2) or 1.(3) of t~le elefinition of "mobile equipment." (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY W~len a Damage to Premises Rented to you Limit is shown in t~le Declarations, Exclusion J. of Coverage A, Section I is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy; CG 76 36 10 00 COMMERCIAL GENERAL LIABILITY (2) Premises you sell, give away or abanclon, if the "property damage" arises out of any part of those premises; (3) Property loan eel to you; (4) Personal property in the care, custody or control of the insured; (5) That particUlar part of real property on whic~l you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replacecf because "your work" was incorrectly performed on it. Paragrap~ls (1), (3) and (4) of this exclusion do not apply to "property damage" (onler ttlan damage by fire) to premises, including t~le contents of 'such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Paragraph (2) of this exclusion cloes not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetracl< agreement. Paragraph (6) of this exclusion ~Ioes not apply to "property damage" included in the "products-completed operations hazard." Paragraph 6. of Section III is replacecl by the following: 6. SUbject to 5. above, t~le Damage To Property Limit is t~le most we will pay under Coverage A for damages because of "property damage" to anyone premises, wtlile rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Tenants' Property Damage to Premises Rented to You limit is the higher of $200,000 or the amount s~lown in the Declarations as Damage to Premises Rented to You Limit. WHO IS AN INSURED - MANAGERS The following is acfded to Paragraph 2.a. of WHO IS AN INSURED (Section II): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS . COVERAGES A AND B - BAIL BONDS a. Paragraph 2. of SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is replaced by the following: O.....n ') ,..( ? 2. Up to $2,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES Provision 2.a.(1) d. of WHO IS AN INSURED (Section II) is deleted, unless excluded by separate endorsement. EXTENDED COVERAGE FO R NEWLY ACQUIRED ORGANIZATIONS Provision 4.a. of WHO IS AN INSURED (Section II) is replaced by the following: 3. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A. (Section I) is amended to read: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable lorce to protect persons or property. ADDITIONAL INSURED - VOLUNTEERS 1. WHO IS AN INSURED (Section II) is amended to include as insureds any persons who are volunteer workers for you, but only while acting at the direction of, and within the scope of their duties for you. However, no volunteers are insureds for: 3. "Bodily injury" to: (1) Co-volunteers or your employees arising out of and in the course of their duties for you, or (2) You, any of your "employees," any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. "Property damage" to property owned, occupied or used by, rented to, in the care, custody, or control of, or over which physical control is being exercised for any purpose by: CG 76 35 10 DO COMMERCIAL GENERAL LIABILITY (1) A co-volunteer or your employee; or (2) You, any of your "employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). 2. Exclusion 2.a. of COVERAGE C (Section I) is replaced by the following: a. To any insured, except volunteer workers who are not paid a fee, salary or other compensation: INCREASED MEDICAL EXPENSE LIMIT The medical expense limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an "occurrence," claim or "suit" by your agent, servant or employee shall not in itself constitute knOWledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representations of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): If you unintentionally fail to disclose any hazards existing at t~le inception date of your policy, we will not deny coverage under nlis Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional premium, becomes effective during the policy period in the state shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of t~le revision. Page 3 of 3 ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 D~ DATE (MM/DD/YYYY) SABEL-l 07/11/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-779-0177 Fax: FAX 772-8235 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Saif Corporation INSURER B: Sabel Painting CO INSURER C: Jim Sabel 3181 Old Sta~e Rd INSURER D: Central poin OR 97502 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'LTR NSR~ TYPE OF INSURANCE POLICY NUMBER DATE iMM/DDtrir P8kfEYI~M/DDrm' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - UAMA\:it: ; CE Kt:N , t:u COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence\ $ ~ CLAIMS MADE D OCCUR MED EXP (Anyone person) $ f-- PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - (Per accident) $ NON-OWNED AUTOS - r-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ =l ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ~-l IU~~- TORY LIMITS A EMPLOYERS' LIABILITY 970729 06/20/06 06/20/07 E.L. EACH ACCIDENT $ 500000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 500000 ~~~Mt~~~v'Js?o~s below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL !L. DAYS WRITTEN City of Ashland All Officers NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL and Employees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 E Main St Ashland OR 97520 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kevin CODe ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID D~ DATE (MM/DDIYYYY) SABEL-l 07/11/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Marketplace, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1998 Skypark Dr Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Medford OR 97504 Phone: 541-779-0177 Fax: FAX 772-8235 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A: Austin Mutual Ins INSURER B: Sabel Painting CO INSURER C: Jim Sabel 3181 Old Sta~e Rd INSURER 0: Central Poin OR 97502 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSRi TYPE OF INSURANCE POLICY NUMBER DATE IMM/DDIYY "l:kTf IMwbD/VYi' LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ - GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS.COM~OPAGG $ I .nPRO. n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ 1000000 A ANY AUTO BA 190082701 06/13/06 06/13/07 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - $ X SCHEDULED AUTOS (Per person) - ~ HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSlUMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I TORY LIMITS I IOJ~- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORlPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE $ ~~~~I~~~~v'js~6~s below E.L. DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN Ci ty of Ashland All Officers NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL and Employees IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 20 E Main St Ashland OR 97520 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kevin Cope ACORD 25 (2001/08) @ACORD CORPORATION 1988 PERFORMANCE BOND The undersigned James Sabel dba Sabel Painting Company , as principal, further referred to in this ~\ bond as Contractor, and Contractors Bonding and Insurance Company , as surety, further referred to in this bond as Surety, are jointly and severally bound unto City of Ashland, as obligee, further referred to in this bond as City, in the sum of Thi rty Ni TIP Thom;,mn Ni TIP. HllTInrpn Si xty 'Pi VP. ,Inn 00/] 00' s Dollars($ 3 65.00****************************. Contractor and City have entered into a written contract dated , for the following project: Exterior Painting of the City Hall Building Pro;ect No 2006-15. This contract is further referred to in this bond as the Contract and is incorporated into this bond by this reference. The conditions of this bond are: 1. If Contractor faithfully performs the Contract in accordance with the plans, specifications and conditions of the contract within the time prescribed by the Contract, as required by ORS 279C. 380 through 279C.385, then this obligation is null and void; otherwise it shall remain in full force and effect. 2. If Contractor is declared by City to be in default under the Contract, the Surety shall promptly remedy the default, perform all of Contractor's obligations under the contract in accordance with its terms and conditions and pay to City all damages that are due under the Contract. 3. This bond is subject to claims under ORS279C.380 through 279C.390. 4. This obligation jointly and severally binds Contractor and Surety and their respective heirs, executors, administrators, successors. 5. Surety waives notice of modification of the Contract or extension of the Contract time. 6. Nonpayment ofthe bond premium shall not invalidate this bond. 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: PE5168 Bond Agent: Address: Telephone: SIGNED this 5th day of Jul y 2006. WITNESS: (Corporate Seal) CONTRACTOR: By: Title: James Sabel d~l Pa; nting Comp;my a-:~.r . l- iI.. /.4:-~ . Legal Address: 3181 Old Stagp Ro;id Central Point. OR 97502 Attest: Corpor~te Secretary (Corporate Seal) SURETY: By: Title: Legal Address: PO Box 12053 WITNESS: Port'~nn, OR 97?1? Attest: Corporate Secretary '\ 7. The bond number and the name, address, and telephone number of the agent authorized to receive notices concerning this bond are as follows. Bond Number: PE5168 .Bond Agent: Address: Telephone: SIGNED this 5th day of July 2006. WITNESS: (Corporate Seal) CONTRACTOR: J By: Title: Legal Address: 3181 Old Stage Road Central Point, OR 97502 Attest: Corporate Secretary SURETY: Contr Kevin C. CllRiC"k, Attornpy in F::lC't PO Box 12053 . Portland, OR 97212 Attest: Corporate Secretary iIIit: IN6VIlANCE Umited Power of Attorney Home Office: 1213 Valley Street PO Box 9271 Seattle, WA 98109-0271 (206) 628-7200 KNOW AlL MEN BY THESE PRESENTS IIal CONTRACTORS BCJNI)N; AND t4SlJRANCE catflmY, a CllIJlllI'IIon duly llIgIIli2ed and 8IdIllIng under lie _ of lie SllIlt of WIIIliIgbI, lIld hIVing lis prInc:lpIII olIIce il Selle, King ~, WIlIhiIgDl, does by'" JlI-* maU, CllIISlIbIIa lIld appoiIt KEVIN c. CUSICK, of ClaclcImas, ()egon,1ts Wellld IIwrul ~ ... .. JlO'MIr lIld auIIorllr henIby c:onIIrr8d ills -. place and slead, III 1llllCUII, acknowIecIDe lIld deIivIr lXIlI8hIII of lie Company Illy lIld aI bonds and undertIIcings of IlI8tyIhIp giwen b' Illy 1UPDIt. prowided. '-. IIal no A\tney-ln-Factllhllllle IUIIorized III execulIlIld.... Illy bond orundert8ldng Illdlhal__ lie Company b' Illy plIIIon ofllepenllllllll1nofil_ of $6,000.00o, and prowided, ......lIalno ~act..... ~ lie IlIIIarilr III ... . bid or propoIII band b' Illy projIIct...., If. cannct II -.did, Illy bond or undIrtlIIdng -*' lie /8qUi1Id ... . penIIllIII il_ of $6.000,000; lIld III bind lie CanpIny lhInby . lily lIld III lie .- exlBiIt .If such bonds _signed by lie PI8sIdn, 1IlI*I... lie CllIporale ll8II of the Company and duty IIiIst!JcI by Is SeaIlary; Iwnby IIIiIylng lIld c:onliIlnng II lIIIt .. said ~act IIIIY do il lie premIsea. S8Id IIpIIClimIenl II madll undlr lIld by auIIortty of the tlIIDwing I8IIOIulIons IdopiBd by lie Bon of Direcbs of lie CONTRACTORS BONOlNGAND INSURANCE catflN<< lXI Sepl19, 2005: RESOlVED lhIllIe PnIIIdInl of the c:on.r-. lllUIIoriz8d III 1IppOint"" peIIOIl. the CcInpIn(s tuB and IIwid AlDner+Factwilt JlO'MIr lIld IUlhoIilr III IllllCUIIlIld deIivIr lXI IIehIIf of the Compeny Illy IIId II bonds lIld IlIICIIIrllIIqs of III8Iphip given b' Illy 1UPDIt,IUbjact III such IimIs .1haI1Ie d8IInnined by the President of lie CaqIIny; prowided, 1loiilMr, Illd no such peIIOIllhallle IIIIIorIzed III IllllCUIIIIId deIivIr "" bond or undIrtlIIdng Illd IhaI ClbIilI* lie Campeny b' "" plIIIon of... penII II1II Ilnof In _ of $10,000.000. IIId prowided, flrI1er, Illd no ~Fact IhaI ~ lie ~ III i8IUll a bid or proposal bond b' "" projIIct .....1. connct II MriId, "" band or undIrtlIIdng -*' lie /8qUi1Id wilt penalllIIIln - of $10.000.000. My AlIDmey-iI-Fact authorIz8d III __ a __ band or undIrtlIIdng IIIIY aI80 lie IIIIIorIzed III execulI"" consent or other doc:umnIIon incidanlIIllI said band or undertaIdng, prowided such docIInent does not ClbIilI* the ClInpIIIy In __ of llelmlt III bth abolie. RESOlVED FURTHER thai the auIIority of the Secrelary of the Compeny III ClIIIIy the authenticily lIld etIecMness of the b8goilg rasoluIIon il Illy LiniIild Po. ~ AJIaoeJ II bIIlIby dBlIgaIId ""lDbing ....... lie aignllU8 of .., of lie tJIlMilg III bind lie Company "'1lIlIpICI1lI lie auIIenlIclIr IIId ...._ of lie tnlIoiIt IlIIJllIuIoII&MIIigned by lie Secrelary of lie CoRIpIny: I.aRy A. .,.,., .....D.1luma, DIIlIIiI Kidd, Ann .lines, Nancy II. YOIIlg, Man:I A. Hauls, RIlle A. ThonIlIr8ln, H-. RdI. ... S....... '""'- SmIIh. Tom ~ Pat Dorner. Deanna WerscII, JoAnn JoIInson. Delli LeWIs. Jnes l NeIchlle, Cheryl NeIchlle, Michael It NeIchlle. PnMded.IloiilMr, Illd no IIUdI peIIOIl shaI ~ lie auIlorIIJ IlIcerlIIy!he ~ of. resdulian orLinlllld ~of AlPnlIy docIInentwhich _Ill appoint lhemself. ~ RESOlVED FURTHER 1111 the 8ignRns (iIcWing cerIIicaIon IIalIle Po. of 1JIartrIt is all illorl:e IIId elIecl) of lie PI8sident, NoflIy PubIc lIld peIIOIl.cerIftlng authentciIr IIId ~ IIId lie c:orpcnla lIld NoflIy ... applIlIIng lXI Illy LinIIIId ~ of Abney c:anIIinIng this IIId the tJregoIng -*'Ions .... M lie LinIIIId ~ of AlDney IlIeIIIIId Is hIIIms8/an. may be by 1IcaIn1IIe; IIId such LinIIIId ~ of 1JIartrIt IhaI be deemed 111 original In II aspecIs. RESOl \'ED ~ 11811118SOlulions adopIIIII prlor III DIay lIppllinIng lie abolie IIIII18d . Albney-in-Fact b' CONTRACTORS BOHDING AND INSI.JlANCE catflN<< nller8by IUpeII8ded. CONTRACTORS BONDING At() INSURANCE COMPN<< ~--~ IN WITNESS WHEREOF, CONTRACT~ BONDING At() INSURANCE catflN<< hM ClUIId", ~ III be signed by lis President IIId lis this 18th day of Jan. 2006. i~ il\SEALwjlE ~!t~1 ~8HI~ ", STATE OF WASHINGTON - COUNTY OF KING IN WITNESS WHEREOF, I ~ hereunlD III my hand lIld aIfixed my oIliciaIll8II the day IIId yew Irsl abolie..... P0aDS01.14-US012006 II ~~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND. OR 97520 (541) 488-5300 CITY RECORDER'S COpy ~I Page1/1 06993 l VENDOR: 011256 SABEL PAINTING CO 3181 OLD STAGE ROAD CENTRAL POINT, OR 97502 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Tenna: Net Req. Del. Date: 7/17/2006 Speclallnst: Req. No.: J Dept.: PUBLIC WORKS 'Contact: Paula Brown Conflnnlng? No BLANKET PURCHASE ORDER Exterior surface repair and exterior paintin~ of the CITY HALL buildin~ at . 20 East Main Street 39,965.00 Date of a~reement: July 10, 2006 ~innin~ date: July 17, 2006 Completion date: October, 2006 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL VENDOR COPY REQUISITION No. PW - FY 2007 Department Public Works Vendor SABEL PAINTING CO. 3181 OlD STAGE ROAD CENTRAL POINT OR 97502 Account No. 410.08.24.00.704100 Date July 14,2006 Requested Delivery Date ASAP Deliver To DAWNLAMB Via PAULA BROWN (' NaIll: ~ oIIow ........;...My lWll(2) ...... ftJr doIiwIy III i-. DOl ~ coried in stond..... ..........;.....My two (2) IDOIIlIIIIII prinliDajobo,) Ilan No. QuIIIIity UDit DcIcriptioa Exterior surface repair and exterior painting of the City Hall building at 20 E. Main Street. Use of . Office UDit Price ToIlIl Price PO No. S 39,965.00 TOTAL S S 39,965.00 Job No. . Unit No. I......, CIIliIY- tho............. _ b tho___ oltbis ....-......budpIIOd cd L ~ Y'I I~"" / Issued By Date Received By r.l' G:\PUb-wrkalenll\dept-lldmInIENGINEERIPROJECNOO6\1l6-15 S8bel Paint cay Ha. Req 7 06.xla II