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HomeMy WebLinkAbout2015-034 Contract - OS Engineering Contract for PERSONAL SERVICES less than $35,000 CITY OF CONSULTANT: OS Engineering -1S H LAND CONTACT: Martin Stoddard, PE 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 70413, Springfield, OR 97475 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541 393-3345 FAX: 541 505-8917 DATE AGREEMENT PREPARED: 2104/15 EMAIL: MARTIN.STODDARD OS.ENGR.COM BEGINNING DATE: 02/09/15 COMPLETION DATE: 04101/15 COMPENSATION: $ 9,100.00 as per Proposal E150202 attached as Exhibit C. Additional services require prior approval b the City and will be billed at the hour) rates attached as Exhibit D. SERVICES TO BE PROVIDED: Engineering firm shall assist the City of Ashland, Electric Department, in identifying and selecting a mechanical contractor to rebuild the Reeder Gulch Hydro needle valves to correct a leak problem and to modify the HPU system to utilize a food grad vegetable oil and other suitable oil more compatible with water treatment plant operations then the existing oil as per the Proposal E150202 attached as Exhibit C. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Personal 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 prima City of Ashland Contract. i F FINDINGS: Pursuant to AMC 2.50.120, after reasonable inquiry and evaluation, the undersigned Department Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have adequate personnel nor j resources to perform the services; (3) the statement of work represents the department's plan for utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the compensation negotiated herein j is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as E follows: ` 1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein by this reference. ' 2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such service. 3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel assigned to the work required under this contract are fully qualified to perform the service 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. ' 4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated above and complete the service by the completion date indicated above. 5. Compensation: City shall pay Consultant for service 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. 6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of city. 7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,142.20 or more, Consultant 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 service work under this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. i 9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless i from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from f 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 b Consultant (including but not Contract for Personal Services, Revised 07/08/2014, Page 1 of 5 S `e t limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services attendant to this contract). Consultant 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. 10. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Consultant, 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 Consultant 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 Consultant 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 Consultant's performance of each and every obligation and duty under this contract. City by written notice to Consultant of default or breach may at any time terminate the whole or any part of this contract if Consultant 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, Consultant shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Consultant 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 Consultant for work performed prior to the termination date if such work was performed in accordance with the Contract. 11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City. Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to this contract. Consultant is a subject employer that will comply with ORS 656.017. 12. Assignment and Subcontracts: Consultant 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. Consultant 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. 13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a QRF if consultant 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. 14. Insurance. Consultant 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. Professional Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,00 0 for each claim, incident or occurrence. This is to cover damages caused by error, omission or negligent acts related to the professional services to be provided under this contract. C. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000 for each occurrence for Bodily Injury and Property Damage. It shall include contractual liability coverage for the indemnit rovided under this contract. Contract for Personal Services, Revised 07/08/2014, Page 2 of 5 d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,060.00 0, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. e. 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 Consultant or its insurer(s) to the City. f. Additional Insured/Certificates of Insurance. Consultant 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 Consultant's services to be provided under this Contract. The consultant's insurance is primary and non-contributory. As evidence of the insurance coverages required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work under this contract. 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 Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. If 15. 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 Consultant 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. Consultant, 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. 16. 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. CONSULTANT, 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. 17. 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. Consultant 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 Consultant, with no further liability to Consultant. Certification. Consultant shall sign the certification attached hereto as Exhibit A and h rein incorporated b reference. Consultant: City of hland By By Signature pa mint Head Maw k Ho l pm Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Personal Services, Revised 07/08/2014, 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 I 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. ~r (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. _ ,l (4) Labor or services are performed only pursuant to written contracts. f/ (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. O S n"~ViE' Ia0 Contractor (Date) Contract for Personal Services, Revised 07/08/2014, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING A WAGE per hour effective June 30, 2014 (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. ➢ If their employer is the City of 1040 hours in any 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 ➢ 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, For additional --information-:--- 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 Personal Services, Revised 07/08/2014, Page 5 of 5 z ' '4 PROPOSAL FOR ENGINEERIN SERVICES February 2, 2015 Proposal E150202 Mr. Dave Tygerson City of Ashland 90 North Mountain Avenue Ashland, OR 97520 RE: ENGINEERING PROPOSAL FOR REEDER GULCH HYDRO HYDRAULIC CONVERSION Dear Dave, Thank you for the opportunity to give you our proposal for assisting in the coordination of the needle valve rebuild and hydraulic oil conversion for the Reeder Gulch Hydro power plant. Please find an outline of our proposal below. INTRODUCTION The purpose of this project is to assist the City of Ashland in identifying and selecting a mechanical contractor to rebuild the Reeder Gulch Hydro needle valves to correct a leak problem and to modify the HPU system to utilize a food grade vegetable oil or other suitable oil more compatible with water treatment plant operation then the existing oil. SCOPE OF WORK OS Engineering will provide the following services: 1. Develop a hydraulic system mechanical scope of work and provide support in soliciting quotations from suitable contractors. 2. Review quotations and contractor qualifications and recommend a contractor to the City for award. 3. Meet with the mechanical contractor on-site with City personnel to discuss the project and to coordinate on-site activities. 4. Review contractor submittals and RFI's and provide recommendations to the City. 5. Provide startup assistance during commissioning and testing of the system ASSUMPTION Our estimate for this work assumes two site visits during the duration of the effort with commissioning complete in one full day. PO Box 70413 ■ Springfield, OR 97475 ■ Phone (541)393-3345 ■ Fax (541)505-8917 COMPENSATION Based on the above Scope-of-Work, we propose to perform this work on a time and materials basis at rates as indicated in the attached rate schedule. The total estimated cost for this project is $9,100 as broken down in the below cost schedule. Compensation will be based on actual hours worked and shall not exceed the cost estimate without written authorization from the City of Ashland. Task Est. Cost Mechanical Scope of work and RFQ Development (16 hrs) $2,000 Solicitation, Review, Award, and Coordination (16 hrs) $2,000 Site Visits (20 hrs + Expenses) $3,100 Coordination, RFI's, Reviews (16 hrs) $2,000 Project Total $9,100 SCHEDULE We are ready to commence work within two weeks of notice to proceed and anticipate no more than one weeks to complete the RFQ package. Remaining items to be completed in coordination with the mechanical subcontractor. STAFF' The project team for this project will consist of Martin Stoddard, P.E. and Jeff Teel, P.E. of OS Engineering. Jeff will be the lead engineer and Marty will provide engineering review and coordination. CONCLUSION We look forward to working with you on this project and appreciate your confidence in OS Engineering. Please let us know if you have any questions regarding this proposal or require any clarifications or additional information. Sincerely, Martin Stoddard, PE Page 2 of 2 ENGINEERING 1 ENGINEER'S STANDARD RATES OS ENGINEERING STANDARD HOURLY BILLING RATES Standard Hourly Rates as set forth include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. The Standard Hourly Rates are subject to annual review. The rates set for in this Rate Sheet are effective through December 31, 2015. SCHEDULE OF HOURLY RATES CLASS DESCRIPTION RATE ENGR 5 Principal Engineer $140.00/hr ENGR 4 Senior Engineer $125.00/hr ENGR 3 Lead Engineer $105.00/hr ENGR 2 Engineer $90.00/hr ENGR 1 Engineer/Tech $75.00/hr CAD CAD Technician $70.00/hr ADMIN Administrative Support $50.00/hr EXPENSES Direct Expenses billed at cost plus 10%. PO Box 70413 ■ Springfield, OR 97475 ■ Phone (541)393-3345 ■ Fax (541)505-8917 Page 1 oft Client. 1136432 OLSSOIND ACORD. CERTIFICATE OF LIABILITY INSURANCE GATE01UYYYY) ui0 o12/2015 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 endorsements. PRODUCER NAME: Deb Schluckebier USI Northwest E,a : 541 685-5300 ac 11„ 866-968-4807 975 Oak Street, Suite 900 E- ss- deb.schluckebier@USI.biz Eugene, OR 97401 ADDRE 541 683-5300 NJSURER S AFFORDING COVERAGE NAIC If INSURERA: SAIF Corporation 361 6 INSURED INSURER 8 : Olson Industrial Electric, Inc. P.O. Box 70413 INSURER C : INSURER Springfield, OR 97475 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- TYPE OF INSURANCE INSR U8R POLICY NUMBER P D~YYYY LAP'S GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY PREMISES Eomur ence 5 CLAIMS-MADE n OCCUR MED EXP (Any one person $ PERSONAL & AOV INJURY $ GENERAL AGGREGATE $ GEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ POLICY PRO. LOC $ AUTOMOBILE LIABILITY iFED SINGLE LIMIT Ea ec dent) ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED BODILY INJURY (Per acclderd) $ AUTOS AUTOS NON-OWNED O RTY DAMAGE $ HIREDAUTOS AUTOS Per ectldent S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABL.ITY YIN 4~ 820975 1010112014 10101/201 X WC STATU- OTH- ' ANY PROPRIETORIPARTNERIEXECUTIVE~--~ E.L. EACH ACC DENT $500000 OFFICER+MEMBER EXCLUDED? I Al NIA (Mandatory in NH) t-:J E.L. DISEASE - EA EMPLOYEE $500,0W If yes, describe under DESCRIPTION OF OPERATIONS bobw E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, AddMional Remarks Schedule, L more space Is reWlred) Evidence of Coverage CERTIFICATE HOLDER CANCELLATION City of Ashland, Oregon SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 East Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHORIZED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of l The ACORD name and logo are registered marks of ACORD #S14320047/M135611998 DXSJR ,4co CERTIFICATE OF LIABILITY INSURANCE °"'E `"""°°""Y"' 2/9/2015 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 poilcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TACT Kri sty Martin Ward Insurance Agency P 1019 N. Fti- HONE (541) 687-1117 FAX e.(5+1)3f2-e2e0 PO Box 10167 E-MAIL .ApogEss:kristy@wardinsurance. INSURER(S) AFFORDING COVERAGE NAIC s Eugene OR 97440 INSURERA:Phoenix Insurance Com an 5623 INSURED 1114SURERB:Travelers Property Casualt Co 5674 Olsson Industrial Electric Inc wsuiteRc:Charter Oak Fire Ins Company 5615 PO Box 70413 INSURER 0: INSURER E : Springfield OR 97475 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15-1 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 V1ATH 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. ILTSR TYPE OF INSURANCE ADDLSUBR ICY NUMBER MMPDNDDYEFFY POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DA' To RENTF-M-- X COMMERCIAL GENERAL LIABILITY P R $ 300,000 A CLAIMS-MADE ❑X OCCUR X TCO1B50728"HX14 2/3/2014 2/3/2015 MED EXP (Any one person) $ 1o'000 X Job Site Pollution PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER, PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY (Ea accident) $ COMBINED SINGLE LIMIT 1,000,000 B Ix ANY AUTO BODILY INJURY (Per person) $ AUTOWNED SCTOEDULEO T8101B5072BATILI4 2/3/2014 2/3/2015 BODILY INJURY(Per accident) S NON-OWNED Pr ac RdTY DA E S HIRED AUTOS X AUTOS S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10, 000, 000 B EXCESS LIAR CLAIMS-MADE AGGREGATE S 10, 000, 000 DED X RETENTION 10, D0 TSHCITP1B50728ATIL14 12/3/2014 12/3/2015 $ 77 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN TOR S ER ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? O NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Installation Floater T6605C475644COF14 2/3/2014 2/3/2015 Deduclble$2,5M 2,000,000 Leased & Rented Equipment DedudWle$1,000 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Re: Reeder Gulch Hydro City of Ashland, Oregon, and its elected officials, officials, officers, and employees are included as additional insured on a primary and non-contributory basis as respects to General Liability where required by written contract per attached CGD246 and CGD316. 30 Days notice of cancellation shall be given. This form is subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION (541)488-5311 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street Ashland, OR 97520 AUTHORIZED REPRESENTATIVE Doc DuMars/KRISTY ACORD 25 (2010105) ®1988-2010 ACORD CORPORATION. All rights reserved. INS02S onlnnsl m Thu ARrion nnroa anei Innn am ra icfararl mnr4c of ACnDn COMMENTS/REMARKS Named Insured Continued: IJBS Investments LLC Olsson Industrial Electric Profit Plan 401K Olsson Investments LLC Other Coverages Continued: Scheduled Equipment Limit $452,505 Deductible $1,000 Auto liability includes Broadened Pollution Liability per CA9948 Umbrella is following form Contractor's Professional Liability and Contractor's Pollution Legal Liability Company: AXIS Surplus Insurance Company Policy # ESZ784567012014 Eff Dates: 12/03/2014 to 12/03/2015 Policy Aggregate: $5,000,000 Contractor's Professional Liability Limit $5,000,000 Each Claim $5,000,000 Aggregate Contractor's Pollution Legal Liability $5,000,000 Each Claim $5,000,000 Aggregate Self Insured Retention $25,000 each claim or pollution condition Retroactive Date: 12/13/2011 OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for "bodily injury", requiring insurance" specifically requires you "property damage" or "personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The Insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III - Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty of t damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- 1. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- ii. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" any provider of "other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by Iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the "occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the - DEFINITIONS: claim or "suit" and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or "suit" as person or organization as an additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or "suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of the claim or defense against the "suit", and contract or agreement by you; otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured - Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments 1. Blanket Additional Insured - States Or Political Subdivisions - Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured - Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured - Broadened Named Insured L. Blanket Waiver Of Subrogation - Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured - Owners, Managers N. Contractual Liability- Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion E(1)(a) I - COVERAGES - COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section 1- Coverage A 1. The first paragraph of the exceptions in Ex- - Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I - COVERAGES - Coverage Part that has Exclusion - All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I - "premises damage" as described in Para- COVERAGES - COVERAGE A. BODILY graph 6. of SECTION III - LIMITS OF IN- SURANCE. CG D3 16 11 11 0 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III - LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS - COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I - COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You Limit will apply to all "property damage" required because of accidents or traffic law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- The Damage To Premises Rented To You AGES A AND B of SECTION 1 - COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of "oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services" to a person. person or organization for "premises damage" is not an "insured contract"; 2. The following is added to Paragraph 2.a.(1) of SECTION II - WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises damage" means "property dam- ing to provide: age" to: (i) "Incidental medical services" by any of a. Any premises while rented to you or tem- your "employees" who Is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such (ii) First aid or "Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV - COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV - of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 0 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph S. of 4. Any organization you newly acquire or form, SECTION III - LIMITS OF INSURANCE: other than a partnership, joint venture or lim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or "Good Samaritan services" to any one per- which provides similar coverage to that or- son will be deemed to be one "occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I - COV- only: ERAGES - COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it; or cals committed by, or with the knowledge or consent of, the insured. (2) Until the end of the policy period, when that date is later than 180 days after you S. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED - BROADENED NAMED cess Insurance, of SECTION IV - COM- INSURED - UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II -WHO IS The insurance is excess over any valid and AN INSURED: collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for "bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section II - Who Is An of- Insured. injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the E. WHO IS AN INSURED - NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. II - WHO IS AN INSURED: CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, H. BLANKET ADDITIONAL INSURED - LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION 11 - WHO IS The following is added to SECTION II - WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal spect to liability for "bodily injury", "property dam- injury" or "advertising injury" that: age", personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or 'advertising occurs, or is "personal injury" or "advertising , injury" caused by an offense that is commit- injury' caused by an offense that is commit- ted, subsequent to the execution of that con- led, subsequent to the execution of that con- tract or agreement; and tract or agreement; and b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you. equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide In the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or property damage that occurs, or "personal owner, manager or lessor does not apply to: injury" or "advertising injury" caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. tising injury" caused by an offense that is committed, after you cease to be a tenant c. The insurance provided to such equipment in that premises; or lessor is excess over any valid and collectible other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED - STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS - PERMITS the written contract or agreement that this in- The following is added to SECTION II - WHO IS surance must be primary to, or non- contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required Page 4 of 6 0 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company; or an insured, but only with respect to liability for (111) An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury" or "advertising injury" arising out of such op- erations. that is your partner, joint venture member or manager; or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence" or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as cluded in the "products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV - COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence" or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part includes an en- of Section II - Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of "pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership, joint venture sentations, of SECTION IV - COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence" or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence" or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV - COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY - RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily leted. injury" in the DEFINITIONS Section: Page 6 of 6 ® 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 Page 1 / 1 CITY OF ~ ASHLAND DATE PO NUMBER 20 E MAIN ST. 2/13/2015 12731 j ASHLAND, OR 97520 (541) 488-5300 VENDOR: 019261 SHIP To: Ashland Electric Department OS ENGINEERING (541) 488-5354 1919 LAURA STREET 90 N MOUNTAIN SPRINGFIELD, OR 97477 ASHLAND, OR 97520 FOB Point: Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: Dave TygerSon Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price Emergency enqineerinq services to 15,000.00 identify the repairs, replacements and upgraded required to brinq the water flow needle values at the hydro electric qeneratinq facility (Hosler Dam) back on line. Contract for Personal Services Beqinninq date: 02/09/2015 Completion date: 04/01/2015 SUBTOTAL 15 000.00 BILL To: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 15,000.00 ASHLAND, OR 97520 Account Number Project Number' Amount Account Number Project Number Amount E 690.11.18.00.70410 E 000466.999 15 000.00 Authoii ed Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: - / Required date for delivery: Vendor Name Address, City, State, Zip {~.0, 80/X 70/f/, 2 c5Rq1111GFC'!, , CR 971-/75 Contact Name & Telephone Number Fax Number 9j,487-/W 5-ODD,4RD 5,V1 -31? 3-?11, - F.*X : y/ - -R9/7 ciq4,~_ = a414 IzT-Im-,S7-odd4rz>6005- encr r corn 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 ❑ Request for Proposal (Copies on file) ❑ 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 ❑ 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 $5K to $75K Contract # PERSONAL SERVICES ❑ Special Procurement Intergovern mental Agreement $5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency ❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council: ❑ (3) Written proposals/written solicitation Date approved by Council: (Date) ❑ Form #4, Personal Services $5K to $75K Valid until: Date Description of SERVICES Total Cost 7-0 oTE o A/07- 77FJre Item # Quantity Unit Description of MATERIALS Unit Price Total Cost F-1 Per attached quotelproposal TOTAL COST ProjectNumberQwy_4f 3-n Account Number 690-11-18-0-70yioo 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, 1 certify that the City's public contracting requirements have been satisfied. Employee: n i' I t~Qj( Department Head: d ~ ale L""~ (Eq al o or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year.' YE / NO Finance Director- (Equal to orgre` erthan $5,000 Date Comments: Form #3 - Requisition Memo DATE: February 12, 2015 TO: Lee Tuneberg, administrative services director FROM: Mark Holden, director of information technology and electric utility RE: Requisition for Emergency Engineering Services Enclosed please find for your review a requisition for emergency engineering services to identify the repairs, replacements and upgrades required to bring the water flow needle values at the Hydro Electric Generating facility ( Hosler dam) back on line. Your quick review and signature would be appreciated as we need to complete identified repairs/replacements/upgrades by April 1, 2015. Thank you in advance for your help in getting this done. If you have any questions or need any additional information, please let me know. Thank you, Mark Holden Director of IT and Electric Electric Dept. Tel: 541-488-5357 90 N Mountain St Fax: 541-552 2436 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us CITY OF FORM #13 ASHLAND EMERGENCY PROCUREMENT Greater than $5,000 To: Dave Kanner, Public Contracting Officer From: Mary Holden Date: 02/04/15 Re: Emergency Procurement - Written Findings and Request for Authorization Document the emergency: Background & findings: The hydro-electric generator (Hydro Plant) is offline due to needle valve issues. The Electric department was notified by the water treatment plant manager (Greg Hunter) of a small amount of oil substance detected in the Tail Race before entering the Water Treatment Plant. The Hydro Plant was taken offline and the water flow bypass was turned on to serve the Water Treatment Plant. Oil samples were taken and sent to Neilson Research in Medford, OR. Neilson Research confirmed oil from the Tail Race at the Water Treatment Plant matched the oil at the needle valves in the Hydro Plant. The operation of the Hydro Plant is critical to the operation of the Water Treatment Plant. When water demand exceeds four million gallons per day (historically April through October), the Hydro Plant is the only supply capable of meeting the demand at the Water Treatment Plant. The Hydro Plant bypass system is currently operating while the Hydro Plant is offline. However, the bypass system is limited to four million gallons per day. While the Hydro Plant is offline, the amount of water available to the Water Treatment Plant may not be sufficient to meet the demands of Ashland water users. The Electric department needs to have the Hydro Plant back online by April 1, 2015 in order to meet the demand at the Water Treatment Plant and to serve the needs of the City. Engineering, mobilization and repair times require an immediate start to the process. Document solicitation process: Direct Award Amount of Emergency Contract: $9,100 to $15, 000 Engineering $9,100 to $15,000 Note: Construction to follow above completion of engineering scope of work. Form #13 - Emergency Procurement - Written Findings and Request for Approval, Page 1 of 2, 2/4/2015 Written Order t'mergency Procurement is being authorized by the City Administrator as specified by this written order. Authorized by: Date: City Administrator I Public Contracting Officer Report Emergency Procurement to the City Council: Yes / No Note: Emergency Procurements equal to or greater than $100, 000 for Goods and Services and equal to or greater than $75, 000 for Personal Services will require Council approval. Form #13 - Emergency Procurement - Written Findings and Request for Approval, Page 2 of 2, 2/4/2015 CITY OF FORM #4 -AS H LAN D DETERMINATIONS TO PROCURE PERSONAL SERVICES $5,000 to $75,000 To: Dave Kanner, Public Contracting Officer From: Mark Holden Date: 02/04/15 Re: DETERMINATIONS TO PROCURE PERSONAL SERVICES In accordance with AMC 2.50.120(A), for personal services contracts greater than $5,000, but less than $75,000, the Department Head shall make findings that City personnel are not available to perform the services, and that the City does not have the personnel or resources to perform the services required under the proposed contract. However, the City Attorney, the Public Contracting Officer, or Local Contract Review Board, can require a formal solicitation for bids to ensure that the purposes of this chapter are upheld. BacklZround The Electric Department's intent is by April 1, 2015 make all needed repairs to Electric Department's hydro Electric Facilities. The repairs needed include rebuilding and upgrade of (2) needle valve components and all associated equipment. The replacement of the existing hydraulic oil systems associated with hydro operations is required to be converted to and/or replaced with NSF type food grade Hydraulic oil system that is compatible with co- operation of the hydro electric generator and the water treatment plant operations. The estimated cost for the engineering scope of work as written per the OS Engineering proposal is approximately $9,100 to $15,000. The time line intended for this contact is approximately 120 days. Pursuant to AMC 2.50.120(A), has a reasonable inquiry been conducted as to the availability of City personnel to perform the services, and that the City does not have the personnel and resources to perform the services required under the proposed contract? The City does not have the required personnel to complete this project within the required timeline. Due to the non-availability of city qualified personnel that can perform critical and specialized work procedures needed to correct all issues directly affecting the Electric Hydro-electric generator plant and water treatment facility, therefore requires the Electric Department to outsource these emergency repairs. Form #4 - Department Head Determinations to Procure Personal Services, Page 1 of 1, 2/4/2015 Dave Tygerson From: Mike Morrison Jr [morrism@ashland.or.us] Sent: Friday, January 23, 2015 10:09 AM To: 'Mark Holden' Cc: 'Dave Tygerson'; 'Steve Walker Subject: Hydroelectric Generator Mark, The reliable operation of the hydro-electric generator is critical to the daily operation of the Water Treatment Plant, when daily water demand exceeds four million gallons per day. Historically we see demand exceed the four million gallon levels as early as April. The current routing of the water transmission line from the reservoir to the treatment plant directs the water to the generator. The generator is able to control water flow and downstream of the generator is where the treatment plants water intake is located. When the generator is offline, we have a bypass system in place that can divert the flow around the generator. This bypass system is limited to 4 million gallons per day, so when demand exceeds that amount, controlling the flow into the plant has to be done by the generator. If the generator is offline, the amount of water we're able to supply to the treatment plant may not meet the demands of Ashland water users. If we are unable to use the generator to regulate flows to the plant, output from the treatment plant could be inadequate to meet the demands of Ashland water customers. Not supplying enough water is an unacceptable scenario. Getting the generator back online no later than April 1" is critical and every effort to make this happen needs to occur. Please let me know if you need any further explanation. Thanks, Mike Mike Morrison, Public Works Superintendent City of Ashland Public Works 90 N. Mountain Ave, Ashland, OR 97520 Phone (541) 552-2325, TTY (800) 735-2900 Fax (541) 552-2304 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2355. Thank you