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HomeMy WebLinkAbout2016-104 Contract - Liquivision Technology Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Liquivision Technology ASHLAND CONTACT: Sherri Tri 20 East Main Street Trigg Ashland, Oregon 97520 ADDRESS: 711 Market Street, Klamath Falls Oregon 97601 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 800-229-6959 DATE AGREEMENT PREPARED: 4-28-16 FAX: 541-883-1361 BEGINNING DATE: 5-23-16 COMPLETION DATE: 12-30-16 COMPENSATION: Not to exceed $3,050 see attached as Exhibit " C" GOODS AND SERVICES TO BE PROVIDED: Clean and inspect Alsing Reservoir with vacuuming rotating brushes, equipment should only have been used in potable water, de-chlorinate effluent. ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said rims City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 2796.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing and delivered b certified mail or in person. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions.- i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services, ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract; or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed.. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 2 of 5 $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE: THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nona ppropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference. Contractor: City of Ashland _ Y BY By Signature Pepartment-Head I-tca Print Name Print Name Al..L Ajvt.i~'t--- Title Date W-9 One copy of a W-9 is to be submitted with _D - t the signed contract. Purchase Order No. J Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) 1 carry out the labor or services at a location separate from my residence or is in a specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. fA' (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. /Z- /I ~ o ntr for (Date) KContract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 CITY OF ASHLAND OREGON EXHIBIT B City of Ash land A sell. $,I LIVING - E WAG =per hour effective June 30, 2015 ow (Increases annually every June 30 by the grin 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 50 /o 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 Goods and Services Less than $25,000, Revised 06/02/2015, Page 5 of 5 r /191 eViSOON LiQUi i TkCHNOLOGY T T / DIVING SERV ICE S Offioe`r laiIirg A0aress FF--rae: 1 tSE- ax: ;'r-41) 883 13:1 vVesterr 3peraticrs -11 NlarNet Street li ~ivisier ,i`vlr?gservl~xs... m 33F rdaN:et Street Klarrath Falls, OR 97f-31 .;<.,ivirgseryixs.L r 4 lamattr Falls, R 97e.31 Steve Walker 4/27/2016 Ashland, City of Wk: 541-552-2326 Cell: 541-951-0009 90 N. Mountain Ave. Fx: 541-552-2329 Em: walkers@ashland.or.us Ashland, OR 97520 *OR6055-16r1T_ We are pleased to provide you the following firm quotation and outline of the conditions of our services. Tank Type Dia. Hgt. Maximum Surface Price for Price for Price for or (Feet) Calculated Area Diver Diver Additional LxW Capacity (S. F.) Wall Cleaning & Sediment Feet Gallons Cleaning Inspection Per Hour Mobilization Charge - Flat charge to mobilize and demobilize to your location. $450 $375 1. Alsing PBG Concrete 110 31 2,202,665 ! 9,499 $2,375 Dechlorination is charged at $15/hr. 15 hours estimated. $225 I Subtotal $3,050 Total *Plus sales tax if applicable $3,050 Scope of Work: Removal of accumulated sediment from the floor of the tank. The effluent will be disposed of at the districts direction. A final and comprehensive inspection will be performed documenting the condition of the entire structure and recorded on DVD. Written documentation with digital pictures, descriptions of the images and any recommendations will be provided to the district on a USB flash drive. Our bids are based on a variety of factors that pertain to the length of time it takes to accomplish our work. The main consideration is the amount of sediment that has to be removed, 4" of normal sediment is included in this bid. Initials Please initial the line items below to verify that you have reviewed them. Entry hatch on top of the tank is at least 18" dlameter(If divers cannot enter minimum charges will apply The water level is kept within ten (10) feet of the top of the tank. Tank dimensions are correct. Scope of work is correct. 1. Placement and disposal of effluent removed from the tank is done at the direction of the Customer. 2. Quotes for cleaning assume that the sediment is normal material (such as silt, flocculated material, insects, manganese, rust, etc.) found in potable water tanks that is easily removed by our vacuum system. If the sediment is difficult to remove such as large amounts of concrete chips, gravel, sand, rocks, detached coating debris, etc., then our hourly rate shall apply for each hour (over the first hour) for removing this material. LIQUI-1 OP ID: JS A~'ORO' nr) CERTIFICATE OF LIABILITY INSURANCE DATE (MIwDO 0510512016 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 pollcy(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, CONTACT Janice She Great Basin Insurance PHONE 826 Main Street , 641-882-5507 cNo : $41-884-0052 P. 0. Box 69 MPLAS; anice.sha rsbasin.com Klamath Falls, OR 97601 Matt Hurley INSURE 8 AFFORDING COVERAGE NAIC a INSURER A : Great American Ins. Companies INSURED Liquivision Technology Inc. INsuRERa: LM Insurance Co 33600 Arrow Manufacturing Inc. INSURER C : Prosi ht S ecia! 711 Market St Klamath Falls, OR 97601 INSURER D : Rockhiil Insurance Company INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR P TYPE OF INSURANCE LTR POLICY NUMBER (MMIDDIYYM MMlD UMnB A X COMMERCIAL GENERAL UABILnY EACH OCCURRENCE $ 11000,00 DAMAGETO -1 CUUMS-MADE a OCCUR X OMH220578500 0910112015 0910112016 PR EMISES Ea murreme) $ 50,00 MED EXP (Any one person) $ 5,00 PERSONAL a ADV INJURY $ 1,000,00 GEWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 X POLICY D PROJECT LOC PRODUCTS - COMPIOP AGG $ 1,000,00 OTHER: $ AUTOMOBILE LL MLFrY E COMBINED tSINGLE LIMIT $ 1,000,00 A► X ANY AUTO X 010171167530 08/0112015 0810112016 BODILY INJURY (Per person) $ AAILL 0OWNEO H SCHEDULED I300ILY INJURY (Per accident) $ NON-OWNED PROPERTY G $ HIRED AUTOS AUTOS (Per aacident $ UMBRELLA I" X OCCUR EACH OCCURRENCE $ 6,000,00 C X EXCESS Leas CLAIMSWADE X ML20150001637 0910112015 0910112016 AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION X STATUTE PER ER H- AND EMPLOYERS' LIABILITY NIA CWSS-319580-024 10!0112015 1010112016 E.L. EACH ACCIDENT $ 100010010 B ANY PR PRIETHR EXRTNERI 9ECUTIVE YIN (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,0 if yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D POLLUTION UBESF565917115 1011612015 1011612016 Each Cond 2,000,000 Aggregate 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (ACORD 101, Addidoml Renmft Setledule, may be attached it more space is required) The City of Ashland Is an Additional Insured per the attached policy endorsement forms. CERTIFICATE HOLDER CANCELLATION ASHLAND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Ashland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 90 N Mountain Ave ACCORDANCE WITH THE POLICY PROVISIONS. Ashland, OR 97520 AUTHOIUMD REPRESENTATIVE ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD ' 03 ' 03/2012015.OMH 2205785 00 Great American Insurance Company 0161456 Adm. t,t«tn: orc.*-.r2 GAI 2391 (Ed. 01 01 ) 301E 4th Street tiE = t tFRjcA.. ctktstat3 OH 45202-4201 INSURANCE GROUP 51336 WO Ph MARINE COMMERCIAL LIABILITY BLANKET ADDITIONAL INSURED ENDORSEMENT We agree that this policy shall include as Additional Insureds any person or organization to whom the Named Insured has agreed by written contract to provide coverage, but only with respect to operations performed by or on behalf of the fumed Insured and only with respect to an 'occurrence': 1. Otherwise covered by this policy; and 2. That occurred subsequent to the making of such written agreement. All other terms and conditions of this policy remain unchanged. GAI 2391 (Ed.01101) (Page 1 of 1) REPRINTED FROM THE AROWL THE ORIGINAL TRANSACTION MAY UtMWE ADOIT OWL FCRW Policy #01 0171167530 COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.1b. of the CANCELLATION Common SECTION 11 - LIABILITY COVERAGE - A.I. WHO Policy Condition Is replaced by the following: IS AN INSURED provision Is amended by the addition b. 60 days before the effective date of cancellation of the following: if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an Insured contract" to provide Insur- TEMPORARY SUBSTITUTE AUTO - PHYSICAL ance is an Insured", subject to the following DAMAGE COVERAGE additional provisions: Under paragraph C. - CERTAIN TRAILERS, MO- (1) The "insured contract" must be in effect BILE EQUIPMENT AND TEMPORARY SUBSTITUTE during the policy period shown In the Decla- AUTOS of SECTION 1 COVERED AUTOS, the rations, and must have been executed prior following Is added: to the "bodily injury" or "property damage". (2) This person or organization is an 'insured" It Physical Damage coverage Is provided by this Cov- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that Insured, whether the work is performed by you or for you. and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute for a "accident" occurring while a covered "auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of its breakdown, repair, servicing, loss" or ployees. destruction. (3) There is no coverage provided to this person BROAD FORM NAMED INSURED or organization for `bodily injury" to Its em- ployees, nor for "property damage" to its SECTION II - LIABILITY COVERAGE - A.I. WHO property. IS AN INSURED provision Is amended by the addition (4) Coverage for this person or organization of the following: shall be limited to the extent of your negli- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own (S) The defense of any claim or 'quit" must be 50% or more of the business entity and the tendered by this person or organization as business entity is not separately Insured for soon as practicable to all other Insurers Business Auto Coverage. Coverage Is extended which up to a maximum of 180 days following acquisi- Potentially provide insurance for such tion or formation of the business entity. Coverage claim or "suit". under this provision Is afforded only until the and of the policy period. Includes copyrighted material of insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office. Inc., 11997 CA 71 10 03 07 page s of 6 EP (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: & SECTION 111 -PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, Is or amended by adding the following: (b) The coverage and/or limits required by c. Personal Effects Coverage the 'insured contract". For any Owned "auto" that Is Involved In a (7) A person's or organization's status as an covered 'loss", we will pay up to $500 for Insured" under this subparagraph d, ends "personal effects" that are lost or damaged when your operations for that "insured" are as a result of the covered woss", without completed. applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. of Section 11 - LIABILITY COV- Paragraph A. COVERAGE of SECTION Ill - ERAGE item f. Is added as follows: PHYSICAL. DAMAGE COVERAGE Is amended to Your 'employee" while using his owned "auto", or an add: 'auto" owned by a member of his or her household, 5. We will pay for the expense of retuming a stolen In your business or your personal affairs, provided you covered "auto" to you. do not own, hire or borrow that "auto". This coverage Is excess to any other collectible Insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph S. - EXCLUSIONS of SECTION Ili - PHYSICAL DAMAGE COVERAGE. the following is Exclusion 5. FELLOW EMPLOYEE of SECTION 11 - added: LIABILITY COVERAGE - B. EXCLUSIONS Is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. However, this exclusion does not apply if the "bodily Injury" results from the use of a covered mauto" you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other Under Paragraph C - LIMIT OF INSURANCE of collectible insurance. Section !II - PHYSICAL DAMAGE COVERAGE sec- * ~ tlon 2 is amended as follows: BLANKET WAIVER OF SUBROGATION 2. An adjustment for depreciation and physical con- We waive the right of recovery we may have for pay- dition will be made In determining actual cash ments made for 'bodily injury" or •property damage" value in the event of a total loss. However, in the on behalf of the persons or organizations added as event of a total loss to your "new vehicle" to 'insureds" under Section 11 - LIABILITY COVERAGE which this coverage applies, as shown In the - A.I.D. BROAD FORM NAMED INSURED and declarations, we will pay at your option: A.1.e. BLANKET ADDITIONAL INSURED. a. The verifiable anew vehicle" purchase price in- PHYSICAL DAMAGE - ADDITIONAL TRANS- you paid for your damaged vehicle, not in- cluding any Insurance or warranties pur- PORTATiON EXPENSE COVERAGE chased; The first sentence of paragraph AA. of SECTION III b. The purchase price, as negotiated by us, of - PHYSICAL DAMAGE COVERAGE is amended as a new vehicle of the same make, model and follows: equipment, not Including any furnishings, parts or equipment not Installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,500 for temporary transportatlon expanse Incurred If the same model Is not available pay the by you because of the total theft of a covered °auto" purchase price of the most similar model of the private passenger type. available; Page 2 of 6 RVMMWFRM THE AROWE THE CMGWlL rwwsacTM MAY W-LUCE ADOMaw►L FCWA c. The market value of your damaged vehicle, a. Actual cash value of the damaged or stolen not including any furnishings, parts or equip- property as of the time of the 'loss", less an ment not Installed by the manufacturer or adjustment for depredation and physical manufacturer's dealership. condition; or This coverage applies only to a covered "auto" b. Balance due under the teens of the loan or of the private passenger, light truck or medium lease that the damaged covered "buto" Is truck type (20,000 lbs or less gross vehicle subject to at the time of the 'Ross less any weight) and does not apply to Initiation or set up one or all of the following adjustments: costs associated with loans or leases. (1) Overdue payment and financial TWO OR MORE DEDUCTIBLES penalties associated with those payments as of the date of the Under SECTION III - PHYSICAL DAMAGE COV- "loss". ERAGE, d two or more "company" policies or cover- (2) Financial penalties imposed under a age forms apply to the same accident, the following lease due to high mileage, exces- applies to paragraph D. Deductible: sive use or abnormal wear and tear. a. If the applicable Business Auto deduct- (3) Costs for extended warranties, Cre- ible is the smaller (or smallest) deduct- dit Life Insurance, Health, Accident Ible it will be waived; or or Disability Insurance purchased b. If the applicable Business Auto deduct- with the loan or tease. ible is not the smaller (or smallest) de- (4) Transfer or rollover balances from ductible it will be reduced by the amount previous loans or leases. of the smaller (or smallest) deductible; (5) Final payment due under a 13atloon or Loan". c. If the loss involves two or more Busi- (6) The dollar amount of any ness Auto coverage forms or policies un-repaired damage that occurred the smaller (or smallest) deductible will prior to the 'total loss" of a covered be waived. "auto". For the purpose of this endorsement (7) Security deposits not refunded by a "company" means: lessor. a. Safeco Insurance Company of America (8) All refunds payable or paid to you b. American States Insurance Company as a result of the early termination c. General Insurance Company of America of a lease agreement or any war- ranty or extended service agree- d. American Economy Insurance Company ment on a covered maulo". e. First National Insurance Company of (8) Any amount representing taxes. Amenca (10) Loan or lease termination fees f. American States Insurance Company of Texas GLASS REPAIR - WAIVER OF DEDUCTIBLE g. American States Preferred Insurance Under paragraph D. - DEDUCTIBLE of SECTION III Company - PHYSICAL DAMAGE COVERAGE, the following Is h. Safeco Insurance Company of Illinois added: LOAN/LEASE GAP COVERAGE No deductible applies to glass damage If the glass Is repaired rather than replaced. Under paragraph C - LIMIT OF INSURANCE of SECTION IN PHYSICAL DAMAGE COVERAGE, AMENDED DUTIES IN THE EVENT OF ACCI- the following Is added: DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total 'Ross" In any one The requirement In LOSS CONDITION 2.a. - 'accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT. CLAIM, to a $1,500 maximum limit: SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 M 07 Pap 3 d 6 EP REPRINTED FROM THE ARCHIVE THE OWsINAL TRANSACTION MAY INCLUDE AMMIONAL FORMS "accident" applies only when the "accident" is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable to any covered "auto" you own. (1) You, if you are an individual; (2) A partner, if you are a partnership; or HIRED AUTO PHYSICAL DAMAGE COVERAGE - LOSS OF USE (3) An executive officer or insurance manager. N you are a corporation. SECTION III - PHYSICAL DAMAGE A.4.b. Form does not apply. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Subject to a maximum of $1.000 per accident, we will cover loss of use of a hired "auto" if it results from SECTION IV BUSINESS AUTO CONDITIONS - an accident,, you are legally liable and the lessor in- 132. Is amended by the addition of the following: curs an actual financial loss. If you unintentionally fail to disclose any hazards ex- RENTAL REIMBURSEMENT COVERAGE isting at the inception date of your policy, we will not A. We will pay for rental reimbursement expenses deny coverage under this Coverage Form because of Incurred by you for the rental of an "auto" be- such failure. However. this provision does not affect cause of a covered loss" to a covered "auto". our right to collect additional premium or exercise our payment applies in addition to the otherwise ap- right of cancellation or non-renewal, pllcable amount of each coverage you have on a HIRED AUTO - LIMITED WORLD WIDE COVER- covered "auto". No deductibles apply to this AGE coverage. B. We will pay only for those expenses Incurred Under Section IV - Business Conditions, Paragraph during the policy period beginning 24 hours after 83.b.e(1) is replaced by the following: the loss" and ending, regardless of the policy's (1) The "accident" or "loss" results expiration. with the lesser of the following number from the use of an "auto" hired for of days: 30 days or less. 1. The number of days reasonably required to RESULTANT MENTAL ANGUISH COVERAGE repair or replace the covered Nam". It loss" is caused by theft, this number of days Is added to the number of days it takes SECTION V - DEFINITIONS - C. Is replaced by the to locate the covered "auto" and return it to following: YOU. "WIly injury" means bodily injury, sickness or dis- 2. 30 days. ease sustained by a person Including mental anguish C. Our payment Is limited to the lesser of the to[- or death resulting from any of these. lowing amounts: HIRED AUTO PHYSICAL DAMAGE COVERAGE 1. Necessary and actual expenses incurred. If hired "autos" are covered "autos" for Liability cov- 2. $50 per day' erage and If Comprehensive. Specified Causes of D. This coverage does not apply while there are Loss or Collision coverages are provided under this spare or reserve "autos" available to you for your Coverage Form for any -auto" you own. then the operations. Physical Damage Coverages provided are extended to 6autos" you hire or borrow. E. If loss" results from the total theft of a covered "auto" of the private passenger type, we will pay The most we will pay for loss to any hired "auto" Is under this coverage only that amount of your $50,000 or Actual Cash Value or Cost of Repair, rental reimbursement expenses which Is not at- whichever Is smallest. minus a deductible. The de- ready provided for under the PHYSICAL DAM- ductible will be equal to the largest deductible appli- AGE COVERAGE Coverage Extension. cable to any owned -auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- F. The Rental Reimbursement Coverage described slcal Damage coverage is excess over any other cot- above does not apply to a covered 'autoN that is lectible insurance. Subject to the above limit. described or designated as a covered "auto" on Page 4 d 6 REPRINTED FROM THE ARCWE. THE CRIGOM TRANSAC1MMAY V4MUDE ADOITIONAI. FORMS Rental Reimbursement Coverage Form the manufacturer for the installation of a CA 99 23. radio. AUDIO, VISUAL AND DATA ELECTRONIC C. Limit of Insurance EQUIPMENT COVERAGE With respect to this coverage, the LIMIT OF IN- A. Coverage SURANCE provision of PHYSICAL DAMAGE COVERAGE Is replaced by the following: 1. We will pay with respect to a covered auto" 1. The most we will pay for gloss' to audio, vi- for loss" to any electronic equipment that sual or data electronic equipment and any receives or transmits audio, visual or data accessories used with this equipment as a signals and that is not designed solely for the result of any one 'accident" Is the lesser of: reproduction of sound. This coverage applies only if the equipment is permanently Installed s. The actual cash value of the damaged In the covered 'auto" at the time of the or stolen property as of the time of the gloss" or the equipment Is removable from a loss"; or housing unit which is permanently installed b. The cost of repairing or replacing the In the covered "auto" at the time of the damaged or stolen property with other gloss". and such equipment is designed to property of like kind and quality. be solely operated by use of the power from the `auto's" electrical system, in or upon the c. $1400. covered "auto". 2. An adjustment for depredation and physical 2. We will pay with respect to a covered "auto" condition will be made In determining actual for "toss" to any accessories used with the cash value at the time of the gloss". electronic equipment described in paragraph 3. If a repair or replacement results In better A.I. above. than like kind or quality, we will not pay for However, this does not include tapes, the amount of the betterment. records or discs. 3. If Audio, Visual and Data Electronic Equip- D. Deductible ment Coverage form CA 99 60 or CA 99 94 1. If gloss" to the audio, visual or data elec- Is attached to this policy, then the Audio, Vi- tronic equipment or accessories used with sual and Data Electronic Equipment Cover- this equipment Is the result of a 'Ross" to the age described above does not apply. covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- S. Exclusions sion Coverage. then for each covered "auto" The exclusions that apply to PHYSICAL DAM- our obligation to pay for, repair, return or re- AGE COVERAGE, except for the exclusion relat- place damaged or stolen property will be re- Ing to Audio. Visual and Data Electronic duced by the apptlcable deductible shown in Equipment, apply to this coverage. In addi- the Declarations. Any Comprehensive Cow erage deductible shown in the Declarations tiara, the fallowing exclusions apply: does not apply to "loss" to audio. visual or We will not pay for either any electronic equip- data electronic equipment caused by fire or ment or accessories used with such electronic lightning. equipment that Is: 2. If loss" to the audio, visual or data elec- 1. Necessary for the normal operation of the tronic equipment or accessories used with covered "auto" for the monitoring of the this equipment is the result of a `loss" to the covered 'auto's" operating system; or covered "auto" under the Business Auto 2. Both: Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our a. an Integral part of the same unit housing obligation to pay for, repair, return or replace any sound reproducing equipment de- damaged or stolen property will be reduced signed solely for the reproduction of by a $100 deductible. sound if the sound reproducing 3. If "loss" occurs solely to the audio. visual or equipment is permanently Installed in data electronic equipment or accessories the covered "auto"; and used with this equipment, then for each cov- b. permanently installed In the opening of ered "auto" our obligation to pay for, repair, the dash or console nominally used by CA 71 10 03 07 Page 5 of 8 EP REPMTED FROM THEAP4KW- THEORON& TRANBACTIMMAYLNCLUDEADDITIoMAL FOMM return or replace damaged or stolen property SECTION V - DEFINITIONS Is amended by adding will be reduced by a $100 deductible. the following: 4. In the event that there is more than one ap- Q. "Personal effects" means your tangible plicable deductible. only the highest deduct- property that Is worn or carried by you, ex- Ible will apply. In no event will more than one cept for tools, jewelry. money. or securities. deductible apply. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and Is less than 365 days past the purchase date. page 6 of 6 Page 1 / 1 CITY OF ASHLAND DATE PO NUMBER 20 E MAIN ST. 5/12/2016 13516 ASHLAND, OR 97520 (541) 488-5300 VENDOR: 003671 SHIP TO: Ashland Water Treatment Plant LIQUIVISION TECHNOLOGY (541) 488-5345 711 MARKET STREET ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 FOB Point: Ashland, Oreqon Req. No.: Terms: Net Dept.: Req. Del. Date: Contact: STEVE WALKER Special Inst: Confirming? No Quantity Unit Description Unit Price Ext. Price CLEAN AND INSPECTALSING RESERVOIR 3,050.00 CONTRACT FOR GOODS AND SERVICES LESS THAN $25K BEGINNING: 5/23/16 COMPLETION: 12/30/16 SUBTOTAL 3,050.00 BILL TO: Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2010 TOTAL 3,050.00 ASHLAND, OR 97520 Account Number Project Number Amount Account Number Project Number Amount E 670.08.18.00.60240 3,050.00 1 V': - I Au ized Signature VENDOR COPY FORM #3 CITY OF ASHLAND REQUISITION Date of request: 5-12-16 Required date for delivery: asap Vendor Name Liquivision Technology Address, City, State, Zip 711 Market Street, Klamath Falls Ore on 97601 Contact Name & Telephone Number Sherri Trigg 800-229-6959 Fax Number 541-883-1361 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 X 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 Intergovernmental 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 $3.050. Clean and inspect Alsin reservoir. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number _ _ _ _ _ _ - _ _ _ Account Number 670.08.18.00.602400 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 requisifi orm, l certify that the City's public contracting requirements have been satisfied. Employee:''~~ Department Head:` - cr ---~.v. ► ,nc.-tl oi tz- t ~3 (Eq o or greater than $5,000) Department Manager/Supervisor: City Administrator: (Equal to or greater than $25,000) Funds appropriated for current fiscal year YES / NO Finance Director- (Equal to or greater than $5,000) Date Comments: Form #3 - Requisition