Loading...
HomeMy WebLinkAbout2018-025-Contract for Personal Services - Adkins Contract for Personal Services CITY OF CONSULTANT: Adkins Consulting Engineering, LLP -AS H LA N D CONTACT: Dan Scalas 20 East Main Street Ashland, Oregon 97520 ADDRESS: 1435 Esplanade Ave Telephone: 541/488-6002 Klamath Falls, OR 97601 Fax: 541/488-5311 TELEPHONE: 541-884-4666 DATE AGREEMENT PREPARED: Janua 4, 2018 EMAIL: dscalas@adkinsengineering.com BEGINNING DATE: January 24, 2018 COMPLETION DATE: December 31, 2018 COMPENSATION: $192,257.00 SERVICES TO BE PROVIDED: Phase 1A Preliminary Engineering necessary for the Ashland Canal Piping project #2015-17 per the attached Exhibit C. i 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 primary City of Ashland Contract Completion of this contract does not guarantee the award of subsequent phases to same Consultant. This project Is funded by an Oregon DEQ Clean Water State Revolving Fund loan, any requirements of the CWSRF loan must be met b Consultant. 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 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 is fair and reasonable. NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as 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 register-ed, 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.5:15, 279C.520 and 279C.530 are made part of this contract. 8. Living Wage Requirements: If the amount of this contract is $20,688.86 or more, Consultant is required to comply_ with chapter 3.12 of the Ashland Municipal Code by payinga 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. 9. Indemnification: Consultant 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 Consultant (including but not limited to, Consultant's employees, agents, and others designated b Consultant to perform work or services Contract for Personal Services 06119/2017, Page 1 of 5 I 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 aflow 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 priorto 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 SL-bcontracts: 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 $2,000,000 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. d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than $1,000,000, for each accident for Bodily Injury and Property e, including coverage for owned, hired or non-owned Contract for Personal Services 06/19/2017, Page 2 of 5 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, excluding Professional Liability and Workers' Compensation, 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. 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 herein incorporated b reference. onsultaft. City of Ash nd By B y lei S" nature epartmen ead ~7 - , Print Name Print Name se CY'12+_,,r 17, -I Title Date W-9 One copy of a W-9 is tobe submitted with the signed contract. Purchase Order No. ~fC d L15 t t~i' Contract for Personal Services 06/19/2017, Page 3 of 5 i 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 noted 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, it is an independent Contractor as defined in the contract documents, it is authorized to do business in Oregon, it is authorized to act on behalf of the City, and Contractor has checked four or more of the following criteria that apply to its business. x (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. X_ (2) Commercial advertising or business cards or a trade association membership are purchased for the business. X (3) Telephone listing is used for the business separate from the personal residence listing. _ (4) Labor or services are performed only pursuant to written contracts. _ , (5) Labor or services are performed for-two or more different persons within a period of one year. (6) 1 assume financial responsibility for defective workmanship or for service notprovided 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. ZJZ -1 Contractor - (Date) Contract for Personal Services 06119/2017, Page 4 of 5 CITY OF ASHLAND, OREGON EXHIBIT B City of Ashland LIVING WAGE per hour effective June 30, 2017 (Increases annually every June 30 by the IL Consumer Price Index) , • - portion of business of their 4014( 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 and the City of $20,688.86, include temporary or part-time Ashland if the contract employees hired for less than exceeds $20,688.86 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 and Recreation Department. details on applicability of this month if f the the employee spends policy, please see-Ashland emp or more of the ➢ In calculating the living wage, Municipal Code Section working ee'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 06119/2017, Page 5 of 5 _ ADKINS EXHIBIT C GG CONSULTING tNNIrt[[ tt~ ttpppp~m ENGINEERING Ashland Canal Piping Project Scope of Work TASK 1A: Preliminary Engineering a. Topographic Survey: Complete ROW/easement research with enough detail to identify existing City ROW and easements. Conduct a full topographic survey for approximately 10,000 feet of canal, and all features within the ROW and features that may affect construction, i.e. trees with diameter larger than 4-inch DBH, homes, driveways, street crossings, utilities, etc.. Process the survey data and draft working base maps for preliminary engineering. b. Site Review and Understanding: Conduct internal kick-off meeting with sub consultants and staff to review the project, develop a work plan and make assignments. c. Existing Infrastructure Analysis: Develop inventory and status of existing infrastructure, i.e. canal, lining, piped sections, etc. d. Wetland Work: • Wetland determination: Conduct a wetland determination along the existing pipeline alignment. Does not include agency fees. • **Wetland delineation: If wetlands are found, conduct wetland delineation. This item to be conducted only on approval from the City. Does not include wetland mitigation. • "Agency coordination: Time has been included for agency coordination. This item to be conducted only on approval from the City. e. Preliminary Geotechnical: • Familiarization with project and canal route. • Field observation along entire route by Principal Geotechnical and Geology Staff. • Determination, based on visual examination and review of other reports, the types of soil and/or soft rock conditions likely to be encountered. • Determination, based on visual examination, potential problematic locations in regards to stability of slopes, stability of structures and related items. Stake such locations in the field for the surveyors to tie into the canal survey work. • Provide general Geotechnical recommendations for preliminary design and construction of the project, based on soil types observed along the alignment. • Provide narrative explanation of perceived risk on problematic conditions in areas identified in the visual observation. • Provide a list of areas which based on the preliminary evaluation will need additional study to verify recommendations for design and construction of the project. • **Consult with Adkins's engineers regarding project preliminary design. oss measurement: Conduct one ditch loss measurement. One flow measurement to be taken at f. Ditch Loss* Starlite Monitoring Station and one flow measurement to be taken at Terrace Street Pump station. g. 30% Plans: Prepare 30% plans for site layout, design of storm features/creek crossings, necessary improvements to storm facilities and any other affected utilities, trail impact mitigation, grading plans, erosion and sediment control plan, inlet screen and preliminary design profile. It is estimated that final plans will include 54 sheets, preliminary plans will include enough detail for cost estimates, permits and information needed for Phase 113. h. Preliminary Cost Estimate: Complete a preliminary cost estimate based on the 30% plan set in accordance with AACE class 3 estimate. 11 Page I ADKINS GG =0 - RSULTING ep AMENaINEERINO i1WI~1dP Ashland Canal Piping Project Scope of Work i. Preliminary Engineering Report: Complete a preliminary engineering report to include inventory of the project, analysis (hydraulics, hydrology, storm water etc.), inlet screening recommendations, ditch loss report, water savings based on the ditch loss measurement, potential trail impacts, design criteria, construction scope and construction schedule. Geotechnical reports and memos to be included in Task "e" j. Public Relations: Consultant will attend three (3) citizen public outreach workshops and two days of backyard meetings. All other public relation items to be completed by the City and or contracted directly by the City with a public relations firm. 21 Page ChMI: CRy d AMI,M ADKINS P,elad: Mhb C-I Plpinp P,pa,ad by: Dan Spalaa, P.6 SGLTING Da11:1ElEalR01] ENGINEERING - H1un Ea emea Two Nan •PMcpat 'sanM 'P,*,- P.1-1 Pnfwl GNOC •SaMO, EnW-l SurveT 'Envlronswnlal E.N.- lal 0wlc W.W EslpMrdlrp •a-., peotwhnkal 'G.-h 1N 'TaMMnbi •1400+, 'gahal N-11-1 Mlkape Tdah ...g. Eng.- ENla- ENi-, TOChMChn SvvayO, C,aw 9ebnHit •BFabphl Twhnkbn E,Mw, Gwbgla GG.."Id E,I- ENI- (Gadwh) laretwh) IGwNM) f3M,pri Task No. TaiF Deual Ibn 1R Pnllmina En Inaarln ranhic ;uwey re wch, aum ,tlw narln dnh d da N 22o sam - y 06300 n <i oe Pevkw ane Undenlanel;p _ _ _ _ _ _ 10 4 1 128 s 2,3n9 _ c F.latinD Inirnslnic;un nnellah - 4 16 4 s 3057 e Vlanane Work _ 16 S 2M Welland lJetsrcmi•vtron 1 1 H d NA pis i 4001 Ktrllane oahneati„~ R H 12 S 5771 Ccorenenon p Ra 1 d p { 5.7N D4 5800 FsriM1aru.alism wile , 0 e R s 11e1 F~Ma olxrraal~ma 1 4 s 6674 poil ceMitiona - 4 2-- ----2 R f 1,447 ] WI6 lenntl nwlk a;nns 0 d 4 1 $ 1,813 Pnlimnan d°agn ;gcconerM.uw e 3 3 d e s zeM arP>~ e1MMn 10 0 e s 3251 consdlalbn ertw rorw Hlmher e d E E 2,141 I Coni~40nn DKn l.DSV lbewnmeM 12 10 IM f 21. act RHlnlna gana ln,fi,nala.]5<anwla 40 15D la 4 SIM 3 M,713 1•nlim nary COS: ESIF»le 10 to R d Rd 5300 3N $ B,m _ I Prellm rorYEn4ma~i~~t d R4 1 120 - - - - {tOp ]Bd $ 13,941 _ {!nrr;Nw~yni~a~xia, x;va;i. waM MVM; alnlll da _ nalwprone .na eMw.sa d.. na,h,~eW - - w0 s 5.000 FuUYC Relalima p - - TdalNwn 1511 MD 1] 27 6" 01 R2a 0 16 tp 61 N 0 ]R s 0 . 26 -_&OMy Ra1r {tE1 {t1/ 1E0 ti 112 1 11 0] iW TB 1M 1] 102 115 0 1 H. 014 TMM 11510 EB 160 41.975 ".IN {e/ {BO { 100 U11d0 N1] /H 71 400 10 ]08 n.432 E 010 10 1 H_ st.214 {10]4 t m 1!E RB1 CITY OF ASHLAND Notice of Intent to Award Ashland Canal Piping Project 42015-17 November 15, 2017 Mr. Dan Scalas, PE Congratulations! After careful consideration of the Proposals submitted as well as the Interviews, the City of Ashland intends to award to the Engineering Services Contract related to the Ashland Canal Piping Project to the team of Adkins/AP Engineering. We are very thankful of the time and efforts your Team put into this project and we look forward to a successful partnership with Adkins/AP. I have included the scoring summary that includes combined scores from the Proposals as well as the Interviews. Please contact me at your earliest convenience to schedule a site visit and scoping meeting. I am available on November 22°d, morning of the 28th, 29-30 and the morning of 12/1. COMBINED SCORING SUMMARY Firm Score Rank Adkins/AF 949 1 RH2 920 2 Civil West 387 (no interview) 3 Thank you again for your time and interest, Kevin Caldwell Engineering Project Manager Engineering Tel: 541/488-5347 20 E. Main Street Fax: 5414488-6006 Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us Council Business Meeting ~January 0• Title: Approval of Personal Services Contract for the preliminary engineering of the Ashland Canal Piping project (2015-17) From: Paula C. Brown, PE Public Works Director paula.brown(a~ashland.or.us Summary: Before the Council is a contract for professional engineering services. The contract is with Adkins Consulting Engineering, LLP for preliminary engineering of the Ashland Canal Piping project per the 2012 Water Master Plan. This project was released through an open request for qualifications (RFQ) based proposals. Adkins Consulting Engineering was selected as the best qualified among three proposers. Since selection, staff negotiated the scope of work and associated preliminary engineering costs with Adkins. Due to the scale of this project, staff has elected to complete only Phase IA defined in the RFQ at this time. Additional phases of engineering services will be negotiated separately after the completion of Phase IA and brought before Council for approval. The goal of this project is to replace the open-channel irrigation canal with below ground pipe(s) in order to improve the water quality in Ashland Creek and to assist with our goal for overall water conservation. Actions, Options, or Potential Motions: Council has the option to approve this contract or refer back to staff for a new request for proposals. Potential motions include: 1. Move approval of a contract for professional engineering services for the preliminary engineering of the Ashland Canal Piping project with Adkins Consulting Engineering LLP. 2. Direct staff to reconsider a new solicitation for the preliminary engineering of the Ashland Canal Piping project Staff Recommendation: Staff recommends Council move to approve the contract for professional engineering services for the preliminary engineering phase IA of the Ashland Canal Piping project with Adkins Consulting Engineering LLP in the amount of $192,257 and authorize the appropriate signatures on the contracts. Resource Requirements: The 2017-19 Biennium Capital improvement Project (CIP) budget includes System Development Charges (SD,-) funds for contracted services in the amount of $1,452,000 for this project. This project is 100% SDC eligible. Expenses for this project will be reimbursed through a low interest (I%) Department of Environmental Quality (DEQ) Clean Water State Revolving Fund loan of $1.3 million authorized by Council at the August 1, 2017 business meeting. Page I of 3 CITY OF -ASHLAND Policies, Plans and Goals Supported: City Council Goals: 29 Promote conservation as a long-term strategy to protect the environment and public utility needs. 30 Deliver timely life-cycle capital improvements. 31 Maintain existing infrastructure and plan for future improvements to meet regulatory requirements and minimum life-cycle costs. 32 Implement recommendations of adopted master and capital plans. 22 Prepare for the impact of climate change on the community. Background and Additional Information: At the August 1, 2017 Business Meeting Council authorized a DEQ Clean Water State Revolving Fund loan of S 1.3 million to complete the Ashland Canal Piping project. Staff advertised the request for qualifications based proposals on August 30, 2017. Three proposals were received on October 3, 2017. Consultant interviews were held with Adkins Consulting Engineering and RH2 Engineering on November 9, 2017. Staff sent notice of intent to award a professional services contract, conditioned on Council approval to Adkins on November 15, 2017. Staff has met with Adkins numerous times to develop and finalize the project scope of work and cost. Adkins subsequently submitted a final scope and fee proposal on January 4, 2018 that was accepted by staff. Due to the complexity of this project, Staff also intends to enter into a personnel services contract with a Public Relations Firm to assist Staff with strategic communications and public outreach. The remaining phases of this project to be negotiated separately after successful completion of Phase IA include: Phase 1B Easements and Permitting, Phase 2 Final Engineering/Bidding Services and Phase 3 Construction Services. Current estimates to complete the remaining engineering services total 5470,000.00. Current estimates of construction costs range from S 1.3 to $1.8 million. 2012 City of Ashland Comprehensive Water Master Plan The Ashland Canal is a regular source of seasonal irrigation water around the City. The Canal has also been infrequently used as a raw water source for the Water Treatment Plant (WTP). It was most recently used in 2015 due to dropping water levels in Reeder Reservoir. Prior to its use in 2009, the City hired Carollo Engineers to perform a series of tests on the raw water quality. The results of this testing revealed that the Talent Irrigation District (TID) source was acceptable for use as a raw water supply to the WTP at that time. It was also confirmed that the City could continue to use TID as an intermittent raw water source to help resolve seasonal supply deficiencies and meet future supply demands. The City's 2012 Comprehensive Water Master Plan identifies the need to pipe the Canal as soon as practical. Ashland Canal The portion of the Ashland Canal downstream of the Starlite Monitoring Station and terminating at Wright's Creek is owned and operated by the City of Ashland. The City of Ashland further divides the Canal into two sections: 1) The front section between the Starlite Monitoring Station and Terrace Street Pump Station, and 2) The back section from the Terrace Street Pump Station Page 2 of 3 CITY OF ASHLAND to the terminus on Wright's Creeks. For the purposes of this project, the City is only piping the front section of the Canal (approximately 10,000 lineal feet) between the Starlite Monitoring Station and Terrace Street Pump Station. The City has a contract with the Talent Irrigation District for approximately 1,369 acre feet of water annually. The front section of-the Ashland Canal begins at the Starlite Monitoring Station and terminates in the wet well of the Terrace Street Pump Station. From there the City can; 1) Choose to pump to the Water Treatment Plant for potable water treatment, 2) Gravity feed into a siphon that conveys the water across the Ashland Creek drainage to the back section of the Canal, or 3) Gravity overflow through a pipe into Ashland Creek at Lithia Park. The siphon outfall is above Lantern Hill Drive. The back section of the canal terminates into Wright's Creek near Grandview Drive. In drought years the Ashland Canal water that is pumped from the Ashland Canal by the City's Terrace Street Pump Station up to the Water Treatment Plant, is treated to drinking water standards. Raw water in an open Canal is vulnerable to contamination from a variety of sources. These contaminants increase treatment costs at the Water Treatment Plant and reduce the water quality of Ashland Creek. Additionally, open canals are susceptible to water losses through seepage and evaporation. Like many other local waterways, Ashland Creek routinely exceeds the State's maximums for E. coli bacteria in the summer months. The City routinely samples Ashland Creek for bacteria and posts public health notices along the Creek when Oregon Health Authority standards are exceeded. The Ashland Creek E. Coli Bacteria Study (2011 Rogue Riverkeeper) shows that the Ashland Canal is a major contributor of E. coli into Ashland Creek. The Study also shows that E. coli concentrations increase gradually from Tolman Creek Road to the Canal outfall into Ashland Creek. It is suggested that pet and/or animal waste adjacent to the Canal may be contributing the higher than normal levels of bacteria in the Canal which is then conveyed to Ashland Creek. Next Steps: If approved, staff will execute the contract and initiate kick off meetings. Staff will host a page on our website for project updates, schedule open meetings and begin dispersing information to various media sources. It is anticipated that this phase of the Canal Piping project will be complete within 12 months. Attachments: • Personal Services Contract between the City and Adkins Consulting Engineering, LLP Reference: • Request for Qualifications Based Proposals Ashland Canal Piping Project (available upon request) Page 3 of 3 C I T Y OF -ASHLAND ® DATE (MM/DD/YYYY) ACC CERTIFICATE OF LIABILITY INSURANCE 1/5/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Allison Andrus Hall & Company PHONE FAX 19660 10th Ave NE _tAIC, No, Ezt1360-626-2007 __~1A/_c_ No): 360-598-37.03 E-MAIL Poulsbo WA 98370 ADDRESS: aandrus@hallandcompa ty com _ INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Casualty and Surety Co of America 31194 INSURED 25459 INSURER B Adkins Consulting Engineering LLP UR 1435 Esplanade Ave INSURER c Klamath Falls OR 97601 INSURER D: INSURER E : I INSURER F COVERAGES CERTIFICATE NUMBER: 299651197 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. LTR _T _ T___ INSR' TYPE OF INSURANCE AD DL SUBR. POLICY EFF POLICY EXP POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ -1 DAMAGE TO RENTED CLAIMS-MADE E OCCUR PREMISES (Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ - OOHIER ❑ JECT 0 [71 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY (Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NAUTOS ON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident _ 1 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ D RETENTION $ $ WORKERS COMPENSATION j PER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER I ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N /A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE': $ If yes, describe under I DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S A Professional bab: Claims Made Y 105891024 2/912017 2/9/2018 $2,000,000 Per Claim $2,000,000 Aggregate I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ashland 20 East Main Street Ashland OR 97520 AUTHORIZED REPRESENTATIVE I'zi ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD s .4 0 ® CERTIFICATE OF LIABILITY INSURANCE 01/09/2018 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an andorsemenL A statement on this certificate does not confer rights to the certificate holder In lieu of such endo a . PRODUCER Janice sharp Great Basin Insurance PHONE FAX PO Sox 69 541) 882-5507 e * Klamath Palls OR 97601 ADDRESS: Janice. sharp9grilbaoin. cc= DISUREWI AFFORDING COVERAGE tvruc a INSUIIM A: Ohio Security Insurance COMpan 24052 94URED (541) 084-4666 INSURER 0: SAW Corporation 36196 Adkins Consulting Engineering, LLP m19URERc:Ohio casualty insurance compan 24071 1435 Esplanade Ave. INSURER O: Klamath Palls OR 97601 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: cart XD 1524 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. PA Lim R TYPEOF0#SURANCE AMLWAM POLICY POIJCY wMBER EFF POLICY n EXP UNITS A X CQMUMCIALGEKERALLUORM EACHOCCURRENCE S 1,000,000 DAMAGE IV RENTED C(AIMS4AADE a OCCUR Y 88855236926 08/01/2017 08/01/2018 S 1,000,000 MEDEXP (Any en0 anon $ 15 ,000 X Per Pros An PERSONAL a ADV INJURY $ 1,000,000 GENLAGGREGATE pLINT APPLIES PER: GENERAL AGGREGATE $ 2.000 000 POLICY D JECT D Loc PROIxiJCTS•tXXNPIOPAGG a 2,000,000 a OTHEk AUTOMOBILELIABIUTY ED SINGLE LIMIT a 11000,000 A X ANY AUTO Y 871855238926 08/01/2017 08/01/2018 BODILY INJURY (Pef 0, -nI S OWNED P SCHEDULED BODILY INJURY (Pw aocdad) 5 AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTYDAMAGE Is ALTOS ONLY AUTOS ONLY S C X UMBRELLA UAB X OCCUR Y 08055238926 08/01/2017 08/01/201e EACHOCCURRENCE S 4,000,000 EXCESS LIAR CLAWS-MADE AGGREGATE S DIED RETENTION S $ WORMRS PER 13 I A AND EMPLLOYERSOYERV ' WeltLIT m IN 773481 00/01/20L7 08/01/2018 X ANYPROPRIETORMARTNEWEXECUTtVE NIA E.L. EACH ACCIDENT $ 500.000 OFFICERWW BEREXCLUDED7 (Mandatory In KH) E.L. DISEASE - EA EMPLOYE a 500,000 If deK*o under DESCRIPTION OF OPERATIONS bob* E.L. DISEASE - POLICY LIMIT S 500,000 S a OESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddMonal Ramarks Schedule, maybe atbohed Ir more space Is required) The City of Ashland, Oregon and its elected officials, officers and employees are additional ineu edu per the attached policy endorsement forms. Coverage is Primary and Non Contributory. Res Project #2015-17 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE VVILL 13E DELIVERED IN City of Ashland ACCORDANCE Wtffl THE POLICY PROVISIONS. 20 East Naia 8treot AUTHORIZED REPRESENTATIVE Ashland OR 97520 ®1988.2018 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 8 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than Insurance written to apply specifically in excess of this policy), contingent or on any other basis, .that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that Is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following Is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection Sys- tems, or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments Is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. Is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. Is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional Insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused In whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 3 of 8 I b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily Injury" or "property damage" Included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The Insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured Is required by a contract or agreement, the insur- ance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.e. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, Including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement Is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 i 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily Injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising Injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily Injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional Insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contractor agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION N - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 0 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 i Y b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit Issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this Insurance is excess over any other insurance for which the addi- tional Insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 1. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to the additional Insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy, J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or Joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not In the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising Injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, Includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which Is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising Injury", or caused in whole or in part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J. Is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations or qualifies as an insured under this provision. L FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any Insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section it - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical Injury, sick- ness or disease. ® 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and Included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed In writing In a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2013 Liberty Mutual Insurance CG 881 0 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 r r COMMERCIAL AUTO CA 8810 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE - BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically In excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar Insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 • (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION 11 - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- Ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with Its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for loss" in any one "accident" or "loss Is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described In this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. 0. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that Is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V - DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. S. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 8. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses Incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of r replace vehicle reasonable speed and similar ualityu time it should take to repair or the with a quality, p to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE • BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not Include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company. All rights reserved. CABS 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7 f Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V - DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 8810 01 10 Includes copyrighted material of insurance Services Office Inc., with its Permission. Page 5 of 7 40 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph 6.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. Is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 18. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 6 of 7 •J 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V • DEFINITIONS Is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. Is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POUCY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 7 of 7 Purchase Order Fiscal Year 2018 Page: 1 of: 1 THISPO NUMBER MUST APPEAR ON ALL B City of Ashland INVOICES AND SHIPPING DOCUMENTS. ATTN: Accounts Payable ~ 20 E. Main Purchase 20181182 Ashland, OR 97520 Order # T Phone: 541,552-2010 O Email: payable@ashland.or.us V H C/O Engineering Division E ADKINS CONSULTING ENGINEERING, LLP 1 51 Winburn Way N 1435 ESPLANADE AVE P Ashland, OR 97520 D KLAMATH FALLS, OR 97601 Phone: 541/488-5347 O T Fax: 541/488-6006 R O ME Number = ='n- -psi = -vl ernre = _ - Kevin Caldwell Dale=Qrdered ;~W _vrr _ r- - ra Id f = `Department/locafion: - 01/19/2018 4019 _ FOB ASHLAND OR/NET30 City Accounts Pa able ltem# Ue ► - 1 Al Unit Price -Extended Pciee== Preliminary Engineering Canal 1 Phase 1A Preliminary Engineering of the Ashland Canal Project 1 192,257.0000 $192,257.00 per the attached contract and scope of work. Contract for Personal Services Beginning date: January 24, 2018 Completion date: December 31, 2018 Project Account: E-201517-999 GL SUMMARY 083800 - 704200 $192,257.00 By: O`er a te: e-1 Aut rized Sgii' ture PO Total $192,257.00 FORM #3 CITY OF - = ASHLAND '_Uateofrequest: 1/17/18 REQUISITION Required date for delivery: ASAP Vendor Name Adkinc cnna dtingFngineAring 1 1 P Address, City, State, Zip 1435 Esplanade Ave Klamath Falls OR 97601 Contact Name & Telephone Number Dan Scalas, 541-884-4666 Email address dscalas@adkinsengineering.com SOURCING METHOD ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization ❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached ❑ Written quote or proposal attached Attach co of council communication _(If council approval required, attach co of CC ❑ Small Procurement Cooperative Procurement Less than $5,000 Z Request for Proposal (Copies on file) ❑ State of Oregon ❑ Direct Award Date approved by Council: January 16, 2018 Contract # ❑ Verbal/Written quote(s) or proposal(s) (Attach copy of council communication) ❑ 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) - (Attach copy of council communication) Description of SERVICES Total Cost Phase 1A Preliminary Engineering of the Ashland Canal Project per the attached contract $192,257.00 and scope of work. Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST Per attached quotelproposal $ Project Number 2015-17 Account Number 083800-704200 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 ail hardware and software purchases: IT Director Date Support -Yes/ No By signing this requisition formm I rtify that the City's public contracting requirements have been satisfied' Employee- Department Head: > 7J'` qual to or rester than $5,000) _A;~- Department Manager/Supervisor: City Administrator: Equal or greater than,$25,000) Funds appropriated for current fiscal year YES NO nce Director 1 to or greater than $5,000) Date Comments: s' Form #3 - Requisition